These provision are intended to address site specific considerations relating to physical constraints, protection of environmental amenities and resources, and compatibility with surrounding properties. These provisions are in addition to the general regulations set forth in this title.
(Prior code § 10800; Ord. 86 § 5, 1993)
The following criteria is intended to provide guidance in the preparation and design of subdivision applications consistent with the city's objectives. This criteria is not intended to incorporate all design or informational requirements, which may be requested as part of the subdivision review process and CEQA compliance.
A. 
Grading.
1. 
Manmade slopes should be minimized to the greatest extent possible. When used, such slopes shall conform to the contours of the natural terrain (both vertically and horizontally), by the use of "Landform Grading" techniques.
2. 
Multiple building pads shall be encouraged to enable building sites to follow existing topography.
3. 
Street layout should conform to existing topography to minimize cut and fill activity.
4. 
The project should demonstrate ability to comply with the grading standards specified in this title.
B. 
Site Design.
1. 
Design of building sites should be sensitive to the natural terrain. Structures should be located in such a way as to minimize necessary grading and to preserve landform natural features such as prominent knolls and significant landform features.
2. 
Preserve views of significant visual features as seen from both within and outside a hillside development. When designing lots, homes should be oriented to allow view opportunities, although such views may be limited; however, residential privacy should not be unreasonably sacrificed.
3. 
The form, mass, and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques that may be considered include split pads, stepped footings, and grade separations to permit structures to step up the natural slope.
4. 
Lots should be designed so that the residential units are oriented to the south, where feasible, to maximize passive and active solar capabilities.
5. 
The configuration and orientation of lots should be designed to maximize separation of building areas from significant environmental resources.
6. 
All subdivision applications shall demonstrate that the proposed lots will enable residential development to be consistent with the city's resource protection standards, including setback requirements for bluffs, ridgelines, ESHAs, and parkland areas.
C. 
Biology.
1. 
To address sensitive biological resources, the planning director, as advised by the city biologist or environmental review board, may require a biota report at the time of application submittal.
2. 
All subdivision applications should indicate all existing trees, water courses, and other sensitive environmental resources currently shown on city-adopted resource maps on the site. Lot layouts and proposed building pad areas should preserve as many trees as possible.
3. 
No vegetation shall be removed from slopes over 2:1.
4. 
Any manufactured slopes shall be landscaped consistent with the provisions of Municipal Code Chapter 17.53.
D. 
Circulation.
1. 
All roads should be designed to minimize visual impact to public view.
2. 
Circulation routes should provide for adequate access to emergency vehicles, as well as to local residents during emergency situations.
3. 
Road design should reflect the rural character of the community, including such factors as road width, curb designs, orientation.
E. 
Public Works.
1. 
A hydrology report shall be submitted as part of the subdivision application, demonstrating compliance with the city's storm water maintenance standards.
2. 
As part of the geotechnical report, an analysis of wastewater capabilities on the site should be provided to determine the suitability for future development.
3. 
All utilities are placed underground.
F. 
Archaeology.
1. 
A site survey shall be performed for all subdivision applications.
2. 
All subdivision applications and future development shall comply with the city's Native American cultural resources standards.
G. 
Beachfront Parcels. Any subdivision application involving beachfront area shall comply with the following:
1. 
A determination of the mean high-tide line shall be submitted to the city as part of the application submitted.
2. 
All proposed development shall maintain a 10 foot setback landward from the mean high-tide line unless further restricted by other applicable standards.
3. 
A 100 year wave uprush study shall be provided as part of the application submittal.
4. 
Future development shall be placed above the 100 year uprush line.
(Prior code § 10801; Ord. 86 § 5, 1993; Ord. 356 § 4, 2011; Ord. 461 § 4, 2020)
The following zoning districts shall be subject to the slope/density provisions of this chapter. Each zoning district indicates the minimum lot size requirement. However, this minimum lot size requirement is subject to change pursuant to subsection (B)(4) of this section, as it relates to the topography of the subject site. Following is a list of the zoning districts and their "base" lot size requirements.
A. 
Minimum lot size requirements:
RR-20:
20 acres per lot
RR-10:
10 acres per lot
RR-5:
5 acres per lot
RR-2:
2 acres per lot
RR-1:
1 acre per lot.
B. 
In order to address the impacts associated with hillside development, a slope/density formula shall be applied to those districts listed above in subsection A of this section, with the intent to limit the potential intensity of development as the topography becomes steeper. Subdivision requests in these districts shall be subject to the following slope/density requirements to determine the adjusted, or actual minimum lot size requirement for the subject parcel of land.
(Prior code § 10802; Ord. 86 § 5, 1993; Ord. 117 § 4, 1994; Ord. 151 § 26, 1996)
To determine the applicable slope/density factor, the average slope of the subject parcel shall be determined by a registered engineer based on the following formula:
S
=
IL x 100
A
S = Average percent slope
I = Contour line elevation interval in feet
L = Sum of the length of all contour lines across the parcel
A = Net area of parcel in square feet
A. 
Measurements shall be made at contour intervals not to exceed 10 feet on a horizontal map scale where one inch equals 200 feet or less.
B. 
When more than one zoning designation exists on a parcel which is proposed to be subdivided, the density limit for the entire property shall be determined by calculating the allowable number of units within each separately zoned area (fractional numbers shall be rounded down to the nearest whole number) and taking the sum total of these densities.
Based on the average percent slope for the property, the following table shall determine the slope/density factor for the subject property.
Average Percent Slope
Slope/Density Factor
0 - 10%
1.0
10.1 - 15
1.1
15.1 - 20
1.3
20.1 - 25
1.5
25.1 - 33
1.7
33 - over
1.95
To determine the adjusted, or actual minimum lot size for a parcel, this slope/density factor shall be multiplied by the "base" minimum lot size requirement specified for that zoning district in which the subject parcel is located. The resulting figure is the actual minimum lot size requirement which must be met for any proposed subdivision of the subject parcel of land.
Example: 60 acre parcel located in the RR-5 District (5 acre minimum lot size), with 18% slope (1.3 slope/density factor).
Actual Minimum Lot Size = 5 (acres) × 1.3, or 6.5 acres.
C. 
Upon application, the planning commission shall grant an exemption from the slope/density formula to allow creation of one additional lot if it finds that the subject property meets all of the following criteria:
1. 
The proposed lot(s) shall not be smaller than the median lot size as determined by subsection D of this section.
2. 
The proposed subdivision does not exceed the density of the zoning category or the land use designation on the Land Use Map of the Malibu General Plan and any applicable certified Land Use Plan.
3. 
The buildable area of the proposed lot(s) is not in an ESHA identified on maps contained in the Malibu General Plan and any applicable certified Land Use Plan.
4. 
The proposed lot(s) shall not create significant adverse environmental impacts.
5. 
The proposed lot(s) meet all of the minimum lot width and depth requirements of the zone in which it is located and meets all requirements of Section 17.40.040 Residential Development Standards.
6. 
The proposed lot(s) have not been part of a subdivision application granted relief under this provision.
D. 
Determination of Median Lot Size for Application for Relief from Slope/Density Formula.
To calculate the median lot size, the applicant shall submit a list of properties and corresponding lot sizes taken from a 500 foot radius of the exterior boundaries of the subject property but in no event fewer than 10 properties. The list shall be drawn from the latest adjusted Los Angeles County Assessor records. Only properties in the same zone as the subject property shall be considered in determining the median lot size. The largest lot and the smallest lot shall be excluded from the calculation. Land owned by the state or federal government shall be excluded from the calculation. The "median" (middle) lot size shall be calculated using those lot sizes eligible as determined by this section.
(Prior code § 10803; Ord. 86 § 5, 1993; Ords. 232, 232U § 2, 2002)
A. 
Purpose. The purpose of this section is to establish provisions which ensure sensitive development within hillside areas. The following standards establish design criteria as well as review procedures regarding hillside development requests.
B. 
Applicability. All subdivision proposals which have an average slope of 10% or greater (calculated consistent with the provisions of this title) shall be subject to these provisions.
C. 
Findings. In addition to the general findings, no parcel map or tentative map application may be approved unless the planning commission makes all of the following findings:
1. 
That the proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazards;
2. 
That the proposed project is compatible with the natural, biotic, cultural, scenic, and open space resources of the area;
3. 
That the proposed development demonstrates creative and imaginative design, resulting in a visual quality that will complement the community character and benefit current and future community residents;
4. 
That the requested development is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas;
5. 
That the requested development is designed to maintain water bodies, watercourses, and their tributaries in a natural state;
6. 
That the requested development is designed so that wildlife movement corridor (migratory paths) are left in an undisturbed and natural state;
7. 
That the requested development retains sufficient natural vegetative cover and/or open spaces to buffer critical resource areas from said requested development;
8. 
That where necessary, fences, or walls are provided to buffer important habitat areas from development; and
9. 
That roads and utilities serving the proposed development are located and designed so as not to conflict with critical resources, habitat areas or migratory paths.
(Prior code § 10804; Ord. 86 § 5, 1993)