Agenda packet, second session — Malibu City Council, December 11, 2023 (part 2 of 4)

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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.

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. A coastal development permit issued in accordance with Section 13.13 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 a CDP. 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 a CDP. An ADU located inside of a multifamily dwelling and ADUs attached to a multifamily dwelling is not allowed. 17 Ordinance No. 510

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4. The City may charge a fee to reimburse it for costs incurred in processing CDP permits, including the costs of adopting or amending the City’s ADU ordinance. The CDP 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.

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.

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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.

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
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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.

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, 20 Ordinance No. 510

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storage sheds and landscaping but specifically not including guest houses or attached and detached 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 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;
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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).

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). 22 Ordinance No. 510

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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:

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:
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K. Amend Section 17.14.020(E) 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.

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 24 Ordinance No. 510

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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.

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). 25 Ordinance No. 510

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SECTION 7. Effective Date.

This Ordinance shall become effective upon certification by the California Coastal Commission.

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.

SECTION 9. Certification.

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

PASSED, APPROVED, and ADOPTED this _______ day of ___________ 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
26 Exhibit C
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 FINDING THE AMENDMENTS 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 ordinance (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 ordinance (LCPA 18-002 and ZTA No.18-004), provided direction to staff, and continued the item to a date uncertain.

S. On October 19, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties. 28 Ordinance No. 511

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T. On November 13, 2023, before consideration of the item, the public hearing was continued to November 27, 2023.

U. On November 27, 2023, the City Council held a duly noticed public hearing on the proposed ADU ordinance (LCPA 18-002 and ZTA No 18-004), and continued the item to the December 11, 2023 Regular City Council meeting.

V. On December 11, 2023, the City Council held a duly noticed public hearing on the proposed ADU ordinance (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.

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. 29 Ordinance No. 511

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SECTION 3. Zoning Text Amendment Findings.

Based on evidence contained within the record, including the agenda reports for and the hearings on September 11, November 27, and December 11, 2023, 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).

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. 30 Ordinance No. 511

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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. “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.

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“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 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:

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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. 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.
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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

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.

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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.

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:
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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 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 36 Ordinance No. 511

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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.

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. 37 Ordinance No. 511

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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.

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.
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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.

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.

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. 39 Ordinance No. 511

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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.

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.

SECTION 5. Effective Date.

In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption.

SECTION 6. Severability.

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SECTION 7. Certification.

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

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Agenda Item # 4.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joyce Parker-Bozylinski, Contract Planner
Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: November 16, 2023 Meeting date: November 27, 2023 Subject: An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units (Continued from November 13, 2023) RECOMMENDED ACTION: 1) Adopt Resolution No. 23-43 (Exhibit 1) determining Local Coastal Program Amendment (LCPA) No. 18-002 is exempt from the California Environmental Quality Act (CEQA) and amending Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the land use plan pertaining to accessory dwelling units; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510 (Exhibit 2), approving LCPA No. 18-002, an amendment to the Local Coastal Program (LCP) to update ADU regulations and determining the amendments are exempt from the CEQA; 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511 (Exhibit 3), approving Zoning Text Amendment No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the December 11, 2023 City Council Regular meeting.

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for Fiscal Year 2022-23.

STRATEGIC PRIORITY: This item supports the Accessory Dwelling Unit Ordinance priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

City Council Meeting
11-27-23
Item

4.A.
1 Exhibit D
42

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Agenda Item # 4.A.

DISCUSSION: On September 11, 2023, the City Council held a public hearing on the proposed ADU amendments, provided direction to staff, and continued the item to a date uncertain. A complete history of the Planning Commission and City Council hearings on the ADU ordinance can be found in the recitals in Exhibits (1, 2, and 3). The following paragraphs are new to this agenda report and discuss the specific items that the Council asked staff to address at the September 11, 2023 meeting. Starting with the Background section in the report, the information is the same as was provided in the September 11, 2023 Council Agenda Report.

At the September 11, 2023 public hearing, the City Council reached a consensus on most of the proposed amendments including adding an owner occupancy requirement in the LCP Local Implementation Plan (LIP). With an owner occupancy requirement, the property owner must reside in either the primary residence or in the ADU. If the City Council votes to add the requirement, the following language could be added to LIP Section 3.10(G):

7. Owner Occupancy. A natural person with legal or title to the property must designate the property, in either the primary dwelling or ADU, as their permanent residence.

The City Council continued the item in order to have additional time to discuss and reach consensus on options for street access, unit size, guest house terminology, and whether there were other regulations that could be added besides roadway width or two means of access to make ADUs safer since the entire City is in a Very High Fire Severity Zone (VHFHSZ).

The proposed language found in the attached Resolution No. 23-42 (Exhibit 1), Ordinance No. 510 (Exhibit 2), and Ordinance No. 511 (Exhibit 3) will be updated based on the final direction from the City Council at the November 27, 2023 hearing. If adopted, the Resolution and Ordinances will update the City’s regulations in the MMC and LCP for second units. Exhibits 4 and 5 are presented in underline/strikethrough format to highlight added and deleted language compared to existing code.

Two means of access – VHFHSZ
When the proposed amendments were last heard by the Planning Commission, they included a provision in the MMC which required a property to have two distinct means of vehicular access (public street), with a minimum of 24 feet in width, to a highway in order to have an ADU. The language required an increase in development standards but did not prohibit an ADU. The majority of the Planning Commission felt a better approach to address fire safety would be to require properties to maintain 20-foot wide streets as required by the Fire Department instead of requiring two means of access with increased development standards. It should be noted, the Fire Department does not currently 432

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review interior remodels (Junior ADUs) nor small additions to residences. However, staff would verify if the parcel has a 20-foot wide street in order to be eligible for an ADU.

At the September 11, 2023 hearing, the City Council felt that prohibiting ADUs on lots that did not have two means of access would be a safer approach but wanted further discussion on the requirement. Requiring two means of street access to a highway would result in at least 80-85 percent of properties in the City not being eligible to add an ADU. Exhibits of all Malibu neighborhoods are included in Exhibit 6. The maps utilize a red-star symbol to indicate which streets only have one means of access. Most canyon roads have only one means of access to a highway and any property located on a culde-sac would have only one means of access.

The requirement to have two distinct means of street access to a highway was intended to ensure that if one street access is blocked by fire, there would be another street that would provide access to a highway. In addition to Pacific Coast Highway, Kanan Dume Road is designated as County Highway N9 and Malibu Canyon Road is County Highway (N1).

Another factor for the City Council to consider is the requirement to have vehicular access be a minimum of 24 feet wide and improved with paving or other all-weather surfacing. Exhibit 7 provides the street widths of all public streets in Malibu. Street widths for private streets are not available. While most public streets have a minimum of 24 ft. of paving, the streets that do not currently have 24 feet of paving do have available rightof-way to widen the street. This would mean, however, that properties that rely on a street with less than 24 feet in width as one of the two means of egress would need to widen the street paving on that street even if the property was not located on that street before they could have an ADU. There are portions of Malibu Road and Morning View Drive that only have 22 feet of paving. If the Council wishes to keep the two means of access requirement without the need to increase the paving on a street, they could consider requiring a paved road width of less than 24 feet.

If the Council wishes to move forward with the two means of access requirement in the MMC, the language would likely not be approved by the State Department of Housing and Community Development (HCD) without evidence that allowing ADUs in the VHFHSZ results in an increased risk to public safety. Staff reviewed HCD letters sent to other jurisdictions that contain similar language and, in each instance, the language was not accepted by HCD.

In a letter to Rancho Palos Verdes1 HCD advised the City that the provision would need to be removed or the City would need to provide evidence that the restriction was necessary to protect public safety. The letter stated that HCD observed that the City’s 1 City of Rancho Palos Verdes - HCD Technical Assistance Letter dated August 29, 2022 443

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Agenda Item # 4.A.

General Plan Land Use, Housing, Safety, and Circulation Elements raised no concerns about housing in the VHFHSZ and proposed no housing restrictions or access concerns with regard to fire safety. HCD further indicated the City placed no similar restrictions on the construction or expansion of any other residential structures in the VHFHSZ and the City provided no evidence that its infrastructure was insufficient to handle ADUs or that two distinct means of vehicular access would be necessary in every case where an ADU is added in a VHFHSZ.

The letter also noted that neither the Los Angeles County Fire Department nor Cal Fire recommended that ADUs be limited in the VHFHSZ and that HCD was unaware of any traffic or other studies completed by the City that indicate that the City’s infrastructure is inadequate to support the development of ADUs in the VHFHSZ or that evacuation would be impacted by ADUs in any material way.

This same type of evidence will likely be required before HCD would approve a requirement for two means of access in Malibu given the number of properties that would be prohibited from having an ADU. HCD will also likely require similar evidence if the City requires a 20-foot wide street. Since most ADUs will be processed under the LCP, the staff recommends not adding any additional regulations/restrictions to the MMC. If HCD finds that the City’s ordinance does not comply with State law, the City would need to revise the ordinance which would require additional Planning Commission and City Council hearings which will further delay the adoption of the ADU ordinance. In addition, having a non-compliant ADU ordinance could also impact the timing for the adoption of the Housing Element. HCD will not allow cities to count ADUs towards their Regional Housing Needs Assessment (RHNA) unless the City has a compliant ADU ordinance. The Draft Housing Element relies on ADUs to help meet the City’s lowincome housing needs. In addition, if the City adopts an ordinance that HCD deems to be non-compliant with State law, HCD can notify the Office of the Attorney General. (Gov. Code § 65852.2(h).)
Unit Size
For ADUs processed under the MMC, State law sets a minimum size of 850 square feet for a studio or one-bedroom and 1,000 square feet for a two- or more-bedroom unit.

Those minimum structure sizes are included in the MMC to ensure consistency with the State ADU law. In the LCP, the Planning Commission recommended a minimum of 400 square feet and a maximum of 1,200 square feet for an ADU. Establishing a maximum size of 1,200 square feet would be consistent with the square footage allowed for temporary housing for fire rebuilds. LIP Section 3.6(M) and MMC Section

17.40.040(A)(18) provide standards for temporary housing that allow a maximum of 1,200 square feet and provide for the removal of the temporary housing prior to final approval of the residence unless the temporary housing structure is permitted and is 454

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Agenda Item # 4.A.
converted into a permanent structure such as an ADU. This provision was included in Ordinance No. 445 which was adopted after the Woolsey Fire.

Other options include a maximum of 1,000 square feet consistent with the maximum in the MMC or 900 square feet, the current maximum for second units. If the City Council wishes to reduce the size of an ADU from the proposed 1,200 square feet, for consistency, they may wish to consider utilizing a 1,000 square-foot limit in order to match the maximum size allowed in the MMC. This could help lessen any potential confusion for residents and staff when considering an application for an ADU. In addition, the Council could add a non-conforming clause to the LCP for those fire-build properties that have already converted or intend to convert an existing legally established 1,200-square foot temporary housing to an ADU. The Environmental Sustainability Department has stopped issuing temporary power poles for temporary homes but is likely to issue them again in the future depending on the circumstances. If the City Council wants to add a non-conforming provision, the following language could be included in the amendments:

Non-Conforming Provisions: Properties impacted by the 2018 Woolsey Fire that received a City permit for a temporary housing structure pursuant to LIP Section

3.6(M) (or MMC Section 17.40.040[A][18]) may convert the existing legally established temporary housing to an ADU even if the temporary housing exceeds the square footage limits established by this Chapter. However, (1) such an ADU cannot exceed 1,200 square feet and (2) the building permit for, and construction of, the temporary housing must have occurred before November 27, 2023.

Additional Regulations to Increase Safety
After further analysis, staff has not identified any additional regulations it recommends to be included in the proposed ADU ordinance to increase public safety. As discussed previously, staff is uncertain whether adding additional requirements not specifically provided for in State law would be approved by HCD, especially if the regulation would prohibit ADUs in much of the City. While State law does allow cities to consider public safety in determining where to allow ADUs, the City would need to provide adequate evidence that the regulation would be needed to protect public safety.

Guest House Terminology
The Council requested that staff consider using different terminology for a guest house to better distinguish between a guest house with no kitchen and an ADU with a kitchen.

Staff had originally changed all references to a guest unit to a guest house in an effort to distinguish a guest house from an accessory dwelling unit. Further research confirms that the term guest house is commonly used in other jurisdictions and is also found in other locations in the LCP and MMC. Generally, similar terms for a guest house such as 465

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guest quarters or visitors’ quarters may not help make the distinction whether a kitchen is allowed. However, using the word “quarters” would remove the term “house” from the title which could help distinguish between an ADU. Another means to highlight the difference could include adding the words “no kitchen” in the definition title of a guest house. For instance, the definition could read as follows:

GUEST HOUSE (No Kitchen) - attached or detached living quarters on the same premises as a single-family residence for the use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities and not rented or otherwise used as a separate dwelling. The maximum living area of a guest house shall not exceed nine hundred (900) square feet, including any mezzanine or storage space. A guest house 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.

Also, the Title of the section in the LIP and MMC, which provides the development standards for guest houses, could also be revised to read as follows:

LIP Section 3.6. (N)(1) Guest Houses (No Kitchen) -...

MMC Section 17.40.040(A)(21) Guest Houses (No Kitchen) -...

Making these changes would make it easier for both applicants and staff to quickly distinguish between the two housing types.

Background
The City Council initiated LCPA No. 18-002 and ZTA No. 18-004 in June 2018. A variety of factors, including the Woolsey Fire and COVID-19 meeting restrictions, delayed the Planning Commission’s ability to consider the amendments in a timely manner. The Planning Commission held three hearings on the ADU ordinance including a Special Planning Commission hearing on March 14, 2023. At that hearing, the Planning Commission unanimously recommended approval of the amendments with modifications. A complete history of the Planning Commission and City Council hearings on the ADU ordinance can be found in the recitals in the Exhibits (1, 2, and 3).

During the Commission’s deliberations on March 14, 2023, straw votes were taken over the course of the deliberations and some of the votes were not unanimous, including provisions requiring two means of access and a requirement that property owners be required to report the ADU rental rates as opposed to being asked to report the rates to the City. The Planning Commission recommendations are further discussed below. 476

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In preparation for the City Council hearing, the City Attorney's Office provided recommended changes to the ADU regulations in the MMC. These changes were intended to ensure that the language in the ordinance matches the language in the State ADU statute. These recommended changes resulted in a reorganization of the ordinance and the revision of some sections to ensure the proposed language was narrowly focused on the language used in the statute. These recommended changes did not result in substantial changes from what the Planning Commission approved.

Proposed ADU Ordinance
The proposed language found in Resolution 23-43 (Exhibit 1), Ordinance No. 510 (Exhibit 2) and Ordinance No. 511 (Exhibit 3) will update the City’s regulations for second units. Exhibits 4 and 5 are presented in underline/strikethrough format to highlight added and deleted language compared to existing codes.

In implementing this ADU ordinance the City is seeking to balance the issues relevant to development in the Coastal Zone with the policies put forward by State ADU law. With the proposed amendments, the MMC will include all required State standards and provide for ministerial processing of ADUs consistent with State law. Introductory language in the MMC makes it clear since ADU law does not supersede the Coastal Act, every new ADU will first be subject to analysis for compliance with the LCP before it is reviewed for compliance with the MMC. The proposed LCPA would require attached, detached, and converted (ADUs created from an existing accessory building) to obtain an Administrative Coastal Development Permit (ACDP) and meet the standards set forth in the LCP.

Review and Processing
Second units are currently allowed with an ACDP. The proposed permitting process for ADUs will be the same as for second units under the current code. That process includes requirements for public noticing, reporting Director approvals to the Planning Commission where, by majority vote, the Commission can require a full Coastal Development Permit (CDP), and the ability for the public to appeal the decision of the Director to the Planning Commission and to the City Council, and if the property is within the appeal zone, it may be appealed to the California Coastal Commission (CCC).

If a project does not meet the definition of development per the LCP, then the project would be processed per the MMC. Consistent with State law, there are two options for ADU processing in the MMC (refer to the new MMC Chapter 17.44 in Exhibit 3). First, if a project is one of four specific, limited types, it would be processed with a building permit only. Second, if the ADU does not meet one of those four types, then the ADU would be processed as an Administrative Plan Review (APR). Some ADUs, even if they are not considered development per the LCP, may require upgrades to the Onsite 487

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Wastewater Treatment System (OWTS), which will require a CDP (LIP Section 13.29). In these cases, the APR will be processed separately from the OWTS-only CDP.

Under the proposed ordinance and consistent with California Coastal Commission guidance, ADUs created from a habitable space inside an existing single-family dwelling such as a bedroom (Junior ADU) or inside an existing single-family residence, otherwise known as Internal ADUs are not considered development for purposes of the LCP and as such, will be processed under the MMC as an Administrative Plan Review (APR) which is a Planning Director ministerial project. ADUs proposed in a non-habitable space such as a garage would require an ACDP.

There are no public notice requirements for APRs. However, members of the public may file a “Request for Review” of the APR action to the Planning Director. The purpose is for the Planning Director to conduct a second review of the action. Pursuant to MMC

17.04.220, an appeal to the Planning Commission cannot be made unless a Site Plan Review for height or reduction of setbacks is proposed with the project. In the case of an ADU proposed for an existing single-family house, height and setbacks would remain the same.

State law allows both a Junior ADU (JADU) and an ADU to be built on the same property. While there could be an increase in cases where someone wants both a JADU and an ADU, staff has no way of determining which properties might choose to build both. As required by State law, JADUs are subject to an owner-occupancy requirement.

The property owner would need to reside in either the JADU or the main residence in order to have a JADU. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

Short-Term Rentals (STRs)
ADUs permitted ministerially under MMC Section 17.44.060(A) must be rented for terms longer than 30 days2. For ADUs not processed pursuant to MMC Section 17.44.060(A), State ADU law provides that cities may require that an ADU be used for rentals of terms longer than 30 days. The proposed LCPA and MMC prohibit STRs in ADUs in all instances. While the City’s STR ordinance, considered but not approved by the CCC, did not prohibit STRs in ADUs, the Planning Commission expressed that since ADU laws were intended to increase the amount of long-term housing, STRs should be prohibited in ADUs.
2 Gov. Code, §65852.2, subds. (a)(6) and (e)(4)
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ADUs processed under the MMC and LCP would be required to record a deed restriction. Currently, staff has been addition a condition of approval requiring a deed restriction when a project proposes a second unit, restricting a property to only one second unit meeting the definition of LIP Section 2.1. The LCPA and ZTA proposes additional deed restrictions as part of the ADU Ordinance that will require the property to comply with restrictions such as restrictions against sold separate from the primary dwelling, restrictions against renting ADUs for less than 30 days, and restrictions against increasing the approved size of an ADU without City approval among others.

Relationship to Housing Element and Regional Housing Needs Assessment (RHNA)
The Housing and Community Development (HCD) direction on updating housing elements as it relates to ADUs indicates housing elements must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. Cities can use ADUs to meet up to 15 percent of their RHNA. As part of the Housing Element, a jurisdiction must include an analysis of the anticipated affordability of ADUs in order to determine which RHNA income category (very low, low, moderate, and above moderate) they should be counted toward.

The ADU Ordinance includes a requirement that property owners report the actual rent charged for an ADU to assist the City in identifying sites to meet RHNA. Language in the draft ordinance “asked” the property owner to provide the rental information but a majority of the Planning Commissioners voted to “require” the property owner to report the information. In a recent discussion with HCD, they indicated they would accept the Southern California Association of Governments (SCAG) formula for determining ADU affordability for the City’s RHNA.

As part of the 6th Cycle (2021-2029) Housing Element process, SCAG conducted an affordability analysis3 for determining affordability in order to provide local governments in the SCAG region with assumptions for ADU affordability that can be used to assign ADUs to income categories. Efforts were made to reflect the geographic distribution, size, and other characteristics of ADUs across the various counties/subregions. Los Angeles County is separated into two categories to better account for the disparities in housing costs between coastal and inland jurisdictions. The City’s 6th Cycle Housing Element is currently being updated in response to HCD comments and will rely upon the SCAG formula to determine affordability.
3 https://scag.ca.gov/sites/main/files/file-attachments/adu_affordability_analysis_120120v2.pdf?1606868527 509

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Development Standards
The proposed development standards for ADUs in the MMC and LCP are summarized below.

Unit Size
For ADUs processed under the MMC, state law sets a minimum size of 850 square feet for a studio or one-bedroom and 1,000 square feet for a two- or more-bedroom unit.

Those minimum structure sizes are included in the MMC to ensure consistency with the State ADU law.

In the LCP, the Planning Commission recommended a minimum of 400 square feet and a maximum of 1,200 square feet for an ADU. Establishing a maximum size of 1,200 square feet would be consistent with the square footage allowed for temporary housing for fire rebuilds. After the Woolsey Fire, the Council adopted Ordinance No. 445 which allowed fire rebuild applicants to place temporary housing on their properties with a trailer or fabricated structure not to exceed 1,200 square feet4. That decision was made to ensure a trailer or other prefabricated structures could be placed on the property to accommodate the residents comfortably until they were able to rebuild their homes.

Some residents invested in prefabricated temporary homes that could potentially be permitted as ADUs after the rebuild of their homes. Currently, second units are limited to 900 square feet in size.

Height
The proposed allowed height for an ADU in the MMC is 16 feet above existing or finished grade, whichever results in the lower building height. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed dwelling located within one-half mile from a major transit stop or is a detached ADU created on a lot with an existing or proposed multifamily dwelling. 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.

For the LCP, the Planning Commission recommended a height limit of 16 feet above grade as measured from existing or finished grade, whichever results in the lower building height. The Director may allow heights up to 24 feet with a Site Plan Review.

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 4 The temporary housing regulations were placed in MMC Section 17.40,040.A.18. 5110

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exceed 18 feet in height. The current allowed height for a second unit is 18 feet and up to 24 feet for a flat roof and 28 feet for a pitched roof with a Site Plan Review.

The Commission also agreed to make the existing language in the LCP limiting a second story to 2/3rds of the first-story consistent with the language in the MMC. Since the language in the MMC is the most restrictive and is currently used by staff when determining 2/3rds, staff revised the 2/3rds language in the LCP to be consistent with the MMC language. The language in both documents would now indicate that 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...”. Having consistent language in both documents will avoid any questions or confusion in the future. This revised language would apply to both ADUs and single-family dwellings.

Setbacks
Consistent with State law, in the MMC, the proposed side and rear setback for ADUs is four (4) feet. In the ordinance considered by the Planning Commission a five (5) foot side and rear setbacks were required on properties without two means of access to a highway. The Planning Commission requested that staff add a cross reference between the two sections to avoid confusion; however, the section relative to having two means of access was deleted consistent with the Planning Commission direction to utilize street width as the criteria to determine whether a property can have an ADU or increased development standards were required so a cross reference was no longer needed. In the LCP, detached, attached, and converted ADUs must meet the current setback requirements for a second unit.

Parking
The parking requirement for an ADU is one space, which is consistent with the existing second unit regulations. This parking requirement would be the same in both the MMC and LCP. Consistent with State law, parking is not required for JADUs which would be processed under the MMC.

At its March 7, 2022 meeting, based on concern about the cumulative impact of allowing ADUs, the Planning Commission requested additional studies and referrals. On August 22, 2022, the City Council considered the request and directed staff to minimize changes to the LCP by utilizing most of the existing second unit regulations, which currently protect coastal resources and public access.

In order to be consistent with State law, the proposed MMC modifications do not require replacement parking for a converted garage and also include other exceptions to provide parking. One such parking exemption is that no parking is required when an ADU is located within 0.5-mile walking distance of public transit. These exceptions have been 5211

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removed from the LCPA per the Planning Commission's recommendation. ADUs processed under the LCP will require replacement parking.

After staff updated the proposed ordinance to make parking and other development standards consistent with existing second unit regulations, Coastal Commission staff reviewed the revised draft and indicated that the City should, where appropriate, try to harmonize the LIP changes with State ADU law, not just for parking requirements but other development standards as well.

The Planning Commission expressed that since the City was entirely within in a Very High Fire Hazard Severity Zone (VHFHSZ) there should be no exemptions or exceptions for providing on-site parking or reducing other development standards.

Road Width - VHFHSZ
The proposed ordinance reviewed by the Planning Commission included language that required an increase in development standards, but did not prohibit an ADU, on lots that did not have two means of access with at least 24 feet in width to a highway. This language was similar to language in the Los Angeles County North Area Plan but in that code, ADUs were prohibited on properties that did not have two means of access with 24 feet in width to a highway. This same language is not included in the Santa Monica Mountains LCP which covers the County area directly abutting the City in the coastal zone. The Santa Monica Mountains LCP uses different standards for allowing ADUs such as distance from Pacific Coast Highway and the steepness of slopes on a property.

Vehicular access must be from a street with a right of way of at least 60 feet.

The majority of the Planning Commission felt a better approach to address fire safety would be to follow existing Los Angeles County Fire Department requirements which require a 20-foot-wide width for roads serving two dwelling units.

ADUs on Multifamily Properties
The proposed LCPA would not allow ADUs located inside multifamily dwellings. An ADU must have its own separate entrance. The proposed LCPA also prohibits ADUs attached to a multifamily structure but allows detached ADUs with an ACDP. The MMC has similar provisions as detached ADUs are allowed in the same manner as a detached ADU on a property with a single-family dwelling but ADUs, including a JADU, are not allowed inside a multifamily dwelling. ADUs are allowed in the non-habitable portions of a multifamily building such as a garage or storage area. Since increasing the number of dwelling units on existing multifamily properties in the City, especially if those units removed existing parking, would have a negative impact to both onsite wastewater systems and available parking, the proposed LCPA would not allow conversion of nonhabitable portions of a building to ADUs. 5312

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ENVIRONMENTAL REVIEW: 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 CCC before it takes effect. 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 CEQA pursuant to CEQA Guidelines Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating the 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 Planning Director 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 Planning Director 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.

PUBLIC NOTICE: On October 19, 2023, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties (Exhibit 8).

SUMMARY: Staff recommends that the City Council adopt Resolution No. 23-43 and introduce Ordinance No. 510 and Ordinance No. 511 approving LCPA No. 18-002 and ZTA No. 18-004 approving regulations for accessory dwelling units.

Pursuant to State law5, the City must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of the ordinance, HCD may review and submit written findings to the City as to whether the ordinance complies with State ADU Law.
5 Gov. Code, § 65852.2, subd. (h)(1)
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Agenda Item # 4.A.

EXHIBITS:

1. Resolution No. 23-43

2. Ordinance No. 510

3. Ordinance No. 511

4. LCP Amendment Redline

5. ZTA Redline

6. Street Access Exhibits

7. Public Street Width Chart

8. Public Hearing Notice
5514
Exhibit 1
RESOLUTION NO. 23-43

A RESOLUTION OF THE CITY OF MALIBU DETERMINING LOCAL
COASTAL PROGRAM AMENDMENT NO. 18-002 IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING
CHAPTER 3 (MARINE AND LAND RESOURCES) AND CHAPTER 5 (NEW

DEVELOPMENT) OF THE LAND USE PLAN PERTAINING TO ACCESSORY

DWELLING UNITS
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

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.

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

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
15 Superseded Draft 56
Resolution No. 23-43

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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 would not 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 the March 14, 2023 Special Planning Commission meeting.

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

S. On October 19, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties. 16 Superseded Draft 57
Resolution No. 23-43

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_____________________
T. On November 13, 2023, before consideration of the item, the public hearing was continued to November 27, 2023.

U. On November 27, 2023, the City Council held a duly noticed public hearing on the proposed ADU ordinance (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.

SECTION 3. Local Coastal Program Findings.

Based on evidence contained within the record, including the agenda reports for and the hearings on September 11 and November 27, 2023, the City Council hereby finds that the proposed amendment meets the requirements of, and is in conformance with, the policies and requirements of Chapter 3 of the California Coastal Act.
17 Superseded Draft 58
Resolution No. 23-43

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_____________________
A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated development standards specific to accessory dwelling units ensure that development of affordable housing may occur in compliance with State housing element law, while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goal of protecting coastal resources.

B. As a part of the LIP, the updated accessory dwelling unit development standards ensure that future development projects and land uses within specific zoning districts conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for accessory dwelling units achieves LIP Sections 1.2(D) and (G) (guides future growth and development), LIP Section 1.2(F) (promotes public health, safety, and general welfare), and LIP Section 1.2(K) (assures adequate public uses, facilities, and improvements).

SECTION 4. Local Coastal Program Amendment No. 12-002, Amendments to the Land Use Plan (LUP).

The City Council hereby amends the LUP as follows:

A. Policy 3.42(c) of LUP Chapter 3, is amended to read as follows. All other subsections of Policy 3.42 remain the same.
c. Limiting the maximum number of structures to one main residence, 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.

B. Paragraph 4 of A(2). Land Use Plan Provisions of LUP Chapter 5, is amended to read as follows. All other paragraphs remain the same.

The LUP policies address new residential development. The maximum number of structures allowed in a residential development is one main residence, one 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.

C. Policies 5.21, 5.22, 5.23, and 5.24 of LUP Chapter 5 are amended to read as follows:

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, 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. 18 Superseded Draft 59
Resolution No. 23-43

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_____________________

5.22 Accessory dwelling units shall be limited in size to a maximum of 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. Garages that are part of an accessory dwelling unit or guest house, shall not exceed 400 square feet (two-car) maximum. The area of a garage provided as part of a guest house or accessory dwelling unit shall not be included in the 900 or 1,200 square foot limit, respectively.

5.23 One onsite enclosed or unenclosed parking space shall be required for the exclusive use of an accessory dwelling unit or guest house.

5.24 New development of an 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.

SECTION 5. Effective Date.

This Ordinance shall become effective after certification by the California Coastal Commission.

SECTION 6. Severability.

Should any section, subsection, clause, or provision of this Resolution 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 Resolution; it being hereby expressly declared and this Resolution, 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.

SECTION 7. 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 27th day of November 2023. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
19 Superseded Draft 60
Resolution No. 23-43

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_____________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
20 Superseded Draft 61
Exhibit 2
ORDINANCE NO. 510

AN ORDINANCE OF THE CITY OF MALIBU APPROVING LOCAL
COASTAL PROGRAM AMENDMENT 18-002, AN AMENDMENT TO THE

LOCAL COASTAL PROGRAM 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.

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.

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

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
21 Superseded Draft 62
Ordinance No. 510

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____________________

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.

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

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

S. On October 19, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties. 22 Superseded Draft 63
Ordinance No. 510

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____________________

T. On November 13, 2023, before consideration of the item, the public hearing was continued to November 27, 2023.

U. On November 27, 2023, the City Council held a duly noticed public hearing on the proposed ADU amendment 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.

SECTION 3. Local Coastal Program Findings.

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____________________

A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated development standards specific to accessory dwelling units ensure that development of affordable housing may occur in compliance with State housing element law, while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goal of protecting coastal resources.

SECTION 4. Local Coastal Program Amendment No. 18-002, Amendments to the Local Implementation Plan (LIP).

The City Council hereby amends the LIP as follows:

A. Add new definitions inserted in alphabetical order to LIP Section 2.1 (Definitions) to read as follows:

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.
24 Superseded Draft 65
Ordinance No. 510

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____________________

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). 25 Superseded Draft 66
Ordinance No. 510

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____________________

B. Amend the following definitions contained in LIP Section 2.1 (Definitions) to read as follows:

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. 26 Superseded Draft 67
Ordinance No. 510

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G. Amend LIP 3.6(K)(2) to read as follows:

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.
27 Superseded Draft 68
Ordinance No. 510

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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.

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

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C. Definitions. Definition of terms used in this Section can be found at Section 2.1 – General Definitions.

F. Coastal Development Permit required.

3. Detached ADUs on a multifamily zoned property shall require a CDP. An ADU located inside of a multifamily dwelling and ADUs attached to a multifamily dwelling is 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.

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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.

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.

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protect coastal resources, the requirements which are most protective of coastal resources shall prevail.

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.

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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.

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:

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

32 Superseded Draft 73
Ordinance No. 510

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

M. Amend LIP Section 13.13.1 to read as follows:

1. Improvements to any existing structure;

2. Any single-family dwelling;

3. Lot mergers;

5. Water wells.

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

22. Subject to Accessory Development Standards (Section 3.10).

SECTION 7. Effective Date.

This Ordinance shall become effective upon certification by the California Coastal Commission.

SECTION 8. Severability.

SECTION 9. Certification.

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

PASSED, APPROVED, and ADOPTED this ______ day of ________ 2023. _____________________________
STEVE UHRING, Mayor
34 Superseded Draft 75
Ordinance No. 510

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ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
35 Superseded Draft 76
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.

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.

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

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
36 Superseded Draft 77
Ordinance No. 511

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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.

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

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

S. On October 19, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties. 37 Superseded Draft 78
Ordinance No. 511

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T. On November 13, 2023, before consideration of the item, the public hearing was continued to November 27, 2023.

SECTION 2. Environmental Review.

SECTION 3. Zoning Text Amendment Findings.

Based on evidence contained within the record, including the agenda reports for and the hearings on September 11 and November 27, 2023, pursuant to Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:

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enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

SECTION 4. Zoning Text Amendment No. 12-002, Amendments to the Malibu Municipal Code (MMC).

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.

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.

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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;

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.
40 Superseded Draft 81
Ordinance No. 511

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“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.

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.

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 41 Superseded Draft 82
Ordinance No. 511

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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.

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.

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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

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.

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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.

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.
44 Superseded Draft 85
Ordinance No. 511

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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.

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.

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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

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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.

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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.

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.

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

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B. Unpermitted ADUs constructed before 2018.

SECTION 5. Effective Date.

In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption.

SECTION 6. Severability.

SECTION 7. Certification.

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

PASSED, APPROVED, and ADOPTED this ______ day of ________ 2023. _____________________________
STEVE UHRING, Mayor
49 Superseded Draft 90
Ordinance No. 511

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ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
50 Superseded Draft 91
1 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)
9251
Exhibit 4
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 9352
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 9453
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. 9554
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, DETACHED - an accessory dwelling unit that is not an attached accessory dwelling unit.

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:
9655
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. 9857
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:
9958
9 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 100 59
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)) 101 60
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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12 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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13 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 104 63
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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15 C. Definitions. Definition of terms used in this Section can be found at Section 2.1 – General Definitions.

F. Coastal Development Permit required.

3. Detached ADUs on a multifamily zoned property shall require a CDP. 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. 106 65
16 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.

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. 107 66
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.
108 67
18 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 109 68
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 attached and detached 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
110 69
20 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; 111 70
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.

112 71
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) 113 72
23 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. , except that 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)

114 73
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)]. 115 74
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). 116 75
1 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
Exhibit 5
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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). 118 77
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:
119 78
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)
120 79
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) 121 80
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) 122 81
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. 123 82
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.
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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. 125 84
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.
126 85
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) 127 86
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. 128 87
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;
129 88
14 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.

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.
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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 131 90
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. 132 91
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, 133 92
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.

H. Building and Safety.
134 93
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

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.
136 95
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.

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.

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.
138 97
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 139 98
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)
140 99
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 • • • • • • • • • • • •
141 100
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. 142 101
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU.

Exhibit 6
143 102
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 144 103
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org Find a location
© 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have a ADU. 145 104
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 146 105
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 147 106
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 148 107
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 149 108
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red Star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 150 109
City of Malibu 23825 Stuart Ranch Road | 310.456.2489 | www.malibucity.org © 2023 TomTom, © Vexcel Imaging, © 2023 Microsoft Corporation Terms Terms 500 feet 500 feet 100 m
Red star indicates streets with one means of access. Properties located beyond the red star could not have an ADU. 151 110
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 1 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
1 Private Anacapa View Drive ### J6
2 Private Andromeda Lane ### B7
3 Private Avenida Del Mar ### D6
4 Private Avenue De Encinal ### E6
5 City Baden Place Merritt Dr-1000' E 1,000 24 40 2 4 3/3 45 98 Rural ### C2 6 City Bailard Road 810' w/o Linita - 610' w/o Lunita 200 24 50 4 41 84 Rural ### J7 7 City Bailard Road 610' w/o Lunita - 525' w/o Lunita 85 32 32 4 8 1 2 41 84 Rural ### J7 8 City Bailard Road 525' w/o Lunita - 326' w/o Lunita 199 32 32 2 5 1 2 41 84 Rural ### J7 9 City Bailard Road 326' w/o Lunita - Lunita 326 24 50 4 41 84 Rural ### J7 10 Private Bailard Road Rural ### J7
11 City Bayberry Lane 325' s/o Laurel Ridge - 80' n/o Laurel Ridge 405 34 58 2 10 2 2 72 2001 88 Rural ### F6 12 Private Beckledge Terrace ### B6
13 City Big Rock Drive Cool Oak - Little Rock 1,751 26 60 5 3/3 47 95 73 98 ThermRural ### H5 14 City Big Rock Drive Little Rock - Pinnacle 200 26 60 5 5/3 47 95 73 98 ThermRural ### H5 15 City Big Rock Drive Pinnacle - 786' w/o Seaboard 1,255 26 60 5 3/3 47 95 73 98 ThermRural ### H5 16 City Big Rock Drive 786' w/o Seaborad - Inland 1,535 32 50 4 4 1 2 47 95 73 98 ThermRural ### H5 17 City Big Rock Drive Inland - 245' e/o Inland 245 32 50 6 4 1 2 47 95 98 ThermRural ### H5 18 City Big Rock Drive 245' e/o Inland - 400' w/o PCH 1,865 26 60 6 3/4 95 98 ThermRural ### H5 19 City Big Rock Drive 400' w/o PCH - PCH 400 26 60 8 3/4 66 95 98 ThermRural ### H5 20 City Birdview Avenue Westward Beach - 300' w/o Bluewater 2,015 24 60 6 4 2/3 59 87 Rural ### D3 21 City Birdview Avenue 300' w/o Bluewater - Cliffside 3,240 26 60 4 4 2/3/2 87 Rural ### D3 22 City Bison Court Fernhill - 1145' e/o Fernhill 1,145 22 40 4 4 2/2 46 95 75 Rural ### F3 23 City Blue Dane Lane 595' w/o Malibu Country - Malibu Country 595 34 58 2 8 2 2 72 2001 88 Urban ### G7 24 City Bluewater Road Birdview - 750' e/o Birdview 750 26 50 3 9 3/3/9 86 2001 Rural ### D3 25 City Bluewater Road 750' e/o Birdview - 240' w/o dume 1,240 26 50 3 4 3/3 46 2001 Rural ### D3 26 City Bluewater Road 240' w/o Dume - Dume 240 26 50 3 9 3/3/9 86 2001 Rural ### D3 27 City Boniface Drive Portshead - 500' w/o Fernhill 1,000 24 60 6 4 2/3 95 Rural ### F3 28 City Boniface Drive 500' w/o Fernhill - Fernhill 500 26 60 7 4 66 95 Rural ### F3 29 City Bonsall Drive PCH - Rainsford 1,520 24 50 4 4 65 98 98 ThermRural ### D2 30 City Bonsall Drive Rainsford - 1800' n/o Rainsford 1,800 24 50 4 4 75 98 98 ThermRural ### D2 31 City Bonsall Drive 1800' n/o Rainsford - 3550 n/o Rainsford 1,750 24 50 4 4 84 98 98 ThermRural ### D2 32 City Broad Beach Road PCH - 875' e/o PCH 875 20 60 8 c 4/4 Rural ### H7 33 City Broad Beach Road 875' e/o PCH - 75' e/o Bunnie 520 38 60 2 6 1 2 Rural ### H7 34 City Broad Beach Road 75' e/o Bunnie - 255' w/o Sealevel 695 20 60 2/8 4/4 Rural ### H7 35 City Broad Beach Road 255' w/o Sealevel - 20' e/o Sealevel 275 40 60 2/8 5 1 2 69 Rural ### H7 36 City Broad Beach Road 20' e/o Sealevel - 750' e/o Sealevel 730 30 60 2/8 1 2 Rural ### H7 37 City Broad Beach Road 750' e/o Sealevel - 1200' e/o Sealevel 450 28 60 2/8 2/2 Rural ### H7 38 City Broad Beach Road 1200' e/o Sealevel - Sealevel 4,540 20 60 2/8 Rural ### H7 39 City Bunnie Lane Broad Beach - 175' n/o Broad Beach 175 30 50 2 4 2 58 73 Rural ### G7 40 City Busch Drive PCH - Rainsford 2,270 24 60 7 4 45 95 Rural ### D1 41 City Busch Drive Rainsford - Merritt 1,930 24 60 5 6 3/2 45 98 Rural ### D1 42 City Busch Drive Merritt - 100' n/o Cuthbert 2,880 26 60 8 4 2/2 0 Rural ### D1 43 Private Calicut Road ???????? ### J6
44 Private Calle De La Buritta ### D6 Exhibit 7
152 111
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 2 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
45 City Calle Del Barco 1050' w/o Paseo Hidalgo - Paseo Hidalgo 1,050 26 30 2 4 2 1 29 97 87 R Rural ### F6 46 City Calpine Drive 1805 s/o Busch - Busch 1,805 26 50 3 4 2/1 51 98 Rural ### D1 47 Private Camino De Buena Ventura ### D6
48 City Carbon Canyon Road PCH - 350' n/o PCH 350 30 50 6 1 2 66 95 87 R Therm Rural ### D4 49 City Carbon Canyon Road 350' n/o PCH - 700' n/o PCH 350 26 50 4 3/1 66 95 87 R Therm Rural ### D4 50 City Carbon Canyon Road 700' n/o PCH - Carbon Mesa 1,630 26 50 4 4 3/1 66 95 87 R Therm Rural ### D4 51 City Carbon Mesa Road 3225' w/o Lorbu - Lorbu 3,225 26 50 4 4 3/1 47 95 87 R Therm Rural ### D6 52 City Carbon Mesa Road Lorbu - 900' e/o Lorbu 900 26 40 4 4 3/3 47 95 87 R Therm Rural ### D6 53 City Carbon Mesa Road 900' e/o Lorbu - Carbon Canyon 1,500 26 50 4 4 3/3 47 95 87 R Therm Rural ### D6 54 Private Carrita Drive ### H5
55 Private Cavalleri Drive ### E1
56 Private Chocolate Lily Lane ### D3
57 City Civic Center Way Malibu Canyon - 555' w/o Vista Pacifica 1,915 48 90 6 12 3/4 71 83 ThermFAU ### A7 5,825 58 City Civic Center Way 555' w/o Vista Pacifica - 285' e/o Vista Pacifica 840 56 80 6 58 83 ThermFAU ### A7 59 City Civic Center Way 285' e/o Vista Pacifica - 670' w/o Webb 495 32 90 5 4 58 83 ThermFAU ### A7 60 City Civic Center Way 670' w/o Webb - Webb 670 30 60 5 13 74 83 ThermFAU ### A7 61 City Civic Center Way Webb - 500' e/o Webb 500 48 60 6 6 69 83 ThermFAU ### A7 62 City Civic Center Way 500' e/o Webb - 600' w/o Cross Creek 805 66 60 6 6 1 2 83 ThermFAU ### A7 63 City Civic Center Way 600' w/o Cross Creek - Cross Creek 600 66 85 6 6 1 2 69 83 ThermFAU ### A7 64 City Cliffside Drive Birdview - Fernhill 2,705 24 60 6 4 2/2 46 83 Rural ### E4 MTA Rte 65 City Cliffside Drive Fernhill - 1730' e/o Fernhill 1,730 28 50 8 4 2/2 46 87 Rural ### E4 66 City Clover Heights Avenue 1075' s/o Harvester - Harvester 1,075 24 50 4 4 2/2 51 2000 Rural ### C1 67 City Coast View Drive 1975' s/o Malibu Knolls - Malibu Knolls 1,975 25 40 3 4 2/3 48 2000 88 Urban ### J6 68 City Colony View Circle 198' s/o Harbor Vista - Harbor Vista 198 25 40 5 4 3/3 2000 88 Urban ### J6 69 City Cool Oak Way 730' s/o Big Rock - Big Rock 730 26 30 5 2/3 47 95 Rural ### H6 70 City Corral Canyon Road PCH - 350' n/o PCH 350 46 70 6 1 2 65 74 86 C Rural ### D5 71 City Corral Canyon Road 350' n/o PCH - Solstice Canyon 530 24 60 5 74 86 C Rural ### D5 72 City Corral Canyon Road Solstice Canyon - BS Solstice CK 80 24 40 5 74 86 C Rural ### D5 73 City Corral Canyon Road BS Solstice CK - BN Solstice CK 20 BR 28 42 c 84 86 C Rural ### D5 74 City Corral Canyon Road BN Solstice CK - Seabreeze 7,050 24 40 5 74 86 C Rural ### D5 75 City Cottontail Lane Broad Beach - 795' n/o Broad Beach 795 30 40 3 4 2 58 66 73 Rural ### G7 76 City Cross Creek Road PCH - 775' s/o Civic Center 190 72 85 4 6 1 2 80 99 Paint FAU ### A6 77 City Cross Creek Road 775' s/o Civic Center - 465' s/o Civic Center 310 46 60 4 6 80 99 Paint FAU ### A6 78 City Cross Creek Road 465' s/o Civic Center - 275' s/o Civic Center 190 60 105 4 5 1 2 80 99 Paint FAU ### A6 79 City Cross Creek Road 275' s/o Civic Center - Civic Center 275 72 85 4 6 1 2 80 99 Paint FAU ### A6 80 City Cuthbert Road Harvester - 1475' e/o Harvester 1,475 26 60 6 4 2/2 95 Rural ### C7 81 City Cuthbert Road 1475' e/o Harvester - Busch 3,025 26 60 4 4 2/2 95 Rural ### C7 82 City De Ville Way Vista Pacifica - 675' e/o Vista Pacifica 675 40 50 2 5 2 2 69 88 Urban ### J7 83 Private DeButts Terrace (Murphy Way) ### G7
84 City Deerhead Road 735' s/o Harvester - Harvester 735 26 40 4 4 52 0 Rural ### B7 85 Private Deerpath Lane ### F6
86 Private Delaplane Road ### G1
87 City Dume Drive Cliffside - Grayfox 3,200 24 60 6 4 3/4 2000 Rural ### E2 6,070 88 City Dume Drive Grayfox - Heathercliff 2,870 24 60 6 4 1 2 2000 Rural ### E2 153 112
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 3 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
89 Private Eagle Pass Drive ### G6
90 Private Ebbtide Way ### B2
91 Private El Pequeno Drive ### A7
92 Private El Sueno Drive ### A6
93 City Encinal Canyon Road PCH - 530 n/o PCH 530 24 70 7 2/2 86 Rural ### F6 94 City Encinal Canyon Road 530 n/o PCH - 1230' n/o PCH 700 30 70 5 2/2 86 Rural ### F6 95 City Encinal Canyon Road 1230 n/o PCH - 1730' n/o PCH 500 30 70 4 2/2 77 Rural ### F6 96 City Encinal Canyon Road 1730 n/o PCH - 2850' n/o PCH 1,120 28 70 6 4/2 77 Rural ### F6 97 City Encinal Canyon Road 2850 n/o PCH - 3120' n/o PCH 270 26 70 7 2/2 86 Rural ### F6 98 City Encinal Canyon Road 3120 n/o PCH - 5340' n/o PCH 2,220 26 80 7 2/2 86 Rural ### F6 99 City Encinal Canyon Road 5340 n/o PCH - 5500' n/o PCH 160 26 60 7 2/2 86 Rural ### F6 100 City Encinal Canyon Road 5500 n/o PCH - 9710' n/o PCH 4,210 30 60 5 86 Rural ### F6 101 City Encinal Canyon Road 9710 n/o PCH - 6895 s/o Lechuza 9,947 30 60 5 86 Rural ### F6 102 Private Escondido Beach Road ### A1
103 City Fernhill Drive Cliffside - 300' n/o Bison 1,705 30 60 6 4 3/4 95 Rural ### F4 2,305 104 City Fernhill Drive 300' n/o Bison - Grayfox 600 34 60 6 6 1 2 68 95 Rural ### F4 105 City Fernhill Drive Grayfox - Sea Ranch 750 24 60 8 4 3/2 95 Rural ### F4 106 City Fernhill Drive Sea Ranch - Boniface 355 30 60 6 4 95 Rural ### F4 107 City Fernhill Drive Boniface - Wildlife 470 30 60 6 4 3/2 65 95 Rural ### F4 108 City Filaree Heights Avenue 350' s/o Floris Heights - Harvester 1,090 24 40 4 4 2/2 51 95 Rural ### C1 109 City Floris Heights Road 600' s/o Filaree Heights - Filaree Heights 600 26 40 4 6 2/2 51 95 Rural ### C1 110 City Forest Gate Circle Vantage Point - 140' n/o Vantage Point 140 34 58 2 6 2 2 72 2001 88 Urban ### G7 111 Private Fox View Drive ### J5
112 Private Frondosa Drive ### A7
113 Private Galahad Drive ### F1
114 Private Gayton Place ### E1
115 City Grasswood Avenue Cliffside - Grayfox 2,415 30 50 7 4 2/2 46 95 Rural ### E3 116 City Grayfox Street Dume - 800' w/o Fernhill 1,200 24 50 6 4 2/2 2001 Rural ### E3 4,050 117 City Grayfox Street 800' w/o Fernhill - Fernhill 800 32 55 6 6 1 2 68 2001 Rural ### E3 118 City Grayfox Street Fernhill - 2050' e/o Fernhill 2,050 26 50 4 4 2/2 2001 75 Rural ### E3 119 City Greenwater Road 820' w/o Dume - Dume 820 20 40 8 4 3/2 2001 Rural ### E4 120 City Guernsey Avenue PCH - Morning View 900 24 55 6 4 63 2000 Rural ### A1 900 121 City Harbor Vista Drive Malibu Canyon - 490' e/o Colony View 1,215 26 40 5 4 2/3 48 2000 88 Urban ### J6 122 City Harvester Road Cuthbert - Busch 4,250 26 50 7 4 52 2000 Rural ### B7 123 City Harvester Road Busch - 540' e/o Busch 540 26 50 6 6 2/2 2000 Rural ### B7 124 City Heathercliff Road 600' s/o Wandermere - 340' s/o Dume 1,310 36 60 6 6 2/2 52 2000 Rural ### D2 1,160 125 City Heathercliff Road 340' s/o Dume - PCH 1,510 27 62 6 4 2 2 74 2000 Rural ### D2 126 Private Horizon Drive ### C7
127 Private Hughes Driveway ### J5
128 Private Indian Mound Road ### D3
129 Private Inland Lane ### J6
130 City John Tyler Drive PCH - Malibu Country 407 84 100 4 9 2 2 74 2001 80 Urban ### G6 131 City John Tyler Drive Malibu Country - 230' n/o Malibu Country 230 45 82 4 9 2 2 74 2001 80 Urban ### G6 132 County Kanan-Dume Road PCH - 430' n/o PCH 430 90 110 6 16 2 2 74 86 FAS ### F1 154 113
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 4 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
133 County Kanan-Dume Road 430' n/o PCH - 2321' s/o Cavalleri 1,765 48 110 6 16 2/3/4 74 86 FAS ### F1 134 County Kanan-Dume Road 2321' s/o Cavalleri - 836' s/o Cavalleri 1,485 64 100 4 16 2/3 74 86 FAS ### F1 135 County Kanan-Dume Road 836' s/o Cavalleri - 231' n/o Cavalleri 1,067 62 100 4 16 2/3 74 87 FAS ### F1 136 County Kanan-Dume Road 231' n/o Cavalleri - 681' n/o Cavalleri 450 55 100 4 16 2/3 74 87 FAS ### F1 137 County Kanan-Dume Road 681' n/o Cavalleri - 1515' n/o Cavalleri 834 48 100 4 4 2/3 74 87 FAS ### F1 138 County Kanan-Dume Road 1515' n/o Cavalleri - 2081' n/o Cavalleri 566 48 100 4 4 2/3 74 87 FAS ### F1 139 County Kanan-Dume Road 2081' n/o Cavalleri - 3161' n/o Cavalleri 1,080 49 100 4 4 2/3 74 87 FAS ### F1 140 County Kanan-Dume Road 3161' n/o Cavalleri - 3331' n/o Cavalleri 170 48 100 4 4 2/3 74 87 FAS ### F1 141 County Kanan-Dume Road 3331' n/o Cavalleri - 4591' n/o Cavalleri 1,260 48 100 4 4 2/3 74 87 FAS ### F1 142 Private La Brisa Drive ### A7
143 Private La Gloria Drive Trancas - 217' e/o Trancas 217 36 54 2 7 2 2 65 73 Rural ### A7 144 Private La Sonora Drive ### A6
145 City Larkspur Lane Wandermere - 350' e/o Wandermere 350 26 40 6 6 2/2 52 87 Rural ### E2 146 Private Las Estrellas Drive ### A7
147 City Las Flores Canyon Road PCH - 2700' n/o PCH 2,700 24 40 4 23 95 82 C Urban ### F3 148 Private Las Flores Mesa Drive ### G6
149 City Latigo Canyon Road PCH - 2700' n/o PCH 2,700 24 60 6 80 Rural ### A7 150 City Latigo Canyon Road 2700' n/o PCH - 9255' n/o PCH 6,555 24 60 6 80 Rural ### A7 151 City Latigo Canyon Road 9255' n/o PCH - Maguire 7,725 24 60 6 80 Rural ### A7 152 Private Latigo Shore Drive ### B1
153 City Laurel Ridge Drive 135' w/o Bayberry - Bayberry 135 34 58 2 10 2 2 72 2,001 88 Rural ### F6 154 City Laurel Ridge Drive Bayberry - 150' w/o Malibu Country 179 36 60 2 10 2 2 72 2,001 88 Rural ### F6 155 City Laurel Ridge Drive 150' w/o Malibu Country - Malibu Country 150 36 60 2 6 2 2 72 2,001 88 Rural ### F6 156 City Little Rock Way 730' w/o Big Rock - Big Rock 730 26 30 5 2/2 47 95 Rural ### H6 157 City Little Rock Way Big Rock - 400' e/o Big Rock 400 26 30 5 2/3 47 95 Rural ### H6 158 Private Lockview Lane ????? ### B1
159 Private Los Olas Way ### D3
160 City Lunita Road PCH - Bailard 515 24 50 4 41 84 Rural ### J7 161 City Malibu Canyon Road PCH - 200' n/o PCH 200 84 100 6 12 2 2 71 87 FAU ### J4 1,710 162 City Malibu Canyon Road 200' n/o PCH - 445' n/o PCH 245 84 100 6 12 2 2 71 87 FAU ### J4 163 City Malibu Canyon Road 445' n/o PCH - 245' s/o Civic Center 1,020 72 100 6 12 1 2 71 87 FAU ### J4 164 City Malibu Canyon Road 245' s/o Civic Center - 150' n/o Civic Center 395 82 100 6 12 1 2 71 87 FAU ### J4 165 City Malibu Canyon Road 150' n/o Civic Center - 300' n/o Civic Center 150 50 120 6 12 3/3 71 88 FAU ### J4 166 City Malibu Canyon Road 300' n/o Civic Center - 985' s/o Malibu Knolls 1,585 50 120 6 12 3/3 71 88 FAU ### J4 167 City Malibu Canyon Road 985' s/o Malibu Knolls - Malibu Knolls 985 54 80 7 3/3 88 FAU ### J4 168 City Malibu Canyon Road Malibu Knolls - 140' s/o Malibu Crest 1,575 30 80 7 3/3 88 FAU ### J4 169 City Malibu Canyon Road 140' s/o Malibu Crest - 75' n/o Malibu Crest 215 40 80 7 4/3 88 FAU ### J4 170 City Malibu Canyon Road 75' n/o Malibu Crest - 700' n/o Malibu Crest 625 68 80 6 4/3 87 FAU ### J4 171 City Malibu Canyon Road 700' n/o Malibu Crest - 1340' n/o Malibu Crest 640 52 80 6 3/3 87 FAU ### J4 172 City Malibu Canyon Road 1340' n/o Malibu Crest - Malibu Crest 428 39 80 6 4/3 87 FAU ### J4 173 City Malibu Canyon Road 1768' n/o Malibu Crest - 3685' n/o Malibu Crest 1,917 37 80 7 3/3 87 FAU ### J4 174 City Malibu Canyon Road 3685' n/o Malibu Crest - 5312' n/o Malibu Crest 1,627 37 80 9 3/5 87 FAU ### J4 175 City Malibu Canyon Road 5312' n/o Malibu Crest - 9318' n/o Malibu Crest 4,006 37 80 7 3/5 87 FAU ### J4 176 City Malibu Canyon Road 9318' n/o Malibu Crest - 9385' n/o Malibu Crest 67 34 80 9 3/5 87 FAU ### J4 155 114
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 5 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
177 Private Malibu Colony Drive 2000 ### J7
178 City Malibu Country Drive John Tyler - Vantage Point 1,236 40 64 2 8 2 2 72 2001 88 Urban ### G6 179 City Malibu Country Drive Vantage Point - 1009' n/o Laurel Ridge 1,009 40 64 2 6 2 2 72 2001 88 Urban ### G6 180 Private Malibu Cove Colony Drive 2000 ### A1
181 City Malibu Crest Drive Malibu Canyon - 700' e/o Malibu Canyon 700 25 40 3 4 3/3 48 2000 88 Urban ### J6 182 City Malibu Knolls Road Malibu Canyon - 220' e/o Coast View 664 25 40 3 4 48 2000 88 Urban ### J6 183 Private Malibu Parks Lane Rural ### B1
184 City Malibu Road PCH - 2495' w/o Puerco Canyon 790 38 60 4 8 80 Urban ### A7 185 City Malibu Road 2495' w/o Puerco Canyon - 1325' w/o Puerco Canyon 1,170 26 60 4 8 80 Urban ### A7 186 City Malibu Road 1325' w/o Puerco Canyon - 950' e/o Puerco Canyon 2,275 22 60 4 c 8 Urban ### A7 187 City Malibu Road 950' e/o Puerco Canyon - 1475' e/o Puerco Canyon 525 30 60 4 8 80 Urban ### A7 188 City Malibu Road 1475' e/o Puerco Canyon - 3150' e/o Puerco Canyon 1,675 22 60 4 c 8 Urban ### A7 189 City Malibu Road 3150' e/o Puerco Canyon - 4495' e/o Puerco Canyon 1,345 26 60 4 8 80 Urban ### A7 190 City Malibu Road 4495' e/o Puerco Canyon - 6820' e/o Puerco Canyon 2,325 28 60 4 c 8 Urban ### A7 191 City Malibu Road 6820' e/o Puerco Canyon - 2540' w/o Webb 300 26 90 4 8 80 Urban ### A7 192 City Malibu Road 2540' w/o Webb - 900' w/o Webb 1,640 28 70 4 c 8 8/3 Urban ### A7 193 City Malibu Road 900' w/o Webb - 500' w/o Webb 400 40 80 2/8 6 8/3 Urban ### A7 194 City Malibu Road 500' w/o Webb - 240' e/o Webb 740 56 80 4 6 2 2 Urban ### A7 195 City Malibu Road 240' e/o Webb - PCH 790 40 65 4 6 1 2 Urban ### A7 196 Private Manzano Drive ### A7
197 Private Mariposa De Oro ### A6
198 Private Mcanany Way ### H5
199 City Merritt Drive Morning View - Busch 3,505 24 50 6 4 3/3 2000 Rural ### C2 200 Private Monte Lado Drive ### A7
201 City Morning View Drive 90' w/o Seastar - Guernsey 490 30 40 2 6 1 2 2000 73 Rural ### B1 6,330 202 City Morning View Drive Guernsey - 2200' e/o Guernsey 2,200 24 50 6 4 3/3 2000 73 Rural ### B1 203 City Morning View Drive 2200' e/o Guernsey - 2700' e/o Guernsey 500 24 50 4 4 3/3 2000 73 Rural ### B1 204 City Morning View Drive 2700' e/o Guernsey - 3334' e/o Guernsey 634 24 50 4 4 2000 73 Rural ### B1 205 City Morning View Drive 3334' e/o Guernsey - 1180' w/o Merritt 1,416 22 50 6 4 45 2000 73 Rural ### B1 206 City Morning View Drive 1180' w/o Merritt - 160' w/o Merritt 1,020 30 50 6 4 1 2 66 2000 Rural ### B1 207 City Morning View Drive 160' w/o Merritt - PCH 560 40 60 6 4 1 2 2000 Rural ### B1 208 Private Noranda Lane ### F5
209 State Pacific Coast Highway ### G6
210 Private Palm Canyon Lane ???? ### A5
211 Private Paradise Cove Road ### G2
212 Private Paseo Canyon Drive ### A6
213 City Paseo Hidalgo Rambla Hidalgo - 448' e/o Rambla Orienta 448 24 26 4 4 2 1 29 97 87 R Rural ### F6 214 City Paseo Portola 523' s/o Rambla Vista - Rambla Vista 523 24 26 4 4 2 1 29 97 87 R Rural ### F6 215 City Paseo Serra Rambla Vista - 650' e/o Rambla Vista 650 24 26 4 4 2 1 29 97 87 R Rural ### F6 216 City Philip Avenue Morning View - Cuthbert 1,975 24 50 5 4 2/3 98 82 C Rural ### B1 217 City Piedra Chica Road 425' s/o Big Rock - Big Rock 425 28 42 2 2 2 65 95 75 Rural ### J6 218 City Pinnacle Way 650' w/o Big Rock - Big Rock 650 26 30 3 2/3 47 95 73 Rural ### H6 219 City Plover Way 145' w/o Malibu Country - Malibu Country 145 34 58 2 8 2 2 72 2001 88 Urban ### G7 220 Private Point Lechuza Drive ### H7
156 115
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 6 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
221 City Portshead Road Boniface - 100' n/o Selfridge 900 24 60 5 4 2/2 46 95 Rural ### E2 222 City Portshead Road 100' n/o Selfridge - 400' s/o PCH 700 24 60 4 46 95 75 Rural ### E2 223 City Portshead Road 400' s/o PCH - PCH 400 24 60 5 4 46 95 75 Rural ### E2 224 Private Principio Drive ### A7
225 City Puerco Canyon Road Malibu - 130' n/o Malibu 130 16 60 2 98 Rural ### E6 226 City Puerco Canyon Road PCH - 1500' n/o PCH 1,500 24 60 7 98 Rural ### E6 227 City Puerco Canyon Road 1500' n/o PCH - 2095' n/o PCH 595 24 60 7 98 Rural ### E6 228 Private Puesta Del Sol ### E6
229 City Rainsford Place Busch - Bonsall 835 24 50 4 4 45 95 Rural ### D2 230 City Rambla Orienta Rambla Vista - 1865 e/o Paseo Hidalgo 1,625 26 30 4 4 2 1 29 97 87 R Rural ### F6 231 City Rambla Pacifico PCH - 2600' n/o PCH 2,600 26 60 5 95 Urban ### E6 232 City Rambla Pacifico 2600' n/o PCH - 9452' n/o PCH 6,852 26 60 5 3/2 95 Urban ### E6 233 City Rambla Vista PCH - PCH 4,467 26 30 4 4 2 1 29 97 87 R Rural ### F6 234 Private Rey De Copas Lane ### G2
235 Private Ridgemont Drive ### B6
236 City Roca Chica Drive 245' w/o Seamoor - 664' w/o Royalstone 405 28 42 2 2 2 66 95 73 Rural ### J6 237 City Roca Chica Drive 664' w/o Royalstone - Seaboard 985 30 50 2 2 2 65 95 73 Rural ### J6 238 Private Rockcroft Drive ### H6
239 Private Rockpoint Road ### H6
240 Private Rockport Way ### J6
241 City Royal Stone Drive 385' w/o Roca Chica - Roca Chica 385 28 42 2 2 2 65 95 73 Rural ### J6 242 Private Sea Daisy Drive ### D3
243 Private Sea Drift Cove ### B1
244 Private Sea Lane ### H1
245 Private Sea Level Drive ### G7
246 City Sea Lion Place Birdview - Dume 980 26 60 6 4 2/2 46 Rural ### E4 247 Private Sea Ranch Way ### F3
248 Private Sea Vista Drive ### A1
249 City Seaboard Road 1083' w/o Roca Chica - 588' w/o Roca Chica 495 36 56 2 2 2 66 95 73 Rural ### H6 250 City Seaboard Road 588' w/o Roca Chica - Big Rock 968 36 56 2 2 2 65 95 73 Rural ### H6 251 Private Seafield Drive ### G7
252 Private Seagull Drive ### B1
253 City Seamoor Drive Roca Chica - 286' n/o Roca Chica 286 28 42 2 2 2 66 95 73 Rural ### J6 254 City Seastar Drive Surfside - Morning View 460 34 54 2 6 2 2 63 2000 73 Rural ### A1 255 Private Seawatch Lane ### D3
256 City Selfridge Drive Portshead - Wildlife 1,560 28 50 6 4 2/2 45 Rural ### E2 257 Private Serra Road ### A5
258 Private Shearwater Lane ### D3
259 Private Sicomoro Drive ### A7
260 Private Sierks Way 98 ### G6
261 City Skyline View Drive Malibu Country - 415' e/o Malibu Country 415 34 58 2 6 2 2 72 2001 88 Urban ### G6 262 Private Solstice Canyon Road ### B6
263 Private Stuart Ranch Road ### J6
264 City Surfside Way 246' s/o Seastar - 294' n/o Seastar 540 26 40 2 6 2 2 63 2000 73 Rural ### A1 157 116
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 7 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
265 Private Sweetwater Canyon Drive ### B6
266 Private Sweetwater Mesa Road ### B6
267 Private Sycamore Meadows Drive ### A1
268 Private Tantalus Drive ### A1
269 Private Tapia Drive ### A6
270 Private Teal Terrace ### F1
271 City Trancas Canyon Road PCH - 530' n/o PCH 530 32 60 4 12 86 Rural ### A7 272 City Trancas Canyon Road 530' n/o PCH - 300' s/o La Gloria 2,104 32 50 4 7 1 2 67 84 Rural ### A7 273 City Trancas Canyon Road 300' s/o La Gloria - 178' n/o La Gloria 478 32 50 2 7 67 70 73 Rural ### A7 274 City Trancas Canyon Road 178' n/o La Gloria - 3350' n/o La Gloria 3,172 20 40 4 98 Rural ### A7 275 City Tuna Canyon Road PCH - 3500' n/o PCH 3,500 18 40 4 79 Rural ### B4 276 City Vantage Point Terrace 505' w/o Malibu Country - Malibu Country 505 34 58 2 6 2 2 72 2001 88 Urban ### G7 277 City Vantage Point Terrace Malibu Country - Forest Gate 613 40 64 2 6 2 2 72 2001 88 Urban ### G7 278 City Vantage Point Terrace Forest Gate - 525' e/o Forest Gate 525 34 58 2 8 2 2 72 2001 Urban ### G7 279 Private Via Acero ### F7
280 Private Via Cabrillo ### B1
281 Private Via Cataldo ### B1
282 Private Via Escondido ### A1
283 Private Via Venezia
284 Private Via Linda ### B1
285 Private Via Vienta ### E6
286 Private Victoria Point Road ### H7
287 Private Villa Costera ### E6
288 Private Vista De Las Ondas ### E6
289 Private Vista Del Preseas ### D5
290 City Vista Pacifica Street Civic Center Way - 240' n/o Civic Center Way 240 40 60 2 7 2 2 69 88 Urban ### H7 291 Private Vista Playa Drive ### A7
292 Private Vista Sierra Drive ### A7
293 City Wandermere Road 1350' s/o Larkspur - Heathercliff 2,210 24 60 6 6 2/2 52 87 Rural ### E3 294 City Webb Way Malibu - PCH 340 36 54 3 4 1 2 58 Urban ### J7 295 City Webb Way PCH - Civic Center Way 425 48 100 3 13 73 95 Urban ### J7 296 City Westward Beach Road Birdview - 1990' s/o PCH 1,885 46 60 7 4 45 2001 75 Rural ### D3 297 City Westward Beach Road 1990' s/o PCH - 1510' s/o PCH 480 46 60 7 45 2001 75 Rural ### D3 298 City Westward Beach Road 1510' s/o PCH - PCH 1,510 36 60 7 45 2001 75 Rural ### D3 299 Private Whitecap Way ### H5
300 City Whitesand Place Wildlife - Wildlife 630 26 50 6 4 3/2 46 2001 Rural ### F3 301 Private Wight Road ### F2
302 Private Wildflower Road ### D3
303 City Wildlife Road Whitesand - Selfridge 3,100 28 60 6 4 3/2 44 2001 Rural ### F2 304 City Wildlife Road Selfridge - Zumirez 1,120 28 60 4 4 2/2 44 83 75 Rural ### F2 305 Private Winding Way ### J7
306 City Winter Canyon Road Civic Center - 1200' n/o Civic Center 1,200 20 20 2 88 Urban ### H6 307 Private Zenith Point Road ### C7
308 Private Zuma Bay Way ### D3
158 117
1F b i\roadlist.WK3 BY JOHN P. CLEMENT PRINT DATE PAGE 8 Juris Road Limits Length Width ROW Pvmt Pvmt Shldr # Gtr Yr Yr Yr Yr Stripe Type Grid MO/YR AC Base W/T Crb Wid Blt
= FHWA 265,881 7,118 Thick Thick /B Overly Seal

MALIBU ROAD INVENTORY
309 Private Zuma Mesa Drive ### F2
310 City Zuma View Place 450' s/o PCH - PCH 450 28 60 6 4 3/2 44 87 Rural ### G2 311 City Zumirez Drive 2500' s/o PCH - PCH 2,500 28 60 6 4 2/3 44 87 Rural ### F2 159 118
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, November 13, 2023, at 6:30 p.m. in the Council Chambers, Malibu City Hall, 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 the City Council for an amendment to the LCP and MMC in accordance with City Council direction on August 22, 2022. On September 11, 2023, the City Council provided additional direction to staff and continued the item to a date uncertain.

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.

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.

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.

RICHARD MOLLICA, Planning Director Date: October 19, 2023 119
Exhibit 8
160
1 City Council
From: Jo Drummond
Sent: Sunday, November 26, 2023 11:57 AM
To: City Council; Bruce Silverstein; Steve Uhring; Doug Stewart; Paul Grisanti; Marianne Riggins
Cc: John Mazza; Kraig Hill; Bill Sampson; Ann Doneen; Lsgla Saunders; Jae Flora Katz; R N; Patt Healy; Georgia Goldfarb; SheaBroussard; Frank Angel; Scott Dittrich; Dru Jacobson; Mark Olsen; Barbara Burke; Hayley Mattson; Cece Woods; Carla Mccloskey Subject: ADUs Item 4A
Attachments: ADU-Summary-NEW_04102023.pdf
Attention Honorable Mayor Uhring & City Council,
I expected to see the two access requirement within the proposed resolution after your serious direction to planning staff from the last council meeting on this. I was extremely disappointed and surprised at the staff’s recommendation to NOT ADD this important provision into the ordinance for all our safety.

The staff mentions a random letter from State Dept of Housing & Community Development (HCD) to Rancho Palos Verdes that they would need to provide evidence that this restriction would be required to protect public safety. Rancho Palos Verdes has not had as many deadly and devastating wildfires as Malibu and the whole city is NOT designated a VHFHSZ as we are. Also according to this map with data from the California Public Utilities Commission we are a higher risk fire hazard/prone area:
https://abc7news.com/fire-near-me-california-danger-map-wildfire/10733648/ The cities of Los Angeles, Oakland, Angels Camp and Corte Madera all restrict ADUs similarly in high fire hazard zones and have so far suffered no ramifications. HCD has also.granted the city of Portola Valley permission to continue restricting ADUs in fire hazard zones. Portola Valley provided expert analysis and robust scientific evidence to support the need for the restrictions. From the HCD evaluation - ‘Fire Prohibitions - The Ordinance states that “ADUs are prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet.” The Ordinance’s findings go into detail explaining the nature of the fire risk and the Town’s approach to risk management, outlining a fuel hazard study specific for the purpose and mapping where evacuation could be constrained in an emergency. The use of these locally chartered studies and the fifty pages of documents included in the May 25, 2023 email speaks to the great care and consideration the Town has put into risk management. HCD appreciates the thoughtful analysis.’ So please use some of our existing Flame Mappers study findings on this, etc. and include this in the ordinance keeping this restriction.

Given that LA County Planning gives two access restrictions in Very High Fire Hazard Severity Zones I don’t understand why staff completely ignored this in their report and are putting our community at risk. During Woolsey traffic was backed up Big Rock Drive and other canyon roads for hours not to mention the PCH for a minimum of 5 hours putting evacuees‘ lives in jeopardy. This kind of traffic trapped and fatally burned many victims of the 2018 Camp Fire in Paradise and could easily happen here. Adding more dwellings and intensity of use in these areas without two egresses will make evacuation in a disaster even worse. When these roads become clogged, no cars can escape, and no emergency vehicles can get through to fight the fire or assist people to escape. In addition, the proliferation of ADU’s in these areas will increase the amount of combustible fuel, leading to a higher number of ignition sources and the likelihood of rapid spread of wildfire.

Exhibit E
161
2 162
3 ADU-Summary-NEW_04102023
PDF Document · 171 KB
Also several of the red stars on the Malibu maps at the end of the staff report that are indicating the streets that do not have two egresses actually DO HAVE two accesses to the pch such as Morningview Drive so there can be more ADU’s than actually projected. These maps in the staff report have some errors. And the stars that are correct would hinder evacuation down these small, windy roads to the PCH so they should NOT be discounted just because there are so many limited access roads in our city. This is WHY we are such a fire prone area. 163
4 164
5 165
6 To accommodate the very few people who need ADU’s in our neighborhoods without the two egresses you can do as Oakland does and provide - Approved application for Reasonable Accommodation Request due to a disability of an ADU occupant or a need to accommodate a live-in caregiver for a person with disability i.e. for aging inlaws. The Reasonable Accommodation Request must include a reason for the exception.

Thank you for fixing the ordinance, adding the required studies to keep all of Malibu safe.

Jo Drummond
166

ACCESSORY DWELLING UNIT (ADU) SUMMARY
*Regular front yard setback requirements apply unless such requirement would preclude an ADU of at least 800 square feet.

An ADU is permitted if: • The property is zoned to allow a single-family residence (SFR) or multi-family residence (MFR).

For coastal areas, please refer to the applicable Local Coastal Program at http://planning.lacounty.gov/coastal. • A legal SFR or MFR exists on the property or is proposed to be built concurrently with the ADU(s).

An ADU is not permitted if: • Property is not zoned to allow a SFR or MFR. • Located in a Very High Fire Hazard Severity Zone (VHFHSZ) and does not have two means of access to a highway. Access must be 24 ft. wide, not including sidewalks, and unobstructed from the lot to the highway.

Access must be paved in Hillside Management Areas. Each means of access must be built to public street standards approved by Public Works. VHFHSZ access requirements do not apply to the four (4) Statewide Exemption ADU/JADU types listed below.

DEVELOPMENT STANDARDS
General Notes • “Attached” is any structure that is connected to an SFR or MFR, or conversion of space within an SFR or MFR. • “Detached” is any structure not attached to an SFR or MFR. • Junior ADU (JADU) means a unit that is no more than 500 sq. ft. in size and contained entirely within an SFR, including an attached garage. A JADU must have a separate entrance from the SFR. A JADU may have interior access to the SFR and can share a bathroom with the SFR if interior access is provided. A JADU must have an efficiency kitchen at a minimum. Either the JADU or the SFR must be owner-occupied. A JADU is not permitted on a property owned by a corporate entity or LLC.
• Setback and height requirements do not apply to ADUs converted entirely from existing square footage, or ADUs constructed in the same location and same dimensions as a structure that physically exists. • Any development standard that would physically preclude an ADU of at least 800 sq. ft. with 4 ft. side and rear yard setbacks shall not be imposed.

Statewide Exemption
ADU/JADU types
(must be approved
ministerially; local
requirements
do not apply):
• One ADU within existing or proposed space of SFR or existing accessory structure, and one JADU within existing or proposed space of SFR. Must have exterior access and sufficient yards for fire and life safety (see “Other Yard Requirements”).
• One new detached ADU with 4 ft. side and rear setbacks, floor area of not more than 800 sq. ft., and 16 ft. max height (or 18 ft., see “Other Height Restrictions”), on a lot with existing or proposed SFR. • A minimum of one ADU and a maximum of 25% of existing dwelling units, entirely within portions of an existing MFR not used as livable space, e.g. storage rooms, boiler rooms, passageways, attics, basements, garages. • A maximum of two detached ADUs, with height not exceeding 16 ft (or 18 ft., see “Other Height Restrictions”) and 4 ft. side and rear setbacks, on a lot with an existing or proposed MFR.

Single-Family Residence Only
ADU Type Maximum Size Setbacks Height Other
A. Attached ADU: Conversion
Within Existing SFR and/or
New Construction
50% of existing SFR or
1200 sq. ft., whichever is less,
provided at least an 800 sq. ft. ADU
is allowed.

Front: Title 22 *
Side: 4 ft.

Rear: 4 ft.
25 ft. or as specified by
CSD/Specific
Plan, whichever is less
(see Other Height
Restrictions)
Setbacks and height apply to
new square footage only.

Can be combined with C/D
and E.

B. Attached ADU: Conversion
Entirely Within Existing SFR No maximum Existing setbacks apply Existing height
applies
Can be combined with
C/D and E.

C. Detached ADU:

Conversion Within Detached
Accessory Structure and/or
New Construction
1200 sq. ft.

Front: Title 22 *
Side: 4 ft.

Rear: 4 ft.
25 ft. or as specified by
CSD/Specific Plan,
whichever is less (see
Other Height
Restrictions)
Setbacks and height apply to
new square footage only. Can
be combined with A/B and E.

D. Detached ADU: Conversion
Entirely Within Detached
Accessory Structure
No maximum. Addition of up to 150
sq. ft. is allowed to accommodate
ingress/egress.

Existing
setbacks apply
Existing height
applies
Can be combined with
A/B and E.

E. JADU:

Within Existing or Proposed
Space of SFR
500 sq. ft. N/A N/A Can be combined with
A/B and C/D.

Multi-Family Residences, including Duplexes and Multiple SFRs ADU Type Maximum Size Setbacks Height Other
F. Attached ADU: Conversion
Entirely within Existing MFR No maximum N/A N/A
Maximum number of attached
ADUs: 1 ADU OR 25% of
existing MFR units within
structure, whichever is greater.

Can be combined with G/H.

G. Detached ADU:

Conversion Entirely
Within Detached
Accessory Structure
No maximum. Addition of up to 150
sq. ft. is allowed to accommodate
ingress/egress.

Existing
setbacks apply Existing height applies
Maximum of 2 detached
ADUs per property. Can be
combined with F. ADUs can
be attached to each other.

H. Detached ADU:

New Construction No maximum
Front: Title 22 *
Side: 4 ft.

Rear: 4 ft.
16 or 18 ft.
(see Other Height
Restrictions)
Maximum of 2 detached
ADUs per property. Can be
combined with F. ADUs can
be attached to each other.
167
Building and Safety
Requirements • Please consult with Building and Safety regarding building requirements. • An ADU must have a kitchen with a stove, refrigerator, and sink, at a minimum.

Other Yard
Requirements
• Detached ADUs may be attached to accessory structures. A new garage must comply with Title 22 requirements.

A proposed ADU attached to the garage must have 4 ft. setbacks. If the garage is fully or partially converted to the ADU, existing setbacks are permitted as legally built. New ADUs must comply with 6 ft. building separation requirements. Proposed accessory structures such as porches, covered patios, stairways, balconies, including roof eaves, etc. attached to the ADU must comply with Title 22 setbacks and the 6 ft. building separation requirements per Chapter 22.110, unless such structures are necessary to ensure the ADU can function as an independent living facility.
• Consult with Public Works Building and Safety regarding fire and life safety requirements for ADUs with setbacks less than 4 ft. No windows/doors allowed within 3 ft. of property line. No eaves allowed within 2.5 ft. of property line.
• Equipment such as water heaters, a/c units, etc. shall also comply with setback requirements. • An ADU must be at least 10 ft. from a reversed corner lot line, except for an ADU built above an existing garage, which must be at least 4 ft. from a reversed corner lot line.

Other Height
Restrictions
• 16 feet: Detached ADU accessory to one-story MFR
• 18 feet: Detached ADU accessory to multi-story MFR
• 20 feet: 18 feet plus additional 2 ft to accommodate roof pitch aligned with roof of primary dwelling for detached ADU accessory to SFR or MFR within ½ mile walking distance of major transit stop or high quality transit corridor • 25 feet: New or partially new construction ADU accessory to SFR, unless otherwise specified by CSD/Specific Plan
• Consult with SCE if powerlines are adjacent to a proposed 2nd floor or two-story ADU.

Lot Coverage /

GSA / FAR
• An ADU is not counted towards lot coverage, open space requirements, GSA nor FAR. However, non-ADU structures must still adhere to maximum GSA, FAR and open space requirements.

Parking and Access • When a garage, carport, or covered parking structure is demolished or rendered fully or partially unusable in conjunction with the construction of the ADU or conversion of the structure to an ADU, no replacement parking is required for the existing dwelling nor ADU. Covered parking is still required for the existing dwelling(s) if the parking structure is not being converted into an ADU.
• Parking spaces, when required, must be 8 ½ ft. x 18 ft. Compact parking is not allowed. • Existing parking requirements for an SFR and MFR apply if the parking structure is not proposed for the conversion into an ADU. 26 ft. of clear vehicle backup space must be provided. • Vehicles may not be parked in required front yards (anywhere between the existing dwelling and the street), and corner side yards, except for designated driveways.
• No parking is required for a JADU.
• No parking is required for an ADU located outside of a Very High Fire Hazard Severity Zone (VHFHSZ). • For an ADU located within a VHFHSZ, one uncovered parking space is required for the ADU, unless the property meets any of the following exemptions:
o The ADU has no bedroom.
o The ADU is detached from an existing SFR and has a maximum floor area of 800 sq. ft and maximum height of 16 ft.
o The ADU is detached from an existing MFR and has a maximum height of 16 ft. and minimum rear and side yard setbacks of 4 feet.
o The ADU is entirely contained within an existing space of a primary residence or existing legal accessory structure (garage, guesthouse, rec room, etc.), and where no floor area expansion is proposed. o The ADU is located within ½ mile of public transit (i.e. bus stop, bike share station, train station). o The ADU is located within an architecturally and historically significant historic district. o On-street parking permits are required but not offered to the ADU occupant. o There is a car share vehicle located within one block (includes both sides of the street) of the ADU.

To apply for an ADU/JADU, please submit a “DRP – Base Application – Permits and Reviews” via EPIC LA.

Upload the following materials to your application:
o Owner Acknowledgement Form
o Land Use Checklist
• A recorded covenant will be required for JADUs prior to approval. • Any required discretionary permit(s), e.g. Oak Tree Permit, must be approved prior to ADU/JADU approval. • A new SFR and ADU(s) may be submitted under one application. A new MFR and detached ADU(s) may be submitted under one application. An addition to a SFR to accommodate a JADU and the JADU itself may be submitted under one application. Please note that the 60-day review timeline does not apply when ADUs/JADUs and primary structures are submitted under one application.

MORE INFORMATION: https://planning.lacounty.gov/adu Revised 06.13.2023 168
1 City Council
Subject: ADUs 2-7-22 item 4a
Attachments: County ADU ordinance high fire severty zone p15-17 9-20.pdf; cc ADU'S 11-27-23 Item 4A.docx From:

Sent: Saturday, November 25, 2023 1:59 PM
To: steve uhring ; Doug Stewart ; Bruce Silverstein
; Marianne Riggins <[email protected]>; Paul Grisanti ; Kelsey Pettijohn <[email protected]>;
Subject: Fw: ADUs 2-7-22 item 4a
Council persons , scroll down, attached are Slow Growths comments on item 4A ADUs. Please let me know if you have questions. Thanks, Patt
169

ANALYSIS
This ordinance amends the Los Angeles County Code, Title 22 —Planning and Zoning, to establish new development standards and case processing procedures for accessory dwelling units and junior accessory dwelling units in the unincorporated areas of Los Angeles County.

Very truly yours,
MARY C. WICKHAM
County Counsel
By

STARR COLEMAN
Assistant County Counsel
Property Division
SC:ss
Requested: 04-15.2020
Revised: 09-16-2020
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ORDINANCE NO.

An ordinance amending the Los Angeles County Code, Title 22 —Planning and Zoning, to establish new development standards and case processing procedures for accessory dwelling units and junior accessory dwelling units in the unincorporated areas of Los Angeles County.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Section 22.14.010 is hereby amended to read as follows:

22.14.010 A.

Accessory building or structure. A detached building or structure that is subordinate and incidental in use to the principal building or use on the same lot, and located in the same or a less restrictive zone.

Accessory dwelling unit and junior accessory dwelling unit. The following terms are defined for the purposes of Section 22.140.160 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

Accessory dwelling unit. A dwelling unit with independent exterior access that is either attached to, located within the existing living area, or detached from and located on the same lot as asingle-family ;ti~~-„wor multi-family residential building, including mixed use development. This term includes a senior citizen residence, a second unit, and an accessory dwelling unit approved prior to May 30, 2019. This term also includes a manufactured home, as defined in section 18007 of the California Health and Safety Code. An accessory dwelling unit is accessory to a-si~~le-#a~il~ fesider~sethe principal residential use; and does not count toward the allowable density HOA102864797.1
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_ _ .~
General Pian consistency. An accessory dwelling unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

Junior accessory dwelling unit. A dwelling unit, with independent exterior access, that is no more than 500 square feet in size and contained entirely within the footprint of asingle-family residence, including an attached garaae. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family residence, as set forth in section 65852.22(h)(1) of the California Government Code, or a successor provision.

Public transit. As defined in section 65852.2(il(10) of the California Government Code.

Affordable housing and senior citizen housing. The following terms are defined for the purposes of Chapter 22.120 (Density Bonus) and Chapter 22.166 (Housing Permits):

Affordable housing cost. As defined in section 50052.5 of the California Health and Safety Code.

Affordable housing set-aside. Dwelling units reserved for extremely low, very low, lower, or moderate income households.

Affordable rent. As defined in section 50053 of the California Health and Safety Code.

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Baseline dwelling units. The maximum number of dwelling units permitted by the General Plan land use designation.

Child care facility. As defined in section 65915(h)(4) of the California Government Code.

Common interest development. As defined in section 4100 of the California Civil Code.

Density bonus. See "Density bonus."
Housing development. A development project for five or more dwelling units, including mixed use developments. It may also be a subdivision or a common interest development, as defined in section 4100 of the California Civil Code, approved by the County and consisting of dwelling units or unimproved residential lots_ It may also be either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multi-family dwelling, as defined in section 65863.4(d) of the California Government Code, where the result of rehabilitation would be a net increase in available dwelling units.

Incentive. As specified in section 65915(k) of the California Government Code, a reduction of a development standard or a modification of a zoning code requirement, or other regulatory incentive or concession, that results in identifiable and actual cost reductions to provide for affordable housing costs or rents.

Major transit stop. As defined in Ssection 21155(b) of the California Public Resources Code.

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Senior citizen. A person who is 55 years of age or older, pursuant to Ssections 51.3, 798.76 or 799.5 of the California Civil Code, as applicable.

Senior citizen housing.

Mobilehome park for senior citizens. A mobilehome park that limits residency based on age requirements, pursuant to section 798.76 or 799.5 of the California Civil Cade.

Senior citizen housing development. As defined in section 51.3(b) of the California Civil Code.

Special needs housing. As defined in section 51312 of the California Health and Safety Code.

Specific adverse impact. As defined in section 65589.5(d)(2) of the California Government Code.

Waiver or reduction of development standards. As specified in section 65915(e) of the California Government Code, a waiver or reduction of development standards that has the effect of physically precluding the construction of a project at the densities or with the incentives permitted by Chapter 22.120 (Density Bonus).

Airport. This term shall have the same meaning as set forth in section 21013 (State Aeronautics Act) of the California Public Utilities Code.

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SECTION 2. Section 22.14.130 is hereby amended to read as follows:

22.14.130 M.

Mills Act Program. The following terms are defined solely for Chapter 22.168 (Los Angeles County Mills Act Program):

Application. An application to enter into an historical property contract.

Historical property contract. A contract between the Director and the owners of a qualified historical property which meets all the requirements of Chapter 22.168 (Los Angeles County Mills Act Program) and sections 50280 through 50290, inclusive, of the California Government Code.

Qualified historical property. Property which meets the definition of a "qualified historical property," as set forth in section 50280.1 of the California Government Code and is located within the unincorporated areas of the County. A property located within a federal, State, or County registered historic district is not a "qualified historical property" under Chapter 22.168 (Los Angeles County Mills Act) unless the property is certified by the County, State, or Secretary of Interior as being of historic significance to the relevant historic district.

Mobilehome. As defined in section 18008 of the California Health and Safety Code.

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Mobilehome park. As defined in section 18214 of the California Health and Safety Code.

Motel. A lodging establishment containing a group of attached or detached buildings containing guest rooms and offering temporary overnight visitor accommodations with a maximum rental period of 30 days. Access to some or all guest rooms is from a walkway open to the outside. This term includes "auto court," "motor lodge," and "tourist court."
Multi-family housing.

Townhouse. Asingle-family dwelling unit sharing a common wail with other single-family dwelling units on one or two sides and capable of being placed on a separate lot. This term includes "row house."
Two-family residence. A building containing two dwelling units other than asingle-family residence with an attached accessory dwelling unit. This term includes "duplex."
SECTION 3. Section 22.14.200 is hereby amended to read as follows:

22.14.200 T.

Tasting Rooms and Wineries. The following terms are defined solely for Section 22.140.590 (Tasting Rooms and Remote Tasting Rooms) and Section 22.140.610 (Wineries):

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Winery facilities. All structures and accessory structures as used by a winery, as defined above, including the paved parking areas required by Section 22.140.610 for mobile bottling or crushing facilities, but excluding any tasting room area or structure.
"~tple
SECTION 4. Section 22.16.030 is hereby amended to read as follows:

22.16.030 Land Use Regulations for Zones A-1, A-2, O-S, R-R, and W.

C. Use Regulations.

2. Accessory Uses. Table 22.16.030-C, below, identifies the permit or review required to establish each accessory use.
, DSO _ ~
_ ,
~~
D ~C E.°;~10 ~~ ~ ~ER_F~ER~ O.~E
A-1 A-2 O-S R-R W AddiBonal
Regulations
Accessory dwelling units ~ SPR SPR APR -SPR -Spy Section 22.140.640 Junior accessory dwelling
uni 2 PR SPR SPR PR S~$ Section 22.140.640
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Notes;

2. 3. Ail buildings and structures on the property used in conjunction with the permitted use shall be located at least 50 feet from any street or highway or any habitable structure. ~4. Use shall be located at (east 30D feet from any public park or any area in a Residential Zone.

45. Minimum lot size is one acre.

56. Use shall meet ail applicable health and safety standards and be reclaimed for open space use when declared safe for such use by the California Department of Health.

67. Minimum lot size is 10 acres.
~8. Limited to hives only.
~9. Minimum lot size is five acres.
610. Use shall be located within 600 feet of, or be in conjunction with, and intended to serve any use listed as permitted for the zone under the Recreational Uses category in Table 22.16.030-B, above. 4-911. Use shall 6e limited to a seating capacity not to exceed 500 seats.

X12. Minimum lot size is one acre where sheltered employment or industrial-type training is conducted.

X13. Use is permitted if publicly owned.

X14. Minimum lot size is 100 acres.

X415. Use is allowed in an open space easement if use is consistent with the intent and language of the applicable open space easement.

X516. Use excludes airports and landing strips.
a&17. Use may also be subject to Chapter 22.120 (Density Bonus) and Chapter 22.166 (Housing Permits), if it includes affordable housing or senior citizen housing.

SECTION 5. Section 22.18.030 is hereby amended to read as follows:

22.18.030 Land Use Regulations for Zones R-A, R-1, R-2, R-3, R-4, and R-5.

C. Use Regulations.

Accessory Uses. Table 22.18.030-C, below, identifies the permit or review required to establish each accessory use.

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r ' L $`Q = C:CE $Cl S . EGU . ,10 $, R S QE ES
R-A R-1 R-2 R3 R-4 R-5 Additional
Regulations
Accessory dwelling units SPR SPR SPR SPR SPR -SPR Section 22.140.640 Junior accessory dwelling units ,~P~ SPR SPR SPR Spg SPR Section 22.140.640 SECTION 6. Section 22.18.060 is hereby amended to read as follows:

22.18.060 Development Standards and Regulations for Zone RPD.

Premises in Zone RPD shall be subject to the following regulations:

A. Use Regulations.

2. Conditional Uses. A Conditional Use Permit (Chapter 22.158) application is required if the property in Zone RPD is to be used for a planned residential development, including a mobilehome park, subject to the approval by the Commission or Hearing Officer, which will afford the same or lesser density of population or intensity of use than is specified in the zone, subject to Subsections B through G, below.

3. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Accessory dwelling units and junior accessory dwelling units are subject to a Ministerial Site Plan Review (Chapter 22.186) application, or a Revised Exhibit "A" (Chanter 22.184) application, if the principal residential use is subject to a Conditional Use Permit (Chapter 22.158) application, pursuant to Subsection A.2. above.

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SECTION 7. Section 22.20.030 is hereby amended to read as follows:

22.20.030 Land Use Regulations for Zones C-H, C-1, C-2, C-3, C-M, C-MJ, and C-R.

C. Use Regulations.

2. Accessory Uses. Table 22.20.030-C, below, identifies the permit or review required to establish each accessory use.
~2 :2. ° C~ CC SSOR; 'U E~ . EGU ` O ` ~ C0 E G L Z
C-H C-1 G2 C-3 C-M C-MJ C-R Additional
Regulations
Accessory buildings and Sections
structures, unless more specifically As determined by the principal use 22.110.030, regulated by this Tide 22 22.110.040
Ices o dw Ilin u itsz ~pg S SPR SPR ,p~ S SPR ~tSP SCR Section 22.140.640

P P P P P P P
Junior sso dw Ilin its z SPR ~g SPR ~P CRS SPR ~P Section 22.140.640 Notes:
2, Use may be subject to a Revised Exhibit "A" (Chapter 22 184) a~olicaton instead if the ~rincinal res(dential use fs subject to a Conditional Use Permit (Chanter 22 158) application ~ Minimum lot size is one acre.
2g. Use shall maintain a commerc(al appearance by providing once or window d(spiay space across any side of the building with street or highway frontage. Office or window display space shall have a minimum depth of 10 feet
4¢. The use shall comply with the standards in Section 22.20.080 (Development Standards for Zone C-R). b¢. Minimum lot size is five acres.
6Z. Minimum lot size is one acre where sheltered employment orindustrial-type training Is conducted. ~8. The use shall comply with the standards in Section 22.20.060 (Development Standards for Zone C-M), if assembly and manufacturing would be part ofindustrial-type training. ~~. Use is permitted if publicly owned.
910. Individual crucibles that exceed a capacity of 16 square feet are prohibited. rroaiozesa~ezi 10
180
4-811. Sales shall be limited to retail sales only and all goods sold shall be new.

X12. Use does not permit a kiln or manufacture.

X13. Use may permit manufacturing on the premises when accessory to retail sales, provided that total volume of kiln space does not exceed eight cubic feet.

X314. Use may permit manufacturing on the premises when accessory to retail sales, provided that total volume of kiln space does not exceed 16 cubic feet.
4415. Use includes related installation and repair if conducted within an enclosed building.

X516. Use may include the sale of lumber and other building supplies, but shall exclude milling or woodworking other than accessory cutting of lumber to size, provided that all sale, display, storage and accessory cutting is within an enclosed building.
x&17. Use is permitted within an enclosed building only.

X18. Parking provided is separate from required parking in Chapter 22.112 (Parking), however, use shall be developed in compliance with Chapter 22,112 (Parking).

X19. When nonconforming in zones where the use is allowed with a Conditional Use Permit (Chapter 22.158).

X920. Use is permitted only in conjunction with a health club or center. 2821. Limited to helistops only.

X22. Use does not permit storage.
2 23. Section 22.140.340 (Manufacturing as an Accessory Use in Commercial Zones) shall apply.

X324. Use includes merry-go-rounds, Ferris wheels, swings, toboggans, slides, rebound-tumbling, and similar equipment operated at one particular location.
2425. Use includes zip-lines.
2526. Use may also be subject to Chapter 22.120 (Density Bonus) and Chapter 22.166 (Housing Permits), if it includes affordable housing or senior citizen housing. 2&27. When the use is an affordable housing development (Section 22.120.050), subject to an Administrative Housing Permit (Section 22.166.040).

SECTION 8. Section 22.24.030 is hereby amended to read as follows:

22.24.030 Land Use Regulations for Rural Zones.

C. Use Regulations.

2. Accessory Uses. Table 22.24.030-C, below, identifies the permit or review required to establish each accessory use.

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C-RU I MXD-RU """'"""~' Regulations
Accessory dwelling units g SPR -SPR Section 22.140.640
Home-based occupations P P Section 22.140.290
Junior accessory dwelling units ^ ~ I~ Section 22.140.640 ~ Notes:

SECTION 9. Section 22.26.030 is hereby amended to read as follows:

22.26.030 Mixed Use Development Zone.

B. Land Use Regulations.

3. Use Regulations.
b. Accessory Uses. Table 22.26.030-D, below, identifies the permit or review required to establish each accessory use.

Regulations
Accessory buildings and structures As determined by the Sections 22.110.030, principal use 22.110.040
Access to property Iawfuily used for a purpose not SPR
permitted in Zone MXD
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Section 22.140.640
Home-based occupations
Junior accessory dwelling units
G Section 22.140.290
Section 22.140.640
SECTION 10.

22.46.030
B. Exceptions.

Section 22.46.030 is hereby amended to read as follows:

Administration.

3. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Where the regulations in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) are contrary to the provisions in a Specific Plan re4ulatin4 the same matter, the provisions in the Specific Plan shall prevail, unless specified otherwise in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Unitsl.

SECTION 11. Section 22.112.070 is hereby amended to read as follows:

22.112.070 Required Parking Spaces.

A. Required Parking Spaces. Table 22.112.070-A, below, identifies the minimum number of parking spaces required to establish each use.

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u
Use Number of Spaces
Residential uses g
Accessory dwelling units 10• ~~ 1 uncovered standard space per unit Apartments 6~
Bachelor 1 covered standard space per dwelling unit.

Efficiency and one-bedroom 1.5 covered standard space per dwelling unit ~LuNor accessory dwelling No spaces required.
units
Two-family residences 3 covered standard spaces and 1 covered or uncovered standard space pertwo-family residence.

Single-family residences 10 2 covered standard spaces per unit Notes:

10. When a garage or carport is converted to an accessory dwelling unit, r~dea~s~ases-ire
parking spaces for the primary
residence shall not be reaufred to be replaced. If parking is provided for the primary residence or residences. it may be provided as covered spaces. uncovered spaces. or tandem spaces. in compliance with Section 22.040.030.8 (Use Restrictions) and Section 22.140.640 (Accessory pwellina Units and Junior Accessory Dwelling Unfts).

11. See additional ADU parking provisions in Section 22.140.640.kI~G.1.d (Parking).

SECTION 12. Section 22.140.640 is hereby amended to read as follows:

22.140.640 Accessory Dwelling Units and Junior Accessory Dwelling Units.

A. Purpose. This Section is to provide for the development of accessory dwelling units and junior accessory dwellin4 units with appropriate development HOA102B64797.1 14
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restrictions, pursuant to sections 65852.2 and 65852.22 of the California Government ..- -
B. Applicability. This Section s#a{I-r~et-app{~te-t~ieapplies to accessory dwelling units and junior accessory dwelling units in all zones where permitted, except that in a Coastal Zone, ~~..;«,~~.-;~as defined in Division 2 (Definitions of Title 221. accessory dwelling units and junior accessory dwelling units shall be subject to the regulations set forth in #dean applicable Local Coastal Program~#aN-se~rtrel.

1. Accessory dwelling units and junior accessory dwelling units shall be prohibited in the following areas:
a. On lots that are located in the area between Old Tooanga Canyon Road, the Coastal Zone boundary, the City of Calabasas, and the City of Los Angeles; and
b. On lots that are located in the Santa Monica Mountains North Area and only have vehicular access from Lobo Canyon Road or Triunfo Canyon -..~

2. Very High Fire Hazard Severity Zone.
a. Where a lot. or any portion thereof, is located within a Very High Fire Hazard Severity Zone, as depicted in the General Plan, and a Hillside Management Area, as depicted in the General Plan, other than those described in HOA.102864797.1 ~ rJ
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Section 22.104.030.D, an accessory dwelling unit or a junior accessory dwelling unit shall be prohibited on the lot, unless it has two distinct means of vehicular access to a highway that meet the following requirements:
i. The two distinct means of vehicular access as
measured from the lot frontage to the point of intersection with a highway, shall not overlap with each other. For example, see Figure 22.140.640-A, below; ii. Each distinct means of vehicular access shall contain pavement of at least 24 feet in width, exclusive of sidewalks; and iii. Each distinct means of access shall be built to public street standards approved by Public Works.
b. Where a lot or any portion thereof is located within a Very High Fire Hazard Severity Zone and is not located within a Hillside Management Area, an accessory dwelling unit or a junior accessory dwelling unit shall be prohibited on the lot, unless it has two distinct means of vehicular access from the lot to a highway that meet the requirements in Subsection C.2.a. above, except that the means of vehicular access may include an unpaved road of at least 24 feet in width maintained by Public Works.
c. Notwithstanding Subsections C.2.a and C.2.b, above,
accessory dwelling units and junior accessory dwelling units shall be permitted on lots with a single means of vehicular access, if such lots front a highway and vehicles enter directly from the highway. For example, see Figure 22.140.640-A. below.

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FIGURE 22.140.640-A: VEHICULAR ACCESS REQUIREMENTS IN THE VERY HIGH

FIRE HAZARD SEVERITY ZONE
Ill OwrlappinQ meant of accou
~~ AIXI/JAOU No[Po~nitted
Twa distlpctmxna olacuss
ADU/JAOU Permitted
i1t SInQI~m~~os ofauau-Iat fronb on Nghway
E~ +nd wNdu artet directly Irom tlw highway
AWNADU Parmlttad
■
.-. az~..e.0~~w.~~..~.-.!.. ~.~-.~:.a"~e`e"""`e'er ~" ~ -- _ ~ ;~-_' :aJY~L'.F~::.=:o.

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1. General. A decision on an application for an accessory dwelling unit or a junior accessory dwelling unit shall be made within 60 days of application submittal.

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2. If an application for an accessory dwelling unit or a junior accessory dwelling unit is submitted concurrently with a Ministerial Site Plan Review LChaater 22.186). or a Revised Exhibit "A" (Chapter 22.184) application, for a new single-family residence on the lot, a decision on the application for the accessory dwelling unit or junior accessory dwelling unit may be delayed until a decision on the application for the new single-family residence is made.

3. If the aaplicant requests a delay in writing. the 60-day time period shall be tolled for the period of the delay.

E. Maximum Number of Accessory Dwelling Units and Junior Accessory Dwelling Units. Table 22.140.640-A, below, identifies the maximum number of accessory dwelling units and junior accessory dwelling units aermitted on a lot:
1 Any existing, legaliv-built housing type
other than one single-family residence
in any zone that allows residential use
1 or 25 percent of existing
dwelling units. whichever is
greater. converted from spaces
within existing residential
1 6F. Use Restrictions. An accessory dwelling unit or a junior accessory dwelling unit shall be subject to all of the following use restrictions:

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- - _ - ~+n~:mmn
- - TT'

1. Ownership. An accessory dweilinq unit or a junior accessory dwelling unit shall not be sold separately from the principal residential buildina(s) on the same lot.

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2. Duration of Tenancy. An accessory dwelling unit or a junior accessory dwelling unit may only be used as a rental unit for a period of at least 30 consecutive days.

3. Home-Based Occupation Prohibited. No home-based occupation shall be conducted within an accessory dwelling unit or a junior accessory dweliinp unit. #G. Development Standards.
vir~gl Accessory Dwelling Units—R~
etaa~aarerm►rnn:r.~nnrra:s+irar..rrnemrizvrsm+:~.rz~r.~-r_r.~z~rn~~r.:nm .. ~. , ~
.. e.
~a. Floor Area.
ai. Minimum. An accessory dwelling unit shall have a
minimum floor area of 150 square feet, with one habitable room with a minimum floor area of 70 square feet.
bii. Maximum.
~:~, General.
(~a) The maximum floor area of an
accessory dwelling unit shall be 1,200 square feet, if the accessory dwelling unit is any of the following:
(a) Anew detached structure; or
o:m~~ssTnamsearsmn~srrr.~r_r.~ma~
The result of the conversion of an existing. legally-built HOA.102864797.1 2~
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accessory structure with an addition to expand the floor area of said structure by more than 150 square feet.
(bl There is no maximum floor area for an
accessory dwelling unit, if the accessory dwelling unit is any of the following_ (i) Entirely within an existing, legallybuilt single family or multi-family residential building• or (ii) The result of the conversion of an
existing, legally built accessory structure, with an expansion of not more than 150 sauare feet beyond the same physical dimensions of said structure. solely for the purpose of accommodating ingress and egress.
(~c) For an attached accessory dwelling unit
not described in Subsections ~ ~.' ~;;~o;G.1.a.ii.(11(a)(ii) or ,-To:;:~ ~.' ~~,G.1.a.ii.(1)(b), above, the total floor area of the attached accessory dwelling unit shall not exceed 50 percent of the habitable area of saidthe single-family residence at the time of application submittal, or 1,200 square feet, whichever is less, provided at least an 800 square foot accessory dwelling unit is allowed.
iij~. €~csepEisrjsCommunity Standards District and
.- -
~:—_ " ~ "`~"` ^~ u' ~ ; "`~^` ^~eveAccessory dwelling units shall not be subject to any HOA.102864797.1 ZZ
192
Community Standards District or Specific Plan provision pertaining to floor area, gross structural area. or lot coverage.
_ _ _
~..
. i _
3b. Height.
ai. 6eaer-a1—The maximum height of an accessory
dwelling unit on a lot with an existing or proposed single-family residence shall be 25 feet.

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bii. €xsep~ieasThe maximum height for detached
accessory dwelling units on a lot containing an existing multi-family dwelling structure or structures shall be 16 feet.
t#eThere is no maximum height e€for an accessory dwelling unit, if the accessory dwelling unit is any of the following:
(1) Entirely within an existing, legally-built
single family ,~~or ~^~ multi-family residential building; or (2) The result of the conversion of an existing,
legally built accessory structure with fle-expaasi an
expansion of not more than 150 square feet beyond the same physical dimensions of said structure, limited to accommodating ingress and egress.

Win.
(~-}iv. Community Standards Districts and Specific Plans.

Any new accessory dwelling unit, or expanded portion of an existing structure that is part of a proposed accessory dwelling unit, shall not exceed the maximum height specified in a Community Standards District or Specific Plan, or 25 feet, whichever is less, provided that the maximum height allows a minimum 16-foot-hiah accessory dwelling unit
{~v. Proximity to Scenic Resources. Notwithstanding
Subsection u•' G.1.b.iv, above, if any new accessory dwelling unit, or expanded HOA.102864797.1 24
194
portion of an existing structure that is part of a proposed accessory dwelling unit, is located within 200 feet of an adopted route with scenic qualities, Scenic Route, Scenic Drive, or Scenic Highway, the new accessory dwelling unit or expanded portion shall not exceed the height of the single-family fesideaseor multi-family residential building, or 18 feet, whichever is less, provided that the maximum height allows a minimum 16-foothigh accessory dwelling unit. - 1 1 ~
5c. Required Yards.
ai. The depth of a yard between the existing structure
and an existing lot line shall be deemed the required yard depth, if the accessory dwelling unit is any of the following:
t(1) Entirely within an existing, legally-built singlefamily residence; or f}:,(2j The result of the conversion of an existing,
legally-built accessory structure with no expansion of the floor area of said structure, or constructed in the same location and to the same dimensions as an existing structure.

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bii. For an accessory dwelling unit not described in
Subsection ki:-S:eG.1.d.i, above:
~.
- - - - - - ;~a~=. - -
#~(1) Any new accessory dwelling unit, or expanded
portion of an existing structure that is part of a proposed accessory dwelling unit, shall be at least four feet from the rear, interior side, and corner side lot lines. notwithstanding any contrary provisions in this Title 22.
fii:u An accessory dwelling unit that is built above a
garage shall be at least #iaefour feet from the reversed corner side lot line, notwithstanding any contrary provisions in this Title 22. 6d. Parking.

No parking shall be required for an accessory
dwelling unit that is located outside of a Very High Fire Hazard Severity Zone;—ef_ located within a Very High Fire Hazard Severity Zone shall be provided in accordance with Chapter 22.112 (Parking), unless any of the following exceptions are met in which case no parking shall be required:

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I1) The accessory dwelling unit has no bedroom:
(21 The accessory dwelling unit is detached, with a
maximum floor area of 800 square feet and a maximum height of 16 feet, and is located on a lot with a ar000sed or existing single-family residence:
(3) The accessory dwelling unit is detached, with a
maximum height of 16 feet and minimum rear and side yard depths of four feet, and is located on a lot with an existing multi-family residential building; (4) The accessory dwelling unit is entirely within
an existing, legally-built single-family ormulti-family residential building:
(5) The accessory dwelling unit is the result of the
conversion of an existing, legally built accessory structure with an expansion of not more than 150 square feet beyond the same physical dimensions of said structure limited to accommodating ingress and egress~
(a6) The accessory dwelling unit is located within
one-half mile walking distance of public transit;
(~~ The accessory dwelling unit is located within
an architecturally and historically significant historic district; (48) When on-street parking permits are required,
but not offered to the occupant of the accessory dwelling unit; or HOA702864797.1 27
197
(~9) When there is a car share vehicle
lesatedlocation within one block of the accessory dwelling unit. iii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted into an accessory dwelling unit no replacement parking shall be required for the accessory dwelling unit or single-family ormulti-family residential building. b_i v. ~equiredWhen parking is required for the accessory dwelling unit or single-family feside~seor multi-family residential building, such parking may be located on a driveway, or in an area #k~at-is-ae-le~gefpreviously used as a driveway to a garage or carport,—aa~~~; ge-eF-sarpsf#-te that has since been demolished in conjunction with the construction of an accessory dwelling unit or converted into an accessory dwelling unit. 1e. Distance from Publicly Dedicated Open Space. In any Fire Hazard Severity Zone, as defined in Title 32 (Fire Code) of the County Code, an accessory dwelling unit shall be located at least 200 feet from publicly dedicated open space, provided an accessory dwelling unit with side and rear yard setbacks of at least four feet is allowed.
f. Roof and Exterior Siding Materials. An accessory dwelling unit shall comoly with Section 22.140.580.D (Roof and Exterior Siding MaterialsL

2. Junior Accessory Dwelling Units.
a. Floor Area.

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i. Maximum. A junior accessory dwelling unit shall not
exceed 500 sauare feet in size and shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. ii. Community Standards Districts and Specific Plans.

The junior accessory dwelling unit shall not be subject to any Community Standards District or Specific Plan provision pertaining to floor area, gross structural area or lot coverage.
b. Separate Entrance. A junior accessory dwelling unit shall have a separate entrance from the single-family residence. c. Access to Bathroom. Access to a bathroom shall be
required, which may be part of the square footage of the junior accessory dwelling unit or located within the existing single-family residence. If the units bathroom is provided as part of the single-family residence. the junior accessory dwelling unit shall have interior access to the main living area of the single-family residence.

H. Covenant Requirement for Junior Accessory Dwelling Unit. The owner shall record a covenant in a form prescribed by the County which shall run with the land for the benefit of the County and provide for the following:

1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence;

2. A restriction on the size and attributes of the junior accessory dwellino unit consistent with this Section: and
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3. A requirement that either the primary residence or the junior accessory dwelling unit be the owner's bona fide princiaal residence, unless the owner is a governmental agency, land trust, or housing organization.

I. Owner Occupancy.

1. If a property contains a junior accessory dwelling unit, either the single-family residence or junior accessory dwelling unit shall be the principal residence of at least one legal owner of the lot as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency, unless the property is owned by a governmental agency, land trust, or housing organization. d2. Release of Owner-Occupancy Covenant. The County-ef-6ss A~eles releases its interest in any covenant for an accessory dwelling unit that required owner-occupancy in perpetuity of either the single-family residence or the accessory dwelling unit that is located on the same lot, recorded in the RegistrarRecordedCounty Clerk, running with the land for the benefit of the County ~,-~' ^F ^s J. Community Standards Districts and Specific Plans. Where the regulations i n this Section are contrary to the provisions in a Community Standards District or Specific Plan regulating the same matter, the provisions of the Community Standards District or Specific Plan shall prevail, with the following exceptions:

1. Use. Neither Community Standards Districts nor Specific Plans shall prohibitor require a discretionary permit for an accessory dwelling unit or ajunior accessory dwelling unit in areas where residential uses are permitted; and HOA.102864797.1 3~
200

2. Development Standards. As specified otherwise in this Section.

K. Notwithstanding anv contrary provision in this Title 22, the approval of an accessory dwelling unit or a junior accessory dwelling unit shall not be subject to the correction of anv nonconforming zoning condition, inciudinq buildings or structures nonconforming due to standards or use, as defined in Section 22.14.020 of Division 2 (Definition). provided that the lot is in a zone that allowed residential use.

L. To the extent that anyprovision of this Title 22 is in conflict with law sections 65852.2 or 65852.22 of the California Government Code. the applicable provision of State law shall control, but all other provisions of this Title 22 shall remain in full force and effect.

SECTION 13. Section 22.172.050 is hereby amended to read as follows:

22.172.050 Termination Conditions and Time Limits.

C. Exception. The termination periods enumerated in this Section shall not apply to one-family and two-family dwellings, er-te-accessory dwelling units, or junior accessory dwelling units.

SECTION 14 Section 22.300.020 is hereby amended to read as follows:

22.300.020 Application of Community Standards Districts to Property.

B. Additional Regulations.

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201

2. Accessory Dwelling Units and Junior Accessory Dwelling Units. p~4y-t~assessegF-dwellffl^ ~.~:~;a::ews:Where ~ ~^ the
regulations in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) are contrary to the provisions in a CSD regulating the same matter, the provisions in the CSD shall prevail, unless specified otherwise in Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units). .. .. .. ..
.- - -
+zvrssrr.~.yz~ri~rra~rrtr_~~~:~z _ .. _ .. e~~yer.+a
[2214010SCCC]
HOA.102864797.1 32
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1 To: Members of the City Council
From: Malibu Coalition for Slow Growth by Patt Healy
Date 11-27-23
Agenda Item 4A
Honorable Members of the City Council,
The Malibu Coalition for Slow Growth asks you consider the following :

SAFETY AND LACK OF INFRASTRUCTURE
The safety of Malibu residents is the council’s primary responsibility. Malibu doesn’t have the infrastructure to support the safe evacuation of its existing residents much less adding more. Our infrastructure is inadequate. PCH is Malibu’s evacuation route and in an emergency it will be gridlocked either citywide or at least , in the evacuation areas making any safe evacuation difficult. How will people who rely on public transportation evacuate in an emergency? What happens if a vehicle breaks down or runs out of gas and blocks an evacuation route? The Woolsey fire came from over the hill and there was time to evacuate but what if the fire starts nearby during a high wind event? What happens if the fire is at night and the smoke is so thick when evacuating people are unable to see ahead of them? The time to safely evacuate would be nonexistent likely creating harm or death to some residents, their pets and other animals. These real possibilities haveto be taken into consideration during your decision making.

Safety should be your guide not the Housing Element if it is going to jeopardize resident safety.

When deciding the ADU Ordinance we ask the Council to err on the side of caution.

ADU COUNTY ORDINANCE
Follow the lead of the County and adopt the portion of their ordinance which limits ADUs to area’s where there are 2 exits to a highway in VHFHSZs. Malibu being in very high fire hazard severity fire zone, it only makes sense to follow the County’s lead adopt the County restrictions on ADUs.

Please see attached County Ordinance pages 15, 16 and 17 . 203
2 Here is suggested language adapting the applicable portion County ordinance to Malibu’s needs.
“ Where a lot or any portion thereof is located within a Very High Fire Hazard Severity Zone an accessory dwelling unit or a junior accessory dwelling unit shall be prohibited on the lot, unless it has two distinct means of vehicular access from the lot to a highway except that the means of vehicular access may include an unpaved road of at least 24 feet in width maintained by the city.

Notwithstanding the above above, accessory dwelling units and junior accessory dwelling units shall be permitted on lots with a single means of vehicular access, if such lots front a highway and vehicles enter directly from the highway. For example, see page 17 of the County Ordinance.”
The staff report states that cul de sac’s and that don’t lead directly onto a highway prohibit ADU’s. This is one interpretation the council could adopt.

If you think this interpretation should be interpreted more broadly we recommend it be defined as “a street that that has 2 or more ways to a highway. For Example, On Point Dume residents have 2 routes to PCH Heathercliff and Zumirez. Bonsall residents have 2 routes via Bonsell and by way of Busch to PCH.

Whatever interpretation you choose, should be clearly spelled out in the ordinance.

SMALL LOTS
Our understanding of the ADU law is not all neighborhoods in the city must be allowed construction of a ADU on their property. Ideally, they should be allowed on lots consisting of one acre or more.

Small lot subdivisions are not suited for ADUs. They are most suited for JADUs and garage conversions and recommend limiting ADUs to this.

The reason to prohibit ADU’s in small lot subdivision is neighbors live in very close proximity to each other and often back to back to each other. An ADU residence so close to the neighbor’s property line will create for the neighbor a nuisance, the loss of enjoyment of their property and the loss of privacy. For 204
3 this reason 900 or greater square foot ADU is not appropriate on small lots or small lot subdivisions. Exclude them in these areas.

ROAD WIDTH
Many of Malibu Roads are dangerously narrow. More like driveways being only 12 or 15 ft wide which would prohibit save evacuation. That is why ADU’s should only be allowed on streets 20- 24 ft. wide.

HEIGHT
The height of an ADU shall be no greater than 16 ft. or the height of the existing residence which ever is lower, Many of Malibu’s existing homes are under 16 ft in height and an ADU should be limited to the lower height.

SIZE
The allowable size on larger lots of an acre or more should be 900 sq.ft. for a studio or 1 bedroom and 1000 sq.ft for a 2 bedroom. The 1200 square foot ADUs allowed a fire rebuild can be grandfathered in.

RENT CONTROL
Today there is and there will be no affordable ADU housing in Malibu. If it is the city’s intention to have ADUs fulfill the affordable housing requirement they should consider some sort of rent control/ rent stabilization ordinance to actually make these units affordable at least for median income renters.

Family members such as elderly relatives and adult children as well as Owner’s employees most likely would qualify as low income residents if no or little rent is charged.

CONCLUSION
Adopt the County language regarding ADU’s in VHFHSZ’s. but for clarification add the interpretation of the ordinance.
205
4 Limit small lot subdivisions to JADUs and Garage Conversions.

Define the width od a road that can have ADU’s
Limit the of an ADU to 16ft. in height or the height of the main residence which ever is lower. height
Consider some form of ADU rent control/rent stabilization ordinance for third party non family member renters or employees in order for an ADU to qualify for medium income affordable housing.

Thank you for considering our comments.
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5 207
6 208
7 209
8 210
9 211
10 212
11 213
12 214
13 215
14 216
15 ADU COUNTY ORDINANCE
Follow the lead of the County and adopt the portion of their ordinance which limits ADUs to area’s where there are 2 exits to a highway in VHFHSZs. Malibu being in very high fire hazard severity fire zone, it only makes sense to follow the County’s lead adopt the County restrictions on ADUs.

Please see attached County Ordinance pages 15, 16 and 17 . For example, this would allow ADUs in Malibu Park and on Point Dume but mot allow them on properties in Malibu West, Trancas Highlands and along Trancas Canyon Rd.

More ADUs will result in a more difficult evacuation. No one wants to relive the horror of the Woolsey fire evacuation.

The city recommended evacuation routes may not be safe routes for the fire most likely will be coming from the direction of the proposed routes and furthermore they may be gridlocked with Santa Monica Mountain residents attempting to evacuate. Obviously, the more cars evacuating, the greater the danger of loss of life.

We ask you to be cautious and recommend to the Council the portion of the County Ordinance that deal with ADU’s in VHFHSZ .

Small lot subdivisions are not suited for ADUs. They are most suited for JADUs and garage conversions and recommend limiting ADUs to this.

The reason to prohibit ADU’s in small lot subdivision is neighbors live in very close proximity to each other and often back to back to each other. An ADU 217
16 residence so close to the neighbor’s property line will create for the neighbor a nuisance, the loss of enjoyment of their property and the loss of privacy.

An 900 or greater square foot ADU is not appropriate on small lots or small lot subdivisions . Staff suggestion of 500 sq ft is far too large for these small lot subdivisions and should be rejected.

HEIGHT
If one story main residence the height should be no greater than 16 ft. Those existing higher ADUs should be grandfathered in.

Family members such as elderly relatives and adult children as well as Owner’s employees most likely would qualify as low income residents if no or little rent is charged.

CONCLUSION
Adopt the County language regarding ADU’s in VHFHSZ’s.

Limit small lot subdivisions to JADUs and Garage Conversions.

Consider some form of ADU rent control/rent stabilization ordinance for third party non family member renters in order for an ADU to qualify for medium income affordable housing.

Thank you for considering our comments.
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11 [2.~7ft..3
~4~L~A

BAUTE CROCHETIERE HARTLEY & MCCOY LLP

MEMORANDUM
TO: Council Members Stewart, Grisanti and Riggins, Planning Commissioners Peak, Smith and Leonard
FROM: Mark D. Baute
DATE: November 27, 2023
RE: The Illegal Proposed Mazza ADU Ordinance
Re: The Illegal Mazza ADU Ordinance, Item 4A, Malibu City Council Meeting The proposed ADU Ordinance currently in front of the City Council for adoption on November 27, 2023, is (a) clearly illegal, (b) will be rejected by both the Coastal Commission and the State Housing and Community Development (“HCD”) Office, and (c) based entirely on John Mazza’s idea of blocking and discouraging ADUs by “hiding behind the LCP,” something that is expressly prohibited by the Coastal Commission and its Executive Director, Jack Ainsworth.

Rather than embarrass itself by adopting something clearly illegal, the City Council should send the ADU Ordinance back to the Planning Commission, so that the Planning Commission can propose something that actually represents the city’s attempt to (a) comply with rather than violate the ADU Statute and violate Senate Bill 9, (b) limit mansionization within the city, and (c) incentivize the construction of small scale one story ADU’ s within the City ofMalibu. The Illegal ADU Ordinance being considered for adoption on November 27, 2023, is referred to hereafter as the “Illegal Mazza ADU Ordinance.”
I. WHY TONIGHT’S ILLEGAL ADU ORDINANCE IS REFERRED TO AS “THE ILLEGAL MAZZA ADU ORDINANCE.”
Sadly, the only Planning Commissioner that has been vocal over four years with irrelevant questions and a lengthy filibuster, was John Mazza (“Mazza”). His first gambit was a filibuster in 2022, which consumed an inordinate amount of the city’s staff time answering over 20 irrelevant questions. Without dignifying this silly filibuster, suffice it to say this much: (a) the city’s staff answered each of the questions, most of which were irrelevant to how the City could better itself by adopting a legal ADU Ordinance, and (b) Mazza’s filibuster tactic was nonetheless successful, the city of Malibu is now five years late in adopting an ADU statute, and is among the last (if not the only) remaining coastal enclave city that has failed to adopt an ADU ordinance.

After his filibuster ran its course, Mazza’s next suggestion at a public Planning Commission meeting was that the City should essentially do nothing, and instead, should hide behind its current “Local Coastal Plan,” the notion being that because the Coastal Act allows 5351496.3
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November 27, 2023

Page 2 ends

Malibu City CouncilDecember 11, 2023

Malibu City Council
December 11, 2023