This chapter is being reserved so that current developments may submit development criteria for their area that reflect their development pattern and any homeowners association controls on improvements.
(Prior code § 9215; Ord. 86 § 3, 1993; Ord. 93 § 14, 1993; Ord. 150 § 6, 1996)
[1]
Certain properties may be subject to Covenants, Conditions & Restrictions (CC&Rs) or other regulations imposed by law or homeowners' associations. Applicants are advised to consult governing CC&Rs or local homeowners' associations prior to development.
The following development standards shall replace the property development and design standards (Section 17.40.040) for the neighborhoods listed below and identified on the zoning map. All requirements for the zoning ordinance not inconsistent with the criteria listed below shall remain in effect for those parcels in the overlay districts.
A. 
Malibu Knolls Overlay District.
1. 
Structure Size. The structure size formula in Section 17.40.040(A)(13) shall apply; however, slopes equal to 1:1 and private roads easements shall be included in the lot size calculations.
2. 
Setbacks. The following setback requirements shall replace the setback standards in Sections 17.40.040(A)(6)(a) through (c).
a. 
Front yard setbacks shall be 10 feet for garages if the slope in front yard is equal to or exceeds 3:1, and 15 feet for all other structures.
b. 
Side yard setbacks shall be five feet.
c. 
Rear yard shall be 15 feet.
3. 
Structure Height. No building or structure, including satellite dish antenna, shall exceed 24 feet for flat and 28 feet for pitched roof, as measured as a vertical line from the ground to a line parallel to the slope of the land, except for chimneys and rooftop antenna other than satellite dish antenna. Structures over 18 feet in height shall not be subject to the site plan review process as set forth in Section 17.62.040.
4. 
Ridgeline. The requirement that structures be sited 100 feet horizontally from and have a roof below the nearest ridgeline as set forth in Section 17.40.040(A)(12) shall not apply to development.
5. 
Impermeable Coverage. The impermeable coverage requirement in Section 17.40.040(A)(11) shall apply; however, slopes of equal to 1:1 and private road easements shall be included in the lot size calculations.
6. 
Site of Construction. The site of construction standard in Section 17.40.040(A)(12) shall apply; however, structures may be constructed on slopes equal to 2:1.
7. 
Hillside Residential Development. The requirements of Section 17.40.040(A)(20) of this title do not apply.
B. 
Malibu La Costa Overlay District.
1. 
Structure Size. The structure size formula in Section 17.40.040(A)(13) shall apply; however, slopes steeper than 1:1 and private road easements shall be included in the lot size calculation and on lots 13,559 square feet or less, the total development square footage shall not exceed 3,400 square feet.
2. 
Multistory Floor Area. The requirements of Section 17.40.040(A)(13)(b) shall not apply; however, the following requirement shall apply. Flat wall facades along south/ocean-facing elevations shall not extend more than 25 feet horizontally nor 20 feet vertically (excluding gable ends) without a minimum four-foot offset. Balconies which project from continuous flat wall facades shall not be considered offsets.
3. 
Setbacks. The following setback requirements shall replace the setback standards in Section 17.40.040:
a. 
Front Yard Setback. The least restrictive of the following four methods shall apply:
i. 
The average existing front setback between the two adjacent properties or, in the event that there is a vacant adjacent lot, the next contiguous property;
ii. 
The average of at least two, but not more than five, contiguous existing front setbacks along the same side of the street;
iii. 
For lots with 20% slopes (5:1) within the first 20 feet from the street, the minimum front setback for a garage shall be 10 feet from the front property line; and shall be 15 feet front property line for the residence;
iv. 
Twenty percent of the lot depth.
b. 
Side yard setback: 10% of the lot width for lots narrower than 50 feet as measured at the street and five feet on each side for lots wider than 50 feet as measured at the street.
c. 
Rear yard setback: 15 feet from the property line.
4. 
Projections Into Yards. The following requirements shall replace the standards in Sections 17.40.030(B)(1) through (7).
a. 
Architectural projections, including bay windows, oriels, eaves, awnings, louvers, sills, balconies, cornices, unroofed porches, steps, terraces, and chimneys shall not project closer than three feet to the side property lines.
b. 
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 the front and rear yard property lines and conform with the required side yard setbacks.
5. 
Structure Height. The following structure height requirements shall replace Section 17.40.040(A)(5).
a. 
Uphill properties with steep slopes (identified in type "A" on the overlay district map):
i. 
Flat roofs shall not exceed 24 feet from the top of the garage sheathing and pitched roofs shall not exceed 28 feet above natural grade;
ii. 
Garage height shall not exceed 12 feet above the garage slab.
b. 
Uphill properties with shallow slopes (identified in type "B" on the overlay district map) shall not exceed 18 feet above natural grade or above the existing building pad; whichever is less restrictive.
c. 
Downhill properties with steep slopes (identified in type "C" on the overlay district map):
i. 
Shall not exceed 18 feet as measured at the midpoint of the front setback from the property line or 14 feet at the street property line, whichever is higher;
ii. 
At no point shall the structure breach the horizontal projection of that 18 foot or 14 foot front-line;
iii. 
The maximum height at a downhill elevation shall not exceed 50 feet at the structure's midpoint above natural grade;
iv. 
The structure shall project laterally into the lot a maximum of 40 feet. Any projection past this point shall not exceed 18 feet in height above natural grade;
v. 
The average height of the structure shall not exceed 32 feet as measured according to the structure height diagram in Exhibit A attached to the ordinance codified in this chapter.
d. 
Downhill properties with shallow slopes (identified in type "D" on the overlay district map):
i. 
Shall not exceed 18 feet as measured at the midpoint of the front setback from the property line or 14 feet at the street property line, whichever is higher;
ii. 
At no point shall the structure breach the horizontal projection of the 18 feet or 14 feet front-line;
iii. 
The average height of the structure shall not exceed 28 feet, as measured according to the structure height diagram in Exhibit A attached to the ordinance codified in this chapter;
iv. 
For La Costa Mesa only, the structure shall project laterally into the lot a maximum of 50 feet, any projection past this point shall not exceed 18 feet in height above natural grade.
6. 
Ridgeline. The requirement that structures be sited 100 feet horizontally from and have a roof below the nearest ridgeline as set forth in Section 17.40.040(A)(8) shall not apply to development.
7. 
Impermeable Lot Coverage. The impermeable coverage requirement in Section 17.40.040(A)(11) shall not apply; however, all lots shall maintain 1,000 square feet of permeable surfaces.
8. 
Site of Construction. Structures may be constructed on slopes flatter than 1 1/2:1.
9. 
Retaining Walls. The requirements of Section 17.40.040(A)(9)(b) shall apply; however, the maximum wall height shall not exceed 14 feet, for retaining walls and for single cuts (grading), which are an integral part of the structure.
10. 
Basements. The following definition for basements shall apply. "Basement" means that portion of a building or structure between floors and ceiling, which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling on three sides of the structure.
11. 
Hillside Residential Development. The requirements of Section 17.40.040(A)(20) of this title do not apply.
C. 
Trancas Beach Overlay District.
1. 
Within the area designated as Area I on the Trancas Beach Overlay District Map, no structure above 30 inches will be permitted, except that a windbreak above 30 inches in height will be permitted provided that it is not more than nine feet in height and provided further that the entire area above 30 inches in height is constructed of transparent glass except for structural ribbing and topping. Any such windbreak may be L-shaped provided that the "leg" which runs parallel to the northerly line of Area I (i.e., the rear yard building set back line) is no greater in length than one-third of the width of the particular lot at that point. Any such windbreak may be roofed or unroofed.
2. 
Within the area designated as Area II on the Trancas Beach Overlay District Map, no structure above 30 inches will be permitted.
3. 
For the purposes of subdivisions 1 and 2 of this subsection, the height shall be measured from the natural grade.
D. 
Malibu Country Estates Overlay District.
1. 
Structure Size. All residences shall have a floor area of not less than 2,000 square feet. There shall be no maximum structure size limitation for a primary residence, provided the primary residence complies with all development restrictions of this overlay district. In determining the square feet contained within any residence, the space contained within covered and uncovered porches, patios or entries, balconies, garages (whether or not they are integral with the house), basements and cellars shall be excluded.
2. 
Setbacks.
a. 
Front yard setbacks shall be at least 26 feet as measured to the face of curb.
b. 
Minimum side yard setbacks shall be at least five feet and there shall be no cumulative side yard setback limitation.
c. 
Rear yard setbacks shall be at least 15 feet.
3. 
Retaining Walls. Retaining walls adjacent to and parallel with either side of a driveway shall not exceed three feet in height within the required front yard setback area.
4. 
Heights Within Required Setback Areas.
a. 
No walls, fences, or hedges in excess of six feet in height shall be allowed within the required rear and side yard setback areas.
b. 
No walls, fences, or hedges in excess of five feet in height shall be allowed within the required front yard setback areas.
5. 
Structure Height.
a. 
No building or structure shall exceed one story and 18 feet in height to the highest point on the roof, except for chimneys, for those parcels located in Area "A" of this overlay district as designated on the zoning map.
b. 
No building or structure shall exceed two stories and 28 feet in height to the highest point on the roof, except for chimneys, for those parcels located in Area "B" of this overlay district as designated on the zoning map.
c. 
No building or structure shall exceed 18 feet in height to the highest point on the roof, except for chimneys, for the portion of the structure within 34 feet of the front property line and shall not exceed two stories and 28 feet in height to the highest point on the roof for the remaining portions of the building for those parcels located in Area "C" of this overlay district as designated on the zoning map.
d. 
The reference point for structure height measurements described in subsections (D)(a), (b) and (c) of this section shall be as follows:
i. 
For an addition or remodel of an existing structure, the height shall be measured from the finished first floor except that the new structure height shall not exceed that of the existing structure at its highest point on the roof, excluding chimneys.
ii. 
For the case where no structure exists or when an existing structure is removed to rebuild or replace, the height shall be measured from the control point set forth in the chart below.
e. 
The finished first floor level of any part of any building shall not be more than three feet above the control point shown in the chart below.
f. 
The finished floor level of any garage shall not be more than eight feet below the control point set forth in the chart below.
The following schedule has been established to set a control point for each lot (which control point represents the height of the approximate center of each building pad) from which the maximum roof height and the maximum finished first floor level shall be measured. The control point for each building pad is above or below the highest point of the curb of each respective lot, as follows:
Control Point Chart
Lot No.
Number feet above or below high point of curb
Lot No.
Number feet above or below high point of curb
Lot No.
Number feet above or below high point of curb
Lot No.
Number feet above or below high point of curb
Lot No.
Number feet above or below high point of curb
Lot No.
Number feet above or below high point of curb
1
-1.6
19
-14.4
37
-3.3
55
+7.0
73
+0.6
91
-3.9
2
+14.2
20
+15.7
38
+3.1
56
+6.1
74
+0.8
92
-1.6
3
+26.7
21
+1.5
39
+24.8
57
+0.5
75
+10.8
93
-0.6
4
-20.1
22
-2.1
40
+22.9
58
+3.4
76
+15 1
94
-0.8
5
-12.9
23
-0.3
41
-0.4
59
+2.2
77
+13.8
95
+2.4
6
-3.2
24
+0.2
42
+2.6
60
+0.3
78
+1 0
96
-0.7
7
-5.0
25
-1.3
43
+0.8
61
+1.0
79
-2.1
97
-0.5
8
-5.1
26
-1.5
44
+0.7
62
+1.2
80
-13.1
98
-14.5
9
-6.6
27
-9.7
45
-14.9
63
+0.8
81
-3.3
99
-3.2
10
-6.0
28
-5.7
46
-5.2
64
+0.4
82
-4.4
100
-4.4
11
-0.6
29
+1.5
47
-2.4
65
+0.9
83
-3.3
101
-2.5
12
-1.9
30
+1.4
48
-0.6
66
+1.8
84
-0.7
102
-6.4
13
-3.9
31
+3.4
49
+0.4
67
+2.2
85
+0.4
103
-7.6
14
-1.2
32
+3.1
50
+4.3
68
+1.7
86
+1.5
104
-2.9
15
-15.2
33
+1.1
51
+4.4
69
+1.3
87
+1.3
105
+0.9
16
-11.2
34
-0.2
52
+8.3
70
+1.4
88
+1.0
106
+4.1
17
-12.4
35
+0.5
53
+3.1
71
-11.6
89
+0.7
107
-2.6
18
+4.7
36
+1.8
54
-6.4
72
-4.5
90
-0.1
 
 
Note: In the case of a corner lot, the highest point of the curb (from which the above measurement has been made) may be located on the primary or secondary street. In the case of Lot 56, the measurement has been made from the highest point of the curb on Malibu Country Drive.
The above control points for each lot are intended to represent the height of the approximate center of each-building pad as originally graded. If a subsequent certified survey indicates that the approximate center of any of the above lots as originally graded is different from the control point so designated, said control point to be used for the respective lot shall be adjusted to the correct control point.
g. 
Except for review of satellite or communication devices and antennas in accordance with Section 17.42.020(D)(13) herein, the provisions of Section 17.42.040 shall not be available to increase structure heights as set forth in this overlay district.
6. 
Site of Construction. There shall be no site of construction requirement, except for the following requirements:
a. 
All development, excluding walls and fences, shall be limited to the existing building pad.
b. 
There shall be no more than one building pad per lot.
c. 
No structure, excluding walls and fences, shall extend beyond, or be cantilevered over, any downhill slope extending from the existing building pad.
d. 
For the purposes of this overlay district, a building pad shall be defined as a single, continuous, graded area, not exceeding three percent in slope, designed to accommodate development.
7. 
Impermeable Coverage. There shall be no maximum impermeable coverage limitation. However, including any structures, impermeable surfaces shall only be permitted on the existing building pad except for the following:
a. 
A single driveway per lot not exceeding the width of the existing driveway apron, provided existing driveways are not relocated;
b. 
An uncovered parking area in front of the garage at the garage door opening, provided its width does not exceed that of the garage and does not extend more than 20 feet toward the street as measured from the garage door;
c. 
Walkways, including stairs, leading from the street to the building pad, provided such walkways do not exceed 10 feet in width; and provided, that no more than one walkway, including stairs, is permitted per lot. Corner lots may have one walkway, including stairs, from each street;
d. 
Stairs and pathways, not exceeding four feet in width, required for maintenance of slopes;
e. 
Drainage ditches and swales.
8. 
Grading.
a. 
Grading shall not be permitted except for the excavation for export of no more than 500 cubic yards for the construction of swimming pools and spas and as may be permitted pursuant to subsection (D)(8)(c) of this section.
b. 
No grading shall be permitted for the purpose of extending the existing building pad.
c. 
The following grading may be permitted pursuant to Section 17.62.040:
i. 
Grading not exceeding a maximum of 100 cubic yards total cut and fill;
ii. 
Remedial grading as defined in Section 17.62.040(A)(2).
9. 
Ridgelines. There shall be no requirement regarding the placement of structures in relation to ridgelines.
10. 
Roofs.
a. 
Flat roofs shall not exceed 20% of the total roof area. For the purposes of this section a flat roof shall include any roofs with a pitch of 8:1 or flatter or any roofs partially or completely covered by parapet walls.
b. 
Roof materials shall be limited to clay tile, concrete tile or similar material.
c. 
Roof mounted air conditioning units shall be prohibited.
11. 
Exterior Maintenance.
a. 
All facades made of stucco or wood shall be painted or stained.
b. 
All walls and fences made of stucco, iron, or wood shall be painted or stained.
12. 
Carports. Carports are prohibited.
13. 
Satellite or Communication Devices and Antennas. Satellite or communication devices and antennas which exceed one meter in diameter shall not project above rooflines and shall not be visible from public streets or sidewalks. Pursuant to the provisions of Section 17.62.040, the director may approve a location or size not strictly in conformance with this overlay district where necessary to accommodate the technical requirements of the equipment.
14. 
Hillside Residential Development. The requirements of Section 17.40.040(A)(20) of this title do not apply.
E. 
Malibu Colony Overlay District.
1. 
Height. The following height requirements shall replace Section 17.40.040(A)(5).
a. 
Beachfront Lots.
i. 
The structure shall not exceed 20 feet in height for a horizontal distance of 15 feet from the front yard setback on the landward side of the parcel.
ii. 
The structure shall not exceed 22 feet in height for the entire horizontal distance between the first floor and second floor stringlines on the seaward side of the parcel.
iii. 
The maximum structure height shall not exceed 24 feet for flat roofs, or 30 feet for pitched roofs, for the remaining building envelope. For the purposes of this section, a pitched roof shall be defined as any roof with a slope of 3:12 or steeper and a flat roof shall be defined as any roof with a slope flatter than 3:12.
b. 
Non-Beachfront Lots.
i. 
The structure shall not exceed 20 feet in height for a horizontal distance of 15 feet from the front yard setback.
ii. 
The structure shall not exceed 15 feet in height for a horizontal distance of 15 feet from the rear yard setback.
iii. 
The maximum structure height shall not exceed 24 feet for flat roofs, or 30 feet for pitched roofs, for the remaining building envelope. For the purposes of this section, a pitched roof shall be defined as any roof with a slope of 3:12 or steeper and a flat roof shall be defined as any roof with a slope flatter than 3:12.
c. 
All structure heights shall be measured from one foot above the centerline of Malibu Colony Drive to the highest point on the roof.
d. 
In no event shall the maximum number of stones above grade be greater than three.
e. 
The provisions of Section 17.62.040, shall not apply.
2. 
Setbacks. The following setback requirements shall replace Sections 17.40.040(A)(6) and (7):
a. 
Beachfront Lots.
i. 
Front: four feet as measured from the edge of the Malibu Colony Drive road easement to the wall of the structure.
ii. 
Sides. The provisions of Section 17.40.040(A)(7)(b) shall apply.
iii. 
Rear. The stringline rule as defined in Section 17.02.060 shall apply; however, separate stringlines shall be drawn for each floor for both enclosed living spaces and decks.
b. 
Non Beachfront lots.
i. 
Front: 15 feet as measured from the edge of the Malibu Colony Drive road easement to the wall of the structure.
ii. 
Sides: the provisions of Section 17.40.040(A)(6)(b) shall apply.
iii. 
Rear: 20 feet as measured from the property line to the wall of the structure.
3. 
Ridgelines. The provisions of Section 17.40.040(A)(8) shall not apply.
4. 
Development Area. The provisions of Section 17.40.040(A)(10) shall not apply.
5. 
Impermeable Coverage. The provisions of Section 17.40.040(A)(11) shall not apply.
6. 
Site of Construction. The provisions of Section 17.40.040(A)(12) shall not apply.
7. 
Structure Size. The provisions of Section 17.40.040(A)(13) shall not apply.
8. 
Neighborhood Standards. The provisions of Section 17.40.040(A)(16) shall not apply.
F. 
De Ville Way Overlay District.
1. 
Height. The following requirements shall replace the height requirements of Section 17.40.040(A)(5):
a. 
Maximum height: maximum of 24 feet for flat roofs and 28 feet for pitched roofs, as measured from the first floor finished pad, excluding basement garages. Basement garage heights shall not exceed 10 feet from the finished pad. For the purposes of this section, a pitched roof shall be defined as any roof with a slope of 3:12 or steeper and a flat roof shall be defined as any roof with a slope flatter than 3:12.
b. 
Maximum number of stories: two, excluding basement garages.
2. 
Setbacks. The following requirements shall replace the setback requirements of Section 17.40.040:
a. 
Front yard setback: a minimum of 30 feet from the property line.
b. 
Side yard setback: cumulatively, a minimum of 160 feet from the property line with a minimum of 70 feet from either side.
c. 
Rear yard setback: a minimum of 30 feet from the property line—except that up to 20% may be not less than 10 feet from the property line.
3. 
Grading. The following requirement shall replace the grading requirements in Section 17.40.040(A)(9):
Notwithstanding other provisions of this code, grading (total cut and fill) is limited to 18,000 cubic yards as follows: In conjunction with grading, so that the maximum is not greater than 18,000 cubic yards (exclusive of remedial grading) cut and fill may be allocated as follows: (i) balanced cut and fill up to 18,000 cubic yards; or (ii) export of no more than 18,000 cubic yards, or (iii) import of no more than 9,000 cubic yards, where additional grading on site does not exceed 9,000 cubic yards in conjunction with any landform alteration so that the maximum is no greater than 18,000 cubic yards; or (iv) any combination of the above that does not exceed 18,000 cubic yards.
4. 
Impermeable Lot Coverage. The following requirements shall replace the impermeable lot coverage requirements of Section 17.40.040(A)(11):
Use of permeable surfaces is encouraged, especially for driveways. However, including the primary structures, impermeable surfaces are permitted up to a maximum of 40% of the total lot area for structures, plus a maximum of 30% of the total lot area for driveways, outdoor guest parking and other hardscape (excluding any required, paved fire access road).
5. 
Structure Size. The following requirements shall replace the structure size requirements of Section 17.40.040(A)(13): The total development square footage shall not exceed 70,000 square feet.
6. 
Parking. The following requirements shall replace the parking requirements of Section 17.48.030:
A minimum of 4.2 parking spaces per unit shall be provided of which a minimum of two shall be enclosed.
7. 
Hillside Residential Development. The requirements of Section 17.40.040(A)(20) of this title do not apply.
G. 
Patriot Homes Overlay District.
1. 
Permitted Uses. Multiple-family residential uses.
2. 
Height.
a. 
Maximum height: maximum of 28 feet as measured from the finished grade of first finished floor at elevation thirty-five and one-half (35.5) feet.
b. 
Maximum number of stories: two, excluding subterranean garages.
3. 
Setbacks.
a. 
Front yard setback: a minimum of 32 feet from the property line and a maximum of 65 feet.
b. 
Side yard setback: cumulatively, a minimum of 110 feet with a minimum of eight feet from either side.
4. 
Structure Size. The total development square footage shall not exceed 26,000 square feet.
5. 
Section 17.40.040(A)(13)(b) shall not apply.
6. 
Hillside Residential Development. The requirements of Section 17.40.040(A)(20) of this title do not apply.
H. 
Malibu Bay Company Overlay District (30732 Pacific Coast Highway/APN 4469-026-005).
1. 
Public View Corridors. As a condition of approval of, and prior to issuance of a coastal development permit for subdivision of the subject property, the following restrictions shall be imposed and the applicant shall be required to demonstrate that the land owner has executed and recorded a deed restriction that reflects the following restrictions:
a. 
No less than 20% of the lineal frontage of each created parcel of the subdivision shall be maintained as one contiguous public view corridor in the location shown on Exhibit A of Ordinance No. 344. The view corridor may not be split or reconfigured.
b. 
No portion of any structure shall extend into the view corridor above the elevation of Pacific Coast Highway.
c. 
Any fencing across the view corridor shall be visually permeable, and any landscaping within the view corridor shall include only low-growing species that will not block or obscure bluewater views.
d. 
Vegetation between Pacific Coast Highway and the on-site access road that is within the public view corridors shall include only low-growing species that will not block or obscure bluewater views.
2. 
View Corridor. As a condition of approval of, and prior to issuance of a coastal development permit for subdivision of the subject property, the applicant shall be required to remove all existing obstructions between Pacific Coast Highway and the on-site access road that are within the required public view corridors, including vegetation that is over two feet in height above the elevation of Pacific Coast Highway and any fencing or gates that are not visually permeable.
3. 
Revised Dune Habitat Restoration Plan. As a condition of approval of, and prior to issuance of a coastal development permit for subdivision of the subject property, the applicant shall be required to submit, for review and approval by the city biologist, a revised "Restoration Plan for Coastal Foredunes, 30732 Pacific Coast Highway" (Read, 2005), that incorporates the following changes and additions:
a. 
All restoration plants and seeds shall consist of local genotypes. Propagules shall be collected on the project site or from elsewhere along the coast of northern Los Angeles County or southern Ventura County, as close as feasible to the project site.
b. 
The use of a temporary irrigation line system shall be omitted. Rather, restoration seeds/ plants shall be planted during the rainy season. If rainfall is not sufficient and additional irrigation is determined necessary for successful plant establishment, only hand watering may be conducted.
c. 
The planting plan shall be revised to include all disturbed dune habitat areas as identified in the dune habitat delineation contained in the "Biological Resources Assessment," by Hamilton et al., dated March 6, 2008.
d. 
A maximum of two, three-foot wide pathways through the dunes may be established within the dune restoration area, and may only be sited in the area of the existing paths per Figure 2 of the restoration plan.
e. 
Symbolic fencing (post and rope) along the two allowed pathways within the restoration area shall be installed to clearly delineate pathways from restoration areas.
f. 
The root barrier element of the restoration plan shall be omitted.
g. 
Rear yard fencing shall be installed to delineate developed/setback areas from ESHA/ restoration areas.
4. 
Dune Habitat Restoration Plan Implementation. As a condition of approval of the subdivision of the subject property, the applicant shall be required to implement the revised dune habitat restoration plan required pursuant to subsection 3. Restoration shall commence immediately after issuance of the coastal development permit. If permit issuance does not correspond with the rainy season, restoration shall commence during the next rainy season following coastal development permit issuance.
5. 
Rear Setbacks. The following rear setback requirements shall replace the rear setback standards for beachfront parcels in Section 17.40.040(A)(7)(c).
a. 
New development, including dwellings, decks, patios, etc. shall provide a rear setback that is the most landward of either: (i) the appropriate structure or deck stringline; or (ii) no less than five feet landward of the landwardmost limit of dune ESHA, which is shown on Exhibit B in Ordinance 344.
i. 
Separate stringline standards apply to dwellings and decks, as follows:
1. 
Dwellings. For a dwelling, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast dwelling. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast dwelling.
2. 
Decks and Patios. For a deck or patio, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast deck or patio. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast deck or patio.
ii. 
The variance provisions of Malibu Local Coastal Program Local Implementation Plan (LIP) Section 13.26 shall not apply to the rear setback requirements of the Malibu Bay Company Overlay District (30732 Pacific Coast Highway).
6. 
Open Space Conservation Easement. No development, as defined in Section 2.1 of the Malibu LIP, shall occur within the area of the subject property located between the landwardmost limit of ESHA and the ambulatory seawardmost limit of dune vegetation, which is generally shown on Exhibit B of Ordinance No. 344, except for dune habitat restoration, the use and maintenance of a maximum of two, three-foot wide pathways, and symbolic fencing to delineate the two pathways.
a. 
As a condition of approval of, and prior to issuance of a coastal development permit for subdivision of the subject property, the applicant shall be required to demonstrate that the land owner has executed and recorded a document in a form and content acceptable to the California Coastal Commission, irrevocably offering to dedicate (or grant an easement) to a public agency or private association approved by the California Coastal Commission, an open space conservation easement over the area described in the prior paragraph ("open space conservation easement area"), for the purpose of habitat protection. The recorded easement document shall include a formal legal description of the entire property; and a metes and bounds legal description and graphic depiction, prepared by a licensed surveyor, of the open space conservation easement area, as generally shown on Exhibit B of Ordinance No. 344. The recorded document shall reflect that no development shall occur within the open space easement area except as otherwise set forth in this permit condition. The offer shall be recorded free of prior liens and encumbrances which the Coastal Commission determines may affect the interest being conveyed.
I. 
(Reserved)
J. 
Town Center Overlay District.
1. 
La Paz Site: Parcel A. The following uses and design standards are applicable to the parcel referred to in the La Paz Development Agreement and Zoning Map as "Parcel A Post Lot Line Adjustment."
a. 
Permitted Uses. The following uses and structures are permitted within Town Center Overlay District, Parcel A:
i. 
All uses permitted within the Community Commercial zoning district;
ii. 
Post offices operated by the Federal Government;
iii. 
Offices;
iv. 
Medical offices;
v. 
On-site or offsite wastewater treatment facilities;
vi. 
Parks and playgrounds;
vii. 
Special events for public congregation or entertainment, which are temporary in nature;
viii. 
Other uses determined by the planning director to be of a similar nature to uses permitted in this district.
b. 
Prohibited Uses. The following uses are specifically prohibited:
i. 
Fast food restaurants with drive-thru facilities;
ii. 
Liquor stores (stand alone);
iii. 
Adult book stores;
iv. 
Hazardous waste facilities;
v. 
Gas stations.
c. 
Conditionally Permitted Uses. The following uses may be permitted subject to obtaining a Conditional Use Permit in accordance with the requirements of the City's Zoning Code:
i. 
Restaurants;
ii. 
Cocktail lounges, ancillary to restaurant use;
iii. 
Cultural and artistic uses (museums, galleries, and performing arts studios);
iv. 
Live entertainment scheduled to occur after 7:00 p.m. Live entertainment scheduled prior to 7:00 p.m. shall require a Temporary Use Permit;
v. 
Nursery schools and day care facilities;
vi. 
Veterinary hospitals;
vii. 
Churches, temples, mosques and other places of worship;
viii. 
Hand car washing and detailing;
ix. 
Wireless telecommunications antennae and facilities;
x. 
Emergency communication and service facilities.
d. 
Development Standards.
Maximum Floor Area Ratio (F.A.R)
0.20 cumulative maximum F.A.R. for Parcels A, B, and C
Minimum Front Yard Setback
10% of average lot depth
Minimum Rear Yard Setback
15% of average lot depth
Minimum Side Yard Setback
10% of average lot width
Minimum Side Yard Setback (Cumulative)
25% of average lot width
Maximum Building Height
32′ from finished grade for Buildings 5 and 6; 28′ from finished grade for all other buildings
Minimum On-site Landscaping
35% of cumulative lot area for Parcels A, B, and C
Minimum On-site Open Space
17% of cumulative lot area for Parcels A, B, and C
Maximum Grading
2,000 cubic yards of grading per acre excluding all exempt and remedial grading
Parking Requirements
1 space/ 250 square feet of office
1 space/ 200 square feet of retail/ restaurant – shopping center
Parking Location
Entire site and subterranean. Compact spaces permitted in accordance with existing code requirements. Shared parking permitted in accordance with LIP Section 3.12.4.
Monument Sign and General Sign Requirements
Monument signs shall be permitted in accordance with the provisions of Section 3.13.6. of the LIP with the following modifications made to the provisions of that section:
The provisions of LIP Section 3.13.6.A.7 shall not apply.
Monument signs shall be permitted up to a maximum of 48 square feet excluding the base area supporting the sign. One monument sign shall be permitted for every parcel of land that exceeds 2 acres in size.
There shall be no setback requirements from rights of way or property lines for monument signs.
Address monument signs shall be permitted up to a maximum of 16 square feet excluding the base. One address monument sign shall be permitted for every parcel of land that exceeds 2 acres in size. There shall be no setbacks required from rights of way or property lines for monument signs.
2. 
La Paz Site: Parcel B. The following uses and design standards are applicable to the parcel referred to in the La Paz Development Agreement and Zoning Map as "Parcel B Post Lot Line Adjustment."
a. 
Permitted Uses. The following uses and structures are permitted within Town Center Overlay District, Parcel B:
i. 
All uses permitted within the Community Commercial zoning district;
ii. 
Post offices operated by the Federal Government;
iii. 
Offices;
iv. 
Medical offices;
v. 
On-site or offsite wastewater treatment facilities;
vi. 
Other uses determined by the planning director to be of a similar nature to uses permitted in this district.
b. 
Prohibited Uses. The following uses are specifically prohibited:
i. 
Fast food restaurants with drive-thru facilities;
ii. 
Liquor stores (stand alone);
iii. 
Adult book stores;
iv. 
Hazardous waste facilities;
v. 
Gas stations.
c. 
Conditionally Permitted Uses. The following uses may be permitted subject to obtaining a Conditional Use Permit in accordance with the requirements of the City's Zoning Code:
i. 
Cultural and artistic uses, such as museums, galleries, and performing arts;
ii. 
Live entertainment that occurs after 7:00 p.m. Live entertainment scheduled prior to 7:00 p.m. shall require a Temporary Use Permit;
iii. 
Nursery schools and day care facilities;
iv. 
Veterinary hospitals;
v. 
Churches, temples, mosques and other places of worship;
vi. 
Hand car washing and detailing;
vii. 
Wireless telecommunications antennae and facilities;
viii. 
Emergency communication and service facilities;
ix. 
Parks and playgrounds;
x. 
Special events for public congregation or entertainment, which are temporary in nature.
d. 
Development Standards.
Average Lot Width (minimum required)
238 feet
Average Lot Depth (minimum required)
500 feet
Maximum Floor Area Ratio (F.A.R)
0.20 cumulative maximum F.A.R. for Parcels A, B, and C
Minimum Front Yard Setback
20% of average lot depth
Minimum Rear Yard Setback
15% of average lot depth
Minimum Side Yard Setback
10% of average lot width
Minimum Side Yard Setback (Cumulative)
25% of average lot width
Maximum Building Height
28 feet from finished grade
Maximum Perimeter Wall Height
10 feet from average grade
Minimum On-site Landscaping
35% of cumulative lot area for Parcels A, B, and C
Minimum On-site Open Space
17% of cumulative lot area for Parcels A, B, and C
Maximum Grading
2,500 cubic yards per acre excluding all exempt and remedial grading
Parking Requirements
1 space/250 square feet. of office
1 space/200 square feet of retail/ restaurant – shopping center
Parking Location
Entire site and subterranean. Compact spaces permitted in accordance with existing code requirements. Shared parking permitted in accordance with LIP Section 3.12.4.
Monument Sign
Monument signs shall be permitted in accordance with the provisions of Section 3.13.6. of the LIP with the following modifications made to the provisions of that section:
The provisions of LIP Section 3.13.6.A.7 shall not apply.
Monument signs shall be permitted up to a maximum of 48 square feet excluding the base area supporting the sign. One monument sign shall be permitted for every parcel of land that exceeds 2 acres in size.
There shall be no setback requirements from rights of way or property lines for monument signs.
Address monument signs shall be permitted up to a maximum of 16 square feet excluding the base. One address monument sign shall be permitted for every parcel of land that exceeds 2 acres in size. There shall be no setbacks required from rights of way or property lines for monument signs.
3. 
La Paz Site: Parcel C. The following uses and design standards are applicable to the parcel referred to in the La Paz Development Agreement and Zoning Map as "Parcel C Post Lot Line Adjustment":
a. 
Permitted Uses. The following uses and structures are permitted within Town Center Overlay District, Parcel C:
i. 
All uses permitted within the Community Commercial zoning district;
ii. 
Post offices operated by the Federal Government;
iii. 
Offices;
iv. 
Medical offices;
v. 
On-site or offsite wastewater treatment facilities;
vi. 
Community centers;
vii. 
Parks and playgrounds;
viii. 
Special events for public congregation or entertainment, which are temporary in nature;
ix. 
Other uses determined by the planning director to be of a similar nature to uses permitted in this district.
b. 
Prohibited Uses. The following uses are specifically prohibited:
i. 
Fast food restaurants with drive-thru facilities;
ii. 
Liquor stores (stand alone);
iii. 
Adult book stores;
iv. 
Hazardous waste facilities;
v. 
Gas stations.
c. 
Conditionally Permitted Uses. The following uses may be permitted subject to obtaining a Conditional Use Permit in accordance with the requirements of the City's Zoning Ordinance:
i. 
Restaurants;
ii. 
Cocktail lounges, ancillary to restaurant use;
iii. 
Cultural and artistic uses, such as museums, galleries, and performing arts studios;
iv. 
Live entertainment that occurs after 7:00 p.m. Live entertainment scheduled prior to 7:00 p.m. shall require a Temporary Use Permit;
v. 
Nursery schools and day care facilities;
vi. 
Veterinary hospitals;
vii. 
Churches, temples, mosques and other places of worship;
viii. 
Hand car washing and detailing;
ix. 
Wireless telecommunications antennae and facilities;
x. 
Emergency communication and service facilities.
d. 
Development Standards.
Minimum Lot Size
2.3 acres
Average Lot Width (minimum required)
350 feet
Average Lot Depth (minimum required)
141 feet
Maximum Floor Area Ratio (F.A.R)
0.20 cumulative max F.A.R. for Parcels A, B, and C
Minimum Front Yard Setback
10% of average lot depth
Minimum Rear Yard Setback
9% of average lot depth.
Minimum Side Yard Setback
10% of average lot width.
Minimum Side Yard Setback (Cumulative)
25% of average lot width
Maximum Building Height
28 feet from finished grade
Minimum On-site Landscaping
35% of cumulative lot area for Parcels A, B, and C
Minimum On-site Open Space
17% of cumulative lot area for Parcels A, B, and C
Maximum Grading
3,000 cubic yards per acre excluding all exempt and remedial grading.
Structures Sited on Slopes
Structures may be sited on slopes as great as, but no greater than, 1:1
Parking Requirements
Government facility/offices (1 space/250 square feet)
Council Chamber is a reciprocal/conjunctive use, no additional parking required
Parking Location
Entire site and subterranean. Compact spaces permitted in accordance with existing code requirements. Shared parking permitted in accordance with the Zoning Code.
Monument Sign
Monument signs shall be permitted in accordance with the provisions of Section 3.13.6. of the LIP with the following modifications made to the provisions of that section:
The provisions of LIP Section 3.13.6.A.7 shall not apply.
Monument signs shall be permitted up to a maximum of 48 square feet excluding the base area supporting the sign. One monument sign shall be permitted for every parcel of land that exceeds 2 acres in size.
There shall be no setback requirements from rights of way or property lines for monument signs.
Address monument signs shall be permitted up to a maximum of 16 square feet excluding the base. One address monument sign shall be permitted for every parcel of land that exceeds 2 acres in size. There shall be no setbacks required from rights of way or property lines for monument signs.
K. 
Civic Center Wastewater Treatment Facility (CCWTF) Institutional Overlay District (24000 Civic Center Way/APNs 4458-028-006 and 4458-028-020).
1. 
The provisions of this section shall only apply in the event the CCWTF overlay property is acquired by a public agency or special district and committed to use for the Civic Center wastewater treatment facility.
2. 
The institutional development standards contained in Section 17.40.110, as well as all other applicable provisions of this title, shall apply, unless specifically modified by this section.
3. 
Siting.
a. 
Environmentally Sensitive Habitat Area. The CCWTF is a necessary water supply project with incidental public service components (per LIP Section 18.10(B)). The project shall comply with applicable provisions of LIP Chapter 4, such as, but not limited to, siting the project to avoid impacts to ESHA and to provide the minimum required ESHA buffers, except as otherwise provided below:
i. 
CCWTF Treatment Plant Site. LIP Section 4.6.4(A) (Variances) shall not apply and a reduced ESHA buffer may be allowed if there is no feasible alternative for siting the development and all of the following requirements are met:
(A) 
The treatment plant facilities are sited within the previously approved and disturbed development area to the maximum extent feasible.
(B) 
The required driveway is located along the existing unpaved driveway to the maximum extent feasible.
(C) 
Any required fuel modification that encroaches into ESHA buffer is limited to thinning only.
(D) 
Any on-site pipelines and equipment that must be located within 100 feet of ESHA shall be installed under pavement or within previously disturbed areas to the maximum extent feasible.
(E) 
The square footage of reduced ESHA buffer area is offset with ESHA restoration of an area of degraded habitat equivalent to the affected area. Wetland impacts shall be mitigated with the appropriate mitigation ratio pursuant to LIP Section 4.8.2. The ESHA and/or wetland enhancement shall be incorporated into the site landscape plan reviewed and approved by the city biologist.
b. 
Native Trees. The project shall be designed to avoid impacts to protected native trees as defined in LIP Chapter 5; however, where impacts to protected native trees cannot be feasibly be avoided, impacts shall be minimized. Such impacts shall only be allowed if, as a condition of approval of a coastal development permit for the development, the applicant shall be required to: (1) implement a tree protection plan prepared in accordance with LIP Section 5.3 and approved by the city biologist for trees that will not be removed; and (2) if no feasible alternative can prevent tree removal, the applicant shall submit a native tree replacement planting program required by LIP Section 5.5.1 or if on-site mitigation is not feasible, mitigation shall be provided by either off-site mitigation or payment of an in lieu fee as required by LIP Section 5.5.2 for trees that are removed.
4. 
Height. Section 17.40.110(A)(1) shall apply except that structure height up to 28 feet shall be allowed without the requirement of a site plan review under Section 17.62.040(A).
5. 
Yards/Setbacks. Section 17.40.110(A)(2) shall apply except that the front yard setback shall be five feet.
6. 
Fencing and Walls. Section 17.40.030(A) shall apply except that the portion of fence above 42 inches within any required yard need not be open/permeable where it serves as screening for structures or equipment. Vegetative screening within or outside of required yards shall not be limited in height except where such screening would significantly obstruct public views of scenic areas. Additionally, single retaining walls within required yards may extend to a height of up to six feet, so long as such walls incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape when they are visible from a scenic highway, public viewing areas, trails, and parks.
7. 
Parking and Loading. Sections 17.48.050 and 17.48.060 shall not apply.
8. 
Grading. Section 17.40.110(A)(4) shall apply except that a single retaining wall up to a height of 12 feet shall only be allowed when stepped or terraced, and no more than six feet in height is visible from ground level, and all grading associated with access driveways shall be included in the exception from grading limitations of Section 17.40.110(A)(4)(f).
9. 
Visual Impacts/Screening. Structures and equipment shall be sited and designed to minimize visual impacts using methods including, but not limited to: locating development below ground level where possible; utilizing landscape screening to soften views of the development and allow it to blend with the surrounding environment; and incorporating design measures like walls, fencing, and building and lighting orientations that help screen site development from scenic highways, public viewing areas, trails, parks, and avoid light spill into ESHA.
L. 
Affordable Housing Overlay District.
1. 
Purpose and Applicability. The Affordable Housing Overlay (AHO) District is intended to identify sites within the city where affordable housing developments may be established and maintained in compliance with this Section. In addition to (and not as a limitation of) uses allowed within the underlying zoning district and any other applicable overlay, each property within the affordable housing overlay district may be developed with an affordable housing development, subject to the provisions set forth below.
2. 
Permitted Uses. Affordable housing development is permitted in the AHO subject to the development standards set forth in this section. Specifically, on AHO Site Number 3 (2.3 acre portion of 23465 Civic Center Way also known as the La Paz site), an affordable housing development is only permitted if the affordable housing development is either directly developed/constructed by the city, or if the city partners with an affordable housing developer; and 80% of the units are affordable for lower and moderate households, to serve as a public benefit to the city.
3. 
Standards. The residential development standards contained in Section 17.40.040 of this title, as well as all other applicable municipal code provisions, shall apply, unless specifically modified by standards detailed in this subsection L. The following special specific regulations shall apply to the AHO sites identified in Table 1 below.
a. 
Density. Affordable housing developments in the AHO shall:
i. 
Have a minimum density of 20 units per net acre.
ii. 
Have a maximum density of one dwelling unit per 1,613 square feet of lot area, including the additional density bonus pursuant to Section 17.41.1.010 of this title.
iii. 
Have a minimum of 16 dwelling units.
iv. 
For Sites 1 and 2, all units in excess of the permitted base density of six dwelling units per acre, shall be affordable to lower and moderate income households as set forth in subsection 5 of this section. A minimum of 50% of all units in excess of the six units per acre shall be deed restricted ("restricted units") as very-low or low-income multifamily dwelling units. For Site 3, 80% of the units within an affordable housing development, exclusive of a manager's unit or units, shall be affordable to lower and moderate income households as set forth in subsection 5 of this section. A minimum of 50% of the affordable units shall be deed restricted as very low- or low-income multifamily dwelling units.
Table 1 – AHO District Sites
Site Number
APNs
Address
1
4467-013-022 and 4467-013-023
28517 Pacific Coast Highway and adjacent vacant lot
2
4467-012-005
28401 Pacific Coast Highway
7
4458-022-023 and 4458-022-024
A 2.3 acre portion of 23465 Civic Center Way (La Paz Site and formerly known as 3700 La Paz Lane)
4. 
Development Standards.
a. 
Site of Construction. Structures may be constructed on slopes flatter than 1½:1.
b. 
Hillside Development. Properties within this overlay district are exempt from the hillside development standards of Section 17.40.040(A)(20) of this title.
c. 
General Guidelines. The lower-income multifamily dwelling units required under this section:
i. 
May either be rental or for-sale dwellings;
ii. 
Shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to nonrestricted units;
iii. 
May be comprised of up to 33% less square footage than market rate units of the same bedroom count;
iv. 
The construction materials and practices shall be comparable to those used for the market rate units;
v. 
The exterior grounds shall be landscaped and well maintained; and
vi. 
The units shall be disbursed throughout the project site and not clustered in a single location.
5. 
Affordability.
a. 
Rental Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record an affordable housing agreement per Section 17.41.1.020 of this title for a period of not less than 55 years.
b. 
For-Sale or Owner-Occupied Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record in the office of the Los Angeles County recorder a covenant in a form approved by the city restricting future sale prices to levels affordable to lower-income households and including procedures for verifying and maintaining compliance with income eligibility requirements for a period of not less than 55 years.
M. 
Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District. The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.
1. 
Malibu Middle and High School Campus Specific Plan. The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.
2. 
Development Standards. The institutional development standards contained in Section 17.40.110 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:
a. 
Height. Except as allowed in this section structures shall not exceed 18 feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of Section 17.62.040(A)(12), all development proposed above 18 feet in height must require a site plan review, pursuant to Sections 17.62.040 and 17.62.060 of the Malibu Municipal Code. Should a site plan review be required, the entire development above 18 feet, including all roof projections, requires the installation of story poles to ensure private view protection.
i. 
Building C: High school building shall not exceed a maximum height of 36 feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed 41 feet above finished grade.
ii. 
Building D: Middle school gym/multi-purpose room and student activities and food service structures shall not exceed a maximum height of 36 feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed 40 feet above finished grade.
iii. 
Building H: Theater/performing arts shall not exceed a maximum height of 45 feet above finished grade.
iv. 
Building J: High school gym/physical education shall not exceed a maximum height of 45 feet above finished grade.
v. 
Building L: Aquatics center/field house shall not exceed a maximum height of 28 feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
vi. 
For all other buildings, 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).
vii. 
In no event shall the maximum number of stories above grade be greater than two.
b. 
Yards/Setbacks.
i. 
Front yard setbacks shall be 10 feet from the street easement.
ii. 
Side yard setbacks shall be five feet. When 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.
iii. 
Rear yard setbacks shall be five feet; however, when 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.
c. 
Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
i. 
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.
ii. 
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) 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.
iii. 
Pool and pool deck lighting must be consistent with the Malibu Dark Sky Ordinance.
iv. 
All parking areas within the 100 foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.
d. 
Wayfinding and Informational Signage. The following describes the types of allowed signs pursuant to the MMHS Campus Specific Plan:
i. 
Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements.
ii. 
Marquee Signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.
e. 
Lighting.
i. 
All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
ii. 
Sports field lighting shall be limited to the main sports field at Malibu High School. All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
iii. 
Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
iv. 
Pool lighting shall be turned off no later than one-half hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting.
v. 
All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes 10 minutes after activation and lighting at the building entrances and driveway egress points.
f. 
Grading. The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:
Phase
Cut (cy)
Fill (cy)
Project Phase Total (cy)
1
35,200
10,400
45,600
2
5,175
-
5,175
3
25,300
14,000
39,300
4
10,000
33,350
43,350
Total
40,475
47,350
87,825
The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.
g. 
Permitted Uses in ESHA Buffer. The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection h below, so that it does not significantly disrupt the habitat values of ESHA:
i. 
ESHA and creek-related educational uses and permeable pads for viewing areas;
ii. 
Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
iii. 
Fuel modification required by the California Department of Forestry and Fire Protection;
iv. 
Exterior lighting solely for accessibility and safety purposes; and
v. 
Fences necessary for public safety, restoration, and protection of habitat.
h. 
ESHA Restoration Plan.
i. 
Habitat Restoration Plan. To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection g above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100 foot buffer from development.
As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100 foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the city biologist, a final revised Habitat Restoration Plan that shall substantially conform to the "Habitat Restoration Plan for MMHS Campus, Malibu" (PSOMAS, 2021) and "ESHA Restoration Map Nos. 1, 2, and 3" of the LIP, and incorporates the following phased restoration work:
(A) 
During Phase 1 demolition of hardscape within the 100 foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways.
(B) 
During Phase 4 demolition of developed hardscape areas within the 100 foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus.
ii. 
Habitat Restoration Plan Implementation. As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100 foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection i above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in subsections (h)(i)(1) and (h)(i)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the city biologist and reported to the executive director of the coastal commission.
(Prior code § 9216; Ord. 86 § 3, 1993; Ord. 109 § 5, 1994; Ord. 113 § 5, 1994; Ord. 120 § 4, 1994; Ord. 122 § 4, 1995; Ord. 141 § 6, 1996; Ord. 143 § 4, 1996; Ord. 150 §§ 7, 8, 1996; Ord. 246 § 3, 2003; Ord. 254 § 3, 2003; Ord. 293 § 3(C), 2006; Ord. 329 § 4(D), 2008; Ord. 344 § 5, 2010; Ord. 346 § 3, 2010; Ord. 393 § 6, 2015; Ord. 449 § 8, 2019; Ord. 491 Exh. D, 2021; Ord. 501 § 5, 2022; Ord. 509 § 6, 2023; Ord. 512 § 6, 2023)