Agenda packet, second session — Malibu City Council, September 11, 2023 (part 2 of 2)

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share vehicle does not include vehicles used as part of ride-hailing companies such as Uber or Lyft.

COMPLETE INDEPENDENT LIVING FACILITIES - permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

JUNIOR ACCESSORY DWELLING UNIT - a residential unit that

1. is no more than 500 square feet in size;

2. is contained entirely within an existing or proposed single-family structure;

3. has a separate exterior entrance;

4. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

5. includes an efficiency kitchen.

KITCHEN, INCLUDING AN EFFICIENCY KITCHEN - an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains each of the following:

1. A cooking facility with appliances including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills or similar appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space.

PASSAGEWAY - a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

PUBLIC TRANSIT - a location, including, but not limited to, a bus stop, where the public may access buses and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

TANDEM PARKING - two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

VERY HIGH FIRE HAZARD SEVERITY ZONE - a zone as defined in Government Code 51177 and designated by Ordinance 299.

WET BAR - a single sink and refrigerator no greater than 5 cubic feet in size with cabinets and/or counter top area not exceeding 6 lineal feet. A wet bar shall not include a refrigerator in excess of 5 cubic feet in size or a kitchen sink greater than 2 square feet in size, or a gas or electric range, stove top and/or oven (but may include a microwave oven).

B. Amend ‘LIVING AREA” and “MULTI-FAMILY RESIDENCE” definitions contained in LIP Section 2.1 (Definitions) to read as follows:
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LIVING AREA - the interior habitable area of a dwelling unit, including finished basements or attics but does not include unfinished basements or attics, rooms with floor to ceiling heights less than 6 feet, garages or accessory structures.

MULTI-FAMILY RESIDENCE - a building or portion thereof used for occupancy by two or more families living independently of each other and containing two or more dwelling units.

This does not apply to a primary residence and an ADU or guest house on the same parcel.

C. Delete “ KITCHEN” and “SECOND UNIT” definitions contained in LIP Section 2.1 (Definitions).

D. Amend LIP 3.3(Q)(2)(a), to read as follows:
a. Lot Nos. 1—5
i. One single-family residence per lot.
ii. Accessory uses guest house in accordance with Section 3.6(N)(1), garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private non-illuminated sports courts, noncommercial greenhouses, gated driveways, workshops, gyms, home studios, home offices, and reasonably similar uses normally associated with a single-family residence, as determined by the Planning Director). iii. Accessory dwelling units in accordance with Section 3.10. iv. Domestic animals, kept as pets.
v. Landscaping.

E. Amend LIP 3.3(Q)(4)(a)(vi), to read as follows
vi. Parking (In addition to the parking standards of LIP Section 3.14) a) Two enclosed and two unenclosed parking spaces. The minimum size for a residential parking space shall be 18 feet long by 10 feet wide. b) For a guest house see Section 3.6(N)(1)(d).
c) For an accessory dwelling unit see Section 3.10.

F. Amend LIP 3.6(D) to read as follows:

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

1. For a single-family residence, not less than 800 square feet, exclusive of any appurtenant structures. This minimum does not apply to accessory dwelling units.

2. For each multi-family dwelling unit, not less than 750 square feet, exclusive of any appurtenant structures. This minimum does not apply to accessory dwelling units.

G. Amend LIP 3.6(K)(2) to read as follows:
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2. Multistory or Single Floor Area, Structures Greater Than Eighteen (18) Feet in Height.

Notwithstanding any other provision of this chapter, the total development square footage for a structure greater than eighteen (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 eighteen (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.

H. Amend LIP 3.6(N), to read as follows:

N. Accessory Structures. Accessory structures identified as being permitted within any zone may be established only if they are clearly accessory to a primary permitted or conditionally permitted use established concurrent with or prior to establishment of accessory use.

1. Guest houses
a. Development of a guest house, as defined in Section 2.1, shall require that a primary dwelling unit be developed on the same lot prior to or concurrent with the guest house. b. Only one guest house is allowed per lot. Guest houses are not allowed on properties with an accessory dwelling unit.
c. Development Standards
i) Siting. Any permitted guest house shall be located within the approved development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification. All guest houses must comply with residential development standards in Section 3.6.
ii) Maximum Size. The maximum square footage of a guest house shall not exceed 900 square feet. The maximum square footage shall include interior and exterior walls, basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage provided as part of the guest house, exterior decks, covered patios or overhangs that are attached to the structure shall not be included in the 900 square foot limit. The maximum square footage of a guest house, garage and other attached structures that are otherwise considered total development square footage shall be included in the overall total development square footage for the lot.
iii) A 10-foot separation between the guest house and any other structure shall be maintained if the parcel is within a Very High Fire Hazard Severity Zone. 21 Ordinance No. 510

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d. Parking
i) A minimum of one off-street enclosed or unenclosed parking space shall be provided for the exclusive use of a guest house.
ii) One garage not to exceed 400 square feet in size may be permitted as part of a guest house.

I. Add LIP Section 3.10 (Accessory Dwelling Units) to read as follow:

3.10. ACCESSORY DWELLING UNITS
Accessory Dwelling Units - The following regulations shall apply to accessory dwelling units (ADUs) approved under this section.

A. Purpose. The purpose of this section is to allow and regulate ADUs in compliance with California Government Code Sections 65852.2 and 65852.22. Because the City of Malibu lies entirely within the Coastal Zone, every ADU application in the City will be subject to an analysis for compliance with the Local Coastal Program (LCP) and Coastal Act. State law is explicit about the Coastal Act not being preempted by the State’s ADU statute (Government Code Section 65852.2, subdivision (j).) The entire City of Malibu is located in a designated “Very High Fire Hazard Severity Zone”, and this section ensures that ADUs are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the LCP are met.

B. Effect of Conforming. An ADU that conforms to the standards in this section will be:

1. Deemed to be consistent with the City’s General Plan and zoning designation for the lot on which the ADU is located.

2. Deemed not to exceed the allowable density for the lot on which the ADU is located.

3. Considered not to be subject to the application of any local ordinance, policy, or program to limit residential growth.

4. Permitted to maintain a nonconforming zoning condition. For purposes of this paragraph

3.10 B.4, “nonconforming zoning condition” means physical improvement on a property that does not conform with current zoning standards. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.1
C. Definitions. Definition of terms used in this Section can be found at Section 2.1 – General Definitions.
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D. Areas Permitted. ADUs shall be allowed on lots zoned to allow single-family or multifamily dwelling residential use. These areas include Rural Residential (RR), Single Family (SF), Multi-Family (MF), Multi-Family Beach Front (MFBF), and areas designated for single family residential use as part of a Planned Development (PD) zone.

E. Minimum Street Width Requirement. Since the entire City is located within is located in a designated “Very High Fire Hazard Severity Zone” and consistent with Los Angeles County Fire Department requirements to ensure adequate ingress and egress for fire safety a minimum street width of 20 feet shall be required.

F. Coastal Development Permit required.

1. An administrative coastal development permit (ACDP) issued in accordance with Section

13.31 shall be required for all detached and attached ADUs and ADUs located inside an existing accessory building including when a legally established accessory structure is demolished and is replaced with a new structure for the purposes of creating an ADU.

2. An ADU or JADU created from habitable space and located entirely within an existing single-family residence that does not change the building envelope is not considered development and does not require an ACDP. Unfinished basements or attics, rooms with floor to ceiling heights less than 6 feet, and garages would not be considered habitable space.

3. Detached ADUs on a multifamily zoned property shall require an ACDP. An ADU located inside of a multifamily dwelling and ADUs attached to a multifamily dwelling is not allowed.

4. The City may charge a fee to reimburse it for costs incurred in processing ACDP permits, including the costs of adopting or amending the City’s ADU ordinance. The ACDP permit processing fee is determined by the City Council by resolution.

G. General Requirements. The following general requirements apply to all ADUs:

1. Zoning. A detached ADU shall be located within the required development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification.

2. Fire Sprinklers. Fire sprinklers are required in an ADU.

3. Rental Term. An ADU may not be rented for a term that is shorter than 30 days.

4. Rental Rate Reporting. To facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, and to allow ADUs to count towards the City’s Regional Housing Needs Assessment (RHNA) requirements, within 90 days after each yearly anniversary of the issuance of the building permit, the owner shall report the actual rent charged for the ADU during the prior year. 23 Ordinance No. 510

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5. No Separate Conveyance. An ADU may be rented, but no ADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

6. Septic System. If the ADU is required to connect to an onsite wastewater treatment system, the owner must include a percolation test completed within the last five years with the ADU application or, if the percolation test has been recertified, within the last 10 years. The ADU shall comply with all applicable requirements for wastewater treatment systems.

7. Deed Restriction. Prior to issuance of a building permit for an ADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. The ADU may not be sold separately from the primary dwelling. b. The ADU must remain an ADU unless City approval is obtained to convert the structure to a different accessory structure.
c. An ADU created cannot be rented for less than 30 days. d. The ADU is restricted to the approved size.
e. The deed restriction runs with the land and may be enforced against future property owners. f. The deed restriction may be removed if the owner eliminates the ADU as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of the LCP. If the ADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this LCP. g. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU in violation of the recorded restrictions or abatement of the illegal unit.

H. ADU Development Standards. The following development standards apply to ADUs. All requirements of the Malibu LIP that are consistent with the criteria listed below shall remain in effect. If there is a conflict between the standards of this Section 3.10(G) and standards that protect coastal resources, the requirements which are most protective of coastal resources shall prevail.
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1. Size.
a. The minimum square footage of an ADU shall be 400 square feet and the maximum square footage of an ADU shall be 1,200 square feet. The maximum square footage shall include interior and exterior walls, basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. For purposes of TDSF, the size of an ADU shall be consistent with 3.6(K). The area of a garage (400 square feet maximum) provided as part of accessory dwelling unit and exterior decks or overhangs that are attached to the structure shall not be included in the 1,200 square foot limit. The maximum square footage of the ADU, garage, and other attached structures that are otherwise considered total development square footage shall be included in the overall total development square footage for the lot.
b. An ADU that is attached to the primary dwelling is limited to 50 percent of the living area of the existing primary dwelling or 1,200 square feet, whichever is less. c. Application of TDSF, impermeable coverage, and other development standards may further limit the size of the ADU.
d. The maximum size of an ADU in a converted existing detached accessory structure or primary dwelling shall not exceed the size limits provided in the other paragraphs of this subsection G(1).

2. Height
a. No ADU may exceed 16 feet in height above grade as measured from existing or finished grade, whichever results in the lower building height.
b. Pursuant to Section 13.27 of the Malibu LIP (Site Plan Review), the Director may allow heights up to 24 feet. In no event shall the maximum number of stories above grade be greater than two. c. When a legally established accessory structure is demolished and replaced with a new structure for the purposes of creating an ADU, the replacement structure may not exceed 18 feet in height.

3. Setbacks.
a. All ADUs remain subject to the setback standards in Section 3.6(F) and (G), as applicable including when a legally established accessory structure is demolished and is replaced with a new structure for the purposes of creating an ADU.
b. Pursuant to Section 13.27 of the Malibu LIP, the Director may grant minor modification permits to reduce setback requirements.

4. Passageway. No passageway, as defined in Section 2.1, is required for an ADU. 25 Ordinance No. 510

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5. Parking.
a. One off-street parking space is required for each ADU. The parking space may be enclosed or unenclosed. Unenclosed parking spaces may be provided in setback areas or as tandem parking, as defined in Section 2.1, except where it is not feasible based on specific site topographic or fire and life safety conditions, and where it would violate an ESHA protection or scenic view corridor requirement.
b. An ADU may include a garage not to exceed four hundred (400) square feet. c. For a garage, carport, or covered parking structure that is converted to an ADU, onsite replacement parking spaces shall be required that comply with the minimum number of spaces and dimensions stated in LIP 3.14.3.

6. An attached ADU shall not be connected internally to the main residence. A detached ADU shall not be connected internally to any accessory structure except for a garage which serves the ADU.

J. Amend LIP 13.4.1(A) to read as follows:

A. Improvements to existing single-family residences except as noted below in (B). For purposes of this section, the terms “Improvements to existing single-family residences” includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory dwelling units.

K. Amend LIP 13.11(A) to read as follows:

A. At least one public hearing shall be required on all appealable development as defined in Chapter 2 of the Malibu LIP (Definitions), except for accessory dwelling units, in accordance with Section 3.10 unless the accessory dwelling unit is developed concurrent with a new singlefamily dwelling.

1. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 13.12 of the Malibu LIP. The public hearing may be conducted in accordance with existing City procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

2. If a decision on a development permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Section 13.12 of the Malibu LIP, or (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same 26 Ordinance No. 510

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manner, and within the same time limits as established in Section 13565 of the California Code of Regulations.

L. Amend LIP 13.11(B) to read as follows:

B. Any person may submit written comments to the Planning Director on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. Written comments shall be submitted to the Planning Director who shall forward them to the appropriate person, commission, board or the Council and to the applicant.

M. Amend LIP Section 13.13.1 to read as follows:

A. The Planning Director may process consistent with the procedures in this Chapter any coastal development permit application for the specific uses identified below, except a proposed coastal development permit that is appealable or is within the Commission’s continuing jurisdiction as defined in Chapter 2 of the Malibu LIP (Definitions).

1. Improvements to any existing structure;

2. Any single-family dwelling;

3. Lot mergers;

4. Any development of four dwelling units or less that does not require demolition, and any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land;

5. Water wells.

B. Notwithstanding any other provisions of the LCP, accessory dwelling units created in accordance with Section 3.10 shall be processed as administrative permits, The approval of such permits shall be appealable to the Coastal Commission if the project is located in the appealable zone.

N. Amend Appendix 1-LIP Table B (Permitted Uses) to make the following modifications within columns as indicated, together with an additional footnote. All other portions of Table B shall remain unaffected.

USE RR SF MF MFBF MHR CR BPO CN CC CV1CV2CG OS I PRF RVP

RESIDENTIAL
Accessory dwelling units A22 A22 A22 A22 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ Accessory uses (guest house, garages,
barns, pool houses, pools, spas, gazebos,
storage sheds, greenhouses (noncommercial), sports courts (nonilluminated), corrals (non-commercial), and similar uses)
A1 A1 A1 A1 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Notes:

22. Subject to Accessory Development Standards (Section 3.10). 27 Ordinance No. 510

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SECTION 6. Zoning Text Amendment No. 18-004, Amendments to the Malibu Municipal Code (MMC).

The City Council hereby amends Title 17 - Zoning in the MMC as follows:

A. Add new definitions inserted in alphabetical order to 17.02.060 (Definitions) to read as follows:
“Kitchen” means an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains each of the following:

1. A cooking facility with appliances including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills or similar appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space “Wet Bar” means a single sink and refrigerator no greater than 5 cubic feet in size with cabinets and/or counter top area not exceeding 6 lineal feet. A wet bar shall not include a refrigerator in excess of 5 cubic feet in size or a kitchen sink greater than 2 square feet in size, or a gas or electric range, stove top and/or oven (but may include a microwave oven).

B. Amend ‘LIVING AREA” and “MULTI-FAMILY RESIDENCE” definitions contained in

17.02.060 (Definitions) to read as follows:

LIVING AREA - the interior habitable area of a dwelling unit, including finished basements or attics but does not include unfinished basements or attics, rooms with floor to ceiling heights less than 6 feet, garages or accessory structures.

MULTI-FAMILY RESIDENCE - a building or portion thereof used for occupancy by two or more families living independently of each other and containing two or more dwelling units.

This does not apply to a primary residence and an ADU or guest house on the same parcel.

C. Delete “ KITCHEN” and “SECOND UNIT” definitions contained in 17.02.060 (Definitions).

D. Amend Section 17.08.020(C)(1) to read as follows

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, guest houses in accordance with Section 17.40.040(A)(21), detached garages, barns, pool houses, gazebos, storage sheds, and greenhouses (noncommercial), E. Amend Section 17.08.020(F) to read as follows:
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F. Accessory dwelling units in accordance with Chapter 17.44; F. Amend Section 17.10.020(C)(1) to read as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, detached garages, barns, pool houses, gazebos, storage sheds, guest houses in accordance with Section 17.40.040(A)(21), and greenhouses (noncommercial), G. Amend Section 17.10.020(E) to read as follows:

E. Accessory dwelling units in accordance with Chapter 17.44; H. Amend Section 17.12.020(C)(1) to read as follows:

E. Accessory dwelling units in accordance with Chapter 17.44; J. Amend Section 17.14.020(C)(1) to read as follows:

E. Accessory dwelling units in accordance with Chapter 17.44; L. Amend Section 17.39.020(A) to read as follows:

A. Lot Nos. 1—5.

1. One single-family residence per lot.

2. Accessory uses (guest house in accordance with Section 17.40.040(A)(21), garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private non-illuminated sports courts, noncommercial greenhouses, gated driveways, workshops, gyms, home studios, home offices, and reasonably similar uses normally associated with a single-family residence, as determined by the planning director).

3. Accessory dwelling units in accordance with Chapter 17.44.

4. Domestic animals, kept as pets.

5. Landscaping.
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M. Amend Section 17.39.040(A)(6) to read as follows:

6. Parking (In addition to the parking standards of Section 17.40.040. a. Two enclosed and two unenclosed parking spaces. The minimum size for a residential parking space shall be eighteen (18) feet long by ten (10) feet wide. b. For a guest house see Section 17.40.040(A)(21).
c. For an accessory dwelling unit see Chapter 17.44.

N. Add Section 17.40.040(21) to read as follows:

21. Guest Houses
a. Development of a guest house shall require that a primary dwelling unit be developed on the lot prior to or concurrent with the guest house. b. Only one guest house is allowed per lot. Guest houses are not allowed on properties with an attached or detached accessory dwelling unit.
c. Development Standards

1.Siting. Any permitted guest house shall be located within the approved development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification. All guest houses must comply with residential development standards in Section 17.40.040.

2.Maximum Size. The maximum square footage of a guest house shall not exceed 900 square feet. The maximum square footage shall include interior and exterior walls, basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage provided as part of the guest house, exterior decks, covered patios, or overhangs that are attached to the structure shall not be included in the 900 square foot limit. The maximum square footage of a guest house, garage, and any other attached structures that are otherwise considered total development square footage shall be included in the overall total development square footage for the lot.

3. A 10-foot separation between the guest house and any other structure shall be maintained if the parcel is within a Very High Fire Hazard Severity Zone. d. Parking

1. A minimum of one onsite enclosed or unenclosed parking space shall be provided for the exclusive use of a guest house.
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2. One garage, attached and solely used for the guest house not to exceed 400 square feet in size may be permitted as part of a guest house.

O. Amend Section 17.45.030 (Q) to revise the following definition Q. “Principal residence” and “principal residential structure” mean the primary residential structure located on a lot. Guest houses accessory dwelling units and junior accessory dwelling units are not principal residences or principal residential structures.

P. Amend Appendix 1 (Permitted Use Table) to make the following modifications within columns as indicated, together with an additional footnote. All other portions of the Permitted Use Table shall remain unaffected.

USE RR SF MF MFBF MHR CR BPO CN CC CV1CV2CG OS I PRF RVP

RESIDENTIAL
Accessory dwelling units A33 A33 A33 A33 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ Accessory uses (guest house, garages,
barns, pool houses, pools, spas, gazebos,
storage sheds, greenhouses (noncommercial), sports courts (nonilluminated), corrals (non-commercial), and similar uses)
A1 A1 A1 A1 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Notes:

33. Subject to Accessory Development Standards (Chapter 17.44).

SECTION 7. Effective Date.

In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption, except for the amendment to the Local Coastal Program. The LCPA is subject to certification by the California Coastal Commission and shall become effective after certification.

SECTION 8. Severability.

Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality or the remaining portions of this Ordinance; it being hereby expressly declared and this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phases be declared invalid or unconstitutional. 31 Ordinance No. 510

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SECTION 9. Certification.

The City Clerk shall certify to the passage and adoption of this Ordinance.

PASSED, APPROVED, and ADOPTED this 11th day of September 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
32 Exhibit 3
ORDINANCE NO. 511

AN ORDINANCE OF THE CITY OF MALIBU APPROVING ZONING TEXT AMENDMENT NO. 18-004 AN AMENDMENT TO TITLE 17 (ZONING) OF

THE MALIBU MUNICIPAL CODE TO UPDATE ACCESSORY DWELLING

UNIT REGULATIONS AND DETERMINING THE AMENDMENTS ARE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows.

SECTION 1. Recitals.

A. On June 11, 2018, the City Council adopted Resolution No. 18-28 to: 1) initiate Local Coastal Program (LCP) Amendment No. 18-002 and Zoning Text Amendment (ZTA) No. 18-004, to update accessory dwelling unit regulations consistent with State law, and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

B. On July 17, 2018, the Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) met to discuss the proposed amendments to the MMC and LCP and recommended that the City’s existing second unit regulations be updated consistent with Accessory Dwelling Unit State law.

C. On August 9, 2018, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

D. On August 30, 2018, a Notice of Availability of LCPA Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

E. On September 4, 2018, the Planning Commission held a duly noticed public hearing to discuss new accessory dwelling unit (ADU) laws. The Planning Commission provided direction to staff and requested additional information. The Planning Commission also found that ADUs may provide units that can be utilized to meet the City’s Regional Housing Needs Allocation (RHNA) and recommended that short-term rentals be prohibited in accessory dwelling units.

F. Between October 2018 and February 2020, the proposed amendments were noticed to be considered by the Planning Commission, however, the hearings were rescheduled.

G. On March 16, 2020, due to the COVID-19 pandemic, all public hearings scheduled for the March 16, 2020 Regular Planning Commission were continued to the April 6, 2020 Regular Planning Commission meeting.

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
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I. On May 20, 2021, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments. The Planning Commission provided direction to staff and requested additional information.

J. On December 6, 2021, the Planning Commission continued the public hearing to the January 18, 2022 Regular Planning Commission meeting.

K. On January 18, 2022, the Planning Commission continued the public hearing to the March 7, 2022 Regular Planning Commission meeting.

L. On March 7, 2022, the Planning Commission continued the public hearing to a date uncertain. The Planning Commission provided direction to staff and requested additional studies and referrals.

M. On August 22, 2022, the City Council discussed the additional studies and referrals requested by the Planning Commission and directed staff to 1) minimize changes to the Local Coastal Program by utilizing most of the existing second unit regulations, which currently protect coastal resources and public access, to revise the proposed ADU ordinance, and 2) refer the item back to the Planning Commission without the requested studies or referrals since they wouldn’t be needed at this time if the City utilizes current second unit regulations in the ADU ordinance.

N. On March 6, 2023, the Planning Commission continued the public hearing to a March 14, 2023, Special Planning Commission meeting.

O. On March 14, 2023, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record and recommended approval of the amendments with some modifications.

P. On August 3, 2023, a Notice of City Council Public Hearing and Notice of Availability of LCP Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

Q. On August 28, 2023, before consideration of the item, the public hearing was continued to September 11, 2023.

R. On September 11, 2023, the City Council held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record.

SECTION 2. Environmental Review.
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Pursuant to Public Resources Code Section 21080.9, California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application is for an amendment to the LCP, which must be certified by the California Coastal Commission (CCC) before it takes effect. LCP Local Implementation Plan (LIP) Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

In addition, the project is exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating construction of second units and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones.

Furthermore, the City Council has analyzed the proposed amendments. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 1 5061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council determined that the proposed amendments are required by State law and will not result in changes from existing development standards, such as density limits and environmental resource protection standards; consequently, there is no possibility the amendment will have a significant effect on the environment and accordingly, and the exemption set forth in Section 15061(b)(3) applies.

SECTION 3. Zoning Text Amendment Findings.

Pursuant to Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:

A. The subject zoning text amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

B. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan, Malibu Municipal Code and the Malibu Local Coastal Program, and finds that the zoning text amendment is consistent and recommends approval.

SECTION 4. Zoning Text Amendment No. 12-002, Amendments to the Malibu Municipal Code (MMC).
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The City Council hereby amends Title 17 - Zoning in the MMC as follows:

O. Add Chapter 17.44 (Accessory Dwelling Units) to read as follows:

17.44.010 Title.

This chapter shall be known as the “Malibu Accessory Dwelling Unit Ordinance.”

17.44.020 Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and Junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. The entire the City of Malibu is located in a designated “Very High Fire Hazard Severity Zone”, and this chapter ensures that ADUs and JADUs are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the General Plan are observed.

17.44.030 Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will be:

A. Deemed to be consistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed not to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered not to be subject to the application of any local ordinance, policy, or program to limit residential growth.

D. Permitted to maintain a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.1. For purposes of this chapter, “nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

17.44.040 Definitions.
“Accessory Dwelling Unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code and the California Building Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. 36 Ordinance No. 511

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“Junior Accessory Dwelling Unit” means a residential unit that

1. is no more than 500 square feet in size;

2. is contained entirely within an existing or proposed single-family structure; an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;

3. has an independent exterior entrance, apart from that of the primary dwelling;

4. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

5. includes an efficiency kitchen.
“Efficiency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit or junior accessory dwelling unit. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop, where the public may access buses and other forms of transportation that charges set fares, run on fixed routes, and available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
“Very High Fire Hazard Severity Zone” means zone as defined by Government Code 51177 and designated by Ordinance 299.

17.44.050 Permitted Locations.

A. ADUS and JADUs under Section 17.44.060(A) shall be allowed on lots that are in a residential or mixed-use zone.

B. ADUs under Section 17.44.060(B) shall be allowed on lots zoned to allow single-family or multi-family dwelling residential use. These zones include Rural Residential (RR), Single 37 Ordinance No. 511

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Family (SF), Multi-Family (MF), Multi-Family Beach Front (MFBF), and Planned Development (PD).

C. Areas with Adequate Ingress and Egress. Since the entire City is located within is located in a designated “Very High Fire Hazard Severity Zone,” consistent with Los Angeles County Fire Department requirements to ensure adequate ingress and egress for fire safety, a minimum street width of 20 feet shall be required. ADUs are not allowed on parcels that do not have ingress and egress to a street at least 20 feet in width.

D. Multifamily Lots. ADUs are allowed on multifamily lots pursuant to 17.44.060 A.3 and A.4. New attached ADUs are not allowed.

17.44.060 Approvals.

The following approvals apply to ADUs and JADUs developed under this Chapter. Because the City of Malibu lies entirely within the Coastal Zone, every ADU application in the City is subject to an analysis for compliance with the Local Coastal Program (LCP) and Coastal Act before it is reviewed for compliance with this Chapter. If an application for an ADU is not subject to the LCP, then this Chapter governs. State law is explicit about the Coastal Act not being preempted by the State’s ADU statute (Government Code Section 65852.2, subdivision (l).

A. Building-Permit Only. If an ADU or JADU complies with each of the general requirements in section 17.44.080 below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single-family Lot: One ADU as described in this subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code Section 65852.22.

2. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. 38 Ordinance No. 511

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b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 17.44.090 (B) below.

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (A) (3) at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a.The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b.The peak height above grade does not exceed the applicable height limit provided in subsection 17.44.090 (B) below.

B. Administrative Plan Review Permit (APR)

1. Except as allowed under subsection 17.44.060 (A), no ADU may be created without a building permit and an APR permit in compliance with the standards set forth in Sections 17.44.080 and 17.44.090.

2. The City may charge a fee to reimburse it for costs incurred in processing APR permits, including the costs of adopting or amending the City’s ADU ordinance. The APR permit processing fee is determined by the City Council by resolution.

17.44.070 Process and Timing.

A. An APR is considered and approved ministerially by the Planning Director without discretionary review or a hearing.

B. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application, unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
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2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

C. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (B) above.

D. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.44.080 General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.44.060.

A. Rental Term. An ADU or JADU may not be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

B. Rental Rate Reporting. To facilitate the City’s obligation to identify adequate sites in accordance with Government Code Sections 65583.1 and 65852.2, and to allow ADUs to count towards the City’s Regional Housing Needs Assessment (RHNA) requirements, within 90 days after each January 1 following issuance of the building permit, the owner shall report the actual rent charged for the ADU or JADU during the prior year.

C. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

D. Septic System. If the ADU or JADU will connect to an onsite water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

E. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
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F. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

2. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

3. As required by State law, all JADUs are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

G. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852,26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU must remain an ADU unless City approval is obtained to convert the structure to a different accessory structure.

3. An ADU or JADU created cannot be rented for less than 30 days.

4. The ADU or JADU is restricted to the approved size.

5. The JADU must be reconverted to be part of the primary residence if the owner does not reside on the property.

6. The deed restriction runs with the land and may be enforced against future property owners.

7. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is 41 Ordinance No. 511

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only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

8. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. Building and Safety.

1. Must comply with building code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section
I. Height.

1. No ADU subject to this Chapter may exceed 16 feet in height above grade, as measured from existing or finished legal grade, whichever results in the lower building height except as provided in subsection B.2. though B.5

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.
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17.44.090 Specific ADU Requirements.

The following requirements apply only to ADUs that require an APR permit under Section

17.44.060(B) above.

A. Size

1. The maximum square footage of an ADU shall be 850 square feet for a studio or one bedroom and 1,000 square feet for two or more bedrooms. The maximum square footage shall include interior and exterior walls, finished and unfinished basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage (400 square feet maximum) provided as part of accessory dwelling unit and exterior decks or overhangs that are attached to the structure shall not be included in the 850 to 1,000 square foot limit.

2. An ADU that is attached to the primary dwelling is limited to 50 percent of the existing primary dwelling.

3. Application of other development standards in this Section 17.44.090 might further the limit the size of the ADU, but no application of an FAR, front-setback, lot-coverage, or open-space requirement may require the ADU to be less than 800 square feet.

4. By definition, a JADU may not be larger than 500 square feet.

B. Setbacks.

1. The front yard setback of an ADU located on a non-beach front lot, subject to this Section

17.44.090, shall be at least twenty (20) percent of the total depth of the lot, or sixty-five fee, whichever is less. On a beachfront lot, the front yard setback shall be twenty (20) feet maximum or the average of the two immediate neighbors, whichever is less.

2. No part of any ADU subject to this Section 17.44.090 may be located within four feet of a side or rear property line.

3. No additional setback is required for an ADU that is subject to this Section 17.44.090 if the ADU is constructed in the same location and to the same dimensions as an existing legally established accessory structure that was demolished and then replaced with the ADU.

C. Passageway. No passageway, as defined by Section 17.02.060, is required for an ADU.

D. Parking.
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1. Generally. One off-street enclosed or unenclosed parking space is required for each ADU.

Unenclosed parking spaces may be provided in setback areas or as tandem parking, as defined by Section 17.02.060.

2. Exceptions. No parking under subsection (E)(1) above is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.02.060.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an existing accessory structure, under Section 17.44.060(A)(1).
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (A) thru (F).

3. No Replacement of Parking Required. When a garage, carport, or covered parking structure is (a) demolished in conjunction with the construction of an ADU or (b) converted to an ADU, those off-street parking spaces are not required to be replaced. If replacement parking is proposed by the owner, the parking must be located on hardscape.

E. Internal connection. An attached ADU shall not be connected internally to the main residence.

A detached ADU shall not be connected internally to any accessory structure except to a legally established garage that serves the ADU.

17.44.100 Fees.

A. Impact Fees.

1. No impact fee shall be charged for an ADU that is less than 750 square feet in size.

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times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

3. For purposes of this section 17.44.100, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477).

B. Utility Fees.

1. ADUs constructed with a single-family dwelling shall be subject to standard utilityconnection requirements and fees.

2. Converted ADUs created under 17.44.060(A)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless the ADU is constructed with a new single-family home.

3. All ADUs not covered by 17.44.100 (B)(1) or (B)(2) above require a new, separate utility connection directly between the ADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the square footage or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

17.44.110 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance Chapter 17.44.

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city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. b. Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

SECTION 5. Effective Date.

SECTION 6. Severability.

SECTION 7. Certification.

The City Clerk shall certify to the passage and adoption of this Ordinance.

LOCAL COASTAL PROGRAM LAND USE PLAN
CHAPTER 3—MARINE AND LAND RESOURCES
g. New Development

3.42 New development shall be sited and designed to minimize impacts to ESHA by:
a. Minimizing grading and landform alteration, consistent with Policy 6.8. b. Minimizing the removal of natural vegetation, both that required for the building pad and road, as well as the required fuel modification around structures. c. Limiting the maximum number of structures to one main residence, one second residential structure, one accessory dwelling unit or one guest house, and accessory structures such as, stable, corral, pasture, workshop, gym, studio, pool cabana, office, detached garages, or tennis court, provided that such accessory structures are located within the approved development area and structures are clustered to minimize required fuel modification. d. Minimizing the length of the access road or driveway, except where a longer roadway can be demonstrated to avoid or be more protective of resources. e. Grading for access roads and driveways should be minimized; the standard for new on-site access roads shall be a maximum of 300 feet or one-third the parcel depth, whichever is less.

Longer roads may be allowed on approval of the City Planning Commission, upon recommendation of the Environmental Review Board and the determination that adverse environmental impacts will not be incurred. Such approval shall constitute a conditional use to be processed consistent with the LIP provisions.
f. Prohibiting earthmoving operations during the rainy season, consistent with Policy 3.47. g. Minimizing impacts to water quality, consistent with Policies 3.94—3.155. (Resolution No. 07-04)
47 2
CHAPTER 5—NEW DEVELOPMENT

2. Land Use Plan Provisions
The LUP provides parameters for new development within the City. The Land Use Plan Map designates the allowable land use, including type, maximum density and intensity, for each parcel.

Land use types include local commercial, visitor serving commercial, residential, institutional, recreational, and open space. The LUP describes the allowable uses in each category.

The commercial development policies provide for pedestrian and bicycle circulation to be provided within new commercial projects in order to minimize vehicular traffic. Visitor serving commercial uses shall be allowed in all commercial zones in the City and shall be given priority over other non-coastal dependent development. Parking facilities approved for office or other commercial developments shall be permitted to be used for public beach parking on weekends and other times when the parking is not needed for the approved uses.

The LUP encourages and provides for the preparation of a specific plan or other comprehensive plan for the Civic Center area. The Land Use Plan Map designates this area for Community Commercial, General Commercial, and Visitor- Serving Commercial uses. By preparing a Specific Plan a wider range and mix of uses, development standards, and design guidelines tailored to the unique characteristics of the Civic Center could be provided for this area as a future amendment to the LCP.

The LUP policies address new residential development. The maximum number of structures allowed in a residential development is one main residence, one second residential structure accessory dwelling unit or one guest house, and additional accessory structures provided that all such structures are located within the approved development area and clustered to minimize required fuel modification, landform alteration, and removal of native vegetation.

The LUP provides for a lot retirement program designed to minimize the individual and cumulative impacts of the potential buildout of existing parcels that are located in ESHA or other constrained areas and still allow for new development and creation of parcels in areas with fewer constraints.

This includes the Transfer of Development Credit (TDC) Program, and an expedited reversion to acreage process. The TDC program will be implemented on a region-wide basis, including the City as well as the unincorporated area of the Santa Monica Mountains within the Coastal Zone.

New development that results in the creation of new parcels, or multi-family development that includes more than one unit per existing parcel, except for affordable housing units, must retire an equivalent number of existing parcels that meet the qualification criteria of the program. Finally, an expedited procedure will be implemented to process reversion to acreage maps.

The LUP policies require that land divisions minimize impacts to coastal resources and public access. Land divisions include subdivisions through parcel or tract map, lot line adjustments, and certificates of compliance. Land divisions are only permitted if they are approved in a coastal development permit. A land division cannot be approved unless every new lot created would contain an identified building site that could be developed consistent with all policies of the LCP.

Land divisions must be designed to cluster development, to minimize landform alteration, to 48 3
minimize site disturbance, and to maximize open space. Any land division resulting in the creation of additional lots must be conditioned upon the retirement of development credits (TDCs) at a ratio of one credit per new lot created. Certificates of compliance must meet all policies of the LCP.

The LUP policies provide for the protection of water resources. New development must provide evidence of an adequate potable water supply. The use of water wells to serve new development must minimize individual and cumulative impacts on groundwater supplies and on adjacent or nearby streams, springs or seeps and their associated riparian habitats. Water conservation shall be promoted. Reclaimed water may be used for approved landscaping, but landscaping or irrigation of natural vegetation for the sole purpose of disposing of reclaimed water is prohibited.

Communication facilities are provided for as a conditional use in all land use designations. All facilities and related support structures shall be sited and designed to protect coastal resources, including scenic and visual resources. Co-location of facilities is required where feasible to avoid the impacts of facility proliferation. New transmission lines and support structures will be placed underground where feasible. Existing facilities should be relocated underground when they are replaced.

Finally, the New Development policies provide for the protection and preservation of archaeological and paleontological resources. Measures to avoid and/or minimize impacts to identified archaeological and paleontological resources must be incorporated into the project and monitoring must be provided during construction to protect resources. h. Design guidelines, including architectural design, lighting, signs, and landscaping. i. Provisions for mixed use development. (Resolution No. 07-04)

6. Residential Development Policies

5.20 All residential development, including land divisions and lot line adjustments, shall conform to all applicable LCP policies, including density provisions. Allowable densities are stated as maximums. Compliance with the other policies of the LCP may further limit the maximum allowable density of development.

5.21 The maximum number of structures permitted in a residential development shall be limited to one main residence, one accessory dwelling unit or guest house, second residential structure and accessory structures such as stable, workshop, gym, studio, pool cabana, office, detached garages, or tennis court provided that all such structures are located within the approved development area and structures are clustered to minimize required fuel modification.

5.22. Second residential units Accessory dwelling units guesthouses, granny units, etc.) shall be limited in size to a maximum of 900 square feet 1,200 square feet. Guest houses shall be limited in size to a maximum of 900 square feet. The maximum square footage shall include the total floor area of all enclosed space, including lofts, mezzanines, and storage areas. Detached g Garages, including garages provided as part of that that are part of a second residential unit accessory dwelling unit or guest house, shall not exceed 400 square feet (two-car) maximum. The area of a 49 4
garage provided as part of a second residential unit guest house or accessory dwelling unit shall not be included in the 900 or 1,200 square foot limit, respectively.

5.23 A minimum of o One onsite enclosed or unenclosed parking space shall be required for the exclusive use of an any second residential unit accessory dwelling unit or guest house.

5.24 New development of an second residential unit accessory dwelling unit or guest house or other accessory structure that includes plumbing facilities shall demonstrate that adequate private sewage disposal can be provided on the project site consistent with all of the policies of the LCP.

5.25 In order to protect the rural character, improvements, which create a suburban atmosphere such as sidewalks and streetlights, shall be avoided in any rural residential designation. 50 5

LOCAL IMPLEMENTATION PLAN
CHAPTER 2—DEFINITIONS

2.1. GENERAL DEFINITIONS
ACCESSORY DWELLING UNIT - an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code and the California Building Code; and

2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

ACCESSORY DWELLING UNIT, ATTACHED - an accessory dwelling unit that is physically attached to the primary dwelling unit and share an interior wall or as an additional story above the primary dwelling unit, but which has independent, direct access from the exterior.

ACCESSORY DWELLING UNIT, DETACHED - an accessory dwelling unit that is not an attached accessory dwelling unit.

CAR SHARE VEHICLE - a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service. A car share vehicle does not include vehicles used as part of ride-hailing companies such as Uber or Lyft.

COMPLETE INDEPENDENT LIVING FACILITIES - permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

JUNIOR ACCESSORY DWELLING UNIT - a residential unit that

1. is no more than 500 square feet in size;

2. is contained entirely within an existing or proposed single-family structure;

3. has a separate exterior entrance;

4. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

5. includes an efficiency kitchen.

KITCHEN, INCLUDING AN EFFICIENCY KITCHEN - an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains each of the following:
51 6

1. A cooking facility with appliances including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills or similar appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space.

KITCHEN - a room or space within a building intended to be used for the cooking and preparation of food.

LIVING AREA - the interior habitable area of a dwelling unit, including finished basements and or attics but does not include unfinished basements or attics, rooms with floor to ceiling heights less than 6 feet, with a garages or accessory structures.

MULTI-FAMILY RESIDENCE - a building or portion thereof used for occupancy by three two or more families living independently of each other and containing three two or more dwelling units. This does not apply to a primary residence and an ADU or guest house on the same parcel.

PASSAGEWAY - a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

SECOND UNIT - an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family dwelling is situated. The maximum living area of a second unit shall not exceed nine hundred (900) square feet, including any mezzanine or storage space. A second unit may include a garage not to exceed four hundred (400) sq. ft. The square footage of the garage shall not be included in the maximum living area
TANDEM PARKING - two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

VERY HIGH FIRE HAZARD SEVERITY ZONE - a zone as defined in Government Code 51177 and designated by Ordinance 299.

1. Purpose
The PD District is intended to provide for a mix of residential and recreational development, consistent with the PD Land Use Designation in Chapter 5 (Section C.2) of the Land Use Plan consisting of five single-family residences and 1.74 acres of recreational area located east of Malibu Bluffs Park and south of Pacific Coast Highway. The PD District consists of the land designated as Assessor Parcel Numbers (APNs) 4458-018-019, 4458-018-002, and 4458-018-018, known as Malibu Coast Estate, and formerly known as the “Crummer Trust” parcel.

2. Permitted Uses
The uses and structures permitted in Malibu Coast Estate are as follows. Lot numbers are as identified on the “Malibu Coast Estate Planned Development Map 1” of this LIP. a. Lot Nos. 1—5
i. One single-family residence per lot.
ii. Accessory uses (one second unit or guest house per lot in accordance with Section 3.6(N)(1), garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private non-illuminated sports courts, noncommercial greenhouses, gated driveways, workshops, gyms, home studios, home offices, and reasonably similar uses normally associated with a single-family residence, as determined by the Planning Director).
iii. Accessory dwelling units in accordance with Section 3.10. iii. iv. Domestic animals, kept as pets.
iv. v. Landscaping.
b. Lot No. 6
i. Uses and structures maintained by either the owners of Lots 1—5 or the homeowners’ association formed to serve the residential development within Malibu Coast Estate, including a guard house, private access road, gates (including entry gates), fencing, visitor parking, landscaping, guardhouse parking, community utilities, informational and directional signage, private open space, lighting and wastewater treatment facilities serving uses within Malibu Coast Estate. c. Lot No. 7
i. Parks and public open space, excluding community centers. 53 8
ii. Active and passive public recreational facilities, such as ball fields, skate parks, picnic areas, playgrounds, walkways, restrooms, scoreboard, sport court fencing, parking lots, and reasonably similar uses as determined by the Planning Director. Night lighting of recreational facilities shall be prohibited, except for the minimum lighting necessary for public safety.
iii. Onsite wastewater treatment facilities.

3. Lot Development Criteria
All new lots created in Malibu Coast Estate shall comply with the following criteria:
a. Lot Nos. 1—5
i. Minimum lot area: 113,600 square feet (2.60 acres).
ii. Minimum lot width: 115 feet.
iii. Minimum lot depth: 480 feet.
b. Lot No. 6
i. Minimum lot area: 125,700 square feet (2.88 acres).
ii. Minimum lot width: 625 feet.
iii. Minimum lot depth: 100 feet.
c. Lot No. 7
i. Minimum lot area: 75,640 square feet (1.74 acres).
ii. Minimum lot width: 460 feet.
iii. Minimum lot depth: 100 feet.

4. Property Development and Design Standards
Development in Malibu Coast Estate shall be subject to all applicable standards of the Malibu LIP, unless otherwise indicated in this LIP Section 3.3(Q). The following development standards shall replace the corresponding development standards otherwise contained in each noted LIP Section for those lots in Malibu Coast Estate.
a. Lot Nos. 1—5
i. Development Footprint and Structure Size (Replaces corresponding standards in LIP Section 3.6(K))
a) The total development square footage (TDSF) on each of Lot Nos. 1—5 shall not exceed the following square footage per lot:
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Lot 1 – 10,052 sq. ft.

Lot 2 – 9,642 sq. ft.

Lot 3 – 9,434 sq. ft.

Lot 4 – 9,513 sq. ft.

Lot 5 – 10,990 sq. ft.
b) Combinations of Basements, Cellars and/or Subterranean Garages. If any combination of basements, cellars, and/or subterranean garages is proposed, the initial one-thousand (1,000) square feet of the combined area shall not count toward TDSF. Any additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed.
c) Covered areas, such as covered patios, eaves, and awnings that project up to six feet from the exterior wall of the structure shall not count toward TDSF; if the covered areas project more than six feet, the entire covered area (including the area within the six foot projection) shall be included in TDSF. d) The development footprint on each lot (Lot Nos. 1—5) shall substantially conform to that indicated on “Malibu Coast Estate Planned Development Map 1” of this LIP. Structures on Lot 5 shall be setback a minimum of 190 feet from the edge of the bluff as identified on “Malibu Coast Estate Planned Development Map 1” in order to ensure that impacts to public views of the eastern Malibu coastline as seen from Malibu Bluffs Park are minimized. The structural setback on Lot 5 does not apply to at grade improvements or low profile above-grade improvements for accessory uses not to exceed 10 feet in height.
ii. Setbacks (Replaces corresponding standards in LIP Section 3.6F) a) Front yard setbacks shall be at least twenty (20) percent of the total depth of the lot measured from the property line abutting the street, or sixty-five (65) feet, whichever is less. However, the front yard setback for Lot 5 shall be at least forty-three (43) feet.
b) Side yard setbacks shall be cumulatively at least twenty-five (25) percent of the total width of the lot but, in no event, shall a single side yard setback be less than ten (10) percent of the width of the lot.
c) Rear yard setbacks shall be at least fifteen (15) percent of the lot depth. d) Parkland setbacks in LIP Section 3.6(F)(6) shall not apply. iii. Structure Height (Replaces corresponding standards in LIP Section 3.6(E)) a) Every residence and every other building or structure associated with a residential development (excluding chimneys), including satellite dish antenna, solar panels and rooftop equipment, shall not be higher than eighteen (18) feet, except the easternmost approximately 2,500 sq. ft. of the residence 55 10
on Lot 2 and the southwestern corner of the residence on Lot 5 shall not be higher than 15 feet, as indicated on “Malibu Coast Estate Planned Development Map 1” of this LIP. Height is measured from natural or finished grade, whichever is lower.
b) Mechanical equipment, including screens may not exceed roof height.

Roof-mounted mechanical equipment shall be integrated into the roof design and screened.
c) In no event shall the maximum number of stories above grade be greater than two. Basements and subterranean garages shall not be considered a story. iv. Grading (Replaces corresponding standards in LIP Section 8.3(B)) a) Notwithstanding other provisions of this Code, all grading associated with the berm, ingress, egress, including safety access, shall be considered exempt grading.
b) Non-exempt grading shall be limited to 2,000 cubic yards per lot. c) Net export shall be limited to 3,500 cubic yards per lot. v. Impermeable Coverage, Landscaping, and Berm
a) The impermeable coverage requirement in LIP Section 3.6(I) shall apply. b) In addition to the requirements of LIP Section 3.10, site landscaping shall be designed to minimize views of the approved structures as seen from public viewing areas, including the use of native trees to screen approved structures.

Landscaping and trees shall be selected, sited, and maintained to not exceed 25 feet.
c) A natural-looking earthen berm that is 4 feet in height (except for the northernmost 30 foot long portion on Lot 1 that shall be no less than 2 feet in height) above finished grade shall be constructed along the east side of all approved structures on Lots 1 and 2 to minimize views of the development from downcoast public viewing locations. The location and height of the berm shall substantially conform to that indicated on “Malibu Coast Estate Planned Development Map 1” of this LIP. The berm shall be vegetated with lowerlying native species that blend with the natural bluff landscape. vi. Parking (In addition to the parking standards of LIP Section 3.14) a) Two enclosed and two unenclosed parking spaces. The minimum size for a residential parking space shall be 18 feet long by 10 feet wide. b) One enclosed or unenclosed parking space f For a guest house or second unit see Section 3.6(N)(1)(d).
c) For an accessory dwelling unit see Section 3.10.
vii. Colors and Lighting (In addition to the standards of LIP Section 6.5(B)) 56 11
a) Structures shall be limited to colors compatible with the surrounding environment and landscape (earth tones), including shades of green, brown, and gray with no white or light or bright tones. The color palette shall be specified on plans submitted in building plan check and must be approved by the Planning Director prior to issuance of a building permit. All windows shall be comprised of non-glare glass.
b) Lighting must comply with LIP Section 6.5(G).
viii. Permit Required
To insure the protection of scenic and visual resources in accordance with the provisions of the LCP, any future improvements to structures or significant changes to landscaping beyond that authorized by the coastal development permit (CDP) for each residential lot (Lots 1-5), which would ordinarily be exempt from a CDP pursuant to LIP Section 13.4.1, shall be subject to a new CDP or permit amendment.
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3.6. RESIDENTIAL DEVELOPMENT STANDARDS
All single-family and multiple-family residences shall be subject to the following development standards:

A. through C. - No changes
D. The minimum floor area of a residential unit shall be as follows:

1. For a single-family residence, not less than 800 square feet, exclusive of any appurtenant structures. This minimum does not apply to accessory dwelling units.

2. For each multi-family dwelling unit, not less than 750 square feet, exclusive of any appurtenant structures. This minimum does not apply to accessory dwelling units.

E. thru J. – No changes
K. Residential Structure Size

2. Multistory or Single Floor Area, Structures Greater Than Eighteen (18) Feet in Height.

M. – no changes
N. Accessory Structures. Accessory structures identified as being permitted within any zone may be established only if they are clearly accessory to a primary permitted or conditionally permitted use established concurrent with or prior to establishment of accessory use.

1. Second Residential Units
a. Second residential unit includes a guest house or a second unit, as defined in Section 2.1 of the Malibu LIP.
b. A maximum of one second residential unit may be permitted as an accessory to a permitted or existing single family dwelling. Development of a second residential unit shall require that a primary dwelling unit be developed on the lot prior to or concurrent with the second residential unit.
c. Development Standards
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i. Siting
Any permitted second residential unit shall be located within the approved development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification. ii. Maximum Living Area
The maximum living area of a second residential unit shall not exceed 900 square feet, including the total floor area of all enclosed space, including any mezzanine or storage space.

The maximum living area shall not include the area of a garage included as part of the second residential unit.
iii. Parking
a) A minimum of one on-site parking space shall be provided for the exclusive use of a second residential unit.
b) One garage not to exceed 400 square feet in size may be permitted as part of a second residential unit.

The area of a garage provided as part of the guest house, exterior decks, covered patios or overhangs that are attached to the structure shall not be included in the 900 square foot limit. The maximum square footage of a guest house, garage and other attached structures that are otherwise considered total development 59 14
square footage shall be included in the overall total development square footage for the lot.
iii) A 10-foot separation between the guest house and any other structure shall be maintained if the parcel is within a Very High Fire Hazard Severity Zone. d. Parking
i) A minimum of one off-street enclosed or unenclosed parking space shall be provided for the exclusive use of a guest house.
ii) One garage not to exceed 400 square feet in size may be permitted as part of a guest house.

3.10. ACCESSORY DWELLING UNITS
Accessory Dwelling Units - The following regulations shall apply to accessory dwelling units (ADUs) approved under this section.

B. Effect of Conforming. An ADU that conforms to the standards in this section will be:

1. Deemed to be consistent with the City’s General Plan and zoning designation for the lot on which the ADU is located.

2. Deemed not to exceed the allowable density for the lot on which the ADU is located.

3. Considered not to be subject to the application of any local ordinance, policy, or program to limit residential growth.

4. Permitted to maintain a nonconforming zoning condition. For purposes of this paragraph 3.10 B.4, “nonconforming zoning condition” means physical improvement on a property that does not conform with current zoning standards. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.1
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C. Definitions. Definition of terms used in this Section can be found at Section 2.1 – General Definitions.

D. Areas Permitted. ADUs shall be allowed on lots zoned to allow single-family or multifamily dwelling residential use. These areas include Rural Residential (RR), Single Family (SF), Multi-Family (MF), Multi-Family Beach Front (MFBF), and areas designated for single family residential use as part of a Planned Development (PD) zone.

F. Coastal Development Permit required.

1. An administrative coastal development permit (ACDP) issued in accordance with Section 13.31 shall be required for all detached and attached ADUs and ADUs located inside an existing accessory building including when a legally established accessory structure is demolished and is replaced with a new structure for the purposes of creating an ADU.

3. Detached ADUs on a multifamily zoned property shall require an ACDP. An ADU located inside of a multifamily dwelling and ADUs attached to a multifamily dwelling are not allowed.

G. General Requirements. The following general requirements apply to all ADUs:

2. Fire Sprinklers. Fire sprinklers are required in an ADU.

3. Rental Term. An ADU may not be rented for a term that is shorter than 30 days. 61 16

7. Deed Restriction. Prior to issuance of a building permit for an ADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. The ADU may not be sold separately from the primary dwelling. b. The ADU must remain an ADU unless City approval is obtained to convert the structure to a different accessory structure.
c. An ADU created cannot be rented for less than 30 days. d. The ADU is restricted to the approved size.
e. The deed restriction runs with the land and may be enforced against future property owners.
f. The deed restriction may be removed if the owner eliminates the ADU as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of the LCP. If the ADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this LCP. 62 17
g. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU in violation of the recorded restrictions or abatement of the illegal unit.

3.6(K). The area of a garage (400 square feet maximum) provided as part of ADU and exterior decks or overhangs that are attached to the structure shall not be included in the 1,200 square foot limit. The maximum square footage of the ADU, garage, and other attached structures that are otherwise considered TDSF shall be included in the overall TDSF for the lot.
b. An ADU that is attached to the primary dwelling is limited to 50 percent of the living area of the existing primary dwelling or 1,200 square feet, whichever is less. c. Application of TDSF, impermeable coverage, and other development standards may further limit the size of the ADU.
d. The maximum size of an ADU in a converted existing detached accessory structure or primary dwelling shall not exceed the size limits provided in the other paragraphs of this subsection G(1).

2. Height
a. No ADU may exceed 16 feet in height above grade as measured from existing or finished grade, whichever results in the lower building height. b. Pursuant to Section 13.27 of the Malibu LIP (Site Plan Review), the Director may allow heights up to 24 feet. In no event shall the maximum number of stories above grade be greater than two.
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c. When a legally established accessory structure is demolished and replaced with a new structure for the purposes of creating an ADU, the replacement structure may not exceed 16 feet in height.

3. Setbacks.
a. All ADUs remain subject to the setback standards in Section 3.6(F) and (G), as applicable including when a legally established accessory structure is demolished and is replaced with a new structure for the purposes of creating an ADU. b. Pursuant to Section 13.27 of the Malibu LIP, the Director may grant minor modification permits to reduce setback requirements.

4. Passageway. No passageway, as defined in Section 2.1, is required for an ADU.

5. Parking.
a. One off-street parking space is required for each ADU. The parking space may be enclosed or unenclosed. Unenclosed parking spaces may be provided in setback areas or as tandem parking, as defined in Section 2.1, except where it is not feasible based on specific site topographic or fire and life safety conditions, and where it would violate an ESHA protection or scenic view corridor requirement. b. An ADU may include a garage not to exceed four hundred (400) square feet. c. For a garage, carport, or covered parking structure that is converted to an ADU, onsite replacement parking spaces shall be required that comply with the minimum number of spaces and dimensions stated in LIP 3.14.3.

6. An attached ADU shall not be connected internally to the main residence. A detached ADU shall not be connected internally to any accessory structure except for a garage which serves the ADU.

CHAPTER 13—COASTAL DEVELOPMENT PERMITS

No changes to 13.1 through 13.3

13.4. EXEMPTIONS FROM AND DE MINIMIS WAIVERS OF COASTAL

DEVELOPMENT PERMIT

The projects described in Sections 13.4.1 through 13.4.9 are exempt from the requirement to obtain a Coastal Development Permit and subject to the requirements of Section 13.4.10. Section 13.4.11 describes general requirements for de minimis waivers and projects eligible for de minimis waivers.

13.4.1 Exemption for Improvements to Existing Single-Family Residences 64 19
A. Improvements to existing single-family residences except as noted below in (B). For purposes of this section, the terms “Improvements to existing single-family residences” includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory self-contained residential units accessory dwelling units.

B. The exemption in (A) above shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:

1. Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff.

2. Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas.

3. The expansion or construction of water wells or septic systems.

4. On property not included in subsection (B)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the City or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks.

5. In areas which the City or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system.

6. Any improvement to a single-family residence where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or City indicated that any future improvements would require a development permit.

13.4.3 Exemption for Other Improvements
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A. Improvements to any structure other than a single-family residence or a public works facility except as noted below in Section 13.4.3 (B) of the Malibu LIP. For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:

1. All fixtures and other structures directly attached to the structure.

2. Landscaping on the lot.

B. The exemption in 13.4.3 (A) above shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP.

1. Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; or within 50 feet of the edge of a coastal bluff;

2. Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, or in an environmentally sensitive habitat area;

3. The expansion or construction of water wells or septic systems;

4. On property not included in subsection 13.4.3 (B)(1) of the Malibu LIP above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the LUP, an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to section (A) above or Public Resources Code section 30610(b), and/or increase in height by more than 10 percent of an existing structure;

5. In areas which the City or the Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;

6. Any improvement to a structure where the coastal development permit issued for the original structure by the City or the Coastal Commission indicated that any future improvements would require a development permit;

7. Any improvement to a structure which changes the intensity of use of the structure;

66 21

8. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

67 22

13.11. PUBLIC HEARING REQUIRED AND PUBLIC COMMENT

A. At least one public hearing shall be required on all appealable development as defined in Chapter 2 of the Malibu LIP (Definitions), except for accessory dwelling units, in accordance with Section

3.10 unless the accessory dwelling unit is developed concurrent with a new single-family dwelling.

2. If a decision on a development permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Section 13.12 of the Malibu LIP, nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 13565 of the California Code of Regulations.

B. Any person may submit written comments to the Planning Director Manager on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. Written comments shall be submitted to the Planning Director Manager who shall forward them to the appropriate person, commission, board or the Council and to the applicant. (Ord. 303 § 3, 2007)

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13.13. ADMINISTRATIVE PERMITS

13.13.1 Applicability

A. The Planning Director Manager may process consistent with the procedures in this Chapter any coastal development permit application for the specific uses identified below, except a proposed coastal development permit that is appealable or is within the Commission’s continuing jurisdiction as defined in Chapter 2 of the Malibu LIP (Definitions).

1. Improvements to any existing structure;

2. Any single-family dwelling;

3. Lot mergers;

5. Water wells.

B. Notwithstanding any other provisions of the LCP, attached or detached accessory second dwelling units created in accordance with Section 3.10 shall be processed as administrative permits, The approval of such permits shall be appealable to the Coastal Commission if the project is located in the appealable zone. (Ord. 335 § 3, 2009; Ord. 303 § 3, 2007) 69 24
NOTE: Changes are proposed for the Residential land use category only as noted below. No changes are proposed for the other land use categories.

Appendix 1 TABLE B PERMITTED USES
KEY TO TABLE (In addition to a coastal development permit, MCUP, CUP, LFDC, & WTF permits are required pursuant to the Malibu Municipal Code where shown in this table.)
P Permitted use
MCUP Requires the approval of a minor Conditional Use Permit by the Director CUP Requires the approval of a Conditional Use Permit
A Permitted only as an accessory use to an otherwise permitted use LFDC Requires the approval of a Large Family Day Care permit WTF Requires the approval of a Wireless Telecommunications Facility STR Use requires valid short-term rental permit approved by the City Not permitted (Prohibited)
USE RR SF MF MFBF MHR CR BPO CN CC CV1CV2CG OS I PRF RVP

RESIDENTIAL
Single-family residential1 P P P P ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ A ∙ ∙ Manufactured homes P P P P ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Multiple-family residential (including
duplexes, condominiums, stock
cooperatives, apartments, and similar
developments)
∙ ∙ CUP19 CUP19 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Second Accessory dwelling units A22 A22 A22 A22 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ Mobile home parks ∙ ∙ ∙ ∙ P ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Mobile home park accessory uses
(including recreation facilities, meeting
rooms, management offices,
storage/maintenance buildings, and other
similar uses)
∙ ∙ ∙ ∙ CUP ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Mobile home as residence during
construction P P P MCUP ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Accessory uses (guest units house,
garages, barns, pool houses, pools, spas,
gazebos, storage sheds, greenhouses (noncommercial), sports courts (nonilluminated), corrals (non-commercial), and similar uses)
A1 A1 A1 A1 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Residential care facilities (serving 6 or
fewer persons) P P P ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Large residential care facilities (serving 7
or more person . . . . . . . . . . . . . . . .

Small residential care facilities (serving 6
or fewer persons) P P P . . . . . . . . . . . . .

Single Room Occupancy Facility . . . . . . . . . . . . . . . .

Small family day care (serving 6 or fewer
persons) A A A ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Large family day care (serving 7 to 12
persons) LFDC LFDC LFDC ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Home occupations P/
MCUP 2
P/
MCUP2
P/
MCUP2
P/
MCUP2 ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
Short-term rental STR21 STR21 STR21 STR21 STR21
Notes:

1. Subject to Residential Development Standards (Section 3.6).

2. Subject to Home Occupations Standards [(Section 3.6(O)]. 70 25

3. Use Prohibited in Environmentally Sensitive Habitat Areas.

4. This commercial use may be permitted only if at least 50% of the total floor area of the project is devoted to visitor serving commercial use. This floor area requirement shall not apply to the Civic Center Wastewater Treatment Facility.

5. CUP for veterinary hospitals.

6. Maximum interior occupancy of 125 persons.

7. If exceeding interior occupancy of 125 persons.

8. By hand only.

9. Use permitted only if available to general public.

10. Charitable, philanthropic, or educational non-profit activities shall be limited to permanent uses that occur within an enclosed building.

11. Sports field lighting shall be limited to the main sports field at Malibu High School and subject to the standards of LIP Sections 4.6.2 and 6.5(G).

12. Limited to public agency use only (not for private use).

13. Accessory uses when part of an educational or non-profit (non-commercial) use. However, residential care facilities for the elderly are limited to operation by a non-profit only.

14. CUP for facilities within a side or rear yard when adjacent to a residentially-zoned parcel.

15. Conditionally permitted only when facilities are ancillary to the Civic Center Wastewater Treatment Facility, including, but not limited to, injection wells, generators, and pump stations.

16. This use is conditionally permitted in the Civic Center Wastewater Treatment Facility Institutional Overlay District and only when associated with the existing wastewater treatment facility or with the Civic Center Wastewater Treatment Facility.

17. Transitional and supportive housing is permitted in the same manner as one single family residence and is subject to all the restrictions that apply to single family residential uses.

18. Transitional and supportive housing is permitted in the same manner as a multi-family residential use and is subject to all the restrictions that apply to multi-family residential uses.

19. Multi-family development associated with an affordable housing development project is permitted by right.

20. Multi-family development is only permitted in the CC zone if it is associated with an affordable housing development project within the Affordable Housing Overlay (APNs 4458-022-023 and 4458-022-024 only), in compliance with Section 3.4.5.

21.Single-family residence properties are limited to hosted short-term rental permits only; one dwelling unit in a duplex may be rented unhosted if the owner or designated operator lives onsite in the other dwelling unit during the rental period; and for multifamily properties, a maximum of two dwelling units per parcel, or 40%, whichever is less, may be devoted to short-term rental use.

22. Subject to Accessory Development Standards (Section 3.10). 71 Exhibit 5
Title 17
ZONING
Chapters:

17.02 Introductory Provisions and Definitions

17.06 Zoning Districts Established

17.08 RR Rural Residential District

17.10 SF Single Family Density Residential District

17.12 MF Multiple Family Residential District

17.14 MFBF Multifamily Beach Front District

17.39 Malibu Coast Estate Planned Development (PD) District

17.40 Property Development and Design Standards

17.44 Accessory Dwelling Units

17.45 Citywide View Preservation and Restoration
72 2
Chapter 17.02

INTRODUCTORY PROVISIONS AND DEFINITIONS
Sections:

17.02.060 Definitions.

As used in this title:
“Kitchen” means a room or space within a building intended to be used for the cooking and preparation of food.
“Kitchen” means an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains each of the following:

1. A cooking facility with appliances including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills or similar appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space “Living area” means the interior habitable area of a dwelling unit, including finished basements and or attics but does not include unfinished basements or attics, rooms with floor to ceiling heights less than 6 feet, with a garages or accessory structures. “Multi-family residence” means a building or portion thereof used for occupancy by three two or more families living independently of each other and containing two three or more dwelling units.

This does not apply to a primary residence and an ADU or guest house on the same parcel. ““Second unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
“Wet Bar” means a single sink and refrigerator no greater than 5 cubic feet in size with cabinets and/or counter top area not exceeding 6 lineal feet. A wet bar shall not include a refrigerator in excess of 5 cubic feet in size or a kitchen sink greater than 2 square feet in size, or a gas or electric range, stove top and/or oven (but may include a microwave oven). 73 3
Chapter 17.08

RR RURAL RESIDENTIAL DISTRICT
Sections:

17.08.020 Permitted uses.

The following uses and structures are permitted in the RR district:

A. One single-family residence per lot;
B. Small family day care and residential care facilities serving six or fewer persons; C. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, guest units houses seven hundred fifty (750 square feet maximum in accordance with Section 17.40.040(A)(21), detached garages, barns, pool houses, gazebos, storage sheds, and greenhouses (noncommercial),

2. Recreational structures including, but not limited to, pools, spas, nonilluminated sports courts, and corrals,

3. Domestic animals, kept as pets or for personal use,

4. Raising of crops including, but not limited to, field, trees, bush, berry row and nursery stock, provided there is no retail sale from the premises,

5. Raising of horses, sheep, goats, donkeys, mules and other equine cattle for personal use by residents on the premises, subject to the following conditions:
a. The subject property is a minimum of fifteen thousand (15,000) square feet in size, b. The maximum number of animals listed above does not exceed one animal (over six months of age) for every five thousand (5,000) square feet of lot area, c. The animals shall be maintained in an area a minimum of fifty (50) feet from any building used for human habitation;
D. The following agricultural uses; provided, that all buildings or structures used in conjunction therewith shall be located not less than fifty (50) feet from any street or highway or any building used for human habitation:

1. The raising of horses and other equine, cattle, sheep and goats, including the breeding and training of such animals, on a parcel having an area of not less than one acre and provided that not more than eight such animals per acre of the total ground area be kept or maintained in conjunction with such use,

2. The grazing of cattle, horses, sheep or goats on a parcel with an area of not less than five acres, including the supplemental feeding of such animals, provided:
a. That such grazing is not a part of nor conducted in conjunction with any dairy, livestock feed yard, livestock sales yard or commercial riding academy located on the same premises,
b. That no buildings, structures, pens or corrals designed or intended to be used for the housing or concentrated feeding of such stock be used on the premises for such grazing other than racks for supplementary feeding, troughs for watering, or incidental fencing,

3. Raising of poultry, fowl, birds, rabbits, fish, bees and other animals of comparable nature, provided the subject parcel is a minimum of one acre in size,

4. The raising of hogs or pigs, provided:
74 4
a. That the animals are located not less than one hundred fifty (150) feet from any highway and not less than fifty (50) feet from the side or rear lines of any parcel, b. That the animals shall not be fed any market refuse or similar imported ingredient or anything other than table refuse from meals consumed on the same parcel of land, or grain, c. That no more than two weaned hogs or pigs are kept,
d. That the subject parcel is a minimum of one acre in size; E. Manufactured homes, pursuant to Government Code Section 65852.3; F. Second units, pursuant to Government Code Section 65852.2; Accessory dwelling units in accordance with Chapter 17.44;
G. Large family day care facilities (serving seven to twelve (12) persons), subject to the provisions of Section 17.66.110;
H. Private equestrian and/or hiking trails;
I. Greenhouses on a lot or parcel of land having an area of at least one acre; J. Temporary placement of mobilehomes and trailers subject to the conditions of Section 17.40.040(A)(18). (Ord. 104 § 2, 1993; Ord. 93 §§ 8, 9, 1993; Ord. 86 § 3, 1993; prior code § 9211)

75 5
Chapter 17.10

SF SINGLE FAMILY DENSITY RESIDENTIAL DISTRICT
Sections:

17.10.020 Permitted uses.

The following uses and structures are permitted in the SF district:

A. One single-family residence per lot;
B. Small family day care and residential care facilities serving six or fewer persons; C. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, detached garages, barns, pool houses, gazebos, storage sheds, guest units houses (seven hundred fifty (750) square feet maximum) in accordance with Section 17.40.040(A)(21), and greenhouses (noncommercial),

2. Recreational structures including, but not limited to, pools, spas, nonilluminated sports courts, and noncommercial corrals,

3. Domestic animals,

4. Raising of crops including, but not limited to, field, trees, bush, berry row and nursery stock, provided there is no retail sale from the premises,

5. Raising of horses, sheep, goats, donkeys, mules and other equine cattle for personal use by residents on the premises, subject to the following conditions:
a. The subject property is a minimum of fifteen thousand (15,000) square feet in size, b. The maximum number of animals listed above does not exceed one animal (over six months of age) for every five thousand (5,000) square feet of lot area, c. The animals shall be maintained in an area a minimum of fifty (50) feet from any building used for human habitation;
D. Manufactured homes, pursuant to Government Code Section 65852.3; E. Second units, pursuant to Government Code Section 65852.2; Accessory dwelling units in accordance with Chapter 17.44;
F. Large family day care facilities (serving seven to twelve (12) persons), subject to Section 17.66.110;
G. Temporary placement of mobilehomes and trailers subject to the conditions of Section 17.40.040(A)(18). (Ord. 104 § 2, 1993; Ord. 86 § 3, 1993; prior code § 9221) 76 6
Chapter 17.12

MF MULTIPLE FAMILY RESIDENTIAL DISTRICT
Sections:

17.12.020 Permitted uses.

The following uses and structures are permitted in the MF district:

A One single-family residence per lot;
B. Small family day care and residential care facilities involving six or fewer persons; C. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, detached garages, barns, pool houses, gazebos, storage sheds, guest units houses (seven hundred fifty (750) square feet maximum) in accordance with Section 17.40.040(A)(21), and greenhouses (noncommercial),

2. Recreational structures including, but not limited to, pools, spas, nonilluminated sports courts, and corrals,

3. Domestic animals;
D. Manufactured homes, pursuant to Government Code Section 65852.3; E. Second units, pursuant to Government Code Section 65852.2; Accessory dwelling units in accordance with Chapter 17.44;
F. Large family day care facilities (serving seven to twelve (12) persons), subject to Section 17.66.110;
G. Temporary placement of mobilehomes and trailers subject to the conditions of Section 17.40.040(A)(18). (Ord. 104 § 2, 1993; Ord. 86 § 3, 1993; prior code § 9231) 77 7
Chapter 17.14

MFBF MULTIFAMILY BEACH FRONT DISTRICT
Sections:

17.14.020 Permitted uses.

The following uses and structures are permitted in the MFBF district:

A One single-family residence per lot;
B. Expansion up to five hundred (500) square feet of existing multifamily buildings provided the expansion conforms to the provisions of Chapter 17.40; C. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family and multifamily residences including, but not limited to, detached garages, pool houses, gazebos, storage sheds, guest units houses (seven hundred fifty (750) square feet maximum) in accordance with Section

17.40.040(A)(21),

2. Recreational structures including, but not limited to, pools, spas, nonilluminated sports courts,

3. Domestic animals;
D. Manufactured homes, pursuant to Government Code Section 65852.3; E. Second units, pursuant to Government Code Section 65852.2. (Ord. 151 § 11, 1996; prior code § 92362) Accessory dwelling units in accordance with Chapter 17.44. 78 8
Chapter 17.39

MALIBU COAST ESTATE PLANNED DEVELOPMENT (PD) DISTRICT
Sections:

17.39.020 Permitted uses.

17.39.040 Property development and design standards.

17.39.020 Permitted uses.

Lot numbers are as identified on Malibu Coast Estate Planned Development Map 1. The following uses and structures are permitted:

A. Lot Nos. 1—5.

1. One single-family residence per lot.

2. Accessory uses (one second unit or guest house per lot in accordance with Section

17.40.040(A)(21), garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private non-illuminated sports courts, noncommercial greenhouses, gated driveways, workshops, gyms, home studios, home offices, and reasonably similar uses normally associated with a single-family residence, as determined by the planning director).

3. Accessory dwelling units in accordance with Chapter 17.44.

4. Domestic animals, kept as pets.

5. Landscaping.

B. Lot No. 6. Uses and structures maintained by either the owners of Lots 1—5 or the homeowners’ association formed to serve the residential development within Malibu Coast Estate, including a guard house, private access road, gates (including entry gates), fencing, visitor parking, landscaping, guardhouse parking, community utilities, informational and directional signage, private open space, lighting and wastewater treatment facilities serving uses within Malibu Coast Estate.

C. Lot No. 7.

1. Parks and public open space, excluding community centers.

2. Active and passive public recreational facilities, such as ball fields, skate parks, picnic areas, playgrounds, walkways, restrooms, scoreboard, sport court fencing, parking lots, and reasonably similar uses as determined by the planning director. Night lighting of recreational facilities shall be prohibited, except for the minimum lighting necessary for public safety.

3. Onsite wastewater treatment facilities. (Ord. 398 § 6, 2015)

17.39.040 Property development and design standards.

The following development standards shall replace the corresponding development standards (Sections 17.40.040 and 17.40.080) for Malibu Coast Estate. All requirements of the zoning ordinance, including, but not limited to, Section 17.40.030 that are consistent with the criteria listed below shall remain in effect for those parcels in Malibu Coast Estate.

A. Lot Nos. 1—5.
79 9

1. Development Footprint and Structure Size (Replaces corresponding standards in LIP Section 3.6(K)).
a. The total development square footage (TDSF) on each of Lot Nos. 1—5 shall not exceed the following square footage per lot:

Lot 1 —10,052 square feet.

Lot 2 —9,642 square feet.

Lot 3 —9,434 square feet.

Lot 4 —9,513 square feet.

Lot 5 —10,990 square feet.
b. Combinations of Basements, Cellars and/or Subterranean Garages. If any combination of basements, cellars, and/or subterranean garages is proposed, the initial one thousand (1,000) square feet of the combined area shall not count toward TDSF. Any additional area in excess of one thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed. c. Covered areas, such as covered patios, eaves, and awnings that project up to six feet from the exterior wall of the structure shall not count toward TDSF; if the covered areas project more than six feet, the entire covered area (including the area within the six-foot projection) shall be included in TDSF.
d. The development footprint on each lot (Lot Nos. 1—5) shall substantially conform to that indicated on Malibu Coast Estate Planned Development Map 1. Structures on Lot 5 shall be set back a minimum of one hundred ninety (190) feet from the edge of the bluff as identified on Malibu Coast Estate Planned Development Map 1 in order to ensure that impacts to public views of the eastern Malibu coastline as seen from Malibu Bluffs Park are minimized. The structural setback on Lot 5 does not apply to at-grade improvements or low profile above-grade improvements for accessory uses not to exceed ten (10) feet in height.

2. Setbacks (Replaces corresponding standards in Section 17.40.040). a. Front yard setbacks shall be at least twenty (20) percent of the total depth of the lot measured from the property line abutting the street, or sixty-five (65) feet, whichever is less.

However, the front yard setback for Lot 5 shall be at least forty-three (43) feet. b. Side yard setbacks shall be cumulatively at least twenty-five (25) percent of the total width of the lot but, in no event, shall a single side yard setback be less than ten (10) percent of the width of the lot.
c. Rear yard setbacks shall be at least fifteen (15) percent of the lot depth. d. Parkland setbacks in LIP Section 3.6(F)(6) shall not apply.

3. Structure Height (Replaces corresponding standards in Section 17.40.040). a. Every residence and every other building or structure associated with a residential development (excluding chimneys), including satellite dish antenna, solar panels and rooftop equipment, shall not be higher than eighteen (18) feet, except the easternmost approximately two thousand five hundred (2,500) square feet of the residence on Lot 2 and the southwestern corner of the residence on Lot 5 shall not be higher than fifteen (15) feet, as indicated on Malibu Coast Estate Planned Development Map 1 of the LIP. Height is measured from natural or finished grade, whichever is lower.
b. Mechanical equipment, including screens may not exceed roof height. Roofmounted mechanical equipment shall be integrated into the roof design and screened. c. In no event shall the maximum number of stories above grade be greater than two.

Basements and subterranean garages shall not be considered a story. 80 10

4. Grading (Replaces corresponding standards in Section 17.40.040). a. Notwithstanding other provisions of this code, all grading associated with the berm, ingress, egress, including safety access, shall be considered exempt grading. b. Non-exempt grading shall be limited to two thousand (2,000) cubic yards per lot. c. Net export shall be limited to three thousand five hundred (3,500) cubic yards per lot.

5. Impermeable Coverage, Landscaping, and Berm.
a. The impermeable coverage requirement in Section 17.40.040 shall apply. b. In addition to the requirements of Section 17.40.040, site landscaping shall be designed to minimize views of the approved structures as seen from public viewing areas, including the use of native trees to screen approved structures. Landscaping and trees shall be selected, sited, and maintained to not exceed twenty-five (25) feet. c. A natural-looking earthen berm that is four feet in height (except for the northernmost thirty (30) foot long portion on Lot 1 that shall be no less than two feet in height) above finished grade shall be constructed along the east side of all approved structures on Lots 1 and 2 to minimize views of the development from downcoast public viewing locations. The location and height of the berm shall substantially conform to that indicated on the Malibu Coast Estate Planned Development Map 1 of the LIP. The berm shall be vegetated with lower-lying native species that blend with the natural bluff landscape.

6. Parking (In addition to the parking standards of Section 17.40.040. a. Two enclosed and two unenclosed parking spaces. The minimum size for a residential parking space shall be eighteen (18) feet long by ten (10) feet wide. b. For a guest house see Section 17.40.040(A)(21). One enclosed or unenclosed parking space for a guest unit or second unit.
c. For an accessory dwelling unit see Chapter 17.44.

7. Colors and Lighting (In addition to the standards of LIP Section 6.5(B)). a. Structures shall be limited to colors compatible with the surrounding environment and landscape (earth tones), including shades of green, brown, and gray with no white or light or bright tones. The color palette shall be specified on plans submitted in building plan check and must be approved by the planning director prior to issuance of a building permit. All windows shall be comprised of non-glare glass.
b. Lighting must comply with LIP Section 6.5(G).

8. Permit Required. To ensure the protection of scenic and visual resources in accordance with the provisions of the LCP, any future improvements to structures or significant changes to landscaping beyond that authorized by the coastal development permit (CDP) for each residential lot (Lots 1—5), which would ordinarily be exempt from a CDP pursuant to LIP Section

13.4.1, shall be subject to a new CDP or permit amendment.

B. Lot No. 6.

1. Structure Size. The total development square footage of all structures shall not exceed one hundred eighty (180) square feet. The development footprint (gate and guardhouse) shall substantially conform to that indicated on Malibu Coast Estate Planned Development Map 1.

2. Setbacks.
a. Buildings, not including projections permitted in Section 17.40.050, shall maintain a minimum setback of fifty (50) feet from all property lines. b. Parkland setbacks in LIP Section 3.6(F)(6) shall not apply.

3. Structure Height.
81 11
a. Structure height shall not exceed twelve (12) feet, as measured from natural or finished grade, whichever is lower.
b. In no event shall the maximum number of stories above grade be greater than one. c. A basement, cellar or subterranean garage shall not be permitted.

4. Grading (Replaces corresponding standards in Section 17.40.040). a. Notwithstanding other provisions of this code, all grading associated with ingress, egress, including safety access, shall be considered exempt grading. b. Non-exempt grading shall be limited to one thousand (1,000) cubic yards. c. Net export shall be limited to two thousand five hundred (2,500) cubic yards.

5. Impermeable Coverage (Replaces corresponding standard in Section 17.40.040).

The impermeable coverage requirement in Section 17.40.040 shall not apply. Up to forty-four thousand (44,000) square feet of impermeable coverage shall be permitted.

6. Parking (In addition to the parking standards of Section 17.40.040). The guardhouse shall not have more than two parking spaces to be used for on duty guards and one additional parking space for service parking. Parking within the property boundaries shall not be located on or obstruct fire department access.

7. Colors and Lighting.
a. Structures shall be limited to colors compatible with the surrounding environment and landscape (earth tones), including shades of green, brown, and gray with no white or light or bright tones. The color palette shall be specified on plans submitted in building plan check and must be approved by the planning director prior to issuance of a building permit. b. Lighting must comply with LIP Section 6.5(G).

C. Lot No. 7.

1. Site Design. Grading, setbacks, and facility siting shall be designed to meet the operational programs of the park as defined in the City of Malibu Parks Master Plan.

Notwithstanding any other provision of this chapter, grading in all new parks shall be limited to not more than one thousand (1,000) cubic yards per acre, except that grading required for sports fields and skate parks designed to accommodate commonly accepted facility dimensions shall be exempt from these limitations. The facility shall be designed to minimize noise, lighting impacts and disruption to nearby residents.

2. Parking (In addition to the parking standards of Section 17.47.030). Adequate parking shall be provided to serve the proposed recreational uses. Parking shall be determined by a parking study prepared by a registered traffic engineer and based upon the proposed recreational uses. The planning director shall have the authority to determine the appropriateness of studies or other information used in determining the parking to be required. Where appropriate, off-site parking may be provided and may be counted towards satisfying the on-site parking requirement as long as sufficient parking is provided to serve existing and proposed public access and recreation uses and any adverse impacts to public access and recreation are avoided.

3. Fencing. With the exception of skate park and sport court fencing and backstops, fences and walls shall not exceed eight feet in height. The fencing and backstops design and materials shall take into consideration view and vista areas, site distance, and environmental constraints.

4. Temporary Uses. Temporary uses shall be in accordance with LIP Section 13.4.9 and the temporary use permit process contained within Chapter 17.68. (Ord. 398 § 6, 2015) 82 12
Chapter 17.40

PROPERTY DEVELOPMENT AND DESIGN STANDARDS
Section 17.40.040(A)

21. Guest Houses
a. Development of a guest house shall require that a primary dwelling unit be developed on the lot prior to or concurrent with the guest house.
b. Only one guest house is allowed per lot. Guest houses are not allowed on properties with an attached or detached accessory dwelling unit.
c. Development Standards

1. Siting. Any permitted guest house shall be located within the approved development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification. All guest houses must comply with residential development standards in Section 17.40.040.

2. Maximum Size. The maximum square footage of a guest house shall not exceed 900 square feet. The maximum square footage shall include interior and exterior walls, finished and unfinished basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage provided as part of the guest house, exterior decks, covered patios, or overhangs that are attached to the structure shall not be included in the 900 square foot limit. The maximum square footage of a guest house, garage, and any other attached structures that are otherwise considered total development square footage shall be included in the overall total development square footage for the lot.

3. A 10-foot separation between the guest house and any other structure shall be maintained if the parcel is within a Very High Fire Hazard Severity Zone. d. Parking

1. A minimum of one onsite enclosed or unenclosed parking space shall be provided for the exclusive use of a guest house.

2. One garage, attached and solely used for the guest house not to exceed 400 square feet in size may be permitted as part of a guest house.

83 13
Chapter 17.44 - ACCESSORY DWELLING UNITS

17.44.010 Title.

This chapter shall be known as the “Malibu Accessory Dwelling Unit Ordinance.”

17.44.020 Purpose.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and Junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. The entire City of Malibu is located in a designated “Very High Fire Hazard Severity Zone”, and this chapter ensures that ADUs and JADUs are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the General Plan are observed.

17.44.030 Effect of Conforming.

An ADU or JADU that conforms to the standards in this chapter will be:

A. Deemed to be consistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed not to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered not to be subject to the application of any local ordinance, policy, or program to limit residential growth.

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code and the California Building Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. “Junior Accessory Dwelling Unit” means a residential unit that

1. is no more than 500 square feet in size;
84 14

3. has an independent exterior entrance, apart from that of the primary dwelling;

4. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

5. includes an efficiency kitchen.
“Efficiency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

17.44.050 Permitted Locations.

A. ADUS and JADUs under Section 17.44.060(A) shall be allowed on lots that are in a residential or mixed-use zone.

D. Multifamily Lots. ADUs are allowed on multifamily lots pursuant to 17.44.060 A. 3 and A.4. New attached ADUs are not allowed.
85 15

17.44.060 Approvals.

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (A) (3) at least one converted ADU is allowed within an existing 86 16
multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

B. Administrative Plan Review Permit (APR)

1. Except as allowed under subsection 17.44.060 (A), no ADU may be created without a building permit and an APR permit in compliance with the standards set forth in Sections 17.44.080 and 17.44.090.

17.44.070 Process and Timing.

A. An APR is considered and approved ministerially by the Planning Director without discretionary review or a hearing.

B. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a complete application, unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (B) above. 87 17
D. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.44.080 General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.44.060.

A. Rental Term. An ADU or JADU may not be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

E. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

F. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

3. As required by State law, all JADUs are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property, 88 18
in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

1. Except as otherwise provided in Government Code Section 65852,26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU must remain an ADU unless City approval is obtained to convert the structure to a different accessory structure.

3. An ADU or JADU created cannot be rented for less than 30 days.

4. The ADU or JADU is restricted to the approved size.

5. The JADU must be reconverted to be part of the primary residence if the owner does not reside on the property.

6. The deed restriction runs with the land and may be enforced against future property owners.

Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

H. Building and Safety.
89 19

1. Must comply with building code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements. 2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section I. Height.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

17.44.090 Specific ADU Requirements.

The following requirements apply only to ADUs that require an APR permit under Section

17.44.060(B) above.

A. Size

2. An ADU that is attached to the primary dwelling is limited to 50 percent of the existing primary dwelling.

4. By definition, a JADU may not be larger than 500 square feet.

B. Setbacks.

1. The front yard setback of an ADU located on a non-beach front lot, subject to this Section

2. No part of any ADU subject to this Section 17.44.090 may be located within four feet of a side or rear property line.

C. Passageway. No passageway, as defined by Section 17.02.060, is required for an ADU.

D. Parking.

1. Generally. One off-street enclosed or unenclosed parking space is required for each ADU.

Unenclosed parking spaces may be provided in setback areas or as tandem parking, as defined by Section 17.02.060.

2. Exceptions. No parking under subsection (E)(1) above is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.02.060.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an existing accessory structure, under Section 17.44.060(A)(1).
d. When on-street parking permits are required but not offered to the occupant of the ADU.
91 21
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (A) thru (F).

F. Internal connection. An attached ADU shall not be connected internally to the main residence.

A detached ADU shall not be connected internally to any accessory structure except to a legally established garage that serves the ADU.

17.44.100 Fees.

A. Impact Fees.

1. No impact fee shall be charged for an ADU that is less than 750 square feet in size.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the square footage of the ADU, divided by the square footage of the primary dwelling, times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

3. For purposes of this section 17.44.100, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477).

B. Utility Fees.

1. ADUs constructed with a single-family dwelling shall be subject to standard utilityconnection requirements and fees.

2. Converted ADUs, created under 17.44.060(A)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless the ADU is constructed with a new single-family home.

17.44.110 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

B. Unpermitted ADUs constructed before 2018.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a.The ADU violates applicable building standards, or
b.The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance Chapter 17.44.

2. Exceptions:
a.Notwithstanding subsection (B)(1) above the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. b.Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
93 23
Chapter 17.45
CITYWIDE VIEW PRESERVATION AND RESTORATION*
Sections:

17.45.030 Definitions.

The following definitions shall apply for purposes of this chapter:

A. “Arbitration” means a voluntary legal procedure for settling disputes and leading to a determination of rights of parties, usually consisting of a hearing before an arbitrator where all relevant evidence may be freely admitted.

B. “Arbitrator” means a mutually agreed upon neutral third party professional intermediary who conducts a hearing process, and who hears testimony, considers evidence and makes decisions for the disputing parties.

C. “Certified arborist” means an individual certified as an arborist by the International Society of Arboriculture (ISA).

D. “Claimant” means a property owner who alleges that foliage is causing a significant obstruction of a primary view.

E. “Environmentally sensitive habitat areas or (ESHA)” as defined as set forth in the certified Malibu LCP Local Implementation Plan.

F. “Foliage” means a woody plant with the potential to obstruct primary views. “Foliage” includes without limitation trees, shrubs, hedges and bushes.

G. “Foliage owner” means a person owning property containing foliage that a claimant alleges is causing a significant obstruction of a protected view.

H. “Hedge” means any plant material, trees, stump growth, or shrubbery planted or grown in a dense continuous line, so as to form a thicket, barrier or the substantial equivalent of a living fence.

I. “Main viewing area” means the ground floor of a commercial, institutional or principal residential structure unless the ground floor of a commercial structure consists of garages, parking areas and storage and unless the primary living area of a principal residential structure is not located on the ground floor. If the ground floor of a commercial structure consists of garages, parking areas and storage, the “main viewing area” means the first habitable floor. If the primary living area of a principal residence is not located on the ground floor, the main viewing area means the primary living area of the principal residence. The “main viewing area” may be an abutting outdoor deck or patio area located at relatively the same elevation as the ground floor of a commercial or institutional structure or a primary living area of a residence, whichever has the superior view corridor. Bedrooms, master bedroom retreats, offices, hallways, closets, laundry rooms, mechanical rooms, bathrooms and garages shall not be considered main viewing areas.

Application of a primary view corridor requires an established “main viewing area.” J. “Mediation” means a process of using a neutral third person to facilitate a mutually satisfactory solution to a view dispute.

K. “Mediator” means a neutral third person that assists the claimant and foliage owner in finding a mutually satisfactory solution to a view dispute.

L. “Pre-existing view” means a primary view within the structure’s assessed primary view corridor that existed on the date of acquisition of the property or city incorporation, whichever 94 24
is more recent. If the property was acquired without a developed, legally-habitable structure, a preexisting view shall mean a primary view that existed as of issuance of a certificate of occupancy or city incorporation, whichever is more recent. The pre-existing view cannot be a result of a natural disaster or a result of illegal activities.

M. “Primary living area” means the living room, family room, dining room, kitchen or a combination thereof.

N. “Primary view” means visually impressive scenes of the Pacific Ocean, offshore islands, the Santa Monica Mountains, canyons, valleys, or ravines, within a primary view corridor.

O. “Primary view corridor” means a one hundred eighty (180) degree view assessed by the planning director or designee from a single fixed location and direction within the main viewing area, 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 ten (10) feet of the nearest outside wall of the structure as selected by the affected property owner and the city.

P. “Primary view determination” means a process by which the planning director or designee documents the location of a claimant’s primary view corridor.

Q. “Principal residence” and “principal residential structure” mean the primary residential structure located on a lot. Guest houses, granny flats and second units accessory dwelling units and junior accessory dwelling units are not principal residences or principal residential structures.

R. “Protected tree” as defined in Section 5.2 of the Malibu Local Coastal Program Local Implementation Plan.

S. “Removal” means the destruction or displacement of foliage by cutting or other mechanical method that result in physical transportation of the foliage from its site and/or death of the foliage.

T. “Restorative action” means measures undertaken to eliminate a significant obstruction of a primary view.

U. “Stump growth” means new growth from the remaining portion of a tree trunk, the main portion of which has been cut off.

V. “View preservation permit” means a permit issued by the city, requiring restorative actions on foliage located on a foliage owner’s property in order to preserve a claimant’s primary view. (Ord. 378 § 3, 2014)
95 25
Appendix 1 PERMITTED USES TABLE*
In the event of a conflict between the table and the text of Title 17, the text shall control.

KEY TO TABLE (In addition to a coastal development permit, MCUP, CUP, LFDC, & WTF permits are required pursuant to the Malibu Municipal Code where shown in this table.)
P Permitted use
MCUP Requires the approval of a minor Conditional Use Permit by the Director CUP Requires the approval of a Conditional Use Permit
A Permitted only as an accessory use to an otherwise permitted use LFDC Requires the approval of a Large Family Day Care permit WTF Requires the approval of a Wireless Telecommunications Facility STR Use requires valid short-term rental permit approved by the City • Not permitted (Prohibited)
USE RR SF MF MFBF MH CR BPO CN CC CV1CV2CG OS I PRF RVP Agricultural employee
housing, as an accessory
use, animal related
A • • • • CUP • • • • • • • • • •
Agricultural employee
housing, as an accessory
use, crop related
A A CUP • • • • • • • • • • • • •
One single-family
residence per lot28
P P P P • • • • • • • • • • • •
Manufactured homes
pursuant to Government
Code § 65852.3
P P P P • • • • • • • • • • • •
Multifamily residential
(including duplexes,
condominiums, stock
cooperatives,
apartments, and similar
development29
• • CUP30 CUP2,30 • • • • P31 • • • • • • •
Second Accessory
dwelling units pursuant
to Government Code §
65852.2.

A33 A33 A33 A33 • • • • • • • • • • • •
96 26
USE RR SF MF MFBF MH CR BPO CN CC CV1CV2CG OS I PRF RVP Mobile home parks in
existence as of March 28,
1991
• • • • P • • • • • • • • • • •
Mobile home park
accessory uses (including
recreation facilities,
meeting rooms,
management offices,
storage/maintenance
buildings, and other
similar uses)
• • • • CUP • • • • • • • • • • •
Mobile home park
modifications to number,
layout, or density and
public or common areas,
except for repair and
maintenance
• • • • CUP • • • • • • • • • • •
Temporary mobile home
as residence subject
to§17.40.040(A)(18)
P P P MCUP • • • • • • • • • • • •
Accessory uses (guest
unit house ( 750 900 sf
max), garages, barns,
pool houses, pools, spas,
gazebos, storage sheds,
greenhouses (noncommercial), sports
courts (non-illuminated),
corrals (noncommercial), and similar
uses)
A A A A3 • • • • • • • • • • • •
Notes:
...

33. Subject to Chapter 17.44.- Accessory Dwelling Units. 97 City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu City Council will hold a public hearing on Monday, August 28, 2023, at 6:30 p.m. in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA and via teleconference for the project identified below.

Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

ACCESSORY DWELLING UNIT ORDINANCE
LOCAL COASTAL PROGRAM AMENDMENT NO. 18-002 AND ZONING TEXT AMENDMENT NO. 18-004 - Consider an amendment to the Local Coastal Program (LCP) and Title 17 (Zoning) of the Malibu Municipal Code (MMC) modifying regulations pertaining to accessory dwelling units, also known as second dwelling units, to bring existing regulations into compliance with State law (Location: Citywide) On March 14, 2023, the Planning Commission held a Special meeting and adopted Resolution No. 23-12, providing recommendations to City Council for an amendment to the LCP and Title 17 (Zoning) of the MMC in accordance with City Council direction on August 22, 2022.

In accordance with the CEQA, Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment (LCPA). This application is for an LCPA which must be certified by the California Coastal Commission before it takes effect. The ZTA and LCPA are not a project within the meaning of CEQA Guidelines Section 15378, because they have no potential to result in physical change to the environment, directly or indirectly. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility and is not subject to CEQA.

Moreover, in the event that the code amendment and LCPA are interpreted so as to permit construction of an ADU on a particular site, the construction would be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15301 (existing facilities), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/ or State CEQA Guidelines Section 15304 (minor alterations to land).

A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding these matters will be afforded an opportunity in accordance with the Council’s procedures.

Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours by appointment. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

STAFF CONTACT: Tyler Eaton, Associate Planner, [email protected], (310) 456-2489, ext. 273 MORE INFORMATION: For more information, view the City’s Accessory Dwelling Units website at www.malibucity.org/adu.

RICHARD MOLLICA, Planning Director Date: August 3, 2023 98 Exhibit 6

Page 1 of 1 ends

Agenda Item # 4.B.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 7, 2023 Meeting date: September 11, 2023 Subject: Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development
RECOMMENDED ACTION: Continue this item to the September 25, 2023 Regular City Council meeting.

City Council Meeting
09-11-23
Item

4.B.

Page 1 of 1 ends

Agenda Item # 4.B.

Supplemental
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 8, 2023 Meeting date: September 11, 2023 Subject: Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC)
RECOMMENDED ACTION: Continue this item to the September 25, 2023 Regular City Council meeting.

DICSUSSION: This report corrects the title of the item to include the property address and property owner name.

City Council Meeting
09-11-23
Item

4.B.

Page 1 of 4 ends

Agenda Item # 5.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Richard Mollica, Planning Director

Approved by: Steve McClary, City Manager
Date prepared: August 31, 2023 Meeting date: September 11, 2023 Subject: Woolsey Fire Fee Waiver Program and Rebuild Deadlines RECOMMENDED ACTION: 1) Consider adopting Resolution No. 23-40 superseding and replacing Resolution No. 21-62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence; 2) Consider adopting Resolution No. 23-41 initiating a Zoning Text Amendment (ZTA) to modify Malibu Municipal Code (MMC) Section

17.60.020(C) to extend the submittal deadline for owners to obtain a permit for Planning Verification approvals for nonconforming structures damaged or destroyed in the Woolsey Fire; and 3) If Resolution No. 23-41 is adopted, direct the Planning Commission to schedule a public hearing regarding the same.

FISCAL IMPACT: There is no fiscal impact associated with parts 1 and 3 of the recommended action. To date, the City has waived or refunded approximately $5.22 million in fees associated with the Woolsey Fire. The Adopted Budget for FY 2023-24 includes sufficient funding to assist all remaining Woolsey Fire property owners and is not reliant on revenue from permit fees.

WORK PLAN: This item was included as item 2.a. in the Adopted Work Plan for FY 2022- 2023. Staff continue to work on ongoing projects and normal business while the FY 2023- 24 Work Plan is finalized.

DISCUSSION: On August 14, 2023, the City Council discussed the upcoming Woosley Fire fee waiver deadlines for as well as the rebuild deadlines. After discussion, the Council directed staff to research the reason some owners have not filed a rebuild application.

Also, the Council requested that staff bring an item back for the purposes of discussing City Council Meeting
09-11-23
Item

5.A.

Page 2 of 4 ends

Agenda Item # 5.A.
the extension of the fee waiver program as well as the rebuild deadlines. The purpose of this report is to provide options for the Council to assist Woolsey Fire Victims Woolsey Fire Fee Waiver Program
On February 24, 2020, the City Council adopted Resolution No. 20-10 which directed staff to waive certain Woolsey Fire rebuild fees; subsequent resolutions were adopted that modified the provisions of the program and extended the fee waiver program. For property owners to qualify for the existing fee waiver program, fee waiver applications were required to be received by June 30, 2023; all required Planning applications were required to be deemed complete by June 30, 2023, and all required building permits are required to be obtained by December 30, 2023.

Should the Council wish to assist those owners that have not begun the development process, the City Council may retroactively extend the fee waiver application submittal and planning application complete determination deadline and the upcoming pending December 30, 2023 deadline to obtain building permits. A resolution (Attachment 1) is attached for this purpose and shall be modified according to the Council’s guidance.

Deadlines for Legal Nonconforming In-kind Disaster Rebuild Projects Following the Woolsey Fire, the City Council amended MMC Chapter 17.601 (Nonconforming Uses and Structures) to facilitate a streamlined permitting process for reconstruction of destroyed structures. The amendment updated the Planning Verification (PV) process to allow for a period of two years (November 8, 2020) for fire victims to apply for a Planning approval and four years (November 8, 2022) to obtain a building permit to allow for the in-kind replacement of nonconforming structures without having to bring them into conformance with current codes.

On August 24, 2020, the Council discussed delays that Woolsey Fire victims were experiencing in rebuilding their homes or initiating the rebuild process. These difficulties included resolving insurance claims or settlements, health issues, impacts of the COVID19 pandemic including supply chain issues, and change of ownership. Subsequently, on December 14, 2020, the City Council adopted Ordinance No. 476 which added one year to the rebuild deadlines.

MMC Section 17.60.020(C) currently reads as follows:

C. Any structure described in subsection A of this section, may be remodeled, or may be reconstructed in the general location and to the same height as it existed prior to damage or destruction, subject to obtaining planning verification and provided that the application for the reconstruction is initiated with the city within three years of the date of damage or destruction, and a building permit is diligently 1 Ordinance No. 445

Page 3 of 4 ends

Agenda Item # 5.A.
pursued and obtained within five years from the date of damage or destruction and has not expired. A request for an extension of time to the three-year or five-year periods may be granted by the planning commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the three- or five-year limit creates an undue hardship. Extensions may not total more than six years. Any reconstruction shall extend the termination date described in Section 17.60.040 for the use operating within such a structure.

Although 78 percent of homes destroyed in the Woolsey Fire are either completed or in the development process, the remaining 22 percent have not yet obtained Planning or Building Plan Check approvals nor obtained permits for their project. At this time, pursuant to MMC Section 17.60.020(C), the City is not accepting any applications for Planning Verifications for non-conforming replacement structures, except those previously extended by the Planning Commission. However, there are several approved Planning Verification applications that have not yet obtained building permits, and the five-year deadline is approaching. The City has begun the process to notify property owners who have not yet obtained building permits of the upcoming deadline and provided information on how to file an extension request. Per MMC Section 17.60.020(C), those extension requests will be presented to the Planning Commission for consideration.

Should the Council wish to extend the deadline to obtain building permits or retroactively modify the date to submit for a Planning Verification application to accommodate those who have not yet submitted applications to replace their non-conforming replacement structure, an ordinance would need to be adopted by the City Council through the zoning text amendment process. The steps to process a zoning text amendment are as follows:
• Initiation of the ZTA by the City Council.
• Planning Commission Public Hearing (Tentative October 16, 2023). • City Council Hearing to consider the Planning Commission’s recommendation and introduce the ordinance on first reading (Tentative November 27, 2023). • City Council second reading of ordinance (Tentative December 11, 2023).

Given that the November 8, 2023 (5 year) deadline is approaching, should the City Council decide to modify MMC Section 17.60.020(C), staff has included a resolution (Attachment 2) to initiate a ZTA per the Council’s guidance.

Procedural Considerations
Due to the pending submittal deadline to obtain a building permit for Planning Verification application to allow for the in-kind replacement of a legal nonconforming structure, property owners were encouraged to submit their time extension request prior to the November 8, 2020, deadline. These extensions requests will be placed on hold until the outcome of the City Council’s action is known. If a code amendment is adopted, these extensions will be considered moot.

Page 4 of 4 ends

Agenda Item # 5.A.

SUMMARY: The options presented may assist Woolsey Fire victims by modifying the Woosley Fire Fee Waiver program and rebuild deadlines. The options presented also distinguish between assisting property owners that have started the development process versus those that have not initiated development, which would require retroactively modifying deadlines that have passed.

ATTACHMENTS:

1. Resolution No. 23-40

2. Resolution No. 23-41
RESOLUTION NO. 23-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
SUPERSEDING AND REPLACING RESOLUTION NO. 21-62; DIRECTING

THE CITY MANAGER TO WAIVE CERTAIN FEES RELATED TO THE

REBUILDING OF STRUCTURES THAT WERE DAMAGED OR

DESTROYED BY THE WOOLSEY FIRE ON A PROPERTY USED AS A
PRIMARY RESIDENCE; AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest of encouraging the rebuilding of homes in the City that were lostin the Woolsey Fire, the City desiresto waive certain planning and building permit feesrelated to therebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by such owners as of November 8, 2018.

D. Property owners requesting a waiver of fees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification cardwith the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building, plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizing the waiving of certain fees from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2021.

Resolution No. 23-40

Page 2 of 3 ends

_____________________
J. On March 22, 2021, the City Council adopted Resolution No. 21-10 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2022.

K. On November 8, 2021, the City Council adopted Resolution No. 21-62 authorizing the waiving of certain fees, November 8, 2018 through December 30, 2023, related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence as of November 8, 2018. The City Council now desires to modify and replace Resolution No. 21-62 as herein described.

SECTION 2. Action
The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a likefor-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by June 30, 2024. (2) all required Planning Department applications for the project are deemed complete by June 30, 2024.
(3) all required building permits are pulled by December 30, 2024 (fees will have to be paid for any building permit pulled after December 30, 2024, before it will be issued. (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted Fee Schedule.
(5) in no case shall any fees be waived after December 30, 2024. (6) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy willonly be issued to the property owner who filed the affidavit establishing primary residence atthe time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate of Occupancy will be issued to an owner otherthan the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 21-62.

SECTION 3. Environmental Review.

The Council finds that the adoption and implementation of this resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

Resolution No. 23-40

Page 3 of 3 ends

_____________________
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
RESOLUTION NO. 23-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
INITIATING AN AMENDMENT TO MODIFY SECTION 17.60.020(C) TO MALIBU MUNICIPAL CODE CHAPTER 17.60 (NONCONFORMING

STRUCTURES AND USES) REGARDING PLANNING VERIFICATION
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. The City of Malibu issued Planning Verification approval to property owners whose homes were damaged or destroyed in the 2018 Woolsey Fire, pursuant to Chapter 17.060.020(C) of Title 17 of the Malibu Municipal Code.

B. The Malibu community has been rebuilding steadily in the aftermath of the Woolsey Fire and during the COVID-19 pandemic.

C. The City intends to continue its fee waiver program to benefit the remaining eligible property owners and desires to extend the period of time for Planning Verification submittals.

SECTION 2. Initiation.

Pursuant Malibu Municipal Code Chapter 17.74, the City Council hereby initiates an amendment to Malibu Municipal Code Chapter 17.60.020 pertaining to the deadlines in Subsection (C) to rebuild a legal nonconforming structure that was damaged or destroyed pursuant to a planning verification.

SECTION 3. Planning Commission Hearing.

The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with MMC Chapter 17.74. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify, or deny the proposed amendments. The Planning Commission’s recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.

SECTION 4. Certification.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 11th day of September 2023.

Resolution No. 23-41

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__________________
____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney

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Agenda Item # 6.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Robert Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 14, 2023 Meeting date: September 11, 2023 Subject: Outdoor Warning Sirens System
RECOMMENDED ACTION: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.

FISCAL IMPACT: Funding for the design of this project is included in the Adopted Budget for FY 2023-24 in Account No. 102-9219-5100 (Outdoor Warning Sirens - Design). The City was awarded funding through the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program (HMGP) for the design and environmental compliance of an outdoor warning siren system. The grant was awarded in the amount of $951,633.

The HMGP grant program requires a local funding match of at least 25% from the City, or $237,908.

The total project costs, including the installation of a siren system, is estimated to be $2,728,000. Since the project grant only contributes $951,663, additional funding is required to construct a siren system.

Funding Estimated Costs
Federal Match (75%)
City match (25%)
Total HMGP Amount
$713,755
$237,908
$951,663
Design Services
Pilot Phase
Construction/Installation
(32 Sirens)
Total
$198,000
$30,000
$2,500,000
$2,728,000
Funding Shortfall $1,776,367
City Council Meeting
09-11-23
Item

6.A.
1

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Agenda Item # 6.A.

Additional funding for this project could be obtained by seeking further grants or by additional appropriations from the General Fund undesignated reserve. The total amount of additional funds, if any, will be dependent upon which design alternative is selected.

WORK PLAN: This item was included as item 1.h. in the Adopted Work Plan for FY 2022-

23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: On November 12, 2018, the President declared the Woolsey Fire a major disaster, making federal disaster aid available to Los Angeles, Ventura, and Butte County.

In addition to the federal disaster funding for emergency response and repair, FEMA offered their HMGP that assists in implementing long-term hazard mitigation planning and projects to prevent or mitigate future disasters.

In the aftermath of the Woolsey Fire, the City pursued a variety of grant opportunities to secure funding for emergency preparedness, including improvements to emergency communications. The City also submitted a HMGP grant application for emergency sirens.

On February 5, 2021, the City was awarded the HGMP grant for the design of an outdoor warning siren system.

In December 2019, the City contracted with Mission Critical Partners to conduct a siren sound study to determine the optimum quantity and locations for an effective alerting system. A siren alerting system is an outdoor warning system designed to alert the public of an event or possible event, depending on how it is utilized. While there may be instances where someone will hear a siren indoors, depending on the construction of the building, location, and distance from the siren, siren systems are primarily for outdoor alerting.

Indoor notification is not guaranteed but is available through various other technologies.

Sirens are just one tool used in a comprehensive public safety alerting strategy and complement other alerting tools such as reverse 911 systems and wireless emergency alerts.

The study by Mission Critical Partners was completed in June 2020 and presented to the Public Safety Commission for a recommendation on August 5, 2020. The Commission recommended that an item be brought back as soon as possible with other options to consider as alternatives to sirens for alerting the community and visitors of a fire or other impending disaster threat with a specific focus on nighttime warnings.

At the November 9, 2020, Council meeting, Council received a presentation of the Siren Feasibility Report from Mission Critical Partners and directed staff to move forward with Option 2 (20 sites, Mix of High and Low Power Sirens) and to collaborate with the County of Los Angeles and Las Virgenes-Malibu Council of Governments. 2

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Agenda Item # 6.A.

On April 29, 2021, the City issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the Outdoor Warning Sirens Systems project. On November 22, 2021, the City entered into a Professional Services Agreement with Acoustic Technology Inc. (ATI) to provide engineering design services for the Outdoor Warning Sirens project. This agreement included an initial task of using computerized modeling systems, and field verification to evaluate specific locations for the proposed sirens.

In March 2022, a preliminary speaker orientation and placement using available information on topography, buildings, etc. to propose optimal coverage using a computer model was provided to the City. The preliminary design proposed 32 total sirens throughout the City to provide adequate acoustic coverage. The sirens were proposed to be installed within the City, County, or State property. The typical pole height of the sirens proposed was estimated to be 50 feet. The total cost of the proposed permanent siren system was estimated to be $2,500,000.

In 2022, the Outdoor Warning Sirens Steering Committee was formed to provide support and oversight to the project. The preliminary design was presented to the Steering Committee, and the Committee provided input on the design. The Steering Committee raised concern that the proposed design of 32 sirens of 50-foot poles and eight speakers may yield little support from the community. Through discussions with Acoustic Technology Inc., it was determined permanent sirens could be modified and reduced to 30 feet in height producing similar acoustic coverage.

Based upon the input from the Steering Committee and the Public Safety Commission, staff developed the following design alternatives for this project:

Alternative 1 – Pilot Phase
This design alternative includes the temporary installation of siren poles at various locations within the City. ATI, the City’s design consultant, can deploy temporary sirens on a trailer mounted system. The siren poles will have four speakers and will be 30 feet in height. The pilot program will be deployed at eight locations within the City over a couple of days and, weather permitting, within different environmental conditions. The eight locations were identified by high risk, high volume, fire prone regions, and areas that experienced limited notification. Each test location would require a temporary use permit (TUP) from the Planning Department for a two-week trial period. It was recommended to deploy the temporary sirens during high wind events similar to what is expected during a Santa Ana wind event. This will allow the public to witness in real time the implementation of the sirens. The pilot phase would not require additional funding and the final cost of a pilot phase would be determined by the number of deployable sirens to be rented. At the completion of the pilot phase, staff will present data and comments from the community to the Commissions for further recommendations.
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Agenda Item # 6.A.

Alternative 2 – Siren Permanent Installation
This alternative would include the installation of the 32 recommended sirens throughout the City. The height of the permanent sirens can range from 30 feet to 50 feet poles and would require separate Coastal Development Permits. The method of communication with the siren includes radios, IP ethernet, fiber optics, cellular modem, satellite modem, and microwave. In the event of power loss, the siren batteries provide a full week of standby time followed by at least 30 minutes of continuous activation. The current agreement with ATI includes the completion of the design services for these permanent poles. However, the construction and installation of the sirens and system would require additional funding of $1,776,367.

Alternative 3 – Phased Siren Permanent Installation
This alternative includes a phased installation of permanent sirens, beginning with the locations that have been identified as high risk. The height of the permanent sirens can range from 30- to 50-foot poles. The construction and installation of the sirens and system would require additional funding and the final amount would be determined by the number of sirens to be installed.

Alternative 4 – Indoor Notification Systems
As an alternative to outdoor warning sirens, Council may elect to explore the implementation of indoor notification systems. These types of systems can send alerts and messages to recipients who have receiver devices located inside their home or business. These alerts can include National Weather Service weather warnings, evacuation instructions, Amber Alerts, school closings, and other alerts generated by the City. Alert FM, a type of indoor notification system, can transmit information over a radio network in areas with good coverage. These devices can be installed inside the home and connected to continuous power via a USB connection. The devices have battery backup systems (AA-sized batteries) that can keep the device operational for 4 weeks without external power. Alert FM also has the capability of sending alerts and messaging via email and text. This type of system has been shown to be effective even during power, cellular, and network outages. Butte County and Shasta County have implemented similar systems.

On May 3, 2023, staff presented siren design alternatives to the Public Works and Public Safety Commissions. The outdoor siren alternatives were discussed as well as implementing a pilot program. The commissions also discussed the option of implementing an indoor warning system. At the conclusion of the meeting, the Public Works and Public Safety Commissions recommend implementing Alternative 1 – Pilot Phase, a trial program of the siren system.

Staff is seeking direction from City Council regarding the implementation of an outdoor warning system.
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Agenda Item # 6.A.

ATTACHMENTS:

1. Temporary Deployable Sirens

2. Pilot Testing Locations

3. Permanent Sirens

4. Permanent Sirens Locations
5 MHPSS
Mobile High Powered Speaker Station
• Exceptional acoustic performance and intelligibility
• Message encryption and security coding prevents unauthorized system activations
• 1600 Watts of continuous audio output power
• Up to 255 pre-recorded voice messages with up to 100 hours of recording time
• 60 minutes of continuous tone operation*
• 7 days of standby time without AC power
• 10 standard alert tones plus live PA broadcast ability • Automatic gain control for consistent output volume
• Remote control, monitoring, and activation
• Redundant communication paths available for larger
• MNS systems: IP (Ethernet), radio (UHF/VHF), fiber, twisted pair/phone-line, satellite, and cellular*
• Solar panel*
A high powered outdoor PA speaker mounted on a sturdy steel trailer for easy transport. Provides 1600 Watts of continuous audio output power for reliable alert tone notification and delivery of pre-recorded messages in emergency situations or for public address. Designed for temporary usage including military installations, sporting events, large public gatherings or construction sites where a permanent mass notification system is not cost-effective.

KEY FEATURES
30 Jeffries St. Boston, MA 02128 | 617.567.4969 | atisystems.com | [email protected] Attachment #1 6 PHYSICAL ATTRIBUTES HPSS 1600 Trailer 400W Speaker
Length: 40” 184” 19”
Width: 23” 80” 21”
Depth: 15” 22” 24.34”
Weight: 118 lbs 2500 lbs 45 lbs

ENVIRONMENTAL CHARACTERISTICS
Temperature: -40°C to +60°C
Humidity: 0 to 95% non-condensing
* Additional hardware/firmware may be required. § Assuming 2 or 4 12V 100AH batteries ELECTRICAL CHARACTERISTICS HPSS 1600 Watt HPSS 3200 Watt Supply Voltage: 120VAC 60Hz, 240VAC 50Hz 120VAC 60Hz, 240VAC 50Hz Supply Current Max: 5A 3A
Standby Current (24 VDC): 550mA typical § 550mA typical § Standby Time (without AC): > 7 days § > 7 days §
Activation Time Max: 60 minutes
(steady tone, full power) §
60 minutes
(steady tone, full power) §
Battery Backup: 2 to 12V 100AH* 2 to 12V 100AH*
Radio Power Supply: 12V DC, 12A max* 12V DC, 12A max*

COMMUNICATION I/O
Communication (to ATI units): UHF/ VHF RF, IP, Ethernet-over-Fiber, Telephone/ Twisted - DSL, Cellular, and Satellite RS485/RS232 Port: 1 maximum (either RS485 or RS232)*
Signaling Inputs: 8 maximum (configurable)*
Signaling Outputs: 8 maximum (configurable)*
Audio Out (for PA or FACP): Configurable 300/600 ohm balanced or unbalaced*

PRE-RECORDED MESSAGES/TONE CHARACTERISTICS
Alert Tones: 10 pre-configured alert tones
Recorded Messages: 255 max
Recording Time Max: 100 hours (depends on recording content) AMPLIFIER CHARACTERISTICS HPSS1600 HPSS3200
400W Speakers: Up to 4 UP to 8
Output Voltage: 25V 25V
Power max (audio/strobe): 1600W RMS 3200W RMS
Audio Bandwith: 250Hz to 5kHz 250Hz to 5kHz
Output Regulation: < 1dB no load to full load < 1dB no load to full load Amplifier Efficiency 90% 90%
7 PROPOSED PILOT LOCATIONS
Attachment #2
8 Attachment #3
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
Attachment #4
39

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Agenda Item # 6.B.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Mary Linden, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: August 22, 2023 Meeting date: September 11, 2023 Subject: Code Enforcement Ad Hoc Committee
RECOMMENDED ACTION: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attorney to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23.. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized. If Council determines to proceed, identification of priorities within the ongoing Work Plan efforts will need to be clarified and another project may need to be delayed.

DISCUSSION: At the August 14, 2023 City Council Regular meeting, the Council directed staff to bring back an item for the Council to consider forming an ad hoc committee to work with the City Attorney and staff on a review of the City’s code enforcement fines and penalties. Should the Council choose to form the Committee, it shall appoint two Councilmembers to the committee, and direct the committee report back to Council on its findings and recommendations. This project will need to be considered in relation to other City Council priorities to determine if there is enough bandwidth to work on this initiative.

ATTACHMENTS: None.

City Council Meeting
09-11-23
Item

6.B.

Malibu City CouncilSeptember 11, 2023

Malibu City Council
September 11, 2023