City of Malibu, CA PROPERTY DEVELOPMENT AND DESIGN STANDARDS

§ 17.40.010 Purpose.

The following standards are intended to ensure that new or modified uses and development are consistent with the city's land use policies and goals.

(Prior code § 9300; Ord. 86 § 3, 1993; Ord. 261 § 9, 2004)

§ 17.40.020 Applicability.

Any development permit (Chapter 17.62), which authorizes new development or modifications to an existing structure, shall be subject to all of the applicable property development and design standards set forth in this chapter.

(Prior code § 9301; Ord. 86 § 3, 1993; Ord. 93 § 41, 1993; Ord. 261 § 10, 2004)

§ 17.40.030 General development standards.

The following standards shall apply in all zoning districts:

Hedges, Fences and Walls. Hedges, fences and walls may be erected and maintained in required yards subject to the requirements specified herein:

Front Yards. Fences and walls within a required front yard shall not exceed a height of 42 inches with the exception of open/permeable, non-view-obscuring fencing which may extend to a maximum height of six feet. Fencing on institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above 42 inches is constructed of open/permeable, non-view-obscuring material.

Corner Side Yards. Fences and walls within a required corner side yard shall not exceed 42 inches in height where closer than five feet to the right-of-way line, nor exceed six feet in height where five feet or more from said right-of-way line. Fencing on institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above 42 inches is constructed of open/permeable, non-view-obscuring material.

Interior Side and Rear Yards. Fences, walls and hedges forming a barrier and serving the same purpose as a fence or wall within a required interior side or rear yard shall not exceed six feet in height; provided, however, that on the street or highway side of a corner lot such hedge, fence or wall shall be subject to the same requirements as for a corner side yard and the provisions of Section 17.40.040(A)(17). Fencing on institutionally-zoned parcels may extend to a maximum height of eight feet if the portion above 42 inches is constructed of open/permeable, non-view-obscuring material.

Retaining Walls. Retaining walls shall not exceed six feet in height for any one wall, nor 12 feet for any combination of walls (including required freeboard). Any combination of walls shall be separated by at least three feet horizontally. Retaining walls are permitted in all yards.

Exception: Retaining walls over six feet, up to a maximum of 18 feet in height are permitted if the wall is used to create a building pad and it can be demonstrated that the wall will be blocked by the building from the view of the general public or adjacent property owners.

Retaining Walls Topped with Walls or Fences.

Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would, otherwise, be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributed to the permissible height of a fence or wall; provided, however, that in any event an open/permeable, non-view-obscuring fence of 42 inches may be erected at the top of the retaining wall for safety protection.

Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each one foot in height, to a maximum distance of six feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in good condition.

(Reserved)

Measurement of Fences and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three feet of either side of the wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

Notwithstanding the other provisions of this section, the planning manager/director may permit fences or walls within any required yard on flag lots to a height not to exceed six feet.

All fencing enclosing more than a half acre of a residentially zoned parcel shall be open/permeable, non-view-obscuring.

10.

All sports court fencing within required yards shall be subject to the provisions of this chapter. Such fencing, or other freestanding walls or fencing outside of the required yards, shall not exceed 12 feet in height. Fences shall be visually permeable unless non-permeable fences are approved pursuant to Section 17.62.040.

11.

Hedges and flammable fences and walls are prohibited within five feet of a building. For fences and walls the distance shall be measured from the outermost projection of the building to the fence or wall, including eaves, overhangs, and second floor balconies. For hedges, the distance shall be measured from the outermost projection of the building to the canopy of the hedge at its projected maturity, including eaves, overhangs, and second floor balconies.

Projections into Yards.

Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features may not project more than six feet into a required yard; provided, that the distance between an architectural projection and a property line shall not be less than three feet.

Oriel or bay windows and chimneys may not project more than three feet into a required yard; provided, that the projection does not extend closer than three feet to the property line; and provided, that the total width of oriel or bay windows shall not exceed 50% of the length of the wall on which they are located or 10 feet, whichever is less.

Unroofed porches, steps, and terraces may project not more than six feet into a required yard or to a point not closer than three feet to a property line; provided, that the height including railings shall not exceed six feet above the grade of the ground at the property line.

Balconies, decks, terraces which are at least eight feet above grade, may project more than six feet into a required yard; provided, that at least three feet of required yard remains. Such structures shall be cantilevered or supported only by columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck.

Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard a maximum of four feet; provided, that no yard shall be reduced to less than three feet.

Underground structures, such as swimming pools, may project without limit into any required yards; provided, that such structures shall not have a height of more than two and one-half feet above adjacent grade and shall not be located closer than five feet to any property line, or main structure.

Accessory structures and equipment located in the rear and side yards are subject to the following limitations:

Ground-mounted pool equipment, air conditioners and built-in barbecues; provided, that the equipment shall not be located closer than three feet to the property line. Ground-mounted pool and air conditioning equipment must be screened by a solid wall or fence on all sides, except in cases where the equipment is located next to a dwelling, in which case the equipment must be screened on the three sides not adjacent to the dwelling.

Rain conductors, spouts, utility-service risers, and shut-off valves, may project a maximum distance of one foot into any required yard.

Water heaters, water softeners and gas or electric meters, including service conduits and pipes, adequately screened, may project a maximum distance of two and one-half feet; provided, that such structures or equipment are not closer than three feet to any lot line.

Wall and window mounted air conditioners, coolers and fans may be used in any required yard, provided that such equipment is not closer than three feet to any lot line.

Guard railings or fences for safety protection around depressed ramps may be placed in any yard provided such railing or fence does not exceed a height of three and one-half feet.

Driveways, walkways, patio slabs and other areas constructed of concrete, asphalt or similar materials and wooden decks may be used in any required yard, provided, that such structures do not exceed one foot above ground level. Decks over one foot high shall be regulated by subsection (B)(3) of this section. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property.

All development applications shall be subject to the provisions of the city storm water maintenance standards as required in Chapter 70 of the Building Code.

(Prior code § 9302; Ord. 86 § 3, 1993; Ord. 93 §§ 42—44, 1993; Ord. 261 §§ 11—14, 2004; Ord. 373 § 6, 2013; Ord. 461 § 4, 2020; Repealed by Ord. 261, 2004)

§ 17.40.040 Residential development standards.

All residential development shall be subject to the following development standards:

Every residence shall have a roof constructed with roofing material in compliance with a rating as specified by Section 1603 (Fire Zone 4) of Title 26 (Los Angeles Building Code) of this code (see Chapter 15.04).

Every residence shall have an exterior siding of brick, wood, stucco, metal, concrete or other similar material, except that reflective, glossy, polished and/or roll-formed type metal siding is prohibited.

Except as specifically provided in this chapter, every single-family residence shall be not less than 20 feet in width. A single-family residence need only be a minimum of 18 feet wide when it is to be located on a lot or parcel of land less than 26 feet in width. In order to allow for flexibility and creativity of design, a single-family residence may be less than 20 feet wide, but not less than 12 feet, if the floor area, exclusive of appurtenant structures, is at least 900 square feet and the side or sides oriented toward a public street, highway or parkway have a dimension of at least 20 feet. Additions to single-family residences are not restricted as to width.

The minimum floor area of a residential unit shall be as follows:

For a single-family residence, not less than 800 square feet, exclusive of any appurtenant structures.

For each multifamily dwelling unit, not less than 300 square feet, exclusive of any appurtenant structures.

Height.

Except for beachfront lots, every residence and every other building or structure associated with a residential development, including satellite dish antenna, shall not be higher than 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys and rooftop antenna other than satellite dish antenna.

For new construction on a beachfront lot, no residence or structure, including satellite dish antenna, shall exceed 24 feet for flat roof and 28 feet for pitched roof, as measured from the lowest recommended finish floor elevation on the ocean side, as defined by a licensed civil engineer, based upon a comprehensive wave action report, and 24 feet for a flat roof and 28 feet for pitched roof as measured from center line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the center line of the road shall not exceed half of the total length (front to rear) of the structure.

For an addition to an existing structure, the height shall be measured from the bottom of the first floor diaphragm on the ocean side, or the lowest recommended finish floor elevation, whichever is lower, and the center line of the road on the land side.

Notwithstanding any provision of this section, the director may issue a development permit, pursuant to the site plan review process of this title, to allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two.

Non-Beachfront Yards/Setbacks. The following yard/setback requirements apply to all lots, except beachfront lots:

Front yard setbacks shall be at least 20% of the total depth of the lot, or 65 feet, whichever is less.

Side yard setbacks shall be cumulatively at least 25% of the total width of the lot but, in no event, shall a single side yard setback be less than 10% of the width of the lot or five feet, whichever is greater.

Rear yard setbacks shall be at least 15% of the lot depth or 15 feet whichever is greater.

For the purpose of calculating yards, slopes equal to or greater than 1:1 shall not be included in the lot dimensions.

All structures must be set back at least 25 feet from the top of a 45 degree angle (1:1 slope) starting at the toe of an inland bluff or coastal bluff. For slopes greater than 45 degrees setback shall be 25 feet horizontal as measured from the top of the slope at the end of the 45 degree line commencing at the base of the slope. For the purposes of this section, an inland or coastal bluff is a topographic-feature not primarily composed of sand and at least 25 feet from top to toe with a slope of 1:1 or greater.

Notwithstanding any provision of this section, where feasible, all structures shall be set back a minimum of 100 feet from an environmentally sensitive habitat area and other designated environmentally sensitive areas and a minimum of 100 feet from park natural vegetation. For the purposes of this section, "park natural vegetation" means native vegetation comprised of plant species identified as indigenous in the 1986 Edition of Flora of the Santa Monica Mountains (Raven, Thompson and Prigge).

Beachfront Yards/Setbacks. Notwithstanding the above requirements, the following yard requirements apply to beachfront lots:

Front. Twenty feet maximum or the average of the two immediate neighbors, whichever is less.

Side. Ten percent of lot width on each side, with a three feet minimum and five feet maximum.

Rear. Setbacks are determined by the stringline rule. Separate setback standards apply to dwellings, decks, accessory structures, and shoreline protective devices, as indicated below:

Dwellings and Decks. For a dwelling or deck, new construction shall not extend seaward of a stringline drawn by the following procedure:

General Rule. The stringline shall be drawn from a point on the closest upcoast and downcoast property with the same type of structure (dwelling or deck). The stringline point shall be located as follows: first, the predominant seaward projection of the structure on the upcoast and downcoast property shall be identified; second, the corner of the predominant seaward projection which is closest to the subject property shall be located, and shall constitute the stringline point. Predominant seaward projection shall be calculated using the formula in subsection (b).

Predominant Seaward Projection. The "predominant seaward projection" shall be that portion of a structure closest to the ocean, which has a width (i.e., the dimension which is on a plane parallel to the ocean front) at least 30% of the maximum width of the structure.

Stringline Determination. After an application is determined to be complete and a preliminary stringline determination is made, the planning manager/director shall notify in writing the owners and residents of all beachfront property within 500 linear feet of the proposed stringline determination and in no event less than 10 developed properties. Not sooner than 21 days after the resident and owners are notified nor later than 30 days after the notification, the planning manager/director will consider all comments submitted in writing and orally. These deadlines are directory and no decision shall be subject to invalidation solely on the ground that it was made after the deadline. Thereafter, the planning manager/director shall approve, deny, or modify the preliminary stringline determination and issue a written decision.

Stringline Modification. Where the application of the general rule results in a stringline substantially inconsistent with adjacent development, the applicant may apply for a stringline modification pursuant to Section 17.72.100(C).

Accessory Structures. No accessory structure (including, without limitation, a gazebo, pool, cabana) may project seaward of the deck stringline. Accessory structures may be permitted seaward of the dwelling stringline, provided that ocean views from adjacent developed properties are maintained to the maximum reasonable extent, as determined by the planning manager/director.

Shoreline Protective Devices. A shoreline protective device including sea walls, bulkheads or other similar devices shall be subject to site plan review approval pursuant to Section 17.62.040(A)(10). A shoreline protective device shall not extend seaward of a stringline drawn between the nearest seaward corners of the closest existing shoreline protective device(s), as determined by the planning manager/director.

Bluff.

Beachfront Bluffs. Consistent with the stringline rule, structures may extend over a bluff which is 10 feet or less in height, from toe to top, as established by average beach profile and having underlying geology composed mostly of sand and/or naturally or artificially deposited fill materials.

ii.

Shoreline Bluffs. Structures on non-infill lots shall not extend over a bluff which is greater than 10 feet but less than 25 feet and all structures shall be set back to comply with the requirements of Title 26 (Los Angeles Building Code) for foundations adjacent to descending slopes. Structures on infill lots on shoreline bluffs shall conform to the stringline rule.

Ridgelines.

Primary Ridgelines.

A primary ridgeline shall be defined as follows: a hill, ridge or promontory which drops on either side of the top of this landform feature, and includes at least one of the following conditions:

Forms a distinct part of the skyline when viewed from a public street or highway; or

ii.

Is seen as a distinct and prominent edge against a backdrop of land at least 500 feet behind it when viewed from a public street and contains an average slope of at least 3:1.

Structures shall be located a minimum of 100 feet (measured horizontally) from the top of a primary ridgeline, and shall maintain the roof or top of structure below a primary ridgeline when viewed from a public street or highway.

Secondary Ridgelines.

A secondary ridgeline is defined as hills, ridges, and promontories other than primary ridgelines, but on which the elevation drops more than 10 feet in 100 feet horizontally on either side of the top of this landform feature.

Any structures proposed on secondary ridgelines shall be subject to the planning director's review. If the structure projects above the top of the secondary ridgeline, as viewed from a public or private street, the planning director may impose conditions to minimize potential scenic impacts based on such factors as the prominence of the site and structure, the severity of visual impact to public view, and the existing development pattern in the surrounding area. These conditions would be based on the following secondary ridgeline development criteria:

Proposed structures are encouraged to be maintained at a low profile to mitigate visual impacts of the secondary ridgeline.

ii.

The proposed design of the structure, including grading of the site should incorporate development techniques which sensitively conform to the natural terrain, including such measures as split level designs or second stores which are stepped back as viewed from the downhill side of the property, reduced building pads and roof pitches which parallel existing slopes.

Grading or berms which alter the natural contours of, or change the elevation of the crest of the ridgeline in order to create a pad shall be avoided.

Berms, contour or landform grading, and landscaping should be used, when necessary, to soften the visual impacts to secondary ridgelines created by structures and grading.

Ridgetop development is particularly susceptible to wildfire hazard. In addition to the criteria to reduce visual impact, the planning director shall evaluate all ridgeline development on slopes of at least 3:1 to incorporate adequate setbacks to address potential fire hazard concerns.

Grading. Notwithstanding any other provisions of this code, grading (total cut and fill) is limited to 1,000 cubic yards as follows:

Maximum Quantity. In conjunction with any grading, so that the maximum is not greater than 1,000 cubic yards (exclusive of remedial grading) cut and fill may be allocated as follows: (i) balanced cut and fill up to 1,000 cubic yards; or (ii) export of no more than 1,000 cubic yards; or (iii) import of no more than 500 cubic yards, where additional grading on site does not exceed 500 cubic yards in conjunction with any landform alteration so that the maximum is no greater than 1,000 cubic yards; or (iv) any combination of the above that does not exceed 1,000 cubic yards per lot for single-family residential development or per acre of multi-family residential development.

Maximum height cut or fill: six feet in height for any one wall, or 12 feet for any combination of walls, where a minimum three foot separation exists between walls, except single cuts up to 12 feet in height which are an integral part of the structure are permitted.

Maximum grade cut or fill: 3:1 for areas created for development of structures and open yard areas. Transition slopes may not exceed 2:1 and shall not exceed the maximum height permitted for cuts or fills.

Criteria. Grading plans shall be submitted for approval with building plans. No grading permits shall be issued until a building permit is approved. Contour grading shall be used to reflect original landform and result in minimum disturbance to natural terrain. Notching into hillsides is encouraged so that projects are built into natural terrain as much as possible.

Remedial Grading. Notwithstanding the limitations of this subsection, the director may permit remedial grading pursuant to site plan review, Section 17.62.040. For the purposes of this section, "remedial grading" is defined as grading recommended by a full site geotechnical report approved by the director and city geologist, except that no such remedial grading will be allowed when it could be avoided by changing the position or location of the proposed development.

Exceptions. Excavation for foundations and other understructure excavation and incremental excavation for basements and safety purposes shall be excluded from grading limitations.

10.

Development Area. Except for an affordable housing development within the AHO Overlay, every residential development shall be contained within a convex-shaped enclosure that shall not exceed two acres.

11.

Impermeable Coverage. Use of permeable surfaces is encouraged, especially for driveways.

Single-family. Including the single-family residence, impermeable surfaces are permitted for lot areas (excluding slopes equal to or greater than 1:1), up to one-quarter acre at 45%, for lot areas greater than one-quarter acre but a one-half acre or less, at 35% and for lots greater than one-half acre at 30% up to a maximum of 25,000 square feet. Beachfront lots shall not be subject to this subsection.

Multifamily. Twenty-five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. "Green or living walls" shall not be considered landscaping for the purpose of this paragraph. The required five foot landscape buffer around the perimeter of parking areas shall count toward the 25% requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.

12.

Site of Construction. Structures may be constructed on slopes greater than 3:1 but less than 2 1/2:1 subject to the provisions for Section 17.62.030.

13.

Structure Size. Except as specifically provided herein, and as indicated on the total development square footage structure size chart, the total development square footage associated with the construction of a single-family residence on a legal lot equal to or greater than five acres shall not exceed a total of 11,172 square feet. On lots 5,000 square feet or less, the total development square footage shall not exceed 1,885 square feet. Total development square footage shall be determined based on the following formula (slopes equal to or greater than 1:1 shall be excluded from the lot area calculation): for lot areas up to one-half acre, total square footage shall be seventeen and seven-tenths (17 7/10) percent of lot area plus 1,000 square feet; for lot areas greater than one-half acre and up to one acre, total development square footage shall be increased by 10% of the amount of lot area exceeding one-half acre; for lot areas greater than one acre and up to one and one-half acre, total development square footage shall be increased by five percent of the amount of lot area exceeding one acre; for lot areas greater than one and one-half acres and up to five acres, total development square footage shall be increased by two percent of the amount of the lot area exceeding one and one-half acres. For the purposes of this subsection, arbors or trellis open to the sky shall not be calculated as part of the total development square footage. Beachfront lots shall be exempt from the provisions of this subsection.

For construction of a multifamily residence, except as specifically provided herein and where otherwise restricted by provisions of the ESHA Overlay Ordinance (Chapter 4) of the Malibu LIP, the TDSF associated with the construction of a multifamily residence on a legal lot shall be limited by the maximum density permitted onsite, the required setbacks, and the maximum height allowed.

For both single-family and multifamily residences the following standards apply:

Single-Story Floor Area. Notwithstanding any other provision of this chapter, the total development square footage for single-story structures at or below 18 feet is determined according to the above formula.

Multistory or Single Floor Area, Structures Greater Than Eighteen Feet in Height. Notwithstanding any other provision of this chapter, the total development square footage for a structure greater than 18 feet in height shall not be greater than permitted for single-story construction. The second floor area plus the area of vaulted ceilings above 18 feet in height shall not exceed two-thirds the first floor area, and shall be oriented so as to minimize view blockage from adjacent properties.

Basements. The square footage of a basement shall be included in the calculation of total development square footage (TDSF), consistent with the following formula: the initial 1,000 square feet of a basement shall not count toward TDSF; additional area in excess of 1,000 square feet shall be included in the calculation of TDSF at the rate of one square foot of TDSF for every two square feet of proposed basement square footage. A basement shall be located beneath or partially beneath the first floor footprint of the structure above. Any portion of a basement wall extending beyond the first floor footprint above shall be non-daylighting. All basements shall be limited to one floor level, not to exceed 12 feet in height. Any grading required for that portion of a basement not under the first floor footprint above shall be subject to the provisions of Section 17.40.040(A)(9)(a) through (e). Those areas of a basement that extend beyond the first floor footprint above shall be subject to the impermeable coverage development standards contained in Section 17.40.040(A)(11).

Subterranean Garage. The square footage of a subterranean garage shall be included in the calculation of total development square footage (TDSF), consistent with the following formula: the initial 1,000 square feet of a subterranean garage shall not count toward TDSF; additional area in excess of 1,000 square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed. All subterranean garages shall be limited to one floor level not to exceed 12 feet in height. A subterranean garage shall be located beneath or partially beneath the first floor footprint above. Any portion of a subterranean garage wall extending beyond the first floor footprint above shall be non-daylighting. A subterranean garage shall be allowed only one opening for vehicular ingress and egress with a maximum continuous width of 36 feet, not including up to two support columns not exceeding 18 inches in width each. Except for lots with a subterranean garage having an entry not facing and not visible from an abutting street frontage, only one story shall be located above the opening for vehicular ingress and egress for a width equal to the width of said opening. Any grading required for that portion of a subterranean garage not under the first floor footprint above shall be subject to the provisions of Section 17.40.040(A)(9)(a) through (e). Those areas of a subterranean garage that extend beyond the first floor footprint above shall be subject to the impermeable coverage development standards contained in Section 17.40.040(A)(11).

Cellar. The square footage of a cellar shall be included the calculation of total development square footage (TDSF), consistent with the following formula: the initial 1,000 square feet of the cellar area shall not count toward TDSF; additional area in excess of 1,000 square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed. All cellars shall be subject to the provisions of Section 17.40.040(A)(11), Impermeable coverage. Any grading required for the development of a cellar shall be subject to the provisions of Section 17.40.040(A)(9)(a) through (e). All cellars shall be limited to one floor level not to exceed 12 feet in height.

Combinations of Basements, Cellars and/or Subterranean Garages. If any combination of basements, cellars, and/or subterranean garages is proposed, the initial 1,000 square feet of the combined area shall not count toward total development square footage (TDSF). Any additional area in excess of 1,000 square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed.

14.

Wastewater Disposal. Except for development that will be connected to the Civic Center wastewater treatment facility, all wastewater shall be disposed of on the site where it is created, unless a property is already developed with a habitable structure and a conditional use permit is obtained for off-site treatment or disposal. A conditional use permit, subject to the provisions of Chapter 17.66, may be granted to the site receiving the wastewater only after consideration of the following factors:

Geologic or soils conditions of the sending site which limit on-site wastewater treatment and disposal capacity;

Indications that there are no other technically feasible treatment options available to the sending site;

Compatibility of the proposed off-site treatment and disposal facility with the uses and character of adjacent properties and surrounding neighborhood;

The environmental and public health impacts to the receiving site with respect to site-specific and area-wide geology, site-specific and area-wide hydrology, biological resources/native plant communities, water quality/proximity to receiving waters, and cumulative impacts; and

The environmental benefits of off-site disposal are greater than those from on-site disposal.

Subject to applicable provisions of this code, water may be recycled through toilets and/or used for landscape irrigation.

15.

Vesting. Previously approved and existing single-family residences shall be permitted to remodel within pre-remodel lot coverage, height, setbacks and volume. Any remodeling, including grading and changes in the wastewater disposal system, which exceed these existing dimensions or previous approvals shall comply with the standards of this chapter. Notwithstanding the foregoing, nothing in this subdivision shall be construed to permit or legalize an illegal structure.

16.

Neighborhood Standards. Not with-standing any other provision of this section, upon application and pursuant to Section 17.62.040, the planning commission may approve or conditionally approve increased height, structure size and/or development area and/or decreased setbacks where such modifications do not exceed the neighborhood standards and where the planning commission affirmatively makes all the findings set forth in Section 17.62.040(D).

Neighborhood standards apply where there are at least 10 developed lots within a 500-foot radius of the subject site located in the same neighborhood. A neighborhood is defined by the presence of such features as common access, beachfront or landside orientation or by being a part of the same subdivision or development, or by being within the same proximate area of the city with no intervening major natural or manmade physical features such as major roads or flood control channels, canyons, watercourses, hills, ridges or mountains, and sharing similar zoning and other development characteristics such as lot and house size.

For the purpose of this section, "neighborhood standards" means the average structure size and/or development, setback, or height, of at least 80% of all the legal lots developed with a single-family residence within a 500-foot radius of the subject site located in the same neighborhood. In such cases the 80% shall be determined by excluding the smallest 10% and the largest 10% of lots in terms of structure size and/or development area and height, and the smallest 20% of lots in terms of yard setbacks.

17.

Landscaping. Prior to issuance of a grading or building permit, the applicant shall submit a landscaping plan to the planning division for approval. Vegetation provided for in the plan shall be situated on the property so as not at any time (given consideration of its future growth) to obstruct significantly the primary view from private property, and shall otherwise be in conformance with all city requirements. Vegetation, excepting that with a mature height of six feet or less, shall not be planted on the property unless in conformance with an approved landscaping plan. The planning manager/director may approve modifications to a landscaping plan. Assistance and information will be provided by the city biologist.

"Primary view" means visually impressive scenes of the Pacific Ocean, offshore islands, the Santa Monica Mountains, canyons, valleys, or ravines shall be protected. The planning manager/director shall assess the "primary view corridor" of any principal residence located within 1,000 feet of a proposed structure or addition. The primary view corridor shall be assessed from a single fixed location and direction within only one of the selected main viewing areas, at an elevation of five feet as measured from the room floor or on an abutting outdoor deck or patio at any one point within 10 feet of the nearest outside wall of the building as selected by the affected property owner and the city.

The "main viewing area" shall be limited to the ground floor of the principal residence, or the primary living area (excluding bedrooms) if not located on the ground floor, or abutting outdoor deck or patio area at relatively the same elevation as the ground floor of the principal residence whichever has the superior view corridor. Hallways, closets and mechanical rooms shall not be considered main viewing areas.

The planning manager/director shall determine the "main viewing area" by balancing the nature of the view to be protected and the importance of the area within the structure where the view is taken.

The affected property owner shall be entitled to one primary view corridor; and once finally determined for a particular application, the main viewing area and primary view corridor may not be changed for any subsequent application. In the event the city and owner cannot agree on the main viewing area, the decision of the city shall control.

The width of the primary view corridor shall extend the entire width of the protected primary view not to exceed a maximum of 180 degrees in width from the selected fixed location and direction. The primary view corridor shall exclude the first 18 feet of the proposed building height as measured from the existing natural grade or finish grade whichever results in a lower building height. No view obstruction within blue-water ocean, mountain or canyon-view elements per project shall be permitted. Existing foliage shall be considered to have no visual impact to the primary view corridor. New foliage shall not be placed in a manner that creates visual impacts to the primary view corridor and shall meet all landscaping requirements as outlined in this section.

18.

Temporary Housing. Temporary housing structures as used herein means mobilehomes, trailers, recreational vehicles or other structures which are self-contained units which include sanitary facilities, and facilities for normal daily routines including cooking and sleeping. Temporary housing structures do not include any structure placed upon a permanent foundation, nor do they include tents, yurts, or similar fabric or textile installations. Temporary housing structures used as a residence during reconstruction or in anticipation of reconstruction of a residence destroyed due to natural disaster shall be permitted with a temporary housing permit approved by the Planning Director and shall comply with the following conditions:

No more than two temporary housing structures which together total no more than 1,200 square feet shall be permitted.

No additional grading shall be allowed beyond that permitted as part of the development plan. The temporary housing shall be placed within the existing development area as defined by the LIP. Development area for residences built before the Coastal Act shall include all of the site that was legally developed, including the building pad and all graded slopes, all structures, driveways and parking areas.

The temporary housing structure shall include skirting.

The temporary housing structure does not include any structural attachments.

The temporary housing structure shall comply with the following utility requirements:

Be connected to a city-approved power source.

ii.

Provide the city with written authorization from the owner allowing the city to terminate all utilities upon expiration of the period for which the temporary housing structure is permitted to remain on the property.

iii.

Be connected to a functioning onsite wastewater treatment system (OWTS) or sewer as approved by the environmental health administrator. A city-registered OWTS practitioner must inspect the OWTS and verify its functionality prior to installation of the temporary housing structure.

iv.

Be connected to an approved source of potable water.

Temporary housing structures shall be permitted for an initial period of four years and shall be renewable by the planning director in increments up to one year, for a maximum placement of the temporary housing structure of six years, provided that a building permit for the reconstruction has been issued and regular inspections are occurring.

Upon expiration of the temporary housing permit, the property owner shall obtain verification from the city that all temporary housing structures have been removed from the property. Failure to obtain this verification shall result in a fine of $100 per day until the verification is obtained.

Prior to final approval (e.g., certificate of occupancy) by the building official for the reconstructed residence, the temporary housing structure shall be removed from the lot unless the temporary housing structure is permitted and converted into a permanent structure that meets the requirements of the LCP. An RV may remain on the lot and would no longer be considered a temporary housing structure if it is disconnected from utilities and legally stored in compliance with the LCP.

19.

Home Occupations. All single-family and multiple family residences shall be subject to the following development standards:

Purpose. The purpose of the following regulations is to allow reasonable non-residential uses of residential structures, so long as the nonresidential use is ancillary to the residential use, conducted by a resident of the structure, and does not cause an impact which is substantially different from the impact of a residential use.

Uses Permitted Without a Permit. The following uses are allowed, provided they operate in compliance with the city's ordinances and the requirements of home occupations stated in subdivision (19)(d) of this subsection.

Educational uses: a use involving the teaching of students, including, but not limited to music lessons, academic tutoring, religious instruction, swimming lessons, equestrian riding lessons, provided that there be no more than six nonresident persons whether students or employees, present at any one time;

ii.

Home-based office or home-based studio: An office used for business, consultation, computer/internet related use or a recording studio, artist studio, or other reasonably similar use determined by the planning director; provided, that there be no more than six nonresident persons whether employees or clients, present at any one time.

Uses That Require A Permit. The planning director (director) may allow any reasonable use as determined by the director pursuant to a home occupation permit. The home occupation must operate in compliance with city ordinances and the general requirements set forth in subdivision (19)(d) of this subsection.

The applicant shall submit a complete written description of the proposed home occupation including but not be limited to, anticipated hours of operation, anticipated storage of materials and supplies, amount of pedestrian and/or vehicular traffic generated by the home occupation, and a graphic representation of the location of the proposed home occupation within structures on the property.

ii.

An application for home occupation permit shall be completed on forms provided by the city and include such plans as are reasonably required by the director for a complete understanding of the application. The application shall be accompanied by a filing fee in an amount set by resolution of the city council.

iii.

When the director determines that the application is complete, the director shall give written notice of the application to all owners and residents of all properties within 500 feet of the proposed home occupation, but in no event shall less than 10 nearest developed properties be notified. Where there are less than 10 properties within 500 feet of the proposed home occupation, the director shall give written notice to the owners and residents of the 10 properties nearest the proposed home occupation. The written notice shall include a brief description of the proposed home occupation, the address of the proposed occupation, the date, time and location of any public meeting or hearing about the application. No sooner than 10 calendar days after the owners and residents are notified and no later than 30 calendar days after receipt of the complete application, the director will conduct a meeting to consider the application and all written and oral comments.

iv.

The planning director shall grant, deny, or conditionally grant the home occupation permit and issue a written decision.

The director shall impose conditions where required to assure that the home occupation does not cause an impact that is substantially different from the impact of a solely residential use.

vi.

A home occupation permit shall be effective 10 calendar days after its issuance, unless a written appeal to the planning commission is filed with the director within the 10 calendar days after the director approved or denied the application. Any aggrieved person may appeal the director's decision. The director shall notice a hearing on the appeal in the same manner as the initial hearing regarding the home occupation application. The decision of the planning commission shall be final.

All home occupations shall comply with the requirements listed below:

No flammable, hazardous or toxic materials other than those materials normally found in a dwelling and only in the quantities normally found in a dwelling, shall be stored on-site.

ii.

The hours of operation for a home occupation shall begin no earlier than eight a.m. and end no later than nine p.m. daily. Any activity relating to the home occupation held outdoors will be required to cease at sunset.

iii.

With the exception of newspaper, magazine or other similar advertising, the home occupation shall not be apparent. The posting of flyers, or signs to advertise a home occupation, is prohibited except as permitted in Chapter 17.52.

iv.

No home occupation shall create objectionable noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, radiation, or other hazard or nuisance in excess of what is normally found in the neighborhood in which the home occupation is located.

All noise shall comply with Chapter 8.24.

vi.

A home occupation shall comply with Chapter 17.52.

vii.

Except for those uses identified in subdivisions (19)(b) and (c) of this subsection, no one other than residents of the dwelling shall be on-site employees of the home occupation or report to work at the site in the conduct of a home occupation.

viii.

No vehicle, with signage identifying the existence of the home occupation shall be parked on the property or in the right-of-way such as to advertise the existence of the home occupation.

ix.

Required enclosed parking shall be maintained in compliance with Chapter 17.48.

Materials and goods shall not be stored and no permanent work area, work bench, or structures shall be built within the required enclosed parking area in such a manner as to prevent the use of the area for vehicle parking. In addition, no supplies or equipment or equipment used for, or in any way related to, the home occupation may be stored outside the dwelling unit except for those items necessary for outdoor instruction permitted in subdivision (19)(a) of this subsection.

xi.

Pedestrian and/or vehicular traffic shall not be in excess of the normal amount in the zone in which the home occupation is located.

xii.

With the exception of newspaper deliveries, delivery or pick-up of materials, goods, or products to and from the home occupation shall only occur from eight a.m. to five p.m., Monday through Friday. The delivery vehicles used in conjunction with the delivery of materials, goods, or products to and from the location of a home occupation shall be limited to a single unit truck with a maximum of 28 foot length and a maximum gross vehicle weight of 24,000 pounds.

xiii.

Motor vehicle repair businesses, and day care facilities are prohibited.

xiv.

The home occupation shall not occupy more than 20% of the total floor area of all structures on the property, or 2,000 square feet, whichever is less. Any construction, structural alterations or addition(s) to any structure on the property in which the home occupation may be conducted, shall conform with requirements for residential structures within the zoning ordinance.

20.

Additional Regulations for Hillside Residential Development. If a proposed development area meets the definition of hillside residential development, the following requirements apply in addition to other applicable standards required by this title for residential development:

Total development square footage shall be reduced by 25% from that which would otherwise be allowed pursuant to subsection (A)(13) of this section or Section 3.6(K) of the local implementation plan, whichever is more restrictive.

In addition to the height limits specified in subsection (A)(5) of this section and Section 3.6(E)(1) of the local implementation plan, the following standard shall apply: absolute height from the lowest low point to the highest high point of each structure on the parcel shall not exceed 35 feet.

Driveways shall be designed to follow the natural topographic contours of the property to an extent reasonably practicable. No more than one driveway or access road to the property development pad shall be constructed.

Remodels to existing single-family residences, additions of 900 square feet or less, pools, and spas are exempt from these additional standards for hillside residential development.

Determinations regarding lot widths and depths for irregularly shaped parcels, permitted driveway paths, building area and total development square footage, infill lots and yards shall be made by the director.

Residential buildings located within floodplains, liquefaction or earthquake fault zones shall comply with any other site specific hydrologic, geologic and seismic conditions based on the required hydrology soils and geotechnical reports and final recommendations from the city geologist or city engineer.

(Prior code § 9303; Ord. 86 § 3, 1993; Ord. 93 §§ 45, 46, 47, 48, 49—54, 55, 1993; Ord. 104 §§ 3, 6, 1993; Ord. 125 § 4, 1995; Ord. 174 § 7, 1998; Ord. 179 § 7, 1998; Ord. 181 § 7, 1998; Ord. 199 § 2, 1999; Ord. 212 § 3, 2000; Ord. 222 § 3(A), 2001; Ord. 261 §§ 15, 16, 2004; Ord. 266 §§ 7—10, 2004; Ord. 293 § 3(B), 2006; Ord. 393 § 6, 2015; Ord. 445 § 6, 2018; Ord. 449 § 8, 2019)

§ 17.40.050 Distance between buildings.

Where more than one building is placed on a lot or parcel of land, the following minimum distances shall apply.

Distance Between Main Buildings. A minimum distance of 10 feet shall be required between all main residential buildings established on the same lot or parcel of land.

Projections Permitted Between Buildings, Including Detached Shade Structures, on the Same Lot or Parcel of Land. The following projections are permitted within six feet of the required 10 feet between buildings, including detached shade structures, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:

Eaves and cantilevered roofs;

Fireplace structures, buttresses and wing walls;

Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;

Awnings and canopies;

Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

Stairways and balconies above the level of the first floor.

Distance Between Accessory and Main Buildings. A minimum distance of six feet shall be required between any main residential building and an accessory building established on the same lot or parcel of land.

Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.

(Prior code § 9304; Ord. 86 § 3, 1993; Ord. 461 § 4, 2020)

§ 17.40.060 Private open space.

All multiple-family units shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 150 square feet, except that one-bedroom units shall have a minimum of 130 square feet of private open space. Such space shall have a configuration that would allow a horizontal rectangle of 100 square feet in area and no side shall be less than seven feet in length. Such space shall have at least one electrical outlet. Such space may count for up to 30% of the required open space area.

(Prior code § 9305; Ord. 86 § 3, 1993)

§ 17.40.070 Private storage space.

Each multiple-family unit shall have at least 400 cubic feet of enclosed, weather-proofed, and lockable storage space for the sole use of the unit resident, in addition to customary storage space within the unit.

(Prior code § 9306; Ord. 86 § 3, 1993)

§ 17.40.080 Commercial development standards.

All commercial development shall be subject to the following development standards:

Height.

For new construction on a beachfront lot, no building or structure, including satellite dish antenna, shall exceed 24 feet for flat roof and 28 feet for pitched roof, as measured from the lowest recommended finish floor elevation on the ocean side, as defined by a licensed civil engineer, based upon a comprehensive wave action report, and 24 feet for a flat roof and 28 feet for pitched roof as measured from center line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the center line of the road shall not exceed half of the total length (front to rear) of the structure.

Notwithstanding any provision of this section, the planning commission, pursuant to Section 17.62.040, may allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two.

Non-Beachfront Yards/Setbacks. The following yard/setback requirements apply to all lots, except beachfront lots:

Front yard setbacks shall be at least 20% of the total depth of the lot.

Rear yard setbacks shall be at least 15% of the lot depth or 15 feet whichever is greater.

For the purpose of calculating yards, slopes equal to or greater than 1:1 shall not be included in the lot dimensions.

All structures must be set back at least 25 feet from the top of a 45 degree angle slope starting at the toe of an inland-bluff or coastal bluff. For slopes greater than 45 degrees setback shall be 25 feet horizontal as measured from the top of the slope at the end of the 45 degree line commencing at the base of the slope. For the purposes of this section, an inland or coastal-bluff is a topographic feature not primarily composed of sand and at least 25 feet from top to toe with a slope of 1:1 or greater.

Beachfront Yards/Setbacks. Notwithstanding the above requirements, the following yard requirements apply to beachfront lots:

Front: 20 feet maximum or the average of the two immediate neighbors, whichever is less.

Side: 10% of lot width on each side, with a three feet minimum and five feet maximum.

Rear: determined by the stringline rule.

Bluff.

ii.

Shoreline Bluffs. Structures on non-infill lots shall not extend over a bluff which is greater than 10 feet but less than 25 feet and all structures shall be set back to comply-with the requirements of Title 26 (Los Angeles Building Code) for foundations adjacent to descending slopes. Structures on infill lots on shoreline bluffs shall conform to the stringline rule.

Ridgelines. Structures shall be sited a minimum of 100 feet horizontally from and have a roof below the nearest ridgeline. All ridgelines, whether parallel or perpendicular to the ocean, are included. For the purpose of this section, "ridgeline" means hills, ridges or promontories which drop more than 10 feet in 100 feet horizontally on opposite sides of the top.

Grading. Notwithstanding any other provisions of this code, grading (total cut and fill) is limited to 1,000 cubic yards as follows:

Maximum Quantity. In conjunction with any grading, so that the maximum is not greater than 1,000 cubic yards (exclusive of remedial grading) cut and fill may be allocated as follows: (i) balanced cut and fill up to 1,000 cubic yards; or (ii) export of no more than 1000 cubic yards; or (iii) import of no more than 500 cubic yards, where additional grading on site does not exceed 500 cubic yards in conjunction with any landform alteration so that the maximum is no greater than 1,000 cubic yards; or (iv) any combination of the above that does not exceed 1,000 cubic yards.

Maximum height cut or fill: six feet in any one wall, or 12 feet for any combination of walls, where a minimum three foot separation exists between walls, except single cuts up to 12 feet in height which are an integral part of the structure are permitted.

Remedial Grading. Notwithstanding the limitations of this subsection, the director may permit remedial grading. For the purposes of this section, "remedial grading" is defined as grading recommended by a full site geotechnical report approved by the director and city geologist, except that no such remedial grading will be allowed when it could be avoided by changing the position or location of the proposed development.

Exceptions. Excavation for foundations and other understructure excavation and incremental excavation for basements and safety purposes shall be excluded from grading limitations.

Site of Construction. Structures shall not be constructed on sites with slopes greater than 3:1.

Geologic or soils conditions of the sending site which limit on-site wastewater treatment and disposal capacity;

Indications that there are no other technically feasible treatment options available to the sending site;

Compatibility of the proposed off-site treatment and disposal facility with the uses and character of adjacent properties and surrounding neighborhood;

The environmental benefits of off-site disposal are greater than those from on-site disposal.

Subject to applicable provisions of this code, water may be recycled through toilets and/or used for landscape irrigation.

Site Development Criteria. All proposed commercial construction shall comply with the following site development standards:

The gross square footage of all buildings on a given parcel shall be limited to a maximum floor area ratio (F.A.R.) of 0.15, or 15% of the lot area (excluding any street rights-of-way). The city council shall have the authority to approve additional gross square footage, up to the maximum allowed for the parcel under the general plan, provided the increase complies with the provisions of subsection (A)(8)(e) of this section.

Forty percent of the lot area shall be devoted to landscaping. An additional 25% of the lot area shall be devoted to open space. Open space areas may include courtyards, patios, natural open space and additional landscaping. Parking lots, buildings, exterior hallways and stairways shall not qualify as open space.

Commercial buildings located within floodplains, liquefaction or earthquake fault zones shall comply with any other site specific hydrologic, geologic and seismic conditions based on the required hydrology soils and geotechnical reports and final recommendations from the city geologist or city engineer.

The applicant shall provide appropriate graphic information and calculations on the site plan to satisfy compliance with this subsection.

Additional Square Footage. The city council shall have the authority to approve additional square footage for commercial development where the applicant has offered to the city public benefits and amenities in connection with a project subject to a development agreement authorized by Chapter 17.64. In considering a request for additional square footage, the city council shall apply one of the following guidelines:

Increase in Land Value Model. The economic value of the public benefits and amenities offered by the applicant should be at least 50% of the increase in land value attributable to the additional square footage, determined as follows: The lot area needed to build the proposed square footage is determined, using 15% F.A.R. ("needed lot area"). The actual area of the applicant's property is subtracted from the needed lot area (the result is the "imputed additional lot area"). The fair market value of the applicant's property is determined, without considering the additional square footage, and converted to a per square foot figure. The land value is multiplied by the imputed additional lot area. The result is the increase in land value.

ii.

Avoided Cost of Development Model. The economic value of the public benefits and amenities offered by the applicant should be at least 50% of the avoided site improvement costs, determined as follows: The lot area needed to build the proposed square footage is determined, using 15% F.A.R. ("needed lot area"). The actual area of the applicant's property is subtracted from the needed lot area (the result is the "imputed additional lot area"). The cost to prepare the imputed additional lot area is calculated, including such items as grading, drainage, ingress/egress/circulation, parking, landscaping, on-site utilities, design and construction management costs (but not the costs of the buildings). This sum is the applicant's avoided site improvement costs.

iii.

Increase in Total Project Value Model. The economic value of the public benefits and amenities offered by the applicant, calculated over the life of those benefits and amenities, should be at least 50% of the increase in total project value, determined as follows: The city will engage a consultant to calculate the increase in total project value over the life of the project attributable to the additional square footage, which calculation shall consider the following factors:

(A)

Annual rent is per square foot (this would vary based on the type of project);

(B)

Average occupancy over the life of the project. Cost to build/sq. ft. This is the cost for the building only (this would vary based on the type of project);

(C)

Total cost is cost per square foot (x) total square footage;

(D)

Annual debt payment at current rate percent for 30 years (this assumes 100% bank financing;

(E)

Taxes (assumes a property tax rate, including bonds and assessments);

(F)

Insurance (assumes an all risk policy in the Malibu area based on the size of the building);

(G)

Utilities and maintenance (assume a cost per square foot per year respectively);

(H)

Depreciation (assumes a 35 year schedule for the total cost of the building);

(I)

Income taxes, based on the current state and federal corporate rates (the federal rate is progressive and could change depending on the amount of net income before taxes, the state rate is proportional, not progressive);

(J)

Net income after taxes is the net profit to the landowner;

(K)

Total net profit after taxes over economic life is the net profit times 35 years.

(Prior code § 9307; Ord. 86 § 3, 1993; Ord. 93 §§ 45—48, 55, 56, 1993; Ord. 199 § 2, 1999; Ord. 209 §§ 2, 3, 2000; Ord. 393 § 6, 2015)

§ 17.40.090 Service station requirements.

The following standards shall apply to any service station development proposal in addition to all other commercial development standards set forth in this chapter.

Location. All service station sites shall front on streets designated as through streets, unless the sites are part of commercial developments such as shopping centers.

Site Size. The site of the service station shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and storage as provided in this title.

Setbacks. All buildings shall be set back from interior property lines a minimum of 18 feet and exterior property lines a minimum of 20 feet except that pump islands may be located a minimum of 20 feet from all exterior property lines, and pump island canopies may project to within 15 feet of exterior property lines.

Access. Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb.

Noise. Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residential property or property used for residential purposes.

Lighting. All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building.

Wall or Hedge. A five-foot masonry wall or hedge shall be required along all interior property lines.

Drainage. All service stations shall comply with the city's storm water runoff standards as specified as provided in Chapter 70 of the Los Angeles Building Code.

(Prior code § 9308; Ord. 86 § 3, 1993)

§ 17.40.100 Drive-up windows.

The following provisions shall apply to drive-up windows and remote tellers located on the same parcel as the principal use permitted in the commercial districts.

Design Requirements. The following shall be the minimum requirements for all drive-up windows and remote tellers.

Drive-up windows and remote tellers shall provide at least 180 feet of reservoir space for each facility, as measured from the service windows or unit to the entry point into the drive-up lane;

Entrances to drive-up lanes shall be at least 25 feet from driveways entering a public street;

Drive-up windows or remote tellers shall not be considered as justification for reducing the number of parking spaces which are otherwise required;

Any permit authorizing such facility is revocable if congestion attributable to the facility regularly occurs on public streets or within the parking lot, and the management cannot alleviate such situation.

Findings. Such facilities shall not be approved unless the city finds that:

The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property;

The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot.

(Prior code § 9309; Ord. 86 § 3, 1993)

§ 17.40.110 Institutional development standards.

All institutional development shall be subject to the following development standards:

Height.

Structures shall not exceed a maximum height of 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys, rooftop antenna, and light standards. The director may issue a development permit, pursuant to the site plan review process of this title, to allow structure height up to 28 feet for flat or pitched roofs.

Flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries may be increased up to a maximum of 35 feet pursuant to the site plan review process of this title. Roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included) if approved through a site plan review pursuant to Section 17.62.040(A).

In no event shall the maximum number of stories above grade be greater than two.

Sports field lighting shall be limited to the main sports field at Malibu High School and subject to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.

Yards/Setbacks.

Front yard setbacks shall be 10 feet from the street easement.

Side yard setbacks shall be five feet; however, when an institutional use is adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to 10% of the lot width or 10 feet, whichever is greater.

Rear yard setbacks shall be five feet; however, when an institutional use is adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to 15% of the lot depth or 15 feet, whichever is greater.

Site Development Criteria. All proposed institutional construction shall comply with the following site development standards:

Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or 15% of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general plan, where additional significant public benefits and amenities are provided as part of the project.

Landscaping and Site Permeability. Twenty-five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 17.48.050(E)(1) shall count toward the 25% requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be permeable.

Grading. Notwithstanding any other provisions of this code, grading (total cut and fill) per acre of institutional development is limited to 1,000 cubic yards as follows:

Maximum grade cut or fill: 3:1 for areas created for development of structures and open yard areas. Transition slopes may not exceed 2:1.

Exceptions. Excavation for foundations and other understructure excavation and incremental excavation for basements and safety purposes shall be excluded from grading limitations.

Determinations regarding lot widths and depths for irregularly shaped parcels, permitted driveway paths, building area and FAR, infill lots and yards shall be made by the director, consistent with all applicable Malibu Local Coastal Program policies and development standards.

(Ord. 373 § 6, 2013)

§ 17.40.120 Emergency shelters.

Purpose. The purpose of this section is to provide development standards for emergency shelters in the city of Malibu.

Applicability. The provisions of this section are applicable in the Commercial General (CG) and Institutional (I) zoning districts.

Regulations. An emergency shelter is an allowed use, subject to the issuance of an administrative plan review (per Section 17.62.030 of this title) if the facility already exists or subject to a coastal development permit, unless determined to be exempt pursuant to Section 13.4, if a new facility is proposed, subject to the following standards in each case:

Location. Emergency shelters shall be permitted only where adequate water supply and sewage disposal capabilities are available onsite as determined by the City Department of Environmental Sustainability, and shelters shall be located no further than 2,000 feet from a public transit stop.

Size Limit. The maximum number of individuals permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the shelter or one person per 125 square feet of floor area, whichever is less. In no case shall occupancy exceed 25 individuals at any one time. Total square footage of a new facility shall comply with the maximum square footage limit set forth for the underlying zoning district.

Facility Requirements.

Each occupant shall be provided a minimum of 50 square feet of personal living space, not including space for common areas.

Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2).

Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

The shelter may provide one or more of the following specific facilities and services onsite, including, but not limited to:

Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

ii.

Dining area;

iii.

Laundry room;

iv.

Recreation room;

Support services (e.g. training, counseling, etc.); and

vi.

Child care facilities.

Management. At a minimum, a shelter shall have an onsite management office, with at least one employee present at all times during which the shelter is in operation and is occupied by at least one resident.

Proximity to Other Shelters. No emergency shelter shall be located within 300 feet of another emergency shelter. The 300 foot separation shall be measured from the nearest points of the property lines on which the shelters are located.

Length of Stay. Individual occupancy in an emergency shelter is limited to six months in any 12 month period (Section 50801 of the Health and Safety Code).

Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor onsite waiting and intake areas. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area.

Staging for drop-off, intake and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard.

Shelter plans shall show the size and location of any proposed waiting or occupant intake areas, interior and exterior.

Off-Street Parking. Parking shall be provided, in accordance with Section 17.48.030 of this title.

Reviewing Authority.

Applications for emergency shelters shall be reviewed by the director or designee, if no approval is sought other than the request for the use of an existing facility. If the proposed use meets the requirements of this section and is consistent with Chapter 17.40, the director shall issue a permit.

Applications for the emergency shelter use submitted for concurrent review with another discretionary land use application (e.g. a coastal development permit to construct the facility) shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. 449 § 8, 2019)

§ 17.40.130 Single-room occupancy facilities.

The following standards shall apply to any single-room occupancy (SRO) facility development proposal in addition to all other commercial development standards set forth in this chapter. The provisions of this section are applicable in the Commercial general (CG) zoning district.

SRO units shall be for the purposes of providing affordable housing and shall not serve the purpose of recreational or travel needs.

Size / Occupancy. Minimum size of 150 square feet and maximum size of 400 square feet per SRO unit. Occupancy is a maximum of two individuals.

Laundry facilities must be provided onsite.

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. If a full bathroom is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor of the facility.

Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. If a kitchen is not provided, at least one common full kitchen shall be provided per floor of the facility.

Management. The SRO facility must provide 24 hour onsite management. The applicant shall provide a copy of the proposed rules governing the SRO facility to the city. The management will be solely responsible for the enforcement of all rules that are reviewed and approved by the reviewing authority.

Off-street Parking. Parking shall be provided in accordance with Section 17.48.030.

Facilities must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the numb of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

(Ord. 449 § 8, 2019)

§ 17.40.140 Agricultural employee housing.

The purpose of this section is to establish standards to ensure that the development of agricultural employee housing does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the city of Malibu.

The provisions of this section shall apply to commercial recreational (CR) and rural residential (RR) zones where agricultural uses are allowed. Agricultural employee housing is allowed as an accessory use in conjunction with a commercial agricultural use.

Agricultural employee housing shall be occupied only by farm employees (and their families) engaged in agricultural labor on the same parcel as the commercial agriculture use and shall not be otherwise occupied or rented.

No more than 36 beds in a group quarters or up to 12 units are allowed on an individual parcel.

At least one parking space per unit or one space per three beds, whichever is more, shall be provided.

Agricultural employee housing shall meet the applicable policies and provisions of the LCP, including the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, agricultural housing shall be located not less than 75 feet from barns, pens, or other structures that house livestock or poultry, and not less than 50 feet from any other agricultural and non-agricultural use.

Agricultural employee housing shall be sited on the flattest area of the project site, except where there is an alternative location that would be more protective of visual resources or ESHA, and shall be located as close to existing roads as feasible. Additionally, agricultural housing shall be clustered with existing development to the maximum extent feasible and minimize grading, landform alteration, and the need for construction of new roads.

The property owner shall obtain all permits and/or approvals from the City of Malibu, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. Agricultural housing shall also require a coastal development permit pursuant to the provisions of Chapter 13 of this LCP.

Prior to submittal of the permit application for agricultural employee housing, the property owner shall provide appropriate evidence to the satisfaction of the planning director of an active commercial agricultural operation. An equestrian related use is not considered evidence of commercial agriculture for agricultural employee housing.

Agricultural employee housing shall be removed from the property or converted to another permitted use that is approved through a CDP within 90 days of termination of the property's use from agricultural production.

Within 30 days after approval from the city of Malibu for agricultural employee housing, the applicant shall record in the office of the County Registrar-Recorder/County Clerk a covenant running with the land for the benefit of the city of Malibu, declaring that the agricultural employee housing will continuously be maintained as such in accordance with the LCP and that:

The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder;

The improvements required by the city of Malibu related to agricultural employee housing shall be constructed and/or installed, and continuously maintained by the applicant; and

The applicant will submit the annual verification form as required by LIP 3.6(N)(3)(M) to the planning director.

Agricultural housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the California Code of Regulations, Title 25, Division 1, Chapter 1, Sections 600 through 940, prior to occupancy of the housing units. A copy of the HCD permit shall be provided to the Planning Director within 14 days of issuance or at the time of building permit application submittal, whichever is earlier.

On an annual basis, the property owner must file a verification form with the director of the planning department stating that the commercial agricultural operation is still taking place on the property and that the tenants are employed as farm employees and thereby renew the agricultural certificate for the farm employee housing. Failure to file the verification form will be interpreted as indicating the commercial agriculture has ceased operation and may be the basis for building permit revocation.

The verification form shall be submitted annually by May 15th of each year to the planning director, or designee, in a form acceptable to the planning director, that all the dwelling units or sleeping quarters are being rented to and occupied by persons who meet the definition of an agricultural employee established in LIP 2.1 ("Agricultural employee").

(Ord. 449 § 8, 2019)