All departments, officials and public employees of the city
vested with the duty or authority to issue permits or licenses shall
conform with the provisions of this title and shall issue no permits
or licenses for uses, buildings or any purpose in conflict with the
provisions of this title. Any such permit or license issued in conflict
with this title shall be null and void.
(Prior code § 9111; Ord. 86 § 3, 1993)
The director may authorize a representative to carry out any
of the duties and responsibilities delegated to him or her by this
title.
(Prior code § 9112; Ord. 86 § 3, 1993)
Prior to issuance of a building or grading permit for any building
or structure hereafter erected or altered, or initiation of use, a
planning clearance pursuant to the provisions of this title shall
be issued by the planning manager/director certifying that the permit
or use complies with all provisions of this title.
(Prior code § 9113; Ord. 86 § 3, 1993; Ord.
93 § 7, 1993; Ord. 261 § 6, 2004)
No parcel of land shall be occupied or used and no building
hereafter erected or altered shall be occupied or used until an inspection
by the director verifying that all requirements and conditions related
to that use or construction have been met.
(Prior code § 9114; Ord. 86 § 3, 1993)
When a use is not specifically listed or is determined by the director not to be included in a general category of use in the chapter defining uses permitted, it shall be assumed that such uses are prohibited unless it is determined by an action of the planning commission, following receipt of a recommendation from the director, and a public hearing, that the use is similar to and not more objectionable than the uses listed. A determination of similar use shall be processed in the same manner as provided in Chapter 17.74 of this title.
(Prior code § 9115; Ord. 86 § 3, 1993)
In interpreting, analyzing and applying the provisions of this
title unless otherwise stated, they shall be held to be the minimum
requirements for promotion of public health, safety, peace, comfort
and general welfare. To the extent that the decisions required by
this title are discretionary, the applicant may be subject to standards
which are stricter than those required here.
(Prior code § 9116; Ord. 86 § 3, 1993)
A.
Where
conflicts occur between the regulations of this title and the building
code or other regulations effective within the city, the more restrictive
of any such regulations shall apply.
B.
Nothing
contained in this title shall be deemed to repeal or amend any regulation
of the city requiring a permit or license or both for any business,
trade or occupation nor shall anything in this title be deemed to
repeal or amend the building code of the city.
(Prior code § 9117; Ord. 86 § 3, 1993)
An application approved by any review body must be found consistent
with the objectives, policies, general land uses, and goals of the
Malibu general plan. Before it is adopted, all decisions are subject
to the requirements of Government Code Section 65360.
(Prior code § 9118; Ord. 86 § 3, 1993)
A.
Purpose.
Enforcement of the provisions of this title and any entitlements granted
by the city may be diligently pursued in order to provide for their
effective administration, to ensure compliance with any conditions
of approval, to promote the city's planning efforts and to protect
the public health, safety and welfare.
B.
Violations and Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of any of the provisions of this title and/or any condition of any entitlement or permit granted under this title are subject to the administrative penalty provisions of Chapter 1.10. Each day that a violation continues shall constitute a separate offense. The city may recover costs associated with the abatement of violations of this title. In addition to all other remedies available under this code and otherwise, the requirements of this title may be enforced by injunctive or declaratory relief.
C.
Responsibility for Enforcement. The planning department shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use entitlements granted by the city and this title. Such enforcement shall include the right to inspect properties, buildings and structures to ensure adequate compliance with the standards of this title. Any use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title is declared to be unlawful and shall be subject to the remedies and penalties set forth in subsection B of this section, and/or revocation procedures initiated pursuant to the following chapters contained in this title:
(Prior code §§ 9120—9122; Ord. 86 § 3, 1993; Ord. 325 § 16, 2008)
Applicants for permits to construct a single-family residence
on an existing vacant lot may request a certification of eligibility
for Calvo Exemption to the requirements of a coastal development permit.
The director shall issue a certification where, based on substantial
evidence, he or she makes all the following findings:
A.
The
proposed single-family residence is within the area designated by
the coastal commission mapped Calvo areas, but outside any designated
riparian or wetland buffer areas that may be within a specifically
designated area. Maps for these areas are on file at the city planning
department.
B.
Construction
will not be located between the first public road and the sea or immediately
adjacent to the inland extent of any beach or of the mean high tide
line where there is no beach.
C.
The
vacant lot is a legal lot as of January 1, 1980 and conforms with
the minimum lot size and lot use designations of the Malibu general
plan and zoning ordinance.
D.
Construction
will not be located within an area known to the city, or designated
by any other public agency, as a geologic hazard area or as a flood
hazard area, or, if located within such an area, it has been determined
by the city to be a safe site for the construction of a single-family
residence.
E.
Construction
will not be any more than 250 feet from an existing, improved all
weather road.
F.
The
single-family residence can be served by legally adequate and available
water supply that is for use either by means of a well or by means
of a connection to a water system with sufficient capacity to serve
such lot or lots; provided that no such connection shall require the
extension of an existing water main which would have the capacity
of serving four or more additional single-family residential structures.
(Prior code § 9123; Ord. 224 § 3, 2001; Ord.
254 § 3, 2003)
These provisions are intended to prescribe the filing of applications
for permits, amendments and approvals when required by this title.
(Prior code § 9560; Ord. 86 § 3, 1993)
Applications for permits, amendments and approvals shall be
filed with the planning division on a City application form, together
with all required plans and maps. Any such application shall be made
by the owner(s) of the property for which the permit is sought, by
an authorized agent, or by buyer in escrow who presents written authorization
for the application from the owner/seller. The lessee of a parcel
of land upon which a permit is sought may file an application, provided
that the application is accompanied by the property owner's written
approval of the application. Until an application is deemed to be
complete by the planning division, no action shall be taken. Where
more specific filing requirements are provided for in this title which
conflict with the provisions of this chapter, the more specific provisions
shall govern.
(Prior code § 9561; Ord. 86 § 3, 1993; Ord.
254 § 3, 2003)
A.
The
city council shall, by resolution, establish a schedule of fees for
permits, approvals, and other matters pertaining to this title. The
schedule of fees may be changed or modified only by resolution of
the city council. Until all applicable fees have been paid in full,
no application shall be deemed complete and no action shall be taken
on any application, appeal or other matter pertaining to this title
for which a fee is required.
B.
All
fees for new land development, private revitalization and new occupancy
approvals shall cover the costs of permit issuance and administration.
C.
No
fee for a temporary use permit shall be charged to a bona fide non-profit
corporation or to an organization or person wishing to exercise free
speech who demonstrates to the director inability to pay otherwise
applicable fees.
(Prior code § 9562; Ord. 86 § 3, 1993)
A.
As
provided by the Government Code, the council may impose a specific
plan fee upon persons seeking approvals which require approval of
a specific plan.
B.
The
city may require specific fees to compensate for the impact caused
by new development where such impacts are specifically identified
by the city. Such fees may include but are not limited to wastewater
disposal fees, school fees, transit fees, open space fees, recreation
fees, child care fees, and parking fees. In addition, the city may
require irrevocable developer commitments to pay for the cost of public
improvements which are required to serve any new or substantially
revitalized project.
(Prior code § 9563; Ord. 86 § 3, 1993; Ord.
93 § 85, 1993)
In addition to other information required to be submitted with
an application, applicants must prove that they own the property which
is the subject of the application or provide the city with written
consent from the owner for the city to process the application. Applicants
for shoreline property must prove that the project will be constructed
entirely on private property and that it meets all setback requirements.
(Prior code § 9564; Ord. 86 § 3, 1993)
The provisions in Sections 17.04.170 through 17.04.230 are intended to specify procedures for public hearings and to provide recourse in the event that any person is aggrieved by any decision made by the planning manager/director or the planning commission in the administration and enforcement of this title. They shall apply to all decisions of the planning manager/director and all decisions of the planning commission regarding applications that require public notice, except for general plan, zoning map or text amendments, or where more specific requirements are otherwise provided for in this title.
(Prior code § 9570; Ord. 86 § 3, 1993; Ord.
93 § 86, 1993; Ord. 261 § 7, 2004)
Applications shall be reviewed and processed in a manner consistent
with the provisions of the California Government Code.
(Prior code § 9571; Ord. 86 § 3, 1993)
A.
Not
less than 21 days before the date of a public hearing, public notice
shall be given of such hearing in the following manner:
1.
A
public notice shall be published in a newspaper of general circulation
within the city. Such notice shall state the nature of the request,
the location of the property, and the time and place of the scheduled
hearing.
2.
For
all items subject to approval by the planning commission or director
requiring a public hearing, a public notice shall be mailed, post
pre-paid, to the owners and tenants of the property within a radius
of 500 feet of the exterior boundaries of the property involved in
the application.
B.
A public
notice shall be posted in a public place in the offices of the city
at least three days prior to the hearing.
C.
Where
more specific notice requirements are provided for in this title which
conflict with the provisions of this chapter, the more specific provisions
shall govern.
(Prior code § 9572; Ord. 86 § 3, 1993; Ord.
111 § 7, 1994)
Public hearings as provided for in this chapter shall be held
at the time and place for which notice has been given as required
in this chapter. Any such hearings may be continued provided that
prior to the adjournment or recess thereof, the chair announces the
time and place to which such hearings will be continued. Notice shall
be given to all persons who speak on a public hearing item which is
being continued not less than 21 days prior to the new hearing date.
(Prior code § 9573; Ord. 86 § 3, 1993; Ord.
111 § 7, 1994)
Within 10 days after a final decision by resolution has been
made regarding an application for which a public hearing is required,
notice of the decision and any conditions of approval shall be mailed
to the applicant at the address shown upon the application and any
interested parties requesting notice.
(Prior code § 9574; Ord. 86 § 3, 1993)
All matters for which the director or commission have final
approval authority shall become final 10 days following their approval,
unless the decision is appealed.
(Prior code § 9575; Ord. 86 § 3, 1993)
A.
Any
person aggrieved by a decision or any portion of the decision made
by the director under the provisions of this title in connection with
a site plan review, variance, stringline modification, conditional
use permit, reasonable accommodation request, determination of permitted
use, sign permit, cultural resources review, highway dedication or
improvement, or temporary use permit application may appeal such action
to the planning commission. Any person aggrieved in a similar manner
by such a decision made by the planning commission may appeal such
action to the city council.
B.
Appeals
shall be addressed to the appellate body on a form prescribed by the
city. The appeal shall state the basis of the appeal. Only matters
raised in the appeal shall be subject to review. Any matter not raised
in the appeal shall not be subject to consideration by the appellate
body. The purpose of this limitation is to provide adequate notice
to all parties with respect to the issues on appeal and eliminate
the necessity of rehearing matters not subject to challenge. Although
the issues on appeal will be limited by the appeal, the appellate
body will accept new evidence (de novo appeal) and will not be bound
by the previous record.
C.
An appeal shall be filed with the city clerk within 10 days following the date of action for which an appeal is made. Appeals shall be accompanied by the filing fee as specified in Section 17.04.120, and shall be processed and noticed in the same manner as the original application. An appeal must identify the decision or portion of the decision being appealed and state the specific grounds for the appeal. An appellant shall have an additional 10 days following the date of filing the appeal to submit to the city clerk in writing, the specific grounds for the appeal. If the appellant does not submit grounds for the appeal within the time allowed by this section, the city clerk shall return the filing fee and the appeal shall be deemed to have been withdrawn.
D.
A copy
of the appeal form shall be sent by the city to the applicant, if
they are two separate parties, by certified mail to the address listed
on the application within one week of its filing.
E.
An
action of the planning manager/director appealed to the planning commission
shall not become effective unless and until final action by the planning
commission. An action of the planning commission appealed to the city
council shall not become effective unless and until final action by
the city council.
F.
In
the event an appeal from an action of the planning manager/director
results in a deadlock vote by the planning commission, the decisions
of the planning manager/director shall be reinstated unless appealed
to the city council.
G.
In
the event that an appeal from an action of the planning commission
results in a deadlock vote by the city council, the action of the
planning commission shall be final.
(Prior code § 9576; Ord. 86 § 3, 1993; Ord.
261 § 8, 2004; Ord. 449 § 8, 2019)
An application or appeal may be denied with prejudice. If such
denial becomes final, no further application for the denied request
shall be filed in the ensuing 12 months, except as otherwise specified
at the same time of denial. An application may be denied with prejudice
on the grounds that two or more similar applications have been denied
in the past two years, or, that another good cause exists for limiting
the refiling of the application. There shall be no such limitation
on refiling placed upon a project denied without prejudice.
(Prior code § 9577; Ord. 86 § 3, 1993)
