The purpose of development permits is to review proposed developments to determine compliance with the zoning standards, consistency with the general plan, and to protect the public health, safety and welfare.
(Ord. 261 § 17, 2004)
Note: Prior code history: §§ 9420—9423 as amended by Ords. 86, 93, 111, 150 and 155.
Except as provided in Section 17.62.060 of this chapter, a development permit shall be required for all development where a conditional use permit is not required or a development project is exempt from the requirements for a coastal development permit.
(Ord. 261 § 17, 2004; Ord. 277U § 2, 2005; Ord. 279U § 1, 2005; Ord. 284 § 4, 2005; Ord. 293 § 3(E), 2006; Ord. 315 § 3, 2007)
A.
An administrative plan review shall be required for the following development projects, unless they fall under the provisions for a rebuild development permit as provided in Section 17.62.080. If the project meets the requirements of this title and is consistent with Chapter 17.40, the planning manager/director shall issue a development permit.
1.
Construction, reconstruction or addition to a building or structure 18 feet in height or less as measured from finished or natural grade, whichever results in a lower building height for a non-beachfront lot, and 28 feet in height or less for a beachfront lot;
2.
Structures constructed on slopes greater than 3:1 but less than 2 1/2:1, not located in the Malibu Country Estates Overlay District;
3.
Remedial grading not to exceed a cumulative 5,000 cubic yards per property;
4.
One driveway, provided it is designed to be the least disruptive to the natural topography and provide the most direct route to the residence;
5.
Detached accessory structures that have 200 square feet or less of floor area and do not exceed 14 feet in exterior height;
6.
Fences and walls, including, but not limited to, retaining walls consistent with Section 17.40.030(A)(4) of this code;
7.
Retaining walls over six feet, up to a maximum of 18 feet in height 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;
8.
Trellises, patio covers, and decks;
9.
Pools, spas, tennis courts/recreation courts, exterior stairs, or impervious surface(s);
10.
Landscape/hardscape plans, fuel modification and grading plans;
11.
Projects, which are determined by the planning manager/director to be similar to and likely to have no greater impacts than those projects, enumerated above; and
12.
All other projects which do not require any discretionary approvals.
B.
Application Submittal. An application shall be filed with the planning division. Applications shall be complete only after all required information is submitted; review by all appropriate city staff and specialists including review by the building official, city engineer, city biologist, city geologist, city archeologist, city coastal engineer and city environmental health specialist, as deemed necessary, is complete; and the application fee determined by resolution of the city council is paid.
C.
Action. The planning manager/director shall approve, deny, or approve with conditions an administrative plan review within 21 calendar days from the date of a complete application. These deadlines are directory and no decision shall be subject to invalidation solely on the ground that it is made after the deadline. For a project that is referred to the environmental review board (ERB), action by the planning manager/director on an administrative plan review shall occur within 60 calendar days from the date of a complete application. The applicant shall be informed of the action by letter and plans shall be stamped if the application is approved. Action of the planning manager/director shall be final.
D.
Expiration. An approved administrative plan review shall expire three years from the date of approval, unless a time extension has been granted, or work has commenced and substantial progress made (as determined by the building official) and the work is continuing under a valid building permit. If no building permit is required, the administrative plan review approval shall expire after three years from the date of final planning approval if construction is not completed. The expiration date shall be suspended until an appeal and/or litigation regarding the subject permit is resolved.
E.
Extension. The planning manager/director may grant up to four one-year extensions of the expiration of an administrative plan review approval, if the planning manager/director finds that the conditions, including, but not limited to, changes in the zoning ordinance, under which the administrative plan review approval was issued have not significantly changed.
(Ord. 261 § 17, 2004; Ord. 399 § 6C, 2009; Ord. 524U, 3/6/2025; Ord. 524, 3/12/2025)
A.
The planning manager/director may approve a site plan review after consultation with all appropriate city staff and specialists including the building official, city engineer, city biologist, city geologist, city archeologist and city coastal engineer; and where substantial evidence supports the findings set forth in subsection D of this section for new construction or reconstruction of structures authorizing the following:
1.
Construction, reconstruction or addition to a building on a non-beachfront lot resulting in height increases over the base 18 feet up to 28 feet in height for a pitched roof and 24 feet for a flat roof as measured from finished or natural grade, whichever results in a lower building height;
2.
Remedial grading within the Malibu Country Estates Overlay District necessary to maintain existing building pads and slopes and to restore a building site as constructed in the original grading plan for Tract 30134;
3.
Grading not exceeding 100 cubic yards total cut and fill within the Malibu Country Estates Overlay District;
4.
Satellite or communication devices and antennas within the Malibu Country Estates Overlay District which exceed one meter in diameter and that project above rooflines or are visible from public streets or sidewalks, where necessary to accommodate the technical requirements of the equipment;
5.
Visually non-permeable sports court fences, not exceeding 12 feet in height;
7.
Reduction of the 100 foot setback from an ESHA to no less than 50 feet;
8.
Reduction of setback and open space requirements by no more than 20%, except that front yard setbacks may be reduced by no more than 50%;
9.
Remedial grading over 5,000 cubic yards, but not exceeding a cumulative of 15,000 cubic yards per property;
11.
Exemption from the hillside development ordinance provided that it can be demonstrated that the proposed development cannot be seen from public scenic areas;
12.
For institutional development, height increases over the base district maximum of 18 feet up to a maximum of 35 feet in height for flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries where consistent with all applicable Malibu Local Coastal Program policies and development standards. 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).
13.
Non-beachfront development over 18 feet in height on a replacement structure where the previously existing structure was damaged or destroyed by a natural disaster and the replacement structure is not sited substaontially in the same location on the affected property as the damaged or destroyed structure, so long as the new location is substantially superior after considering the impact of the relocation on ESHA, visual resources, and safety; with safety being the primary consideration.
B.
Application Submittal. An application shall be filed with the planning division. Applications shall be complete only after all required information is submitted; review by all appropriate city staff and specialists including review by the building official, city engineer, city biologist, city geologist, city archeologist, city coastal engineer and city environmental health specialist, as deemed necessary, is complete; and the application fee determined by resolution of the city council is paid.
C.
Notice of Application Filing. Within 10 calendar days from the receipt date of a complete application, the planning manager/director shall notify in writing of the filing of the application to property owners and residents of all property within a 500 foot radius of the proposed project, but in no event fewer than the owners and occupants of 10 developed properties. Notwithstanding the foregoing, for property in the RR-10 and RR-20 zones the notice radius shall be 1,000 feet. The purpose of the notice is to inform the surrounding property owners and residents of the filing of the application and provide an opportunity for comment on the application prior to the planning manager/director's decision. The notice shall describe the request, provide a map showing the specific location of the property, describe the review process and timeframes, and indicate how to contact the case planner assigned to the application.
1.
For development over 18 feet in height where the replacement structure is not proposed to be sited in substantially the same location on the affected property as the damaged or destroyed structure, a notice of application shall be provided to all properties within a 1,000 foot radius of the development.
D.
Findings and Action. The planning manager/director shall approve, deny, or approve with conditions a site plan review not sooner than 21 calendar days nor later than 30 days after the date of the notice of application filing. These deadlines are directory and no decision shall be subject to invalidation solely on the ground that it was made after the deadline. For a project that is referred to the ERB, action by the planning manager/director on a site plan review shall occur within 60 calendar days after the date of notice of application filing. The planning manager/director may approve or conditionally approve the application if the application meets all of the following criteria. Site plan reviews may be referred to the planning commission at the discretion of the planning manager/director.
1.
The project is compatible with other development in the adjacent area in relation to size, bulk, and height;
2.
The project will not have a significant adverse impact on natural resources and makes suitable provisions for the preservation of natural hydrology, native plant materials, wooded areas, visually significant rock outcroppings, rough terrain, coastal bluffs and similar natural features;
3.
Remedial grading (if applicable) exceeding 5,000 cubic yards is necessary to mitigate a geotechnical hazard as identified in a certified geotechnical report prepared by a California licensed geologist and reviewed and approved by the city geologist. The remedial grading will not result in a significant adverse impact on visual or biological resources;
4.
The project does not obstruct visually impressive scenes of the Pacific Ocean, offshore islands, Santa Monica Mountains, canyons, valleys, or ravines from the main viewing area of any affected principal residence as defined in Section 17.40.040(A)(17);
5.
That the project does not affect solar access, as defined by staff;
6.
The project is consistent with the city's general plan, local coastal program, municipal code, and city standards;
7.
The proposed project complies with all applicable requirements of state and local law;
8.
A sea wall, bulkhead or other shoreline protective device (if applicable) is necessary to protect an existing structure and/or an existing or new sewage disposal system as identified in a certified coastal engineering report prepared by a California licensed engineer and reviewed and approved by the city's coastal engineer.
E.
Notice of Decision. The planning manager/director shall inform the applicant and interested parties of the action, by letter, and stamp the plans approved or denied. Action of the planning manager/director shall be final, unless appealed to the planning commission in accordance with the procedures of Section 17.04.220.
F.
Expiration. An approved site plan review shall expire three years from the date of the notice of decision letter, unless a time extension has been granted, or work has commenced and substantial progress made (as determined by the building official) and the work is continuing under a valid building permit. If no building permit is required, the site plan review approval shall expire three years from the date of the notice of decision letter if construction is not completed. The expiration date shall be suspended until an appeal and/or litigation regarding the subject permit is resolved. The planning manager/director may grant up to four one-year extensions of the expiration of a site plan review approval, if the planning manager/director finds that the conditions, including but not limited to changes in the zoning ordinance, under which the site plan review approval was issued have not significantly changed.
G.
Compliance. No certificate of occupancy shall be issued, nor any authorization to connect utilities, until final inspection has determined that the construction complies with the approved plans.
(Ord. 261 § 17, 2004; Ord. 293 § 3(D), 2006; Ord. 373 § 6, 2013; Ord. 524U, 3/6/2025; Ord. 524, 3/12/2025; Ord. 484, 4/26/2021)
A.
Projects shall be referred to the ERB for review when a project is in an Environmentally Sensitive Habitat Area (ESHA) or within 100 feet of an ESHA, and when the planning manager/director or city biologist determines a project may have the potential to significantly impact the following resources either individually or cumulatively: archaeological resources, sensitive species or habitats, parkland, geology, landform and watersheds and/or shoreline resources.
B.
If required, the ERB review process shall consist of the following steps:
1.
The ERB shall review the application and may require additional information as part of its review process.
2.
Following its review, the ERB shall make a recommendation to the planning manager/director to approve the project, approve with conditions, or deny the application.
4.
If the planning manager/director does not accept the recommendation of the ERB, the application shall be automatically referred to the planning commission.
(Ord. 261 § 17, 2004)
Except for beachfront lots or as provided in Chapter 17.42 of this code, all development projects which require a coastal development permit and which propose a structure greater than 18 feet in height shall obtain a site plan review. For purposes of this section, a site plan review may be approved or conditionally approved if the project meets all of the following criteria: (1) the project is consistent with the city's general plan and local coastal program; and (2) the portion of the project that is greater than 18 feet in height does not obstruct visually impressive scenes of the Pacific Ocean, off-shore islands, Santa Monica Mountains, canyons, valleys, or ravines from the main viewing area of any affected principal residence as defined in Section 17.40.040(A)(17) of this code. A valid and unexpired city approval that is consistent with this section shall constitute compliance with this section.
(Ord. 277U § 4, 2005; Ord. 279U § 1, 2005; Ord. 284 § 6, 2005; Ord. 315 § 3, 2007)
Any proposed hillside residential development, as defined and regulated by this title, which requires a coastal development permit shall comply with the additional regulations for hillside development set forth in Section 17.40.040(A)(20) of this title. For purposes of establishing compliance with this section, an administrative plan review may be approved or conditionally approved if the project is consistent with Section 17.40.040 (A)(20)(a) through (d) of this code. This section shall only apply to those development projects for which an application is complete on or after November 24, 2006.
(Ord. 293 § 3, 2006; Ord. 315 § 3, 2007)
A.
A rebuild development permit shall be required for the following development projects related to structures being replaced after being damaged or destroyed in a natural disaster. It shall be issued by planning manager/director upon demonstrating by a preponderance of the evidence that all requirements of the municipal code are met, as applicable.
1.
Mechanized equipment or temporary shoring on the beach necessary to construct beachfront properties so long as construction activities do not enter the intertidal zone and in no case shall extend beyond the previously existing primary development pad.
2.
An on-site wastewater treatment system (OWTS) that replaces or improves an OWTS serving a structure that that was damaged or destroyed by a natural disaster.
a.
OWTS replacements on a sandy beach or coastal bluff shall be sited the most landward feasible as determined by appropriate city staff, shall not impact existing public accessways, and shall not extend seaward of the previously existing primary development pad.
b.
OWTS replacements shall be located in the least environmentally impactful area.
3.
New seawalls, as determined necessary by the planning director or building official to protect coastal resources, that protect an OWTS serving a structure that was damaged or destroyed by a natural disaster. New seawalls shall be sited only at the boundary of OWTS that it protects. New seawalls shall not extend into any existing public access easements or public access deed restrictions, excluding any such easements or deed restrictions on the seaward side of the OWTS it protects, and shall not expand further into previously approved public view corridors or further into open space deed restrictions.
4.
Any new structure or improvement (including, but not limited to, foundation systems, utilities, driveways, water tanks, and other water storage devices) that is necessary or recommended to construct, install, or use the replacement structure described in subsection A in compliance with all applicable state and local laws and regulations.
5.
Minor improvements to existing driveways or access roads that are required by the fire department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. Accessory structures, such as retaining walls, necessary to accommodate the driveway or access road improvement shall also be allowed, including new cuts on slopes steeper than 3:1 but shall not exceed 1:1 or steeper. Retaining walls shall not exceed six feet in height for any one wall, nor 12 feet for any combination of walls (including required freeboard), and which shall be separated by at least three feet. Improvements shall not extend into a public access easement or public access deed restriction and shall not expand further into a previously approved public view corridor (except for on-grade driveways), or further into open space deed restrictions. Access improvements that do not meet the requirements of this subsection may be processed as an administrative coastal development permit or as a regular coastal development permit as listed in the Malibu LIP.
B.
Application Submittal. An application shall be filed with the planning division and may be part of the planning verification application for replacement structures that were damaged or destroyed by a natural disaster. Applications shall be complete only after all required information is submitted; review by all appropriate city staff and specialists including review by the building official, city engineer, city biologist, city geologist, city archeologist, city coastal engineer and city environmental health specialist, as deemed necessary, is complete; and the application fee determined by resolution of the city council is paid.
C.
Action. The planning manager/director shall approve, deny, or approve with conditions a rebuild development permit within 15 calendar days from the date of a complete application. Complete application determinations shall be determined solely by the city. The city may include incomplete/or nonconforming plans as a basis for an incomplete application in addition to standard application requirements. No decision shall be subject to invalidation on the grounds that it is made after the deadline. The applicant shall be informed of the action by letter and/or approved plans. Action of the planning manager/director shall be final and not appealable.
D.
Expiration. An approved rebuild development permit shall expire three years from the date of final approval, unless a time extension has been granted, or work has commenced and substantial progress made (as determined by the building official) and the work is continuing under a valid building permit. If no building permit is required, the rebuild development permit approval shall expire after three years from the date of final planning approval if construction is not completed. If a rebuild development permit is included within a planning verification application pursuant to Section 17.60.020(C), then the rebuild development permit shall expire when the planning verification expires.
E.
Extension. The planning manager/director may grant up to four one-year extensions of the expiration of a rebuild development permit approval, if the planning manager/director finds, Based on substantial evidence, that due to unusual circumstances, strict compliance with the expiration date of the permit would create an undue hardship for the applicant.
(Ord. 524U, 3/6/2025, Ord. 524, 3/12/2025)