Agenda packet, first session — Malibu City Council, September 23, 2024 (part 5 of 5)

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6. Supportive housing permitted in the same manner as single-family residences and subject to all the restrictions that apply to single-family residential uses.

M. Section 17.40.040(A)(5) shall be replaced in its entirety as follows:

For an addition to an existing structure, the height shall be measured from the bottom of the first floor diaphragm on the ocean side, or the lowest recommended finish floor elevation, whichever is lower, and the center line of the road on the land side.
c. Notwithstanding any provision of this section, the director may issue a development permit, pursuant to the site plan review process of this title, to allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two, except as provided for projects in the affordable housing overlay district pursuant to Section

17.42.020(L)(3)(b)(iii).

N. Section 17.40.040(A)(11) shall be replaced in its entirety as follows:

11. Impermeable Coverage. Use of permeable surfaces is encouraged, especially for driveways.
a. Single-family. Including the single-family residence, impermeable surfaces are permitted for lot areas (excluding slopes equal to or greater than 1:1), up to onequarter acre at 45%, for lot areas greater than one-quarter acre but a one-half acre 427
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or less, at 35% and for lots greater than one-half acre at 30% up to a maximum of 25,000 square feet. Beachfront lots shall not be subject to this subsection. b. Multifamily. Twenty-five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. “Green or living walls” shall not be considered landscaping for the purpose of this paragraph.

The required five foot landscape buffer around the perimeter of parking areas shall count toward the 25% requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. Beachfront lots shall not be subject to this subsection.

O. Section 17.40.120 shall be replaced in its entirety as follows:

17.40.120 Special housing projects.

A. Emergency shelters.

1. Purpose. The purpose of this section is to provide standards for emergency shelters.

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

3. Permitted Use. Emergency shelter uses that comply with the standards in Section

17.40.120(A)(4) shall be established by-right.

4. Regulations. An emergency shelter shall comply with all of the following standards.

An application for an emergency shelter shall include a written operations plan with exhibits indicating compliance with all of the standards. a. Size Limit. The maximum number of individuals permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the shelter or one person per 125 square feet of floor area, whichever is less. In no case shall occupancy exceed 2555 individuals at any one time. Total square footage of a new facility shall comply with the maximum square footage limit set forth for the underlying zoning district. b. Facility Requirements.
i. Each occupant shall be provided a minimum of 50 square feet of personal living space, not including space for common areas.
ii. Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2). 428
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iii. Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.
iv. The shelter may provide one or more of the following specific facilities and services onsite, including, but not limited to:
(1) Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;
(2) Dining area;
(3) Laundry room;
(4) Recreation room;
(5) Support services (e.g. training, counseling, etc.); and (6) Child care facilities.
c. Management. At a minimum, a shelter shall have an onsite management office, with at least one employee present at all times during which the shelter is in operation and is occupied by at least one resident.
d. Proximity to Other Shelters. No emergency shelter shall be located within 300 feet of another emergency shelter. The 300 foot separation shall be measured from the nearest points of the property lines on which the shelters are located. e. Length of Stay. Individual occupancy in an emergency shelter is limited to six months in any 12 month period (Section 50801 of the Health and Safety Code). f. Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor onsite waiting and intake areas. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area. i. Staging for drop-off, intake and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard.
ii. Shelter plans shall show the size and location of any proposed waiting or occupant intake areas, interior and exterior.
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iii. Off-Street Parking. Parking shall be provided, in accordance with Section

17.48.030 of this title.

5. Reviewing Authority. Applications for emergency shelter use shall be reviewed by the director or designee. If the proposed use meets the requirements of this Section, the director shall issue a permit.

B. Low barrier navigation centers.

1. Purpose. The purpose of this section is to provide standards for low barrier navigation centers.

2. Applicability. The provisions of this section are applicable in the Community Commercial (CC) zoning district where the Affordable Housing Overlay (AHO) also applies, and Commercial General (CG) zoning district.

3. Permitted Use. Low barrier navigation center uses that comply with the standards in Section 17.40.120(B)(4) shall be a permitted use established by-right.

4. Regulations. A low barrier navigation center shall meet the following requirements:
a. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
c. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
d. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
e. Unless specifically modified by standards detailed in this Section, a low barrier navigation center shall be consistent with all objective standards that apply to other multi-family residential uses within the same zoning district.

5. Reviewing Authority.
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Applications for low barrier navigation center uses shall be reviewed by the director or designee. If the proposed use meets the requirements of this Section, the director shall issue a permit.

C. By-right permanent supportive housing.

2. Applicability. The provisions of this section are applicable in the Multiple Family Residential (MF), Multifamily Beach Front (MFBF), Community Commercial (CC), Commercial General (CG),

3. Permitted Use. Permanent supportive housing uses that comply with the standards in Section 17.40.120(C)(4) shall be a permitted use established by-right.

4. Regulations. By-right permanent supportive housing shall satisfy each of the following requirements:
a. All provisions of Government Code section 65651(a).
b. Unless specifically modified by standards detailed in this Section, the supportive housing development is consistent with all objective standards that apply to multi-family residential use within the same zoning district. c. Parking spaces are provided for the supportive housing consistent with the standards that apply to multi-family residential use in Section 17.48.030(A) of this title, unless the development is within one-half mile of a public transit stop, in which case one parking space shall be required for each employee on the maximum staff shift.

5. Reviewing Authority. Applications for a by-right permanent supportive housing use shall be reviewed by the director or designee. If the proposed use meets the requirements of this Section, the director shall issue a permit.

D. Single-room occupancy facilities.

The following standards shall apply to any single-room occupancy (SRO) facility development proposal in addition to all other commercial development standards set forth in this chapter. The provisions of this section are applicable in the Commercial general (CG) zoning district.
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1. SRO units shall be for the purposes of providing affordable housing and shall not serve the purpose of recreational or travel needs.

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

3. Laundry facilities must be provided onsite.

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

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

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

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

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

P. Section 17.41.1.010 shall be replaced in its entirety as follows:

A. Purpose. This section is intended to implement the provisions of:

1. State Government Code Sections 65915 through 65918, which require a local jurisdiction to provide incentives for the production of affordable housing units; and

2. The city’s general plan housing element policies relating to the provision of affordable housing.
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B. Eligibility. A density bonus may be granted to an eligible housing development as defined in Government Code Section 65915(i), pursuant to Government Code Section 65915.

C. General Provisions.

1. Density Bonus Awarded. For a housing development qualifying pursuant to the requirements of Government Code section 65915, the city shall grant a density bonus in an amount specified by Government Code section 65915. a. For the purposes of calculating the density bonus, the “maximum allowable residential density” shall be the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan. b. Except as otherwise required by Government Code section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. c. A density bonus application consistent with this section shall be granted pursuant to Government Code section 65915 unless the city finds that the project cannot feasibly be accommodated on the site in a manner that conforms to the California Coastal Act.

2. Incentives/Concessions. The city shall grant the applicant the number of incentives and concessions required by Government Code section 65915(d). The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the following written findings based upon substantial evidence:
a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k) of section 65915 to provide for affordable housing costs as defined in section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c) of section 65915.
b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and/or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
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c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested incentive(s) and/or concession(s), cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.

3. Waiver or Reduction of Standards. Except as restricted by Government Code section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:
a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested waiver(s) and/or reduction(s) of development standards, cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.

4. Parking Reduction. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code section 65915(p), as that section may be amended from time to time.

5. Construction and Integration of Affordable Units.
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a. Construction of Affordable Units. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units. b. Location and Dispersal of Affordable Units. The affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project, and the affordable and market rate units shall have the same exterior appearance and quality of construction as that of the market rate units in the same housing development project.

6. Replacement Housing Requirement. Pursuant to Government Code section 65915(c)(3), as it may be amended from time to time, the applicant shall be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; or a
b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low-income have been vacated or demolished in the five-year period preceding the application; or
c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

D. Procedures. The procedures for implementing this section shall be as follows:

1. Application and Review. An application for a density bonus shall be filed and processed concurrently with any other land use application(s) for the housing development. The reviewing authority for a density bonus shall be the city council after recommendation from the planning commission.
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2. Notification to Developer. The city shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.

3. Documentation. The application for a density bonus shall clearly indicate the number of units pursuant to Section 17.41.1.010(C)(1)(a) allowed by the city’s general plan and zoning regulations, the number of density bonus units requested, the number of affordable units that will be included in the proposed project, and the location of the affordable units. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the planning director.

4. Affordable Housing Agreement. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives or concessions, or waivers or reductions, have been given, the developer shall submit documentation in accordance with Section 17.41.1.020 of this chapter.

E. Required Terms for Continued Availability of Affordable Units. The eligible housing development shall comply with Government Code section 65915(c)(1).

F. Density Bonus Law.

1. Compliance. The applicant shall comply with all requirements of Government Code section 65915. The requirements of Government Code section 65915, and any amendments thereto, shall prevail over any conflicting provision of this code.

2. Interpretation. The provisions of this section shall be interpreted to implement and be consistent with the requirements of Government Code section 65915. Any changes to Government Code section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein.

Q. Sections 17.42.020(L)(3), (4) and (5) shall be replaced in their entirety as follows:

3. Standards.
a. Density. Affordable housing developments in the AHO shall:
i. Have a minimum density of 20 units per net acre.
ii. Have a maximum density of one dwelling unit per 1,613 square feet of lot area, including exclusive of any the additional density bonus pursuant to Section 17.41.1.010 of this title.
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iii. Have a minimum of 16 dwelling units.
iv. For Sites 1 and 2, a minimum of 20% of all units shall be deed restricted ("restricted units") as very-low or lower-income multifamily dwelling units.

For Site 3, 80% of the units within an affordable housing development, exclusive of a manager's unit(s), shall be affordable to lower and moderate income households as set forth in subsection 5 of this section, and a minimum of 50% of the affordable units shall be deed restricted (“restricted units”) as very low or low-income multifamily dwelling units.

Table 1 – AHO District Sites
Site
Number APNs Address
1 4467-013-022 and
4467-013-023
28517 Pacific Coast Highway
and adjacent vacant lot
2 4467-012-005 28401 Pacific Coast Highway
3 4458-022-908 A 2.3 acre portion of 23465
Civic Center Way (La Paz Site
and formerly known as 3700 La
Paz Lane)
b. Development

i. Site of Construction. Structures may be constructed on slopes flatter than 1½:1.
ii. Hillside Development. Properties within this overlay district are exempt from the hillside development standards of Section 17.40.040(A)(20) of this title.
iii. Height. Development may exceed two stories in height but shall not exceed 30 feet in height.
iv. Applicable Code Provisions. The residential development standards contained in Section 17.40.040 of this title, as well as all other applicable municipal code provisions, shall apply to affordable housing development, unless specifically modified by standards detailed in this section. c. Restricted Units. The restricted multifamily dwelling units required under this section:
i. May either be rental or for-sale dwellings;
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ii. Shall have the same exterior appearance and quality of construction as that of the market rate units in the same affordable housing development project;
iii. Shall have the same amenities as the market-rate units in the same housing development project, including the same access to and enjoyment of common open space, landscaping, parking, storage, and other facilities in the development;
iv. The unit mix based on bedroom count shall be proportional to the unit mix based on bedroom count provided for the market-rate units in the same affordable housing development project;
v. May be comprised of up to 33% less square footage than market rate units of the same bedroom count;
vi. Shall be dispersed throughout the affordable housing development on each floor and section of the building(s) and throughout the site such that no more than 50 percent of the proposed restricted units are consolidated into one structure in developments with more than one multi-unit structure, and no more than 20 percent of the proposed restricted units in a single multiunit structure are located adjacent to each other or stacked on consecutive floors unless it is unavoidable due to the required unit mix and distribution; and
vii. Shall be made available for occupancy concurrently with the market rate units of the affordable housing development as follows:
(1) In ownership projects, the City may not issue building permits for more than fifty (50) percent of the market-rate units until it has issued building permits for all of the deed restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventy-five (75) percent of the market-rate units until it has issued final inspections or certificates of occupancy for all of the deed restricted units.
(2) In rental projects, the City may not issue building permits for more than fifty (50) percent of the market-rate buildings until it has issued building permits for all buildings containing deed restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventy-five (75) percent of the market-rate buildings until it has issued final inspections or certificates of occupancy for all of the buildings containing deed restricted units. 438
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(3) In the event the City approves a phased project, the deed restricted units shall be provided proportionally within each phase of the affordable housing development.

4. Affordability.
a. Rental Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record an affordable housing agreement per Section 17.41.1.020 of this title for a period of not less than 55 years that includes the provisions and terms for meeting the requirements of this section. The Affordable Housing Agreement shall be completed by the developer on a form acceptable to the City and submitted with an application for the affordable housing development. b. For-Sale or Owner-Occupied Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record in the office of the Los Angeles County recorder a covenant in a form approved by the city restricting future sale prices to households with incomes as required in Section 17.42.020(3)(a)(iv) and including procedures for verifying and maintaining compliance with income eligibility requirements for a period of not less than 55 years. c. Housing Plan. An application for approval of an affordable housing development shall include an Affordable Housing Plan describing how the development will comply with the provisions of this Section. No application for approval of an affordable housing development shall be deemed complete unless the Affordable Housing Plan is in conformance with this Section. An Affordable Housing Plan shall include a written description and project plans indicating each of the following:
i. Number of restricted units proposed;
ii. Unit square footage and number of bedrooms for market-rate and restricted units and whether they are ownership or rental units;
iii. Proposed location of the restricted units;
iv. Amenities and services provided for the unit residents; v. Specific level of affordability for each of the restricted units; and vi. Schedule for production of the restricted and market-rate units. 439
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5. Review and Approval. Affordable housing on Sites 1 and 2 that qualifies under, and is consistent with the provisions of, this Section and that provides at least 20 percent of the total dwelling units to households qualifying as lower-income, shall be approved by the city as a by-right use. Subdivisions of land associated with affordable housing projects on Sites 1 and 2 that are consistent with Title 16 shall be approved by-right. Affordable housing on Site 3 shall be reviewed and approved as set forth in Chapter 17.62 of this title.

R. Section 17.42.020(L) shall be modified to add new subparts (6) and (7) as follows:

6. Replacement Housing. The following requirements shall apply to Sites 1 and 2. a. A new affordable housing development on a site where affordable dwelling units exist and are proposed for demolition, or previously existed within five years prior to the property owner’s application for a new affordable housing development, shall replace such units (“replacement units”) with those affordable to the same or lower category of income level if, within five years prior to the property owner’s application for a new affordable housing development, the affordable units were:
i. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very-low-income; ii. Subject to any other form of rent or price control; or iii. Occupied by low- or very-low-income households.
b. The replacement units shall be provided in addition to the requirements for providing restricted units pursuant to this Section.
c. The replacement units shall be provided on at least a one-for-one basis for those affordable units removed.
d. The replacement units shall have at least the same number of bedrooms as the affordable units removed.
e. Affordable dwelling units that make a project eligible under state density bonus law may be counted towards the replacement units.
f. The replacement units shall be available for occupancy at the same time as the new affordable housing development, or at least three years from the date the affordable units were demolished as a result of the new affordable housing development, whichever is sooner. The city may require the posting of a bond and/or the recordation of a covenant against the site of the new affordable housing development to ensure compliance.
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g. The replacement units shall comply with the provisions of Section 17.41.1.020 and Sections 17.42.020(L)(3)(a)(i), 17.42.020(L)(3)(a)(ii), 17.42.020(L)(3)(a)(iii),

17.42.020(L)(3)(b), and 17.42.020(L)(5) of this title.
h. An application for a new affordable housing development where replacement units are required shall specify the following:
i. Number of affordable dwelling units demolished or proposed to be demolished, including number of bedrooms and size in square feet; ii. Documentation of the current rents and income of all replacement tenants, and any tenants evicted in the prior 12 months, for existing affordable units; iii. Documentation of the rents and income of all prior tenants of affordable units that were demolished prior to the application for a new affordable housing development, as feasibly available.
iv. Number of replacement units proposed;
v. Unit square footage and number of bedrooms of the replacement units; vi. Proposed location of the replacement units;
vii. Amenities and services provided for the replacement unit residents; and viii. Specific level of affordability for each of the replacement units.

7. Administration and Monitoring.
a. The city council, by resolution, may establish fees for the ongoing administration and monitoring of the restricted units, which fees may be updated periodically, as required. b. The city council, by resolution, may adopt procedures for implementing this Section, including documents that establish standards for determining household income, restricted housing unit cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

S. Section 17.48.030(A) shall be replaced in its entirety as follows:

A. Residential Uses.

Emergency shelters One space per employee on the largest maximum staff shift.

Large residential care facility For every two beds, one space and one space for every employee.
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In addition, one off-street parking space for
each outside employee shall be provided and
maintained.

Low barrier navigation center One space per employee on the maximum staff shift.

Multifamily units For each efficiency or one-bedroom dwelling unit, one space. For each dwelling unit with
two or more bedrooms, two spaces. Guest
parking for each four units or fraction thereof,
one space.

Single-family residence Two enclosed spaces and two unenclosed spaces
Single-room occupancy For two units, one space inclusive of guest parking. Resident manager parking, two
spaces.

Small residential care facility For each facility, two enclosed and two unenclosed spaces.

Supportive housing Parking shall be as required for other uses of the same housing type in the same zone,
except that by-right permanent supportive
housing parking shall be as required in
Section 17.40.120(C)(4)(c) of this title.

Transitional housing Parking shall be as required for other uses of the same housing type in the same zone.

T. Section 17.63 shall be replaced in its entirety as follows:

17.63.010 Purpose and intent.

This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.

17.63.020 Applicability.

A. A request for reasonable accommodation may be made by any person with a disability, his/her representative or any property owner, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing 442
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opportunities. Requests related to deviation from the Building Code shall apply directly to the Environmental Sustainability Department.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. A person with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section shall only apply to those persons who are defined as disabled under the Acts.

17.63.030 Application submittal.

A. Any person with a disability may file an application for a request for reasonable accommodation with the planning department, on a form approved by the planning director and shall contain the following information, accompanied by a fee established by resolution of the city council:

1. Applicant's and/or property owner's name, mailing address, daytime phone number and email address;

2. The address of the property for which the request is being made;

3. Current actual use of the property;

4. The basis for the claim that the individual is considered disabled under the Acts;

5. The specific code provision, regulation, procedure or policy from which reasonable accommodation is being requested including an explanation of how application of the existing code provision, regulation, procedure or policy precludes reasonable accommodation;

6. The length of time the reasonable accommodation is necessary;

7. An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual;

8. A determination of whether or not the request would result in adverse impacts to wetlands, environmentally sensitive habitat area, public access, public views and/or other coastal resources;

9. A site plan or illustrative drawing showing the proposed accommodation; and 443
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10. Any other information required to make the findings required by subsection 5 of this section consistent with the Acts.

B. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires a discretionary approval (including, but not limited to: CDP, conditional use permit, site plan review, etc.), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review.

C. A reasonable accommodation does not affect or negate an individual's obligations to comply with other applicable regulations not at issue with the requested accommodation.

D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.

17.63.040. Reviewing authority.

A. Applications for reasonable accommodation shall be reviewed by the director or designee, if no approval is sought other than the request for reasonable accommodation.

B. Applications for reasonable accommodation submitted for concurrent review with the CDP application shall be reviewed by the authority reviewing the CDP application.

17.63.050. Findings.

A. A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings in compliance with the Acts:

1. The housing, which is the subject of the request, will be occupied by a person with a disability as defined in Section 17.63.020(C) of this chapter.

2. The reasonable accommodation is necessary to make the specific housing available to a person with a disability as defined in Section 17.63.020(C) of this chapter.

3. The reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to, land use and zoning.

5. The reasonable accommodation would not adversely impact coastal resources, including:
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a. Would not conflict with any easements required for public access through, or public use of a portion of the property that the project is located on; b. Would not adversely impact wetlands, environmentally sensitive habitat area, and/or public views; and
c. There is no feasible alternative that would accomplish the same purpose of the reasonable accommodation request that would be more protective of coastal resources.

6. The project that is the subject of the approved reasonable accommodation conforms to the applicable provisions of the LCP and the applicable provisions of this section, with the exception of the provision(s) for which the reasonable accommodation is granted.

17.63.060. Decision.

A. The director shall consider an application, and issue a written determination within 45 calendar days of the date of receipt of a completed application. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant responds to the request.

B. At least 10 calendar days before issuing a written determination on the application, the director shall mail notice to the applicant and all abutting property owners and occupants and those immediately across the street that the city will be considering the application and inviting written comments on the requested accommodation.

C. Notice of planning commission meeting to review and act on the application, if submitted for concurrent review with a CDP application, shall be made in writing, 10 calendar days prior to the meeting and mailed to the applicant and all abutting property owners and occupants as well as those immediately across the street.

D. The review authority's written decision shall set forth the findings, any conditions or approval, notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the approving authority is the director, to any person having provided written or verbal comment on the application.

E. The written decision of the reviewing authority shall be final unless appealed in the manner set forth in subsection H of this section.
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F. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

G. Where the improvements or modification approved through reasonable accommodation would generally require a variance, a variance shall not be required.

H. The review and approval of a reasonable accommodations request is not contingent upon the findings of other discretionary actions, including those required for review of a discretionary land use approval processed concurrently with a reasonable accommodations request.

U. The following subparts of Appendix 1 shall be replaced in their entirety as follows:

USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Multifamily
residential (including
duplexes,
condominiums, stock
cooperatives,
apartments, and
similar development)
– new or the
expansion over 500 sf
of existing
multifamily
residential use
• • P30 P30 • • • • P31 • • • • • • •
Small residential care
facilities (serving 6 or
less persons)
P P P P • • • • • • • • • • •
Any permitted use
involving new
construction or
expansion over 500 sf
• • • • • • • CUP38 CUP38 CUP CUP CUP • • • CUP
Q. The following subparts of Appendix 1 shall be deleted in their entirety as follows:

Residential care
facilities (serving 6 or
fewer persons)
P P P • • • • • • • • • • • • •
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New or the expansion
over 500 sf of
multifamily
residential use
including duplexes,
condominiums, stock
cooperatives,
apartments and other
similar developments
• • • CUP • • •
•
• • •
•
• • •
•
R. The following shall be added as subparts to Appendix 1:

USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Employee housing for
6 or fewer persons P32 P32 P32 P32 • • • • • • • • • • • • Supportive housing P28 P28 P29 P29 • • • • P35 • • P29 • P29 • • Supportive housing,
by-right • • P33 P33 • • • • P36 • • P33 • • • •
Transitional housing P28 P28 P29 P29 • • • • P35 • • P29 • P29 • • Low barrier
navigation center • • • • • • • • P34 • • P37 • • • •
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Mixed use
(commercial and
residential)
• • • • • • • • • • • CUP • • • •
S. The following Note 31 of Appendix 1 shall be replaced in its entirety as follows:

31. Multifamily development is only permitted in the CC zone if it is associated with an affordable housing development project within the Affordable Housing Overlay (APN 4458-022-908 only), in compliance with Section 3.4.5 of the LIP.

T. The following Notes 32, 33, 34, 35, 36, 37, and 38 shall be added to Appendix 1.

32. Employee housing for 6 or fewer persons 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.

33. Allowed pursuant to Section 17.40.120(C).
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34. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District, and pursuant to Section 17.140.120(B).

35. Transitional and supportive housing is permitted in the same manner as a multifamily residential use and is subject to all the restrictions that apply to multifamily residential uses.

Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

36. By-right permanent supportive housing is permitted pursuant to Section 17.40.120(C).

Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

37. Allowed pursuant to Section 17.140.120(B).

38. Unless the use is an emergency shelter, low barrier navigation center, or by-right supportive housing, each of which is allowed by right pursuant to Section 17.40.120. 448
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 31, 2024
Richard Mollica, Director
Planning Department
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
Dear Richard Mollica:

RE: City of Malibu’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Malibu’s (City) revised draft housing element received for review on July 30, 2024. The revised draft was posted and made available to the public for seven days prior to review. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

HCD is pleased to find the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones as described below. The housing element will comply with State Housing Element Law when the rezoning is complete and the element is readopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that did not adopt a compliant housing element within one year from the statutory deadline (October 15, 2021) cannot be found in compliance until rezones to make prior identified sites available or accommodate a shortfall of sites are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c). As the City did not adopt a compliant housing element by October 15, 2022 and the necessary rezones are not complete, HCD cannot find the element in compliance. The element can be found in compliance when Program 3.5 (By-Right Approval) is complete. Upon completion of rezones, the City should submit appropriate documentation (e.g., resolution, ordinance) for HCD’s review. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD 449
Attachment 4
Richard Mollica, Director

Page 2 ends

encourages the City to expeditiously adopt, rezone and submit to HCD to regain housing element compliance.

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication the housing element update team provided throughout the housing element review and update process. HCD looks forward to working with the City through adoption and rezoning. If you have any questions or need additional technical assistance, please contact Sayed Murad of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
450
Attachment 5
ATTACHMENT 5
Housing Element
August/September 2024 – Redline Version
Link:
https://malibucity.org/DocumentCenter/View/34726/
City-of-Malibu-Housing-Element--AugustSeptemberRedline 451
1 City of Malibu
Housing Element 2021-2029 (6th Cycle) Implementation
Malibu Municipal Code (MMC) Amendments, Title 17 Zoning 8-23-24
Chapter 17.02. INTRODUCTORY PROVISIONS AND DEFINITIONS

17.02.060 Definitions.
“By-Right Use” means that the City’s review of the use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with section 21000) of the Public Resources Code.
“Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
“Emergency shelter" means housing with minimal supportive services for homeless persons, which is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. and is operated by a government agency or private nonprofit organization.
“Low Barrier Navigation Center” means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy (as provided in Government Code §65660(a), as the same may be amended from time to time). “Lower income households” include persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Lower income households include verylow income households, as defined in Section 50105 of the California Health and Safety Code, and extremely-low income households, as defined in Section 50106 of the California Health and Safety Code. means those households earning less than 80 percent of the Los Angeles County median income, and includes very-low-income households, as defined in California Health and Safety Code §50105, and extremely low-income households, as defined in Health and Safety Code §50106, as the same may be amended from time to time. “Permanent supportive housing” means the same as “Supportive housing.” “Residential care facility, small” means a family home, group care facility, or similar facility for six or less persons that is maintained and operated to provide 24-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual.

Attachment 6
452
2 This use includes the administration of limited medical assistance. The residential care facility, small may include such a facility licensed by the State of California. “Supportive housing” means a building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a "target population", and that is linked to onor off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone. “Supportive housing” means a building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a "target population", and that is linked to onor off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone. (Also referred to as, “permanent supportive housing”).
453
3 Chapter 17.08 RR RURAL RESIDENTIAL DISTRICT

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. Residential care facilities, small;
C.

D. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, guest units seven hundred fifty (750 square feet maximum), 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 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 5,000 square feet of lot area, c. The animals shall be maintained in an area a minimum of 50 feet from any building used for human habitation;

6. Agricultural employee housing, crop related.

E. The following agricultural uses; provided, that all buildings or structures used in conjunction therewith shall be located not less than 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:
454
4 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:
a. That the animals are located not less than 150 feet from any highway and not less than 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.

F. Manufactured homes, pursuant to Government Code Section 65852.3; F.

G. Second units, pursuant to Government Code Section 65852.2; G.

H. Large family day care facilities (serving seven to 12 persons), subject to the provisions of Section 17.66.110;
H.

I. Private equestrian and/or hiking trails;
I.

J. Greenhouses on a lot or parcel of land having an area of at least one acre; J.

K. Temporary placement of mobilehomes and trailers subject to the conditions of Section

17.40.040(A)(18).;
K.

L. Transitional and supportive housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses.; M. Supportive housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses; and N. Employee housing for six or fewer persons permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses. 455
5 Chapter 17.10 SF SINGLE FAMILY DENSITY RESIDENTIAL DISTRICT

17.10.010. Purpose.

The SF district will serve the majority of the city's single-family residential parcels. The intent of the district is to enhance the rural characteristics of the community by maintaining low density residential development in a manner which respects surrounding property owners and the natural environment.

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. Residential care facilities, small;
C.

D. Accessory uses and structures as follows:

1. Accessory buildings customarily ancillary to single-family residences including, but not limited to, guest units 900 square feet maximum, 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 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,

6. Agricultural employee housing, crop related,
D.

E. Manufactured homes, pursuant to Government Code Section 65852.3; E.

F. Second units, pursuant to Government Code Section 65852.2; F.

G. Large family day care facilities (serving seven to 12 persons), subject to Section 17.66.110; 456
6 G.

H. Temporary placement of mobilehomes and trailers subject to the conditions of Section

17.40.040(A)(18).;
H.

I. Transitional and supportive housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses.; J. Supportive housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses; and K. Employee housing for six or fewer persons permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses. 457
7 Chapter 17.12 MF MULTIPLE-FAMILY RESIDENTIAL DISTRICT

17.12.010. Purpose.

The MF district consists of existing multifamily development in the city and is intended to provide for a variety of residential opportunities ranging from single-family to multiple-family and residential uses at a moderate density range.

17.12.020. Permitted uses.

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

A. One single-family residence per lot;
B. Multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments – new or the expansion of over 500 square feet of multiple-family residential use;
B.

C. Small family day care and residential care facilities serving six or fewer persons; D. Residential care facilities, small;
C.

E. 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 (750 square feet maximum) and greenhouses (noncommercial),

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

3. Domestic animals;
D.

F. Manufactured homes, pursuant to Government Code Section 65852.3; E.

G. Second units, pursuant to Government Code Section 65852.2; F.

H. Large family day care facilities (serving seven to 12 persons), subject to Section 17.66.110; G.

I. Temporary placement of mobilehomes and trailers subject to the conditions of Section

17.40.040(A)(18).;
H.

J. Transitional and supportive housing permitted in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses.; K. Supportive housing permitted in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential, except that by-right permanent supportive housing shall be consistent with Section 17.40.120(D) of this title; I.

L. Affordable housing development projects.; and
M. Employee housing for six or fewer persons permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses. 458
8 17.12.040. Conditionally permitted uses.

The following uses may be permitted subject to obtaining a conditional use permit:

A. Multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments;
B.

A. Horticultural related activities;
C.

B. Utility facilities related to public projects;
D.

C. Governmental facilities;
E.

D. Nursery schools, day care facilities;
F.

E. Churches, temples and other places of worship;
G.

F. Lighted sports courts;
H.

G. Neighborhood recreation facilities for use by surrounding residents and operated by a nonprofit corporation or neighborhood association for noncommercial purposes; I.

H. Parks and playgrounds;
J.

I. Emergency communication and service facilities.
459
9 Chapter 17.14 MFBF MULTIFAMILY BEACH FRONT DISTRICT

17.14.020. Permitted uses.

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

A. One single-family residence per lot;
B. New, or the expansion over 500 square feet of, multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments; B.

C. Expansion up to 500 square feet of existing multifamily buildings provided the expansion conforms to the provisions of Chapter 17.40;
C.

D. 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 (750 square feet maximum),

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

3. Domestic animals;
D.

E. Manufactured homes, pursuant to Government Code Section 65852.3; E.

F. Second units, pursuant to Government Code Section 65852.2.; F.

G. Transitional and supportive housing permitted in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses.; H. Supportive housing permitted in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential, except that by-right permanent supportive housing shall be consistent with Section 17.40.120(C) of this title; G.

I. Small rResidential care facilities, small; involving six or fewer persons H.

I. Affordable housing development projects.;
J. Employee housing for six or fewer persons permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses; and

17.14.030. Uses subject to director’s review.

The following uses and structures may be permitted subject to obtaining a minor conditional use permit:

A. Mobilehome used as a residence during construction, subject to Section 17.40.040(A) (18); B. Home occupations, subject to Section 17.40.040(A)(19). 460
10 17.14.040. Conditionally permitted uses.

The following uses may be permitted subject to obtaining a conditional use permit:

A. New, or the expansion over 500 square feet of, multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments; B.

A. Utility facilities related to public projects;
C.

B. Lighted sports courts;
D.

C. Neighborhood recreation facilities for use by surrounding residents and operated by a nonprofit corporation or neighborhood association for noncommercial purposes; E.

D. Parks and playgrounds;
F.

E. Emergency communication and service facilities.
461
11 Chapter 17.24. CC COMMUNITY COMMERCIAL DISTRICT

17.24.020. Permitted uses.

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

A. All permitted uses and activities set forth in Section 17.22.020 (CN District); B. Medical, dental and physical therapy clinics and health clubs and dance studios; C. Multifamily Aaffordable housing development projects in the Affordable Housing Overlay Zone (AHO)(Section 17.42.020(L)).;
D. Transitional housing permitted in the Affordable Housing Overlay District (AHO)(Section

17.42.020(L)) in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses in the AHO.; E. Supportive housing permitted in the Affordable Housing Overlay District (AHO)(Section

17.42.020(L)) in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses in the AHO, except that by-right permanent supportive housing shall be consistent with Section 17.40.120 (C) of this title; F. Low barrier navigation center permitted in the Affordable Housing Overlay District (AHO)(Section 17.42.020(L)) and consistent with Section 17.40.120(B) of this title. 462
12 Chapter 17.30 CG COMMERCIAL GENERAL DISTRICT

17.30.020. Permitted uses.

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

A. All permitted uses set forth in Section 17.28.020 (CV-2 district); B. Masonry supplies;
C. Sculptural and metal art activities.

D. Emergency shelters;
E. Single-room occupancy facilities.

F. Transitional housing permitted in conjunction with a mixed use project or single-room occupancy facility in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses; G. Supportive housing permitted in conjunction with a mixed use project or single-room occupancy facility in the same manner as a multifamily residence and subject to all the restrictions that apply to multifamily residential uses except that by-right permanent supportive housing shall be consistent with Section 17.40.120(C) of this title; H. Low barrier navigation center permitted consistent with Section 17.40.120(B) of this title.

17.30.030. Conditionally permitted uses.

The following uses may be permitted subject to obtaining a conditional use permit:

A. All conditionally permitted uses set forth in Section 17.28.030 (CV-2 district), excluding overnight accommodations;
B. Car washes and car washing;
C. Wastewater storage and hauling;
D. Communication facilities;
E. Cultural and artistic uses, such as museums, galleries, performing arts studios; F. Light industrial uses which are not obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts, nor hazardous by way of materials, process, product, waste or other methods. These uses shall include the following:

1. Automobile towing and storage,

2. Manufacturing, processing or treatment of products,
463
13 3. Research and development and testing facilities,

4. Wholesale, storage and distribution,

5. Other uses determined by the planning director to be of a similar nature and not more objectionable than the uses listed above;
G. Movie theaters;
H. Neighborhood-serving construction services shall be located on a parcel that is at least five acres in net lot area.

I. Large residential care facilities involving seven or more persons.

J. Mixed Use (commercial and residential)
464
14 Chapter 17.34 I INSTITUTIONAL DISTRICT

17.34.020. Permitted uses.

The following uses are permitted in the I district:

A. One single-family residence in conjunction with an institutional use and consistent with the provisions of Chapter 17.08;
B. Wireless telecommunications antennae and facilities (pursuant to the provisions of Chapter

17.46 and Section 17.62.040) that comply with the most restrictive design standards set forth in Section 17.96.070;
C. Government facilities including police and fire stations and government offices; D. Equestrian and hiking trails (public and private);
E. Recreation facilities such as swimming pools, sandboxes, slides, swings, lawn bowling, volleyball courts, tennis courts, and similar uses (subject to provisions of Section 17.34.030 when a facility is located within a side or rear yard adjacent to a residentially-zoned parcel).; G. Emergency shelters.;
H. Transitional and supportive housing permitted in conjunction with an institutional use in the same manner as single-family residences and subject to all the restrictions that apply to single-family residential uses;
I. Supportive housing permitted in conjunction with an institutional use in the same manner as single-family residences and subject to all the restrictions that apply to single-family residential uses.
465
15 Chapter 17.39. MALIBU COAST ESTATE PLANNED DEVELOPMENT (PD) DISTRICT § 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, garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private nonilluminated 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. Domestic animals, kept as pets.

4. Landscaping.

5. Transitional housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses.

6. Supportive housing permitted in the same manner as single-family residences and subject to all the restrictions that apply to single-family residential uses. 466
16 17.40.040 Residential development standards.

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

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

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

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

4. The minimum floor area of a residential unit shall be as follow:
a. For a single-family residence, not less than 800 square feet, exclusive of any appurtenant structures.
b. For each multifamily dwelling unit, not less than 300 square feet, exclusive of any appurtenant structures.

5. Height.
a. Except for beachfront lots, and except as provided for projects in the affordable housing overlay district pursuant to Section 17.42.020(L)(3)(b)(iii), every residence and every other building or structure associated with a residential development, including satellite dish antenna, shall not be higher than 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys and rooftop antenna other than satellite dish antenna.
b. Except as provided for projects in the affordable housing overlay district pursuant to Section 17.42.020(L)(3)(b)(iii), fFor new construction on a beachfront lot, no residence or structure, including satellite dish antenna, shall exceed 24 feet for flat roof and 28 feet for pitched roof, as measured from the lowest recommended finish floor elevation on the ocean side, as defined by a licensed civil engineer, based upon a comprehensive wave action report, and 24 feet for a flat roof and 28 feet for pitched roof as measured from center line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the center line of the road shall not exceed half of the total length (front to rear) of the structure.
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17 For an addition to an existing structure, the height shall be measured from the bottom of the first floor diaphragm on the ocean side, or the lowest recommended finish floor elevation, whichever is lower, and the center line of the road on the land side. c. Notwithstanding any provision of this section, the director may issue a development permit, pursuant to the site plan review process of this title, to allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two., except as provided for projects in the affordable housing overlay district pursuant to Section 17.42.020(L)(3)(b)(iii).

6. Non-Beachfront Yards/Setbacks. The following yard/setback requirements apply to all lots, except beachfront lots:
a. Front yard setbacks shall be at least 20% of the total depth of the lot, or 65 feet, whichever is less.
b. Side yard setbacks shall be cumulatively at least 25% of the total width of the lot but, on no event, shall a single side yard setback be less than 10% of the width of the lot or five feet, whichever is greater.
c. Rear yard setbacks shall be at least 15% of the lot depth or 15 feet whichever is greater.
d. For the purpose of calculating yards, slopes equal to or greater than 1:1 shall not be included in the lot dimensions.
e. All structures must be set back at least 25 feet from the top of a 45 degree angle (1:1 slope) starting at the toe of an inland bluff or coastal bluff. For slopes greater than 45 degrees setback shall be 25 feet horizontal as measured from the top of the slope at the end of the 45 degree line commencing at the base of the slope. For the purposes of this section, an inland or coastal bluff is a topographic-feature not primarily composed of sand and at least 25 feet from top to toe with a slope of 1:1 or greater. f. Notwithstanding any provision of this section, where feasible, all structures shall be set back a minimum of 100 feet from an environmentally sensitive habitat area and other designated environmentally sensitive areas and a minimum of 100 feet from park natural vegetation. For the purposes of this section, “park natural vegetation” means native vegetation comprised of plan species identified as indigenous in the 1986 Edition of Flora of the Santa Monica Mountains (Raven, Thompson and Prigge).

7. Beachfront Yards/Setbacks. Notwithstanding the above requirements, the following yard requirements apply to beachfront lots:
a. Front. Twenty feet maximum or the average of the two immediate neighbors, whichever is less.
b. Side. Ten percent of lot width on each side, with a three feet minimum and five feet maximum.
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18 c. Rear. Setbacks are determined by the stringline rule. Separate setback standards apply to dwellings, decks, accessory structures, and shoreline protective devices, as indicated below:

1. Dwellings and Decks. For a dwelling or deck, new construction shall not extend seaward of a stringline drawn by the following procedure:
a. General Rule. The stringline shall be drawn from a point on the closest upcoast and downcoast property with the same type of structure (dwelling or deck). The stringline point shall be located as follows: first, the predominant seaward projection of the structure on the upcoast and downcoast property shall be identified; second, the corner of the predominant seaward projection which is closest to the subject property shall be located, and shall constitute the stringline point. Predominant seaward projection shall be calculated using the formula in subsection (b).
b. Predominant Seaward Projection. The “predominant seaward projection” shall be that portion of a structure closest to the ocean, which has a width (i.e., the dimension which is on a plane parallel to the ocean front) at least 30% of the maximum width of the structure.

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

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

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

5. Shoreline Protective Devices. A shoreline protective device including sea walls, bulkheads or other similar devices shall be subject to site plan review approval pursuant to Section 17.62.040(A)(10). A shoreline protective device shall not extend seaward of a stringline drawn between the nearest corners of the closest existing shoreline protective device(s), as determined by the planning manager/director.
d. Bluff.
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19 i. Beachfront Bluffs. Consistent with the stringline rule, structures may extend over a bluff which is 10 feet or less in height, from toe to top, as established by average beach profile and having underlying geology composed mostly of sand and/or naturally or artificially deposited fill materials.
ii. Shoreline Bluffs. Structures on non-infill lots shall not extend over a bluff which is greater than 10 feet but less than 25 feet and all structures shall be set back to comply with the requirements of Title 26 (Los Angeles Building Code) for foundations adjacent to descending slopes. Structures on infill lots on shoreline bluffs shall conform to the stringline rule.

8. Ridgelines.

1. Primary Ridgelines.
a. A primary ridgeline shall be defined as follows: a hill, ridge or promontory which drops on either side of the top of this landform feature, and includes at least one of the following conditions:
i. Forms a distinct part of the skyline when viewed from a public street or highway; or
ii. Is seen as a distinct and prominent edge against a backdrop of land at least 500 feet behind it when viewed from a public street and contains an average slope of at least 3:1.

2. Secondary Ridgelines.
a. A secondary ridgeline is defined as hills, ridges, and promontories other than primary ridgelines, but on which the elevation drops more than 10 feet in 100 feet horizontally on either side of the top of this landform feature. b. Any structures proposed on secondary ridgelines shall be subject to the planning director’s review. If the structure projects above the top of the secondary ridgeline, as viewed from a public or private street, the planning director may impose conditions to minimize potential scenic impacts based on such factors as the prominence of the site and structure, the severity of visual impact to public view, and the existing development pattern in the surrounding area. These conditions would be based on the following secondary ridgeline development criteria:
i. Proposed structures are encouraged to be maintained at a low profile to mitigate visual impacts of the secondary ridgeline.
ii. The proposed design of the structure, including grading of the site should incorporate development techniques which sensitively conform to the natural terrain, including such measures as split level designs or second stores which are stepped back as viewed from the downhill side of the property, reduced building pads and roof pitches which parallel existing slopes. 470
20 3. Grading or berms which alter the natural contours of, or change the elevation of the crest of the ridgeline in order to create a pad shall be avoided.

4. Berms, contour or landform grading, and landscaping should be used, when necessary, to soften the visual impacts to secondary ridgelines created by structures and grading.
c. Ridgetop development is particularly susceptible to wildfire hazard. In addition to the criteria to reduce visual impact, the planning director shall evaluate all ridgeline development on slopes of at least 3:1 to incorporate adequate setbacks to address potential fire hazard concerns.

9. Grading. Notwithstanding any other provisions of this code, grading (total cut and fill) is limited to 1,000 cubic yards as follows:
a. Maximum Quantity. In conjunction with any grading, so that the maximum is not greater than 1,000 cubic yards (exclusive of remedial grading) cut and fill may be allocated as follows: (i) balanced cut and fill up to 1,000 cubic yards; or (ii) export of no more than 1,000 cubic yards; or (iii) import of no more than 500 cubic yards, where additional grading on site does not exceed 500 cubic yards in conjunction with any landform alteration so that the maximum is no greater than 1,000 cubic yards; or (iv) any combination of the above that does not exceed 1,000 cubic yards per lot for singlefamily residential development or per acre of multi-family residential development. b. Maximum height cut or fill: six feet in height for any one wall, or 12 feet for any combination of walls, where a minimum three foot separation exists between walls, except single cuts up to 12 feet in height which are an integral part of the structure are permitted.
c. Maximum grade cut or fill: 3:1 for areas created for development of structures and open yard areas. Transition slopes may not exceed 2:1 and shall not exceed the maximum height permitted for cuts and fills.
d. Criteria. Grading plans shall be submitted for approval with building plans. No grading permits shall be issued until a building permit is approved. Contour grading shall be used to reflect original landform and result in minimum disturbance to natural terrain.

Notching into hillsides is encouraged so that projects are built into natural terrain as much as possible.
e. Remedial Grading. Notwithstanding the limitations of this subsection, the director may permit remedial grading pursuant to site plan review, Section 17.62.040. For the purposes of this section, “remedial grading” is defined as grading recommended by a full site geotechnical report approved by the director and city geologist, except that no such remedial grading will be allowed when it could be avoided by changing the position or location of the proposed development.
f. Exceptions. Excavation for foundations and other understructure excavation and incremental excavation for basements and safety purposes shall be excluded from grading limitations.
471
21 10. Development Area. Except for an affordable housing development within the AHO Overlay, every residential development shall be contained within a convex-shaped enclosure that shall not exceed two acres.

11. Impermeable Coverage. Use of permeable surfaces is encouraged, especially for driveways.
a. Including the single-family residence, impermeable surfaces are permitted for lot areas (excluding slopes equal to or greater than 1:1), up to one-quarter acre at 45%, for lot areas greater than one-quarter acre but a one-half acre or less, at 35% and for lots greater than one-half acre at 30% up to a maximum of 25,000 square feet. Beachfront lots shall not be subject to this subsection.
b. Multifamily. Twenty-five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. “Green or living walls” shall not be considered landscaping for the purpose of this paragraph. The required five foot landscape buffer around the perimeter of parking areas shall count toward the 25% requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.

Beachfront lots shall not be subject to this subsection. 472
22 17.40.120 Emergency shelters. Special housing projects.

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

1. Purpose. The purpose of this section is to provide standards for emergency shelters.

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

3. Permitted Use. Emergency shelter uses that comply with the standards in Section

17.40.120(A)(4) shall be established by-right.

4. C. Regulations. An emergency shelter is an allowed use, subject to the issuance of an administrative plan review (per Section 17.62.030 of this title) if the facility already exists or subject to a coastal development permit, unless determined to be exempt pursuant to Section 13.4, if the new facility is proposed, subject to the following standards in each case: An emergency shelter shall comply with all of the following standards. An application for an emergency shelter shall include a written operations plan with exhibits indicating compliance with all of the standards.

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

2. a. Size Limit. The maximum number of individuals permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the shelter or one person per 125 square feet of floor area, whichever is less. In no case shall occupancy exceed 2555 individuals at any one time. Total square footage of a new facility shall comply with the maximum square footage limit set forth for the underlying zoning district.

3. b. Facility Requirements.
i. a. Each occupant shall be provided a minimum of 50 square feet of personal living space, not including space for common areas.
ii. b. Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2). iii. c. Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.
473
23 iv. d.The shelter may provide one or more of the following specific facilities and services onsite, including, but not limited to:
(1) i. Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;
(2) ii.Dining area;
(3) iii. Laundry room;
(4) iv. Recreation room;
(5) v. Support services (e.g. training, counseling, etc.); and (6) vi. Child care facilities.
c. 4. Management. At a minimum, a shelter shall have an onsite management office, with at least one employee present at all times during which the shelter is in operation and is occupied by at least one resident.
d. 5. Proximity to Other Shelters. No emergency shelter shall be located within 300 feet of another emergency shelter. The 300 foot separation shall be measured from the nearest points of the property lines on which the shelters are located. e. 6. Length of Stay. Individual occupancy in an emergency shelter is limited to six months in any 12 month period (Section 50801 of the Health and Safety Code). f. 7. Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor onsite waiting and intake areas. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area. i. a. Staging for drop-off, intake and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard.
ii. b. Shelter plans shall show the size and location of any proposed waiting or occupant intake areas, interior and exterior.
iii. 8. Off-Street Parking. Parking shall be provided, in accordance with Section

17.48.030 of this title.

D. Reviewing Authority.

1. Applications for emergency shelters shall be reviewed by the director or designee,.if no approval is sought other than the request for use of an existing facility. If the proposed use meets the requirements of this Section and is consistent with the applicable sections of Chapter 17.40, the director shall issue a permit. 474
24 2. Applications for the emergency shelter use submitted for concurrent review with another discretionary land use application (e.g., a coastal development permit to construct the facility) shall be reviewed by the authority reviewing the discretionary land use application.

B. Low barrier navigation centers.

1. Purpose. The purpose of this section is to provide standards for low barrier navigation centers.

2. Applicability. The provisions of this section are applicable in the Community Commercial (CC) zoning district only where the Affordable Housing Overlay (AHO) also applies, and in the Commercial General (CG) zoning district.

3. Permitted Use. Low barrier navigation center uses that comply with the standards in Section 17.40.120(B)(4) shall be a permitted use established by-right.

5. Reviewing Authority.

Applications for low barrier navigation center uses shall be reviewed by the director or designee. If the proposed use meets the requirements of this Section, the director shall issue a permit.

C. By-right permanent supportive housing.

1. Purpose. The purpose of this Section is to provide standards for by-right permanent supportive housing. Permanent supportive housing that does not comply with the provisions of this Section shall be subject to the standards, requirements and review process for other multi-family residential uses in Chapters 17.12 (MF Multiple Family Residential), 17.14 (MFBF Multifamily Beach Front), 17.24 (CC Community Commercial) along with Section 17.42.020(L) Affordable Housing Overlay, and 17.30 (CG Commercial General) of this title.
475
25 2. Applicability. The provisions of this section are applicable in the Community Commercial (CC) district only where the AHO (Section 17.42.020(L)) also applies, and the following districts: Multiple Family Residential (MF), Multifamily Beach Front (MFBF), and Commercial General (CG).

3. Permitted Use. Permanent supportive housing uses that comply with the standards in Section 17.40.120(C)(4) shall be a permitted use established by-right.

4. Regulations. By-right permanent supportive housing shall satisfy each of the following requirements:
a. All provisions of Government Code section 65651(a).
b. Unless specifically modified by standards detailed in this Section, the supportive housing development is consistent with all objective standards that apply to multifamily residential use within the same zoning district. c. Parking spaces are provided for the supportive housing consistent with the standards that apply to multi-family residential use in Section 17.48.030(A) of this title, unless the development is within one-half mile of a public transit stop, in which case one parking space shall be required for each employee on the maximum staff shift.

D. 17.40.130 Single-room occupancy facilities.

A. 1. SRO units shall be for the purposes of providing affordable housing and shall not serve the purpose of recreational or travel needs.

B. 2. Size / Occupancy. Minimum size of 150 square feet and maximum size of 400 square feet per SRO unit. Occupancy is a maximum of two individuals.

C. 3. Laundry facilities must be provided onsite.

D. 4. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities.

If a full bathroom is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor of the facility.

E. 5. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. If a kitchen is not provided, at least one common full kitchen shall be provided per floor of the facility.

F. 6. Management. The SRO facility must provide 24 hour onsite management. The applicant shall provide a copy of the proposed rules governing the SRO facility to the city. The 476
26 management will be solely responsible for the enforcement of all rules that are reviewed and approved by the reviewing authority.

G. 7. Off-street Parking. Parking shall be provided in accordance with Section 17.48.030.

H. 8. Facilities must provide a storage area for refuse and recyclables that is enclosed by a sixfoot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the numb of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.
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27 Chapter 17.41.1 AFFORDABLE HOUSING

17.41.1.010. Residential density bonus.

A. Purpose. This section is intended to implement the provisions of:

1. State Government Code Sections 65915 through 65918, which require a local jurisdiction to provide incentives for the production of affordable housing units; and

2. The city’s general plan housing element policies relating to the provision of affordable housing.

C. Eligibility. A density bonus may be granted to an eligible housing development in any residential district through approval of a use permit by the city council (after recommendation from the planning commission). In order to qualify for a density bonus or other financial incentives of equivalent value as specified in Government Code Section 65915 the developer of a housing development project shall agree to construct one of the following:, as defined in Government Code Section 65915(i), pursuant to Government Code Section 65915 et seq.

1. At least 10% of the total units of a housing development for persons and families of lower income;

2. At least five percent of the total units of a housing development for persons and families of lower income;

3. A senior housing development; or

4. At least 10% of the units in a common interest subdivision for persons and families of moderate income.

Only one density bonus up to a maximum of 35% shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer.

D. General Provisions. for Density Bonuses and Incentives/Concessions. As required by Government Code Section 65915, the city of Malibu shall consider a density bonus and provide incentives or concessions for a housing development that shall be subject to the following provisions:

1. Determination of Unit Count. When determining the percentage of housing units which are to be affordable, the density bonus units shall not be included.

2. Minimum Project Size. A project must contain at least five dwelling units in order to be considered for a density bonus.

3. Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. 478
28 4. Dispersal of Affordable Units. “Affordable” or “density bonus” units shall be generally dispersed throughout a development project shall not differ in appearance from other units in the development.

5. Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a density bonus the city shall grant at least one of the following regulatory concessions and/or incentives to ensure that the residential project will be developed at a reduced cost” a. A reduction in the site development standards or a modification of zoning code requirements including, but not limited to, reduced minimum lot size or dimensions; or reduced minimum setbacks.
b. Approval of mixed-use development in conjunction with a multifamily residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located.
c. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions.

D. Procedures. The procedures for implementing this section shall be as follows:

1. Notification to Developer. The city shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.

2. Required Findings. In addition to the findings required for use permits generally, all of the following findings shall be made by the city council in approving any use permit granting a density bonus:
a. The number of units is compatible with the existing and planned infrastructure and service facilities serving the site;
b. The developer has demonstrated that the adjustment of standards is necessary to make the project economically feasible;
c. The proposed increased density is consistent with Section 30604(f) of the California Coastal Act, Government Code Section 65915 and Chapter 17.41.1 of this title; and d. The proposed project is compatible with the goals and policies of the general plan and purpose and intent of this code.

1. Density Bonus Awarded. For a housing development qualifying pursuant to the requirements of Government Code section 65915, the city shall grant a density bonus in an amount specified by Government Code section 65915. a. For the purposes of calculating the density bonus, the “maximum allowable residential density” shall be the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan. 479
29 b. Except as otherwise required by Government Code section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
c. A density bonus application consistent with this section shall be granted pursuant to Government Code section 65915 unless the city finds that the project cannot feasibly be accommodated on the site in a manner that conforms to the California Coastal Act.

2. Incentives/Concessions. The city shall grant the applicant the number of incentives and concessions required by Government Code section 65915(d). The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the following written findings based upon substantial evidence:
a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k) of section 65915 to provide for affordable housing costs as defined in section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c) of section 65915. b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and/or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested incentive(s) and/or concession(s), cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.

3. Waiver or Reduction of Standards. Except as restricted by Government Code section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:
a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; 480
30 b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested waiver(s) and/or reduction(s) of development standards, cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.

5. Construction and Integration of Affordable Units.
a. Construction of Affordable Units. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units. b. Location and Dispersal of Affordable Units. The affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project, and the affordable and market rate units shall have the same exterior appearance and quality of construction as that of the market rate units in the same housing development project.

6. Replacement Housing Requirement. Pursuant to Government Code section 65915(c)(3), as it may be amended from time to time, the applicant shall be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; or b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low-income have been vacated or demolished in the five-year period preceding the application; or c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or 481
31 d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

D. E. Procedures. The procedures for implementing this section shall be as follows:

1. 2. Notification to Developer. The city shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.

3. Required Findings. In addition to the findings required for use permits generally, all of the following findings shall be made by the city council in approving any use permit granting a density bonus:
a. The number of units is compatible with the existing and planned infrastructure and service facilities serving the site;
b. The developer has demonstrated that the adjustment of standards is necessary to make the project economically feasible;
c. The proposed increased density is consistent with Section 30604(f) of the California Coastal Act, Government Code Section 65915 and Chapter 17.41.1. of this title; and d. The proposed project is compatible with the goals and policies of the general plan and purpose and intent of this code.

3. 4. Affordable Housing Agreement. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives or concessions, or waivers or reductions, have been given, the developer shall submit documentation in accordance with Section 17.41.1.020 of this chapter.

E. Required Terms for Continued Availability of Affordable Units. The eligible housing development shall comply with Government Code section 65915(c)(1).

1. Low and very-low income households. An applicant providing low and very-low income units in accordance with this chapter must continue to restrict those units to low or verylow income households for a minimum of 55 years or longer term under another regulatory agreement from the date of initial occupancy. 482
32 2. Moderate Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a moderate income household.
a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller’s proportionate share of appreciation. The local government shall recapture any initial subsidy and its proportionate share of appreciation; which shall be used within five years for any of the purposes described in subsection (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. Any recaptured funds shall be deposited into a housing trust account to be used in accordance with subsection (e) of Section 33334.2 of the California Health and Safety Code.

F. Density Bonus Law.

1. Compliance. The applicant shall comply with all requirements of Government Code section 65915 et seq. The requirements of Government Code section 65915 et seq, and any amendments thereto, shall prevail over any conflicting provision of this code.

2. Interpretation. The provisions of this section shall be interpreted to implement and be consistent with the requirements of Government Code section 65915 et seq. Any changes to Government Code section 65915 et seq. shall be deemed to supersede and govern over any conflicting provisions contained herein. 483
33 Chapter 17.42 OVERLAY DISTRICTS

17.42.020. Purpose and intent.

L. Affordable Housing Overlay District.

3. Standards. The residential development standards contained in Section 17.40.040 of this title, as well as all other applicable municipal code provisions, shall apply, unless specifically modified by standards detailed in subsection L. The following special specific regulations shall apply to the AHO sites identified in Table 1 below. a. Density. Affordable housing developments in the AHO shall:
i. Have a minimum density of 20 units per net acre.
ii. Have a maximum density of one dwelling unit per 1,613 square feet of lot area, including exclusive of any the additional density bonus pursuant to Section 17.41.1.010 of this title.
iii. Have a minimum of 16 dwelling units.
iv. For Sites 1 and 2, a minimum of 20% of all units in excess of the permitted base density of six dwelling units per acre, shall be affordable to lower and moderate income households as set forth in subsection 5 of this section. A minimum of 50%of all units in excess of the six units per acre shall be deed restricted ("restricted units") as very-low or lower-income multifamily dwelling units. For Site 3, 80% of the units within an affordable housing development, exclusive of a manager's unit(s), shall be affordable to lower and moderate income households as set forth in subsection 5 of this section., and a A minimum of 50% of the affordable units shall be deed restricted (“restricted units”) as very low or low-income multifamily dwelling units.

Table 1 – AHO District Sites
Site
Number APNs Address
1 4467-013-022 and
4467-013-023
28517 Pacific Coast Highway
and adjacent vacant lot
2 4467-012-005 28401 Pacific Coast Highway
3 4458-022-023 and
4458-022-024
4458-022-908
A 2.3 acre portion of 23465 Civic
Center Way (La Paz Site and
formerly known as 3700 La Paz
Lane)

4. b. Development Standards.
.
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34 i. Site of Construction. Structures may be constructed on slopes flatter than 1½:1.
a.
ii. Hillside Development. Properties within this overlay district are exempt from the hillside development standards of Section 17.40.040(A)(20) of this title. b.
iii. Height. Development may exceed two stories in height but shall not exceed 30 feet in height.
iv. Applicable Code Provisions. The residential development standards contained in Section 17.40.040 of this title, as well as all other applicable municipal code provisions, shall apply to affordable housing development, unless specifically modified by standards detailed in this section.
c. Restricted Units General Guidelines. The lower-income restricted multifamily dwelling units required under this section:
i. May either be rental or for-sale dwellings;
ii. Shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to nonrestricted units have the same exterior appearance and quality of construction as that of the market rate units in the same affordable housing development project;
iii. Shall have the same amenities as the market-rate units in the same housing development project, including the same access to and enjoyment of common open space, landscaping, parking, storage, and other facilities in the development;
iv. The unit mix based on bedroom count shall be proportional to the unit mix based on bedroom count provided for the market-rate units in the same affordable housing development project;
iii. v.

May be comprised of up to 33% less square footage than market rate units of the same bedroom count;
iv.

The construction materials and practices shall be comparable to those used for the market rate units;
v.

The exterior grounds shall be landscaped and well maintained; and vi.

The units shall be disbursed throughout the project site and not clustered in a single location;
vi.

Shall be dispersed throughout the affordable housing development on each floor and section of the building(s) and throughout the site such that no more than 50 percent of the proposed restricted units are consolidated into one structure in developments with more than one multi-unit structure, and no more than 20 percent of the proposed restricted units in a single multi-unit structure 485
35 are located adjacent to each other or stacked on consecutive floors unless it is unavoidable due to the required unit mix and distribution; and vii.

Shall be made available for occupancy concurrently with the market rate units of the affordable housing development as follows:
(1) In ownership projects, the City may not issue building permits for more than fifty (50) percent of the market-rate units until it has issued building permits for all of the deed restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventyfive (75) percent of the market-rate units until it has issued final inspections or certificates of occupancy for all of the deed restricted units.
(2) In rental projects, the City may not issue building permits for more than fifty (50) percent of the market-rate buildings until it has issued building permits for all buildings containing deed restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventy-five (75) percent of the market-rate buildings until it has issued final inspections or certificates of occupancy for all of the buildings containing deed restricted units.
(3) In the event the City approves a phased project, the deed restricted units shall be provided proportionally within each phase of the affordable housing development.

5.4. Affordability.
a. Rental Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record an affordable housing agreement per Section 17.41.1.020 of this title for a period of not less than 55 years that includes the provisions and terms for meeting the requirements of this section. The Affordable Housing Agreement shall be completed by the developer on a form acceptable to the City and submitted with an application for the affordable housing development.
b. For-Sale or Owner-Occupied Units. Prior to the issuance of any building permit for an affordable housing development in the AHO, the property owner shall enter into and record in the office of the Los Angeles County recorder a covenant in a form approved by the city restricting future sale prices to households with incomes as required in Section 17.42.020(3)(a)(iv) and including procedures for verifying and maintaining compliance with income eligibility requirements for a period of not less than 55 years.
c. Housing Plan. An application for approval of an affordable housing development shall include an Affordable Housing Plan describing how the development will comply with the provisions of this Section. No application for approval of an affordable housing development shall be deemed complete unless the Affordable Housing Plan is in conformance with this Section. An Affordable Housing Plan shall include a written description and project plans indicating each of the following:
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36 i. Number of restricted units proposed;
ii. Unit square footage and number of bedrooms for market-rate and restricted units and whether they are ownership or rental units;
iii. Proposed location of the restricted units;
iv. Amenities and services provided for the unit residents; v. Specific level of affordability for each of the restricted units; and vi. Schedule for production of the restricted and market-rate units.

Affordable housing on Site 3 shall be reviewed and approved as set forth in Chapter

17.62 of this title.

6. Replacement Housing. The following requirements shall apply to Sites 1 and 2. a. A new affordable housing development on a site where affordable dwelling units exist and are proposed for demolition, or previously existed within five years prior to the property owner’s application for a new affordable housing development, shall replace such units (“replacement units”) with those affordable to the same or lower category of income level if, within five years prior to the property owner’s application for a new affordable housing development, the affordable units were:
i. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very-low-income; ii. Subject to any other form of rent or price control; or iii. Occupied by low- or very-low-income households.
b. The replacement units shall be provided in addition to the requirements for providing restricted units pursuant to this Section.
c. The replacement units shall be provided on at least a one-for-one basis for those affordable units removed.
d. The replacement units shall have at least the same number of bedrooms as the affordable units removed.
e. Affordable dwelling units that make a project eligible under state density bonus law may be counted towards the replacement units.
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37 f. The replacement units shall be available for occupancy at the same time as the new affordable housing development, or at least three years from the date the affordable units were demolished as a result of the new affordable housing development, whichever is sooner. The city may require the posting of a bond and/or the recordation of a covenant against the site of the new affordable housing development to ensure compliance.
g. The replacement units shall comply with the provisions of Section 17.41.1.020 and Sections 17.42.020(L)(3)(a)(i), 17.42.020(L)(3)(a)(ii), 17.42.020(L)(3)(a)(iii),

17.42.020(L)(3)(b), and 17.42.020(L)(5) of this title.
h. An application for a new affordable housing development where replacement units are required shall specify the following:
i.Number of affordable dwelling units demolished or proposed to be demolished, including number of bedrooms and size in square feet;
ii.Documentation of the current rents and income of all replacement tenants, and any tenants evicted in the prior 12 months, for existing affordable units; iii.Documentation of the rents and income of all prior tenants of affordable units that were demolished prior to the application for a new affordable housing development, as feasibly available.
iv. Number of replacement units proposed;
v. Unit square footage and number of bedrooms of the replacement units; vi. Proposed location of the replacement units;
vii. Amenities and services provided for the replacement unit residents; and viii. Specific level of affordability for each of the replacement units.

7. Administration and Monitoring.
a. The city council, by resolution, may establish fees for the ongoing administration and monitoring of the restricted units, which fees may be updated periodically, as required.
b. The city council, by resolution, may adopt procedures for implementing this Section, including documents that establish standards for determining household income, restricted housing unit cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
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38 17.48.030. Specific parking requirements.

Parking Standards
A. Residential Uses.

Emergency shelters For each 10 adult beds, one space plus oOne additional space per employee on the largest
maximum staff shift.

Large residential care facility For every two beds, one space and one space for every employee.

In addition, one off-street parking space for
each outside employee shall be provided and
maintained.

Low barrier navigation center One space per employee on the maximum staff shift.

Multifamily units For each efficiency dwelling unit, two spaces which (market rate) shall be either enclosed
or covered. For each one-bedroom or twobedroom unit, three spaces, two of which shall be enclosed. For each additional
bedroom above two, one space which shall
be enclosed or covered. Guest parking
for each four units or fraction thereof, one
space.

Multifamily units For each efficiency or one-bedroom dwelling unit, (affordable) one space. For each
dwelling unit with two-bedroom or three- or
more bedrooms unit, two spaces., one of
which shall be either enclosed or covered
inclusive of guest parking. For each fourbedroom or larger unit, two and one-half spaces. Guest parking for each four units or
fraction thereof, one space.

Single-family residence Two enclosed spaces and two unenclosed spaces.

Single-room occupancy For two units, one space inclusive of guest parking. Resident manager parking, two
spaces.

Small residential care facility For each facility, two enclosed and two unenclosed spaces.

Transitional housing Parking shall be as required for other uses of the same housing type in the same zone.
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39 Chapter 17.63
HOUSING ACCESSIBILITY—REQUEST FOR REASONABLE ACCOMMODATION

17.63.020. Applicability.

C. A person with a disability is a person who has a physical or mental impairment that substantially limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

This section shall only apply to those persons who are defined as disabled under the Acts.

17.63.040. Reviewing authority.

A. Applications for reasonable accommodation shall be reviewed by the director or designee, if no approval is sought other than the request for reasonable accommodation. The director may, in his or her discretion, refer applications that may have had a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) directly to the Planning Commission for a decision.

17.63.050. Findings.

A. A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings in compliance with the Acts:

1. The housing, which is the subject of the request, will be occupied by a person with a disability as defined in Section 17.63.020(C) of this chapter.

2. The approved reasonable accommodation is necessary to make the specific housing available to a person with a disability as defined in Section 17.63.020(C) of this chapter.

3. The approved reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The approved reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to, land use and zoning.

5. The approved reasonable accommodation would not adversely impact coastal resources, including:
a. Would not conflict with any easements required for public access through, or public use of a portion of the property that the project is located on; b. Would not adversely impact wetlands, environmentally sensitive habitat area, and/or public views; and
c. There is no feasible alternative that would accomplish the same purpose of the reasonable accommodation request that would be more protective of coastal resources.
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40 6. The project that is the subject of the approved reasonable accommodation conforms to the applicable provisions of the LCP and the applicable provisions of this section, with the exception of the provision(s) for which the reasonable accommodation is granted.

B. A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings:

1. The housing, which is the subject of the request, will be occupied by a person with a disability as defined in subsection A above.

2. The request for reasonable accommodation is necessary to make housing available to a person with a disability as defined in subsection A above.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to land use and zoning.

5. The requested reasonable accommodation would adversely impact wetlands, environmentally sensitive habitat area, public access and/or public views, and, if it does have such an impact, whether the request can be accomplished under a feasible alternative approach that eliminates or minimizes those impacts. Mitigation shall be included to address significant impacts.

6. The feasible alternative to be implemented is the feasible alternative resulting in the least adverse impact on wetlands, environmentally sensitive habitat area, public access and/or public views.

17.63.060. Decision.

B. At least 10 calendar days before issuing a written determination on the application, the director shall mail notice to the applicant and all abutting property owners and 491
41 occupants and those immediately across the street that the city will be considering the application and inviting written comments on the requested accommodation.

C. Upon referral from the director, the planning commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation. The commission shall issue a written determination within 45 calendar days after such public meeting.

D. C.

Notice of planning commission meeting to review and act on the application, if submitted for concurrent review with a CDP application, shall be made in writing, 10 calendar days prior to the meeting and mailed to the applicant and all abutting property owners and occupants as well as those immediately across the street.

E.D.

The review authority's written decision shall set forth the findings, any conditions or approval, notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the approving authority is the director, to any person having provided written or verbal comment on the application.

F. E.

The written decision of the reviewing authority shall be final unless appealed in the manner set forth in subsection H of this section.

G.F.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

H.G.

Where the improvements or modification approved through reasonable accommodation would generally require a variance, a variance shall not be required.

LAND USE PLAN (LUP) AMENDMENT
CHAPTER 6 – SCENIC AND VISUAL RESOURCES
C. Land Use Policies

2. New Development

6.7 The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Notwithstanding the foregoing, to accommodate an affordable housing project, the maximum allowable height in the Affordable Housing Overlay Zone is 30 feet. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure. 494
2 LOCAL IMPLEMENTATION PLAN (LIP) AMENDMENTS
CHAPTER 2—DEFINITIONS

2.1. GENERAL DEFINITIONS
BY-RIGHT USE – the City’s review of the use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

COORDINATED ENTRY SYSTEM - a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

EMERGENCY SHELTER – housing with minimal supportive services for homeless persons, which is limited to occupancy of 6 months or less by a homeless person. person and is operated by a government agency or private non-profit organization. No individual or household may be denied emergency shelter because of an inability to pay.

LOW BARRIER NAVIGATION CENTER – is a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy (as provided in Government Code §65660(a), as the same may be amended from time to time).

LOWER INCOME HOUSEHOLDS – include persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Lower income households include Very-Low Income Households, as defined in Section 50105 of the California Health and Safety Code, and Extremely-Low Income Households, include those households earning less than 80 percent of the Los Angeles County median income, and includes very-low-income households, as defined in California Health and Safety Code §50105, and extremely low-income households, as defined in Section 50106 of the California Health and Safety Code, as the same may be amended from time to time.

PERMANENT SUPPPORTIVE HOUSING – means the same as “SUPPORTIVE HOUSING.” RESIDENTIAL CARE FACILITY, SMALL any family home or group care facility serving 6 or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities - a family home, group care facility, or similar facility for six or less persons that is maintained and operated to provide 24-hour nonmedical residential care for six or less adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance. The residential care facility, small may include such a facility licensed by the State of California.
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3 SUPPORTIVE HOUSING – a building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a “target population,” and that is linked to on- or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone. (Also referred to as, “PERMANENT SUPPORTIVE HOUSING”).
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4 3.3. ZONING DISTRICTS
Q. Planned Development (PD) Zone

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” 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, 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. Domestic animals, kept as pets.
iv. Landscaping.
v. Transitional housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses.
vi. Supportive housing permitted in the same manner as a single-family residence and subject to all the restrictions that apply to single-family residential uses. 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. 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.
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5 3.4.5. Affordable Housing Overlay District
A. Purpose and Applicability. The Affordable Housing Overlay (AHO) District is intended to identify sites within the City where affordable housing developments may be established and maintained in compliance with this section. In addition to (and not as a limitation of) uses allowed within the underlying zoning district and any other applicable overlay, each property within the AHO District may be developed with an Affordable Housing Development, subject to the provisions set forth below. All requirements for the Malibu LIP that are not inconsistent with the criteria listed below shall remain in effect for those parcels in the Affordable Housing Overlay.

B. Description of Area Subject to LIP Section 3.4.5.

Table 1 – AHO District Sites
Site
Number APNs Address
1 4467-013-022 and
4467-013-023
28517 Pacific Coast Highway and adjacent vacant lot
2 4467-012-005 28401 Pacific Coast Highway
3 4458-022-023 and
4458-022-024
4458-022-908
A 2.3 acre portion of 23465 Civic Center Way (La Paz Site and formerly known as 3700 La Paz Lane)
C. Permitted Uses.

1. Affordable housing development is permitted in the AHO subject to the development standards set forth in this Section. Specifically, on AHO Site Number 3 (2.3 acre portion of 23465 Civic Center Way also known as the La Paz site) an affordable housing development is only permitted if the affordable housing development is either directly developed/constructed by the City, or if the City partners with an affordable housing developer; and eighty percent (80%) of the units are affordable for lower and moderate households, to serve as a public benefit to the City.

D. Standards. The Residential Development Standards contained in Section 3.6 of the Malibu LIP, as well as all other applicable LCP provisions, shall apply, unless specifically modified by standards detailed in this Section (3.4.5). The following special specific regulations shall apply to the AHO sites identified in Table 1 above.

1. Density. Affordable housing developments in the AHO shall:
a. Have a minimum density of twenty (20) units per net acre. b. Have a maximum density of one dwelling unit per 1,613 square feet of lot area including the, exclusive of any additional density bonus pursuant to Section

3.7.1 of the Malibu LIP.
c. Have a minimum of sixteen (16) dwelling units.
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6 d. For Sites 1 and 2, all units in excess of the permitted base density of 6 dwelling units per acre, shall be affordable to lower and moderate income households as set forth in Subsection F below. A a minimum of twenty fifty percent (5020%) of all units in excess of the 6 dwellings units per acre shall be deed restricted ("restricted units") as very-low or lower-income multi-family dwelling units. For Site 3, eighty percent (80%) of the units within an affordable housing development, exclusive of a manager's unit(s) or units, shall be affordable to lower and moderate income households as set forth in Subsection F E below,. and A a minimum of fifty percent (50%) of the affordable units shall be deed restricted (“restricted units”) as very-low or low-income multi-family dwelling units.

E2. Development Standards.
1a. Site of Construction. Structures may be constructed on slopes flatter than 1½:1. b. The Residential Development Standards contained in Section 3.6 of the LIP, as well as all other applicable LCP provisions, shall apply to affordable housing developments unless specifically modified by standards detailed in this section 3.4.5. c. Structures may exceed two stories in height but shall not exceed 30 feet in height.

2. General Guidelines. The lower-income multi-family dwelling units required under this Section: 3. Restricted Units. The lower-income restricted multi-family dwelling units required under this Section:
a. May either be rental or for-sale dwellings;
b. Shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to non-restricted units; Shall have the same exterior appearance and quality of construction as that of market-rate units in the same housing development project;
c. Shall have the same amenities as the market-rate units in the same housing development project, including the same access to and enjoyment of common open space, landscaping, parking, storage, and other facilities in the development; d. The construction materials and practices shall be comparable to those used for the market rate units The unit mix based on bedroom count shall be proportional to the unit mix based on bedroom count provided for the market-rate units in the same housing development project;
e. The exterior grounds shall be landscaped and well maintained; and May be comprised of up to thirty-three percent (33%) less square footage than market rate units of the same bedroom count;
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7 f. The units shall be disbursed throughout the project site and not clustered in a single location. Shall be dispersed throughout the affordable housing development on each floor and section of the building(s) and throughout the site such that:
i. No more than fifty (50) percent of the proposed restricted units are consolidated into one structure in developments with more than one multi-unit structure; and ii. No more than twenty (20) percent of the proposed restricted units in a single multi-unit structure are located adjacent to each other or stacked on consecutive floors unless it is unavoidable due to the required unit mix and distribution; and
g. Shall be made available for occupancy concurrently with the market-rate units of the affordable housing development as follows:
i. In ownership projects, the City may not issue building permits for more than fifty (50) percent of the market-rate units until it has issued building permits for all of the restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventy-five (75) percent of the market-rate units until it has issued final inspections or certificates of occupancy for all of the restricted units.
ii. In rental projects, the City may not issue building permits for more than fifty (50) percent of the market-rate buildings until it has issued building permits for all buildings containing restricted units, and the City may not approve any final inspections or certificates of occupancy for more than seventy-five (75) percent of the market-rate buildings until it has issued final inspections or certificates of occupancy for all of the buildings containing restricted units. iii. In the event the City approves a phased project, the restricted units shall be provided proportionally within each phase of the affordable housing development.

FE. Affordability.

1. Rental uUnits. Prior to the issuance of any building permit for an Aaffordable Hhousing Ddevelopment in the AHO, the property owner shall enter into with the City and record an Affordable Housing Agreement per Section 3.7.1(D)(4) of the Malibu LIP for a period of not less than fifty-five (55) years that includes the provisions and terms for meeting the requirements of this Section.

2. For-sale or Oowner-Ooccupied Uunits. Prior to the issuance of any building permit for an Aaffordable Hhousing Ddevelopment in the AHO, the property owner shall enter into and record in the office of the Los Angeles County Recorder a covenant in a form approved by the City restricting future sale prices to levels affordable levels according to Section 3.4.5(D)(1)(d) lower-income households and including procedures for verifying and maintaining compliance with income eligibility requirements for a period of not less than fifty-five (55) years.
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8 3. Housing Plan. An application for approval of an affordable housing development shall include an Affordable Housing Plan describing how the development will comply with the provisions of this Section. No application for approval of an affordable housing development shall be deemed complete unless the Affordable Housing Plan is in conformance with this Section. An Affordable Housing Plan shall include a written description and project plans indicating each of the following:
a. The number of restricted units proposed.
b. The unit square footage and number of bedrooms for market-rate and restricted units and whether they are ownership or rental units.
c. The proposed location of the restricted units.
d. Amenities and services provided for the unit residents. e. Specific level of affordability for each of the restricted units. f. Schedule for production of the restricted and market-rate units.

F. Replacement Housing. The following requirements shall apply to Sites 1 and 2.

1. A new affordable housing development on a site where affordable dwelling units exist and are proposed for demolition, or previously existed within five years prior to the property owner’s application for a new affordable housing development, shall replace such units (“replacement units”) with those affordable to the same or lower category of income level if, within five years prior to the property owner’s application for a new affordable housing development, the affordable units were:
a. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very-low-income; b. Subject to any other form of rent or price control; or c. Occupied by low- or very-low-income households.

2. The replacement units shall be provided in addition to the requirements for providing restricted units pursuant to this Section.

3. The replacement units shall be provided on at least a one-for-one basis for those affordable units removed.

4. The replacement units shall have at least the same number of bedrooms as the affordable units removed.

5. Affordable dwelling units that make a project eligible under state density bonus law may be counted towards the replacement units.

6. The replacement units shall be available for occupancy at the same time as the new affordable housing development, or at least three years from the date the affordable units 501
9 were demolished as a result of the new affordable housing development, whichever is sooner. The city may require the posting of a bond and/or the recordation of a covenant against the site of the new affordable housing development to ensure compliance.

7. The replacement units shall comply with the provisions of Section 3.4.5(D)(1), Section

3.4.5(D)(2), and Section 3.4.5(E).

8. An application for a new affordable housing development where replacement units are required shall specify the following:
a. Number of affordable dwelling units demolished or proposed to be demolished, including number of bedrooms and size in square feet;
b. Documentation of the current rents and income of all replacement tenants, and any tenants evicted in the prior 12 months, for existing affordable units; c. Documentation of the rents and income of all prior tenants of affordable units that were demolished prior to the application for a new affordable housing development, as feasibly available.
d. Number of replacement units proposed;
e. Unit square footage and number of bedrooms of the replacement units; f. Proposed location of the replacement units;
g. Amenities and services provided for the replacement unit residents; and h. Specific level of affordability for each of the replacement units.

G. Review and Approval.

1. Affordable housing on Sites 1 and 2 that qualifies under, and is consistent with the provisions of, this Section and that provides at least 20 percent of the total dwelling units to households qualifying as lower-income, shall be approved by the city as a by-right use.

2. Subdivisions of land associated with affordable housing projects on Sites 1 and 2 that are consistent with LIP Chapter 15 shall be approved by-right.

3. Review and approval of affordable housing on Site 3 shall be as set forth in LIP Chapter

13. H. Administration and Monitoring.

1. The city council, by resolution, may establish fees for the ongoing administration and monitoring of the restricted units, which fees may be updated periodically, as required.

2. The city council, by resolution, may adopt procedures for implementing this Section, including documents that establish standards for determining household income, 502
10 restricted unit housing cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.
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11 3.6 RESIDENTIAL DEVELOPMENT STANDARDS
All single-family and multiple-family residences shall be subject to the following development standards:

A. Every residence shall have a roof constructed with roofing material in compliance with rating as specified by Title 15 of the Malibu Municipal Code; B. Every residence shall have an exterior siding of brick, wood, metal, concrete or other similar material, except that reflective, glossy, polished and/or roll-formed type metal siding is prohibited;
C. Except as specifically provided herein, every single-family residence shall be not less than twenty (20) feet in width. A single-family residence need only be a minimum of eighteen (18) feet wide when it is to be located on a lot or parcel of land less than twenty-six (26) feet in width. In order to allow for flexibility and creativity of design, a single-family residence may be less than twenty (20) feet wide, but not less than twelve (12) feet, if the floor area, exclusive of appurtenant structures, is at least nine hundred (900) square feet and the side or sides oriented toward a public street, highway or parkway have a dimension to width;
D. The minimum floor area of a residential unit shall be as follows:

1. For a single-family residence, not less than eight hundred (800) square feet, exclusive of any appurtenant structures.

2. For each multifamily dwelling unit, not less than three hundred (300) square feet, exclusive of any appurtenant structures.

E. Height.

1. Non-beachfront lots. Except as provided for projects in the affordable housing overlay district pursuant to Section 3.4.5(D)(2)(c), eEvery residence and every other building or structure associated with residential development, including satellite dish antenna, shall not be higher than 18 feet above natural or finished grade, including rooftop, parapet and deck walls and railings, whichever results in a lower building height, except for chimneys and rooftop antenna other than satellite dish antenna.

2. Notwithstanding any provision of this section, the Manager may issue a development permit, pursuant to Section 13.27 of the Malibu LIP (Site Plan Review), to allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two, except as provided for projects in the affordable housing overlay district pursuant to Section 3.4.5(D)(2)(c).

3. Beachfront lots. Except as provided for projects in the affordable housing overlay district pursuant to Section 3.4.5(D)(2)(c), fFor new construction on a beachfront lot, no residence or structure, including satellite dish antenna, shall exceed 24 feet for flat roof including solid rooftop, parapet and deck walls, and 28 feet for pitched roof, as measured from the lowest recommended finish floor elevation on the ocean side, as defined by a licensed Civil Engineer, based upon a Comprehensive Wave Action Report, and 24 feet for a flat roof and 28 feet for pitched roof as measured from center 504
12 line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the centerline of the road shall not exceed half of the total length (front to rear) of the structure. Open railings for rooftop decks on structures with a flat roof may extend 25 feet in height.

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

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

2. Side yard setbacks shall be cumulatively at least 25% of the total width of the lot but, in no event, shall a single side yard setback be less than 10% of the width of the lot or 5 feet, whichever is greater.

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

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

5. Modifications to required yards/setbacks standards shall be permitted where necessary to avoid or minimize impacts to sensitive resources.

6. Setbacks from parklands. New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.
a. New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required park buffer areas, except that habitat restoration and invasive plant eradication may be permitted if designed to protect and enhance habitat values. b. Variances or modifications to park buffer standards shall not be granted except where there is no other feasible alternative for siting the primary structure. In such cases, one primary structure shall be the only permitted development on the site, and the structure shall be restricted in size and designed to maximize the buffer standard to the maximum extent feasible.
c. Permitted development located within or adjacent to parklands that adversely impact those areas may include open space or conservation restrictions or easements over parkland buffer in order to protect resources. 505
13 7. Setbacks shall also be in compliance with Article VIII of the Malibu Municipal Code (Building Code).

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

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

2. Side. 10% of lot width on each side, with a 3 feet minimum and 5 feet maximum, except as required for view corridors under Section 6.5(E)(2) of the Malibu LIP.

3. Rear. Setbacks for infill development are determined by the stringline rule. Separate setback standards apply to dwellings and decks, as indicated below. The stringline method shall apply only to infill development and where it will not result in development which would require a shoreline protection structure at any time during the life of the project, except when necessary to protect a new septic system and there is no feasible alternative that would allow residential development on the parcel. Septic systems shall be located as far landward as feasible.
a. Dwellings. For a dwelling, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast dwelling. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast dwelling.
b. Decks and patios. For a deck or patio, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast deck or patio. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast deck or patio.
c. All infill development shall be set back a minimum of 10 feet landward from the most landward surveyed mean high tide line on the parcel. The location of the mean high tide shall be determined in consultation with the State Lands Commission.

4. Stringline modification. Where the application of the stringline rule results in a stringline substantially inconsistent with adjacent development, the applicant may apply for a minor modification pursuant to LIP Section 13.27.1(B)(3). Alternatively, the applicant may apply for a variance pursuant to LIP Section 13.26.

5. Accessory structures. No accessory structure (including, without limitation, a gazebo, cabana) may project seaward of the dwelling stringline.

6. Swimming pools and spas. Pools and spas may project seaward of the dwelling stringline, but in no case may they project seaward of the deck stringline.

7. Stairways. Stairways from decks to the beach may not project seaward of the deck stringline.
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14 8. Fences. Fences, shall not project seaward of the structure stringline, with the exception of any required safety railing around decks that is a maximum of 42 inches in height, and fencing constructed of transparent material such as plexiglass.

9. Shoreline protective devices. A shoreline protective device shall be permitted only if the Planning Manager and the Building Official determine that the device is necessary to protect an existing structure as defined in paragraphs L. and M. of Section 10.4 of the LIP or an existing or new sewage disposal system. A shoreline protective device shall be located as far landward as possible, consistent with the provisions of Chapter 10 of the Malibu LIP.

10. Bluffs. Setbacks shall be consistent with the requirements of Chapter 10 of the Malibu LIP.

H. Development Area. Except for an affordable housing development within the AHO Overlay, every residential development shall be contained within a convex-shaped enclosure that shall not exceed 2 acres, except where otherwise restricted by provisions of the ESHA Overlay Chapter (Chapter 4), Scenic and Visual Resources Chapter (Chapter 6), or Grading Chapter (Chapter 8) of the Malibu LIP.

I. Single Family.

1. Use of permeable surfaces is encouraged, especially for driveways. However, including the primary structure, impermeable surfaces are permitted for residential lot areas (excluding slopes equal to or greater than 1:1), up to 1/4 acre at 45%; for lot areas greater than 1/4 acre but a ½ acre or less, at 35% and for lots greater than 1/2 acre at 30% up to a maximum of 25,000 square feet. Beachfront lots shall not be subject to this Paragraph.

2. Multi-family. 25% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. “Green or living walls” shall not be considered landscaping for the purpose of this paragraph. The required 5 foot landscape buffer around the perimeter of parking areas pursuant to Section

3.12.5(E)(1) of the Malibu LIP shall count toward the 25% requirement. An additional 5% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. Beachfront lots shall not be subject to this Paragraph.
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15 3.7 AFFORDABLE HOUSING

3.7.1 Residential Density Bonus
A. Purpose and Intent. The purpose of this section is to implement the incentive program provided in the State Ddensity Bbonus Law (Government Code Sections 65915 through 65918) in order to provide additional opportunities for the provision of affordable housing within the City of Malibu in compliance with the policies of the Local Coastal Program. The intent of the following regulations is to ensure that the provisions of Government Code Sections 65915 through 65918 et seq. are implemented in a manner that is consistent with the policies of Chapter 3 of the Coastal Act and is most protective of coastal resources.

B. Eligibility. A density bonus may be granted to an eligible housing development, as defined in Government Code section 65915(i), pursuant to Government Code section 65915 et seq. . in any residential district through approval by the city council (after recommendation from the planning commission) of a CDP. In order to qualify for a density bonus or other financial incentives or equivalent value as specified in Government Code Section 65915 the developer of a housing development project shall agree to construct one of the following:

1. At least ten (10) percent of the total units of a housing development for persons and families of lower income;

2. At least five (5) percent of the total units of a housing development for very low income households;

3. A senior citizen housing development; or

4. At least ten (10) percent of the units in a common interest subdivision for persons and families of moderate income.

Only one density bonus up to a maximum of thirty-five (35) percent shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer.

C. General Provisions. for Density Bonuses and Incentives/Concessions. In accordance with Government Code Section 65915, the City shall consider a density bonus and provide incentives or concessions for a housing development subject to the following provisions:

1. Determination of unit count. When determining percentage of housing units which are to be affordable, the density bonus units shall not be included.

2. Minimum project size. A project must contain at least five dwelling units in order to be considered for a density bonus.

3. Previous density bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. 508
16 4. Dispersal of affordable units. “Affordable” or “density bonus” units shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development.

5. Regulatory incentives. In accordance with Government Code Section 65915, in addition to a density bonus the City shall grant at least one of the following regulatory concessions and/or incentives to ensure that the residential project will be developed at a reduced cost:
a. A reduction in the site development standards or a modification of zoning code requirements including, but not limited to, reduced minimum lot size or dimensions; or reduced minimum setbacks.
b. Approval of mixed-use development in conjunction with a multi-family residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located.
c. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions.

D. Procedures for Approval.

1. Notification to developer. The City shall, within ninety (90) days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.

2. Findings. When required by Government Code Section 65915, the City shall grant a density bonus that allows the applicant to build no more than thirty-five (35) percent more units than a property’s zoning would ordinarily allow, if the City finds:
c. The number of units is compatible with the existing and planned infrastructure and service facilities serving the site;
d. The developer has demonstrated that the density bonus and adjustment of standards is necessary to make the project economically feasible;

1. Density Bonus Awarded. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code section 65915. a. For the purposes of calculating the density bonus, the “maximum allowable residential density” shall be the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan. 509
17 b. Except as otherwise required by Government Code section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. c. The city shall grant a density bonus pursuant to Government Code section 65915 if it finds that the project meets each of the following:
i. The proposed increased density is consistent with Section 30604(f) of the California Coastal Act, Government Code Section 65915 and Section 3.7.1 of the Local Coastal Program.
ii. If located within the coastal zone, tThe project is found to be in conformity with the coastal resource protection standards in the Local Coastal Program (including but not limited to sensitive habitat, agriculture, public viewshed, public services, public recreational access and open space protections), with the exception of the density provisions; and
iii. The proposed project is compatible with the goals and coastal resource protection policies of the LCP and purpose and intent of this section.

3. In accordance with Government Code Section 65915(f), the density bonus shall be calculated based on the otherwise maximum allowable residential density under the LCP.

The “otherwise maximum allowable residential density” shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the LCP.

4. Any housing development approved pursuant to Government Code Section 65915 shall be consistent with all applicable certified local coastal program coastal resource protection policies and development standards, with the exception of the density provisions. d. If, however, the City determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, before approving a density increase, the City shall identify all feasible means of accommodating the density increase and consider the effects of such means on coastal resources. The City shall require implementation of the means that avoid impacts to coastal resources, as required by relevant LCP policies, while still providing the density increase permitted by law.
5e. For the purposes of this section, "coastal resources" means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, California Public Resources Code Section 30200 et seq., including, but not limited to, public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.

6. For any housing development where the City approves a density bonus, prior to issuing the coastal development permit, the owner must record an affordable housing agreement

2. Incentives/Concessions. The city shall grant the applicant the number of incentives and concessions required by Government Code Section 65915(d). The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the following written findings based upon substantial evidence:
510
18 a. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k) of section 65915 to provide for affordable housing costs as defined in section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c) of Section 65915. b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested incentive(s) or concession(s), cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.

3. Waiver or Reduction of Standards. Except as restricted by Government Code section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:
a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households;
c. The waiver or reduction of the development standard would be contrary to state or federal law; or
d. The proposed project, with the requested waiver(s) and/ reduction(s) of development standards, cannot feasibly be accommodated on the site in a manner that conforms with the California Coastal Act.
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19 4. Parking Reduction. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code section 65915(p), as that section may be amended from time to time.

6. Replacement Housing Requirement. Pursuant to Government Code section 65915(c)(3), as it may be amended from time to time, the applicant shall be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:
a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; or b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low-income have been vacated or demolished in the five-year period preceding the application; or c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

D. Procedures. The procedures for implementing this section shall be as follows:

1. Application and Review. An application for a density bonus shall be filed and processed concurrently with any other land use application(s) for the housing development, such as a coastal development permit. The reviewing authority for a density bonus shall be the city council after recommendation from the planning commission.

1.2. Notification to developer. The City shall, within ninety (90) days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions.
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20 3. Documentation. The application for a density bonus shall clearly indicate the number of units pursuant to Section 3.7.1(C)(1)(a) allowed by the city’s general plan and zoning regulations, the number of density bonus units requested, the number of affordable units that will be included in the proposed project, and the location of the affordable units. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to the satisfaction of the planning director. .

4. 3.7.2 Affordable Housing Agreement. An applicant that chooses any option for satisfying the affordability requirements of this chapter shall enter into an affordable housing agreement (“agreement”) with the City. The agreement shall be executed in a recordable form prior to the issuance of a CDP and building permit for any portion of a project including affordable units, subject to the requirements of this chapter. For any housing development where the City approves a density bonus, including any incentive or concession, or waiver or reduction in standards, prior to issuing the coastal development permit, the owner must record an affordable housing agreement pursuant to Section

3.7.1(F).

E. Required Terms for Continued Availability of Affordable Units. The eligible housing development shall comply with Government Code section 65915(c).

1. Low and Very-Low Income Households. An applicant providing low and very-low income units in accordance with this chapter must continue to restrict those units to low or verylow income households for a minimum of fifty-five (55) years or longer term under another regulatory agreement from the date of initial occupancy.

2. Moderate Income Households. In the case of a housing development providing moderate income units, the initial occupant of the unit must be a moderate income household and the sale price must be affordable to moderate income households and household and the sale price must be affordable to moderate income households. a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall be used within five years for any of the purposes described in subsection (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. Any recaptured funds shall be deposited into a housing trust account to be used in accordance with subsection (e) of Section 33334.2 of the California Health and Safety Code.

F. Affordable Housing Agreement Requirement.

1. The agreement shall:
a. Provide a description of the project, how the affordable housing requirements will be met by the applicant, and whether the affordable units will be rented or owneroccupied; b. Identify the type, size and location of each affordable housing unit required 513
21 hereunder;
c. Identify the incentive(s) and/or concession(s) provided by the City (if any) for a density bonus;
d. Identify limits on income, rent, and sales price of affordable units; e. Identify the term of the agreement, which would then define the term of affordability of the required units;
f. Require that the affordable housing units be constructed and completed by the applicant as specified in this chapter and in accordance with state law; g. Require that each affordable housing unit be kept available only to members of the identified income group at the maximum affordable rent during the term of the agreement;
h. Describe procedures for tenant selection and the process for qualifying prospective households for income eligibility;
i. Identify provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal for owner-occupied units, or restrictions for rental units; j. Include performance guarantees (e.g., a cash deposit, bond, or letter of credit) as required by the City;
k. Include provisions for the enforcement and penalties for violation of the agreement; and
l. Identify the means by which such continued availability shall be secured and enforced and the procedures under which the affordable housing units shall be leased and shall contain such other terms and provisions, the City may require.

2. The agreement, in its form and manner of execution, shall be in a form approved by the City Attorney and able to be recorded with the Los Angeles County Recorder. Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents shall also be recorded against owner occupied affordable units.

3. The affordability of the required units shall be monitored for compliance by Planning Department staff. The Planning Director is hereby expressly authorized to act as the City’s agent to enter into the agreement for the purpose of enforcing the terms of the agreement consistent with this chapter. The agreement shall include a provision for reimbursement of the City’s costs of monitoring.

G. Density Bonus Law.
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22 1. Compliance. The applicant shall comply with all requirements of Government Code section 65915 et seq. The requirements of Government Code section 65915 et seq., and any amendments thereto, shall prevail over any conflicting provision of this code.

3.7.3 Affordable Housing Fund
H. Affordable Housing Fund.

A. Fund Revenues.

B. Purpose and Limitations.

1. Fund Revenues. The fund shall receive all in-lieu fees paid under Section 3.7.1(E)(2) and may also receive moneys from other sources.

2. Purpose and Limitations. Affordable housing fund moneys shall be used in compliance with the general plan housing element and this chapter to construct, rehabilitate, or subsidize affordable housing or assist other governmental entities, private organizations, or individuals to provide or preserve affordable housing. The fund may be used for the benefit of both rental and owner-occupied housing. Allowed uses of fund moneys include:
a. Assistance to housing development corporations;
b. Equity participation loans;
c. Grants;
d. Pre-home ownership co-investment;
e. Predevelopment loan funds;
f. Participation leases;
g. Other public-private partnership arrangements;
h. The acquisition of property and property rights;
i. Construction of affordable housing including costs associated with planning, administration, and design, as well as actual building or installation; j. Cost of rehabilitation and maintenance of existing affordable housing when needed to preserve units that are at risk of going to a market rate or at risk deterioration; 515
23 k. Other costs associated with the construction or financing of affordable housing; l. Reasonable administrative charges or related expenses; and m. Reasonable consultant and legal expenses related to the establishment and/or administration of the fund.
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24 3.11. DEVELOPMENT STANDARDS FOR SPECIAL USES

3.11.5 Emergency Shelter Requirements Special Housing Projects A. Emergency Shelters

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

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

3. Permitted Use. Emergency shelter uses that comply with the standards in section 3.11.5 (A)(4) shall be a permitted use established by-right.

4. Regulations. An emergency shelter is allowed subject to a coastal development permit, unless determined to be exempt pursuant to Section 13.4, consistent with the LCP and subject to the following standards in each case. An application for an emergency shelter shall include a written operations plan with exhibits indicating compliance with all of the standards.

2. a. Size Limit. The maximum number of individuals permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the shelter or one person per one hundred twenty-five (125) square feet of floor area, whichever is less. In no case shall occupancy exceed twenty-fifty-five (255) individuals at any one time. Total square footage of a new facility shall comply with the maximum square footage limit set forth for the underlying zoning district.

3. b. Facility Requirements.
a.
i. Each occupant shall be provided a minimum of fifty (50) square feet of personal living space, not including space for common areas.
b.
ii. Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2). c.
iii. Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided. d.
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25 iv. The shelter may provide one or more of the following specific facilities and services onsite, including but not limited to:
i.
(1) Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;
ii.
(2) Dining area;
iii.
(3) Laundry room;
iv.
(4) Recreation room;
v.
(5) Support services (e.g. training, counseling, etc.); and vi.
(6) Child care facilities.

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

5. vi. Proximity to Other Shelters. No emergency shelter shall be located closer than three hundred (300) feet from another emergency shelter. The three hundred (300) foot separation shall be measured from the nearest points of the property lines on which the shelters are located.

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

7. viii. Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor onsite waiting and intake areas.

In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area. a.
(1) Staging for drop-off, intake and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard.
b.
(2) Shelter plans shall show the size and location of any proposed waiting or occupant intake areas, interior and exterior.

8. ix. Off-Street Parking. Parking shall be provided, in accordance with Section 3.14.3 of the Local Coastal Program.

5. Reviewing Authority.
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26 1. Coastal Development Permit applications for emergency shelters shall be reviewed by the appropriate decision making authority in accordance with Section 13.7. A coastal development permit application is required for emergency shelters, unless determined to be exempt, consistent with the LCP, pursuant to LIP Section 13.4, and shall be reviewed by the appropriate decision making authority in accordance with LIP Section

13.7. Applications for a emergency shelter use shall be reviewed by the director or designee. If the proposed use meets the requirements of this Section, the director shall issue a permit.

B. Low barrier navigation centers

1. Purpose. The purpose of this section is to provide standards for low barrier navigation centers.

2. Applicability. The provisions of this section are applicable in the Community Commercial (CC) district only where the Affordable Housing Overlay (AHO) also applies, and in the Commercial General (CG) district.

3. Permitted Use. Low barrier navigation center uses that comply with the standards in section 3.11.5(B)(2) and (4) shall be permitted use established by-right.

4. Regulations.
a. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
c. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
d. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
e. Unless specifically modified by standards detailed in this Section, a low barrier navigation center shall be consistent with all objective standards that apply to other multi-family residential uses within the same zoning district.

5. Review Process. Applications for low barrier navigation centers shall be reviewed by the director or designee. If the proposed use meets the requirements of this section, the director shall issue a permit.

C. By-right permanent supportive housing.

1. Purpose. The purpose of this Section is to provide standards for by-right permanent supportive housing. By right permanent supportive housing is that supportive housing meeting the criteria of Section 3.5.11(C)(2) and (4). Permanent supportive housing that does not comply with the provisions of this Section shall be subject to the standards, requirements and review process for other multi-family residential uses in LIP Section 3.6 Residential Development Standards, Section 3.5 General Regulations/Development 519
27 Standards, Section 3.12 Landscaping and Fuel Modification, Section 3.14 Parking Regulations, and all other applicable sections of the LIP.

2. Applicability. The provisions of this section are applicable in the Community Commercial (CC) district only where the AHO (LIP section 3.4.5) also applies, and the following districts: Multiple Family Residential (MF), Multifamily Beach Front (MFBF), and Commercial General (CG).

3. Permitted Use. Permanent supportive housing uses that comply with the standards in Section 17.40.120(C)(4) shall be a permitted use established by-right.

4. Regulations. By-right permanent supportive housing shall satisfy each of the following requirements:
a. All provisions of Government Code section 65651(a).
b. Unless specifically modified by standards detailed in this Section, the supportive housing development is consistent with all objective standards that apply to multifamily residential use within the same zoning district. c. Parking spaces are provided for the supportive housing consistent with the standards that apply to multi-family residential use in LIP section 3.14, unless the development is within one-half mile of a public transit stop, in which case one parking space shall be required for each employee on the maximum staff shift.

3..11.6.

D. Single-Room Occupancy Facility Requirements
The following standards shall apply to any single-room occupancy (SRO) facility development proposal in addition to all other commercial development standards set forth in this chapter. The provisions of this Section are applicable in the Commercial General (CG) zoning district.

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

2. Size / Occupancy. Minimum size of one hundred fifty (150) square feet and maximum size of four hundred (400) square feet per SRO unit. Occupancy is a maximum of two individuals.

3. Laundry facilities must be provided onsite.

4. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities.

6. Management. The SRO facility must provide twenty-four (24) hour onsite management.

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

7. Off-street Parking. Parking shall be provided in accordance with Section 3.14.3 of the Local Implementation Plan.

8. Facilities must provide a storage area for refuse and recyclables that is enclosed by a sixfoot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.
521
29 3.14.3 Specific Parking Requirements
Parking shall be provided in accordance with the list of uses under this section. Where the standards result in a fraction, the next larger whole number shall be the number of spaces required. For additions to existing developments, the increased parking requirement shall be based only on the addition. A minimum of two spaces shall be provided for any use or development regardless of the size or scope of the use or development. The minimum size for a residential parking space shall be 18 feet long by 10 feet wide. If the specific use is not listed in the following table, the parking requirements listed in each zone district shall apply:

PARKING STANDARDS
Residential Units
Emergency shelters One parking space per 10 adult beds, plus 1 One parking space per employee on the
largest maximum staff shift.

Large residential care facility One space for every two beds and 1 space for every employee.

In addition, 1 off-street parking space for
each outside employee shall be provided and
maintained.

Low barrier navigation center One parking space per employee on the maximum staff shift.

Multi-family units
(market rate)
For each efficiency dwelling unit, 2 spaces
which shall be either enclosed or covered
For each one-bedroom or two-bedrooms unit,
3 spaces, two both of which shall be
enclosed
For each additional bedroom above two, 1
space which shall be enclosed or covered
Guest parking for each 4 units or fraction
thereof, 1 space
Multi-family units
(affordable)
For each efficiency or one-bedroom dwelling
unit, 1 space.

For each dwelling unit with two or more
bedrooms -bedroom or three-bedrooms unit,
2 ½ spaces., inclusive of guest parking
For each four-bedroom or larger unit, 2 ½
spaces
522
30 Guest parking for each 4 units or fraction
thereof, 1 space.

Single-family residence Two enclosed spaces and two unenclosed spaces
Single-room occupancy For two units, 1 space (inclusive of guest parking).

In addition, 2 spaces for the resident
manager.

Small residential care facility 2 enclosed and 2 unenclosed spaces.

Supportive housing Parking shall be as required for other uses of the same housing type in the same zone,
except that by-right permanent supportive
housing parking shall be as required in Section

3.11.5(C)(3)(j).

Transitional housing Parking shall be as required for other uses of the same housing type in the same zone.
523
31 6.7 APPLICATION SUBMITTAL REQUIREMENTS
A. Applications for new development in scenic areas visible from public viewing areas, public trails, beaches, or scenic roads shall include a visual analysis that includes:

1. Grading plan, if any grading is proposed.

2. Cross sections of the project site showing the proposed grading and structures.

3. Line of sight analysis showing the view of the project site from public viewing areas.

4. Photos of the project site from public viewing areas and/or scenic roads, with story poles placed on the site to indicate the proposed location and maximum height of all structures and stakes placed on the site to indicate the extent of all proposed grading for all proposed single-family residential and non-residential developments.

5. For multi-family residential development, in lieu of story poles, photosimulations and visual impact analysis exhibits depicting the potential impacts of a proposed multifamily residential development on the identified public views, may be provided at the discretion of the Director.

5. 6. An analysis of the potential impacts of the proposed development on the identified public views.

6. 7. Project alternatives designed to avoid and minimize impacts to visual resources.

7. 8. Mitigation measures necessary to minimize or mitigate residual impacts that cannot be avoided through project siting and design alternatives.

B. Applications for land divisions shall include a grading plan, drainage/polluted runoff control plan, landscape plan, conceptual fuel modification plan (based on anticipated location of future structures), line of sight analysis showing the view of the project site from public viewing areas, and landscaping plans for any proposed slopes. These plans shall depict the proposed building pad or building area (if future structures will be built to the slope) and access road/driveway to each proposed parcel. If deemed necessary the visual analysis shall include the placement of story poles and stakes to indicate the location and extent of building pads and grading necessary to develop the site. 524
32 13.30 HOUSING ACCESSIBILITY—REQUEST FOR REASONABLE ACCOMMODATION A. Purpose and Intent. This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making, and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, his/her representative or any property owner, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A person with a disability is a person who has a physical or mental impairment that substantially limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section shall only apply to those persons who are defined as disabled under the Acts.

C. Application Submittal.

1. Any person with a disability may file an application for a request for reasonable accommodation with the Planning Department, on a form approved by the Planning Director and shall contain the following information, accompanied by a fee established by resolution of the City Council:
a. Applicant’s and/or property owner’s name, mailing address, daytime phone number and email address;
b. The address of the property for which the request is being made; c. Current actual use of the property;
d. The basis for the claim that the individual is considered disabled under the Acts; e. The specific code provision, regulation, procedure or policy of the LCP from which reasonable accommodation is being requested including an explanation of how application of the existing code provision, regulation, procedure or policy precludes reasonable accommodation;
525
33 f. The length of time the reasonable accommodation is necessary; g. An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual;
h. A determination of whether or not the request would result in adverse impacts to wetlands, environmentally sensitive habitat area, public access, public views and/or other coastal resources;
i. A site plan or illustrative drawing showing the proposed accommodation; and j. Any other information required to make the findings required by subsection (F)(5) of this section consistent with the Acts.

2. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires a CDP, then the applicant shall file the application submittal information together with the application for the CDP for concurrent review.

3. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue with the requested accommodation.

4. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.

D. Reviewing Authority.

1. Applications for reasonable accommodation shall be reviewed by the Director or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director may, in his/her discretion, refer applications that may have had a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) directly to the Planning Commission for a decision.

2. Applications for reasonable accommodation submitted for concurrent review with a CDP application shall be reviewed by the authority reviewing the CDP application.

E. Findings. A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings in compliance with the Acts:

1. The housing, which is the subject of the request, will be occupied by a person with disability as defined in subsection (B)(3) above.

2. The approved reasonable accommodation is necessary to make the specific housing available to a person with a disability as defined in subsection (B)(3) above. 526
34 3. The approved reasonable accommodation would not impose an undue financial or administrative burden on the City.

4. The approved reasonable accommodation would not require a fundamental alteration in the nature of the LCP.

5. The approved reasonable accommodation would not adversely impact coastal resources., including:
a. Would not conflict with any easements required for public access through, or public use of a portion of the property that the project is located on; b. Would not adversely impact wetlands, environmentally sensitive habitat area, and/or public views; and
c. There is no feasible alternative that would accomplish the same purpose of the reasonable accommodations request that would be more protective of coastal resources.

F. Decision.

1. The Director shall consider an application, and issue a written determination within forty-five (45) calendar days of the date of receipt of a completed application. If necessary, to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant responds to the request.

2. At least ten (10) calendar days before issuing a written determination on the application, the Director shall mail notice to the applicant and all abutting property owners and occupants and those immediately across the street that the City will be considering the application and inviting written comments on the requested accommodation.

3. Upon referral from the Director, the Planning Commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation. The Commission shall issue a written determination within forty-five (45) calendar days after such public meeting.

3. 4. Notice of Planning Commission meeting to review and act on the application, if submitted for concurrent review with a CDP application, shall be made in writing, ten (10) calendar days prior to the meeting and mailed to the applicant and all abutting property owners and occupants as well as those immediately across the street. 527
35 4.

5. The review authority’s written decision shall set forth the findings, any conditions or approval, notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the approving authority is the Director, to any person having provided written or verbal comment on the application.

5. 6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth in subsection (F)(8) below.

6. 7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

7. 8. Where the improvements or modification approved through reasonable accommodation would generally require a variance, a variance shall not be required.

G. The review and approval of a reasonable accommodations request is not contingent upon the findings of other discretionary actions, including those required for review of a discretionary land use approval processed concurrently with a reasonable accommodations request.

G. H.Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection E of this section.

H. I. Appeals. The process set forth in Section 13.20 shall apply, as supplemented by the following:

1. The Planning Commission or the City Council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than ninety (90) calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

2. The City shall provide notice of an appeal hearing to the applicant, adjacent property owners and any other person requesting notification at least ten (10) calendar days prior to the hearing. The appeal authority shall announce its findings within thirty (30) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The Council’s action shall be final.

3. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible.

4. Nothing in this procedure shall preclude an aggrieved individual from seeking other state or federal remedy available.

I.J. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance 528
36 regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required [time period set forth in this section.

J.K. Discontinuance. Unless the review authority determines a reasonable accommodation runs with the land, a reasonable accommodation shall lapse if the rights granted by it are discontinued for one hundred eighty (180) consecutive days. If the person initially occupying a residence or business vacates, the reasonable accommodation shall remain in effect only if the Director determines that:

1. The modification is physically integrated into a structure and cannot easily be removed or altered to comply with Chapter 3 of the Local Implementation Plan;

2. Its removal would constitute an unreasonable financial burden; and

3. The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling or business.
a. The Director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the Director shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
529
37 530
38 531
MALIBU MUNICIPAL CODE TITLE 17 ZONING
17 Attachment 1:1 Supp 0, Xxx 20xx
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 • Not permitted (Prohibited)
USE RR SF MF MFBF MH CR BPO CN CC CV-1 CV-2 CG 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 development)
28 – new or the expansion over 500 sf of
existing multifamily residential use
• • CUPP
30 CUPP2,30 • • • • P31 • • • • • • •
Second units pursuant to Government Code § 65852.2 A A A A • • • • • • • • • • • • 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 units (750 sf max), garages, barns, pool houses, pools, spas, gazebos, storage sheds, greenhouses (non-commercial), sports courts (nonilluminated), corrals (non-commercial), and similar uses) A A A A3 • • • • • • • • • • • •
Residential care facilities (serving 6 or fewer persons) P P P P • • • • • • • • • • • • Large residential care facilities (serving 7 or more persons) • • • • • • • • CUP • • • • Small residential care facilities (serving 6 or fewer persons) P P P P • • • • • • • • • • • Single Room Occupancy Facility • • • • • • • • • • • P • • • • Mixed use (Commercial and Residential) • • • • • • • • • • • CUP • • • • Employee housing for 6 or fewer persons P
32 P32 P32 P32 • • • • • • • • • • • •
Supportive housing P
28 P28 P29 P29 • • • • P35 • • P29 • •P29 • •
532
Supportive housing, by-right • • P
33 P33 • • • • P36 • • P33 • • • •
Transitional housing P
28 P28 P29 P29 • • • • P35 • • P29 • P29 • •
Low barrier navigation center • • • • • • • • P
34 • • P37 • • • •
Small family day care (serving 6 or fewer persons) P P P • • • • • • • • • • • • • Large family day care (serving 7 to 12 persons) LFDC LFDC LFDC • • • • • • • • • • • • • Home occupations P/MCUP4 P/MCUP4 P/MCUP4 P/MUP4• • • • • • • • • • • • Domestic animals kept as pets or for personal use A A A A A • • • • • • • • • • • Equestrian and hiking trails (public and private) P5 P5 P5 • • P5 • • • • • • • P5 • • Equestrian riding and training facilities and activities including boarding of horses and
• • • • • CUP • • • • • • • • •
USE RR SF MF MFBF MH CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP domestic animals, tournaments, shows and contests (including accessory uses such as club house with food and beverage service, pro shop, tack shop, riding rings, boarding/training/show facilities, barns, parking lots, sports courts, and living accommodations for members, their guests, participants, employees and persons required for the operation and maintenance of such facilities) Grazing of cattle, horses, sheep or goats, including the supplemental feeding of such animals
P7 • • • • CUP7• • • • • • • CUP
6 • •
Raising of horses, sheep, goats, donkeys, mules and other equine cattle for personal use
A8 A8 • • • • • • • • • • • • •
Raising of horses and other equine, cattle, sheep and goats, including the breeding and training of such animals
P9 • • • • CUP9• • • • • • • CUP
6 • •
Boarding of horses as a commercial use MCUP10 • • • • • • • • • • • • • • • Raising of hogs or pigs P11 • • • • CUP11 • • • • • • • • • • Raising of poultry, fowl, birds, rabbits, fish, bees and other animals of comparable nature provided the parcel is 1 acre in size P • • • • CUP • • • • • • • CUP
6 • •
Greenhouses (noncommercial) on lots of at least 1 acre P • • • • CUP • • • • • • • CUP 6 • •
Raising of crops (field, tree, bush, berry row, nursery stock, etc.) provided no retail sale from the premises
A A • • • • • • • • • • • CUP
6 • •
Horticultural related activities • • CUP • • • • • • • • • • • • • Wildlife preserves • • • • • P • • • • • • • • • •
Book stores • • • • • • • P P P P P • • • •
Convenience stores • • • • • • • • • CUP CUP CUP • • • • Food markets • • • • • • • P P P P P • • • •
Hardware, garden supply stores • • • • • • • P P P P P • • • • Liquor stores • • • • • • • CUP CUP CUP CUP CUP • • • • Plant nurseries • • • • • • • P P P P P • • • •
Pharmacies • • • • • • • P P P P P • • • •
Stationery supplies • • • • • • • P P P P P • • • •
533
MALIBU MUNICIPAL CODE TITLE 17 ZONING
17 Attachment 1:3 Supp 0, Xxx 20xx
Retail sales of recreational equipment and clothing, souvenirs, and similar uses • • • • • • • • P P P P • • • • Bakeries (no on-site seating) • • • • • • • P P P P P • • • • Barber shops, beauty salons • • • • • • • P P P P P • • • • Laundry, dry cleaners • • • • • • • P P P P P • • • •
Miscellaneous services including travel agencies, photocopy services, photographic processing and supplies, mailing services, appliance repair, and similar uses
• • • • • • • P P P P P • • • •
Banks, financial institutions • • • • • • • P P P P P • • • • Health care facilities • • • • • • • • CUP CUP CUP CUP • CUP • • Medical, dental, and physical therapy offices • • • • • • • • P P P P • • • • Professional offices • • • • • • • P P P P P • • • •
Veterinary hospital • • • • • • • CUP CUP CUP CUP CUP • • • • Bars • • • • • • • • CUP CUP CUP CUP • • • •
Professional offices • • • • • • • P P P P P • • • •
Live entertainment • • • • • • • • CUP CUP CUP CUP • • • • Movie theaters • • • • • • • • • • • CUP • • • •
Refreshment stands, ice cream stands, and other fixed location outdoor food vending stands
• • • • • • • • • CUP CUP CUP • • • •
USE RR SF MF MFBF MH CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Restaurants • • • • • • • CUP12 CUP13 CUP13 CUP13 CUP13 • • • • Vehicle washing/detailing • • • • • • • CUP14 CUP14 CUP • • • • Service stations (without convenience market) • • • • • • • • CUP CUP CUP CUP • • • • Towing and automobile storage • • • • • • • • • • • CUP • CUP • • Community stage theaters CUP15 • • • • • • • • • • • • • • • Cultural and artistic uses (such as museums, galleries, performing arts venues) • • • • • CUP • CUP CUP CUP CUP CUP • • • • Dance studios • • • • • • • P P P P P • • • •
Emergency Shelters • • • • • • • • • • • P • P • •
Health clubs • • • • • • • P P P P P • • • •
Hotels • • • • • • • • • • CUP • • • • •
Motels and bed and breakfast inns • • • • • • • • • CUP • • • • • • Parks and playgrounds • • CUP CUP • • • CUP CUP CUP CUP CUP • • • • Public parks, beaches, and playgrounds • • • • • • • • • • • • P P • • Recreation facilities (swimming pools, sandboxes, slides, swings, lawn bowling, volleyball courts, tennis courts and similar uses)
• • • • • P • • • • • • • P
16 / CUP • •
Recreational facilities (private) whose members receive membership through deeded rights, property rights, or membership
• • • • • • • • • • • • • • P •
534
Recreation facilities (neighborhood - for use by surrounding residents and operated by a non-profit corporation or neighborhood association for noncommercial purposes)
• • CUP CUP • • • CUP CUP CUP CUP CUP • • • •
Recreation facilities (neighborhood - for use by surrounding residents) • CUP • • • • • • • • • • • • • • Recreational facilities such as equestrian training and boarding facilities tennis and swim clubs and golf driving ranges
• • • • • • • • CUP CUP CUP CUP • • • •
Recreational vehicle parks • • • • CUP • • • • • • • • • • P Sports courts (lighted) CUP CUP CUP CUP • • • CUP CUP CUP CUP CUP • • • • Sports fields (lighted) • • • • • • • • • • • • • CUP
17 • •
Charitable, philanthropic activities and educational (non-profit) activities • • • • • • • P18 P18 P18 P18 P18 • CUP • • Churches, temples, and other places of worship • • CUP • • • • CUP CUP CUP CUP CUP • CUP • • Community centers • • • • • • • • • • • • • CUP • •
Day care facilities, nursery schools CUP CUP CUP • • • • CUP CUP CUP CUP CUP • CUP • • Educational institutions (public or private) • • • • • • • • CUP19 • • • • CUP • • Emergency communication and service facilities • CUP CUP CUP CUP CUP • CUP CUP CUP CUP CUP CUP CUP CUP CUP Communication Facilities • • • • • • • • • • • CUP • • • • Farmers' markets operated by a nonprofit charitable organization • • • • • • • • • • • • • CUP • • Helipad sites CUP20 • • • • • • • • • • • • CUP
21 • •
Government facilities, including police and fire stations • • CUP • • • • P P P P P • P • • Libraries, museums • • • • • • • • • • • • • CUP • •
Maintenance yards • • • • • • • • • • • • • CUP • •
Public utility facilities CUP CUP CUP CUP • • • CUP CUP CUP CUP CUP CUP22 CUP • • Research institutions • • • • • • • • • • • CUP • • • • Residential care facilities for the elderly • • • • • • • • CUP CUP CUP CUP • CUP 23 • •
Wastewater storage and hauling • • • • • • • • • • CUP24 CUP • • • • Wireless telecommunications antennae and facilities subject to Ch. 17.46 SPR/CUP25 • • • • SPR • SPR SPR SPR SPR SPR SPR/CUP25 SPR SPR SPR/CUP 25 Construction services (neighborhood-serving) • • • • • • • • CUP • • CUP • • • • USE RR SF MF MFBF MH CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Manufacturing, processing, or treatment of products • • • • • • • • • • • CUP • • • • Masonry supplies • • • • • • • • • • • P • • • •
Sculptural and metal art activities • • • • • • • • • • • P • • • • Research and development, testing facilities • • • • • • • • • • • CUP • • • • Self-storage • • • • • • • CUP26 CUP26 CUP26 CUP26 CUP26 • • • • Wholesale, storage, and distribution • • • • • • • • • • • CUP • • • • Light industrial uses • • • • • • • • • • • CUP • • • • 535
MALIBU MUNICIPAL CODE TITLE 17 ZONING
17 Attachment 1:5 Supp 0, Xxx 20xx
Uses permitted by right that operate between the hours of 11:00 p.m. to 7:00 a.m. • • • • • • • MCUP P P P P • • • • Medical marijuana and/or retailer-storefront facilities • • • • • • • CUP27 CUP27 CUP27 CUP27 CUP27 • • • • New or the expansion over 500 sf of multifamily residential use including duplexes, condominiums, stock cooperatives, apartments and other similar developments
• • • CUP • • • • • • • • • • • •
Expansion up to 500 sf of existing buildings provided the expansion conforms to Ch. 17.40
• • • P • • • P P P P P • • P P
Any use permitted in § 17.26.020 in an existing commercial structure • • • • • • • MCUP MCUP MCUP MCUP MCUP • • • • Any permitted use involving new construction or expansion over 500 sf • • • • • • • CUP38 CUP38 CUP CUP CUP • • • CUP Routine maintenance of natural open space areas and existing facilities, provided no construction or grading activity occurs
• • • • • P • • • 1`• • • • • • •
Any proposed grading or construction related to proposed uses • • • • • CUP • • • • • • • • • • Temporary real estate and construction signs with new development activity • • • • • • • P P P P P • • • • Other uses determined by the planning director to be of a similar nature to permitted uses
• • • • • • • P P P P P • • • •
Mixed use (commercial and residential) • • • • • • • • • • • CUP • • • • Notes:

1. One single-family residence in conjunction with an institutional use and consistent with the provisions of Chapter 17.08.

2. Includes the expansion of over 500 sq. ft. of existing multiple family structures.

3. Barns and corrals not allowed.

4. Subject to Home Occupation Standards Section 17.40.040(A)(19).

5. Public and private hiking trails in CR and I zones and private hiking trails in RR, SF, and MF zones.

6. Accessory uses when part of an educational or non-profit (non-commercial) use.

7. Subject to Section 17.08.020 (D)(2) for RR zone and Section 17.18.030(B)(2) for CR zone.

8. Subject to Section 17.08.020 (C)(5)for RR zone and Section 17.10.020(C)(5) for SF zone.

9. Subject to Section 17.08.020 (D)(1) for RR zone and Section 17.18.030(B)(1) for CR zone.

10. Subject to Section 17.08.030 (B), except that the minimum area required shall be 5 acres.

11. Subject to Section 17.08.020(D)(4) for RR zone and Section 17.18.030(B)(5) for CR zone.

12. Maximum interior occupancy of 125 persons.

13. If exceeding interior occupancy of 125 persons.

14. By hand only.

15. Subject to Section 17.08.040(F).

16. Subject to provisions of Section 17.34.030 when a facility is located within a side or rear yard adjacent to a residentially-zoned parcel.

17. 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).
(Ord. 449 § 8, 2019; Ord. 431 § 4, 2018)

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

19. Subject to Section 17.26.030(A)(1).

20. Subject to Section 17.08.040(C).

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

22. 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.

23. Residential care facilities for the elderly are limited to operation by a non-profit only. 536

24. 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.

25. CUP required unless located in public right-of-way.

26. Subject to Section 17.22.040(N).

27. Subject to Section 17.66.120.

28. 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.

29. Transitional and supportive housing is permitted in the same manner as a multifamily residential use and is subject to all the restrictions that apply to multifamily residential uses.

30. Multifamily development associated with an affordable housing development project is permitted by right.

31. Multifamily 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 APN 4458-022-908 only), in compliance with Section 3.4.5 of the LIP.

32. Employee housing for 6 or fewer persons 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.

33. Allowed pursuant to Section 17.40.120(C).

34. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District, and pursuant to Section 17.140.120(B).

35. Transitional and supportive housing is permitted in the same manner as a multifamily residential use and is subject to all the restrictions that apply to multifamily residential uses. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

36. By-right permanent supportive housing is permitted pursuant to Section 17.40.120(C). Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

37. Allowed pursuant to Section 17.140.120(B).

38. Unless the use is an emergency shelter, low barrier navigation center, or by-right supportive housing, each of which is allowed by right pursuant to Section 17.140.120.
537

LOCAL IMPLEMENTATION PLAN
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 • Not permitted (Prohibited)
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP

RESIDENTIAL
Single-family residential17 P P P P • • • • • • • • • • • • Manufactured homes P P P P • • • • • • • • • • • •
Multifamily residential
(including duplexes,
condominiums, stock
cooperatives, apartments, and
similar developments18) – new
or the expansion of over 500 sf
of multifamily residential use
• •
CUP
19 CUP19
• • • •
P20
• • • • • • •
Second units A1 A1 A1 A1 • • • • • • • • • • • •
Mobile home parks • • • • P • • • • • • • • • • •
Mobile home park accessory
uses (including recreation
facilities, meeting rooms,
management offices,
storage/maintenance buildings,
and other similar uses)
• • • • CUP • • • • • • • • • • •
538
Mobile home as residence
during construction

PPP MCUP
•••••••••••
•
USE RR SF MF MFBF MHR CR BPO CN CC CV1 CV2 CG OSI PRF RVP Accessory uses (guest units,
garages, barns, pool houses,
pools, spas, gazebos, storage
sheds, greenhouses
(noncommercial), sports courts
(non-illuminated), corrals
(noncommercial), and similar
uses)
A1A1A1A1
•••••••••••
•
Employee housing for 6 or
fewer persons
P
21 P
21 P
21 P
21 ••••••••••••
Residential care facilities
(serving 6 or fewer persons)
PPP•••••••••••••
Large residential care facilities
(serving 7 or more persons)
••••••••••• CUP••••
Small residential care facilities
(serving 6 or fewer less
persons)
PPPP••••••••••••
Single Room Occupancy
Facility
•••••••••••P••••
Supportive housing
P
17 P
17 P
18 P
18 ••••P
24 ••P
18 •P
18 ••
Supportive housing, by-right
••P
22 P
22 ••••P
25 ••P
22 ••••
Transitional housing
P
17 P
17 P
18 P
18 ••••P
24 ••P
18 •P
18 ••
Low barrier navigation center
•••••••
•
P
23 ••
P
26 ••••
Small family day care (serving
6 or fewer persons)
AAA•••••••••••••
539

LOCAL IMPLEMENTATION PLAN
Large family day care (serving
7 to 12 persons) LFDC LFDC LFDC • • • • • • • • • • • • • Home occupations
P/
MCUP2
P/
MCUP2
P/
MCUP2
P/
MCUP2 • • • • • • • • • • • •

AGRICULTURAL/ANIMAL-RELATED
Agricultural employee housing,
as an accessory use, animal
related
A • • • • CUP • • • • • • • • • •
Agricultural employee housing,
as an accessory use crop related A A CUP • • • • • • • • • • • • • Domestic animals kept as pets
or for personal use A A A A A • • • • • • • • • • •
Equestrian and hiking trails
(public and private) P P P P P P P P P P P P P P P P
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Equestrian riding and training
facilities and activities
including boarding of horses
and domestic animals,
tournaments, shows and
contests (including accessory
uses such as club house with
food and beverage service, pro
shop, tack shop, riding rings,
boarding/training/show
facilities, barns, parking lots,
sports courts, and living
accommodations for members,
their guests, participants,
employees and persons required
for the operation and
maintenance of such facilities)
• • • • • CUP • • CUP • • CUP • • • •
540
Grazing of cattle, horses, sheep
or goats, including the
supplemental feeding of such
animals, provided 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
P3 • • • • CUP3• • • • • • • CUP13 • •
Raising of horses and other
equine, cattle, sheep and goats,
including the breeding and
training of such animals
P A • • • CUP • • • • • • • CUP13 • •
Boarding of horses as a
commercial use MCUP3
• • • • • • • • • • • • • • •
Raising of hogs or pigs P • • • • CUP • • • • • • • CUP13 • •
Raising of poultry, fowl, birds,
rabbits, fish, bees and other
animals of comparable nature
P • • • • CUP • • • • • • • CUP13 • •
Greenhouses P • CUP • • CUP • • • • • • • CUP13
• •
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Raising of crops (field, tree,
bush, berry row, nursery stock,
etc.) provided no retail sale
from the premises
A A CUP • • • • • • • • • • CUP13 • •
Wildlife preserves • • • • • P • • • • •• P • • •

RETAIL USES
Book stores • • • • • • • P P P P P • • • •
Convenience stores • • • • • • • • • CUP CUP CUP • • • • Food markets • • • • • • • P P P P P • • • •
Hardware, garden supply stores • • • • • • • P P P P P • • • • 541

LOCAL IMPLEMENTATION PLAN
Liquor stores • • • • • • • CUP CUP CUP CUP CUP • • • • Plant nurseries • • • • • • • P P P P P • • • •
Prescription pharmacies • • • • • • A P P P P P • • • • Stationary supplies • • • • • •• P P P P P • • • •
Visitor-oriented goods such as
recreational equipment and
clothing, souvenirs, local
arts/crafts, and similar uses
• • • • • •
•
MCUP • P P • • • •
•

GENERAL SERVICES
Bakeries (no on-site seating) • • • • • •• P P P4 P4 P • • • • Barber shops, beauty salons • • • • • •• P P P4 P4 P • • • • Laundry, dry cleaners • • • • • •• P P P4 P4 P • • • •
Miscellaneous services
including travel agencies,
photocopy services,
photographic processing and
supplies, mailing services,
appliance repair, and similar
uses
• • • • • • • P P P4 P4 P • • • •

OFFICE/HEALTH USES
Banks, financial institutions • • • • • • • P P P4 P4 P • • • • Health care facilities • • • • • • • CUP CUP4 CUP4 CUP • CUP • • USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Medical, dental, physical
therapy, and veterinary clinics
and offices
• • • • • • P P5 P5 P4,5 P4,5 P5 • • • •
Professional offices • • • • • • P P P P P P • • • •

DINING, DRINKING, AND ENTERTAINMENT
Amphitheatre • • • • • • • •• P P • • • •
542
Bars • • • • • • • • CUP CUP CUP CUP • • • •
Live entertainment • • • • • • • • CUP CUP CUP CUP • • • • Movie theaters • • • • • • • •• CUP CUP CUP • • • •
Refreshment stands, ice cream
stands, and other fixed location
outdoor food vending stands
• • • • • • • • • CUP CUP CUP • • • •
Restaurants • • • • • •• CUP6 CUP7 CUP7 CUP7 CUP7
• • • •

AUTOMOTIVE RELATED USES
Vehicle washing/detailing • • • • • •• CUP8 CUP8
• • CUP • • • •
Service stations (without
convenience market) • • • • • ••
• • • • • •
•
• •
Towing and automobile storage • • • • • • • • • • • CUP • CUP • •

RECREATION AND LEISURE
Camping • • • • • P • • • • •• P • • •
Guest Cabins • • • • • P • • • • • • • • • •
Community stage theaters CUP • • • •• • • • • • • • • • • Cultural and artistic uses (such
as museums, galleries,
performing arts venues)
• • • • • CUP • CUP CUP CUP CUP CUP • • • •
Dance studios • • • •• •• P P P P P • • • •
Golf driving ranges • • • • • • • • CUP CUP CUP CUP • • P • Health clubs • • • • • • • P P P P P • • P •
Hotels • • • • • • • • • • CUP • • • ••
Motels, bed and breakfast inns • • • • • • • • • CUP CUP • • • • • Parks, beaches, and
playgrounds CUP CUP CUP CUP • P • CUP CUP CUP CUP CUP P CUP P • 543

LOCAL IMPLEMENTATION PLAN
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Public Beach Accessway P P P P P • • P P P P P P • • •
Recreation facilities (swimming
pools, sandboxes, slides,
swings, lawn bowling,
volleyball courts, tennis courts
and similar uses)
• • • • • A • • CUP CUP9 CUP9 CUP P P14 P •
•
Recreation facilities
(neighborhood - for use by
surrounding residents and
operated by a non-profit
corporation or neighborhood
association for non-commercial
purposes)
• • CUP CUP • • • CUP CUP • • CUP • • • •
Recreational vehicle parks • • • • CUP • • • • • • • • •• P Sports courts (lighted) • • • • • • • CUP CUP CUP9 CUP9 CUP • • • • Sports fields (lighted) • • • • • • • • • • • • • CUP11 • •

PUBLIC, QUASI-PUBLIC, OR NON-PROFIT USES
Charitable, philanthropic
activities • • • • • • • P10 P10 P10 P10 P10 • CUP • •
Churches, temples, and other
places of worship • • CUP • • • • CUP CUP CUP CUP CUP • CUP • • Community centers • • • • • • • • • • • • • CUP • •
Day care facilities, nursery
schools CUP CUP CUP • • • • CUP CUP CUP CUP CUP • • • • Educational (non-profit)
activities • • • • • • • P P P P P P CUP • •
Educational institutions (public
or private) • • • • • • • • • • • • • CUP • •
Emergency communication and
service facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP4 CUP4 CUP CUP CUP CUP CUP 544
Emergency Shelters • • • • • • • • • • • P • P • •
Farmers' markets operated by a
nonprofit charitable
organization
• • • • • • • • • • • • • CUP • •
Helipad sites CUP • • • • • • P P P P • • CUP12
• •
USE RR SF MF MFBF MHR CR BPO CN CC CV-1 CV-2 CG OS I PRF RVP Government facilities,
including police and fire
stations
• • CUP • • • • P P P4 P4 P • P • •
Libraries, museums • • • • • • • • • • • • • CUP • •
Maintenance yards • • • • • • • • • • • • • CUP • •
Public utility facilities CUP CUP CUP CUP • • • CUP CUP CUP4 CUP4 CUP CUP15 CUP • • Research institutions • • • • • • • • • • • CUP • • • • Residential care facilities for
the elderly • • • • • • • • CUP CUP CUP4 CUP4
• CUP13 • •
Wastewater storage and hauling • • • • • • • • • • CUP16 CUP • • • • Wireless telecommunications
antennae and facilities WTF • • • • WTF WTF WTF WTF WTF WTF WTF WTF WTF WTF WTF

CONSTRUCTION/LIGHT INDUSTRIAL USES
Construction services
(neighborhood-serving) • • • • • • • • CUP • • CUP • • • • Manufacturing, processing, or
treatment of products • • • • • • • • • • • CUP • • • • Masonry and building supplies • • • • • • • • • • • P • • • • Metal welding • • • • • • • • • • • P • • • •
Research and development,
testing facilities • • • • • • • • • • • CUP • • • •
Self-storage • • • • • • • CUP CUP • • CUP • • • •
545

LOCAL IMPLEMENTATION PLAN
Wholesale, storage, and
distribution • • • • • • • • • • • CUP • • • •

OTHER USES
Uses permitted by right that
operate between the hours of
11:00 p.m. to 7:00 a.m.
• • • • • • MCUP MCUP • • • • • • • •
Mixed use (commercial and
residential) • • • • • • • • • • • CUP • • • •
Notes:

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

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

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. 546

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 4458-022-908 only), in compliance with Section 3.4.5.

21. Employee housing for 6 or fewer persons 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.

22. Subject to Section 3.11.5.

23. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

24. 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. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District.

25. Allowed only on APN 4458-022-908 in the Affordable Housing Overlay (AHO) District, and subject to Section 3.11.5.

26. Allowed pursuant to Section 3.11.5.
547
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, September 23, 2024, 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.

HOUSING ELEMENT
GENERAL PLAN AMENDMENT NO. 20-001, LOCAL COASTAL PROGRAM AMENDMENT NO. 24-001, AND ZONING TEXT AMENDMENT NO. 24-002 - The proposed project involves a General Plan Amendment to adopt the 2021-2029 Housing Element Sixth Cycle update. The Housing Element includes an analysis of the community’s housing needs, opportunities and constraints, as well as policies and programs to facilitate the construction, rehabilitation, and preservation of housing for all economic segments of the community. The proposed project includes corresponding amendments to the Local Coastal Program and Malibu Municipal Code including amendments to the following sections: definitions, permitted uses, residential development standards, density bonus, Affordable Housing Overlay, development standards for special uses, parking standards and reasonable accommodation.

APPLICANT: City of Malibu
LOCATION: Citywide
APPLICATION FILED: November 15, 2021
CASE PLANNER: Tyler Eaton, Senior Planner, [email protected] (310) 456-2489, ext. 273
California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(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. Therefore, because the Housing Element would involve adoption of a policy document which does not, in and of itself, include any proposed development, and would not require rezoning or facilitate development beyond what is currently allowed in the City’s General Plan, it can therefore be seen with certainty that there is no possibility that the adoption of the 2021-2029 Housing Element update would have a significant effect on the environment.

A written staff report will be available at or before the hearing for the projects. 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 on the City’s website at malibucity.org/housingelement and at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

MAUREEN TAMURI, Interim Planning Director Date: August 29, 2024 Attachment 7
548

Page 1 of 3 ends

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: September 19, 2024 Meeting date: September 23, 2024 Subject: Support for Santa Monica-Malibu Unified School District (SMMUSD) General Obligation Bond Measure MM on the November 5, 2024 Ballot RECOMMENDED ACTION: Approve Resolution 24-50 in Support of Santa MonicaMalibu Unified School District (SMMUSD) General Obligation Bond Measure MM.

FISCAL IMPACT: There is no impact on the City’s General Fund. Measure MM will be funded through property taxes levied on property owners within SFID #2 (Malibu). These taxes are based on the assessed value of each property as determined by the tax collector.

Measure MM includes strict accountability measures to ensure that funds are spent only on approved capital projects.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: This staff report presents information regarding the Santa Monica-Malibu Unified School District (SMMUSD) Measure MM, a proposed $395 million general obligation bond for capital improvements to Malibu public schools. The City Council is asked to consider adopting a resolution in support of Measure MM, which will appear on the November 5, 2024, ballot.

Background
The Santa Monica-Malibu Unified School District is divided into two School Facility Improvement Districts (SFID) as of 2018. SFID #1 covers Santa Monica, and SFID #2 covers Malibu and adjacent unincorporated areas. Measure MM applies to SFID #2 (Malibu) only, and proposes funding improvements to Malibu schools.

City Council Meeting
09-23-24
Item

6.A.

Page 2 of 3 ends

Agenda Item # 6.A.

On July 24, 2024, the SMMUSD Board of Education voted to place Measure MM on the upcoming ballot. The bond will provide funding for the repair, modernization, and construction of school facilities in Malibu, addressing both current needs and future requirements as outlined in the district’s long-term facilities plan. The bond requires 55% voter approval.

Measure MM Details
Measure MM proposes the issuance of $395 million in general obligation bonds. These funds will be used exclusively for capital improvements at Malibu schools. Measure MM follows the guidelines of Proposition 39, which includes specific accountability requirements such as annual performance and financial audits and oversight by the Bond Oversight Committee. The bond cannot be used for general fund expenses, salaries, or operating costs.

Key Project Areas Funded by Measure MM
The bond will support the following priority areas:
• School Safety and Security Upgrades: Improvements to safety infrastructure, including security systems and physical site upgrades.
• Repairing, Upgrading, and Replacing Aging School Facilities: Includes roof replacements, mechanical, electrical, and plumbing system updates. • Technology and Science Modernization Projects: Upgrades to classrooms, labs, and school networks to meet modern educational needs.
• Renovation of Physical Education and Athletic Facilities: Construction and upgrades to gymnasiums, athletic fields, and related facilities. • Facilities to Support a Potential Malibu Unified School District: Includes construction of temporary district offices and support structures.

Malibu Campus Plan
The Malibu Campus Plan outlines a phased approach to modernizing and separating Malibu Middle and Malibu High School. Key phases of the project include:
• Phase 1 (Underway): Construction of the new Malibu High School main building, funded by Measure M, expected completion by January 2026. • Phase 2: Construction of a new Middle School building, gymnasium, and aquatics center, scheduled to begin June 2026.
• Phase 3: Modernization of the high school gymnasium, construction of a new performing arts center, and site improvements.

Webster and Malibu Elementary Schools will also undergo facility upgrades, including roof replacements, safety improvements, and technology infrastructure upgrades.

Page 3 of 3 ends

Agenda Item # 6.A.

ALTERNATIVES:

1. No Action

2. Support If Amended

3. Oppose
ATTACHMENTS: Resolution No. 24-50
RESOLUTION NO. 24 - 50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU IN

SUPPORT OF SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT
(SMMUSD) MEASURE MM, A GENERAL OBLIGATION BOND MEASURE
ON THE NOVEMBER 5, 2024 BALLOT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. WHEREAS, the Santa Monica-Malibu Unified School District (SMMUSD) is committed to maintaining and improving the quality of education and school facilities for students in the Santa Monica-Malibu community; and
B. WHEREAS, the SMMUSD Board of Education voted on July 24, 2024, to place Measure MM, a $395 million general obligation bond, on the November 5, 2024 ballot for voter approval in SFID #2 (Malibu); and
C. WHEREAS, Measure MM will fund critical improvements to Malibu school facilities, including but not limited to school safety upgrades, modernization of technology and science labs, replacement of aging infrastructure, and renovation of physical education and athletic facilities; and
D. WHEREAS, the bond will also support the ongoing implementation of the Malibu Campus Plan, including the construction of a new middle school building, gymnasium, pool, performing arts center, and associated site work; and
E. WHEREAS, Measure MM will provide necessary capital improvements to Malibu Elementary and Webster Elementary Schools, addressing facility needs such as leaking roofs, outdated mechanical systems, safety enhancements, and technology upgrades; and F. WHEREAS, Measure MM will ensure that students in Malibu have access to safe, well-maintained, and modernized school facilities that support a high-quality education and will assist in laying the foundation for a potential Malibu Unified School District.

SECTION 2.

A. The above recitals are true and correct and are incorporated herein by this reference.

B. The City Council of the City of Malibu hereby declares its support for Measure MM on the November 5, 2024, ballot, recognizing the importance of providing high-quality educational environments for Malibu students.

C. The City Council authorizes the Mayor to take all necessary steps to communicate the City’s endorsement of Measure MM to the public.

Resolution No. 24 - 50

Page 2 of 2 ends

_____________________
SECTION 3. 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 23rd day of September 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Malibu City CouncilSeptember 23, 2024

Malibu City Council
September 23, 2024