Malibu City Council
May 20, 2026

and meets the City’s residential development policies of the LCP and MMC. Therefore, the proposed project, as designed, is the least environmentally damaging alternative.

Finding 4. The project is not located in or adjacent to an environmentally sensitive habitat area (ESHA) pursuant to Chapter 4 of the Malibu LIP (ESHA Overlay).

The subject property is not in a designated ESHA or ESHA buffer, as shown on the LCP ESHA and Marine Resources Map. Therefore, Environmental Review Board review was not required, and this finding does not apply.

B. Minor Modification for a Reduced Front Yard Setback (LIP Section 13.27.) Pursuant to LIP Section 13.27.1(B), a minor modification may be granted for a reduction in the front yard setback by no more than 50 percent. The project proposes a 49.8 percent reduction in the required front yard setback, from the minimum required 59.4 feet to 29.6 feet. The reduced front yard setback will avoid development on slopes 4 to 1 and steeper.

According to the LUP Policy 3.35, development in the Point Dume area shall be designed to avoid encroachment on slopes of 25 percent grade (4 to 1) or steeper. LIP Section

3.6(F)(5) states that modifications to required yards/setbacks standards shall be permitted where necessary to avoid or minimize impacts to sensitive resources. The MM will enable the project to avoid the sensitive resource of slopes steeper than 4 to 1 in the Point Dume area (LUP Policy 3.35 and LIP Section 4.6.1(A). By siting the development in the easterly and flatter area of the property, the remainder of the site is retained as natural open space and provides a buffer from the residence to the PCH, a scenic road. Natural vegetation on the westerly portion of the site is also retained. The residence would be sited near neighboring residences, continuing the development pattern of houses upslope of PCH and close to Heathercliff Road. LIP Section 13.27.5(B) requires that the City make three findings in consideration and approval of a MM to reduce the required front yard setback no more than 50 percent. Based on evidence in the record, the findings in support of MM No. 20-001 are made herein.

Finding 1. The project is consistent with the policies of the Malibu LCP.

As previously discussed in Section A, Finding 1, the project, with the inclusion of the requested MM, as designed and conditioned, conforms to all applicable LCP policies and provisions. A reduction in the front yard setback is needed to avoid construction on slopes 4 to 1 and steeper. The MM will avoid impacts to steep slopes (4:1) in the Point Dume area, which are considered sensitive resources (LIP Section 4.6.1(A)).

Finding 2. The project does not adversely affect neighborhood character.

As previously stated in Section B, Finding 2, story poles were placed on the site to demonstrate the project’s potential for view impacts to the surrounding area. The project’s height and bulk will not adversely affect neighborhood character. The proposed structure 231

complies with the size, height, location, grading and residential development standards of the LCP and MMC, consistent with the RR-1 zoning designation, with the inclusion of the MM request. The building is designed stepped into the hillside. The project is compatible with other development in the adjacent area in that the neighborhood is characterized by one- and two-story residences with similar residence placement on-site and orientation parallel to PCH. Based on conformance with development standards, inclusive of the MM, and project conditions for building, driveway, and wall materials and colors, proposed site and building design characteristics, the surrounding topography, and surrounding existing development, the project is not expected to have an adverse effect on neighborhood character.

Finding 3. The proposed project complies with all applicable requirements of state and local law.

As previously stated in Section A, Finding 1, the project will comply with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals, permits, and licenses from the City of Malibu. The project has been reviewed and conditionally approved by the City Biologist, City geotechnical consultant reviewers, City Public Works Department, City Environmental Health Administrator, and the LACFD and it meets the City’s residential development policies. The proposed project will comply with their respective standards through conditions of approval. The project must also be approved by the WD29 and the City of Malibu Environmental Sustainability Department, prior to issuance of City building permits.

C. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) As determined by the City Biologist, and pursuant to the LCP ESHA and Marine Resources Map, the subject parcel does not contain ESHA. Therefore, the supplemental findings in LIP Section 4.7.6 for a use other than those conditionally permitted in the ESHA are not applicable.

D. Native Tree Protection (LIP Chapter 5)
There are no native trees on or adjacent to the subject parcel. Therefore, the findings of LIP Chapter 5 are not applicable.
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E. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual, and Hillside Resource Protection Chapter governs those CDP applications concerning any parcel of land that is located along or within any scenic area, scenic road or public viewing area, or provides views to or is visible from any scenic area, scenic road or public viewing area. As discussed previously, the proposed development would be visible from PCH, a scenic road, which borders the site on the west. The project is expected to only minimally be visible from the Zuma Ridge Trail, located across PCH and upslope of the site, approximately 800 feet away. Pursuant to LIP Section 6.4, written findings of fact, analysis and conclusions addressing scenic or visual resources must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon scenic areas from or along scenic roads and public viewing areas.

The proposed development has been analyzed for impacts listed in LIP Chapter 6 by the Planning Department, and the required findings are made as follows:

Finding 1: The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons.

As noted for Finding 3 of Section A. General Coastal Development Permit, the story poles show that the project would not adversely affect views from the PCH, a scenic road.

Additionally, the photosimulation, which is provided as Attachment 4, also demonstrates that the project would not adversely affect views from PCH. In particular, the project’s retaining walls are not directly visible from PCH. Nonetheless, the project has been conditioned so that the final design of the retaining walls includes veneers, textures and colors to blend with the surrounding earth materials and landscaping. The residence would be stepped into the hillside. The residence would be sited in the eastern area of the parcel, adjacent to neighboring residences, with much of the site retained as open space with natural vegetation. This natural area would serve as a visual buffer between the residence and PCH. Therefore, the project, as proposed and conditioned, will not have significant adverse scenic or visual impacts due to project design, location or other reasons.

Standard conditions of approval have been included for colors, materials, and lighting.

Moreover, the project is expected to be only minimally visible from the Zuma Ridge Trail, which offers wide, expansive views to the overall developed area downslope and to the ocean. The site would be visible far off to the east, beyond the immediate development downslope.
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Finding 2: The project as conditioned will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions.

As discussed for Finding 1 above, the project would not have any significant adverse scenic or visual impacts. A condition of approval has been added to ensure retaining walls are treated to blend in with the surrounding natural environment. The project has also been conditioned to include limitations on exterior lighting and colors of exterior finishes used to prevent any visual impacts to scenic areas. The project as conditioned will not have significant adverse scenic or visual impacts.

Finding 3: The project, as proposed or as conditioned, is the least environmentally damaging alternative.

As discussed in Section A, Finding 3, the proposed project is the least damaging alternative to develop the site.

Finding 4: There are no feasible alternatives to development that would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.

The project, as designed and conditioned, and as discussed in Finding 1, is not expected to adversely affect scenic and visual resources and no feasible alternatives would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.

Finding 5: Development in a specific location on the site may have adverse scenic and visual impacts but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified LCP.

As discussed for Finding 1, the project would not have any significant adverse scenic or visual impacts.

F. Transfer of Development Credit (LIP Chapter 7)
According to LIP Section 7.2, transfer of development credits only applies to land divisions and multi-family development in specified zones. The proposed project does not include a land division or multi-family development. Therefore, LIP Chapter 7 does not apply.

G. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards listed in LIP Sections 9.2.A, Items 1-7 must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined 234

that the proposed project causes the potential to create adverse impacts upon site stability or structural integrity.

The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by the Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical review consultants, WD29, and the LACFD.

The required findings are made as follows:

Finding 1. The project as proposed will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons.

The applicant submitted civil engineering plans and geotechnical and soils engineering reports and addenda prepared by Leighton and Associates, Inc. These reports are on file are on file at City Hall. The reports evaluate site-specific conditions, and recommendations are provided to address any pertinent issues. The project site is not in a liquefaction, landslide or Alquist Priolo Earthquake Zone. Groundwater is not expected to be encountered during construction. The project plans and associated technical reports have been reviewed by City geotechnical review consultants, the LACFD, the City Public Works Department, and the City Environmental Health Administrator. These specialists determined that the project, with conditions, would not result in adverse geologic or flood impacts. It has been determined that the project is not located in a hazard zone, except that the project site is located within an extreme fire hazard area.

Fire Hazard
The entire City of Malibu is designated as a Very High Fire Hazard Severity Zone, a zone defined by a more destructive behavior of fire and a greater probability of flames and embers threatening buildings. The scope of work proposed as part of this application is not expected to have an impact on wildlife hazards. The property is currently subject to wildfire, however, development of a residence and associated development on the subject property will not increase the site’s susceptibility to wildfire. The proposed development may actually decrease the site’s susceptibility to wildfire through compliance with fuel modification requirements and the use of appropriate building materials will be utilized during construction.

The City is served by the LACFD, as well as the California Department of Forestry, if needed. In the event of major fires, the County has “mutual aid agreements” with cities and counties throughout the State so that additional personnel and firefighting equipment can augment the LACFD. Conditions of approval have been included to require compliance with all LACFD development standards. As such, the proposed project, as designed, constructed, and conditioned, will not be subject to nor increase the instability of the site or structural integrity involving wildfire hazards. 235

Finding 2. The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood or fire hazards due to required project modifications, landscaping or other conditions.

As stated in Finding 1, the proposed project, as designed, conditioned and approved by the applicable departments and agencies, will not have any significant adverse impacts on the site stability or structural integrity from geologic or flood hazards due to project modifications, landscaping or other conditions.

Finding 3. The project, as proposed or as conditioned, is the least environmentally damaging alternative.

As previously stated in Section A, Finding 3, the proposed project, as designed and conditioned, is the least environmentally damaging alternative.

Finding 4. There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.

The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by the City Environmental Health Administrator, City geotechnical review consultants, the City Public Works Department and the LACFD. Any special conditions from these departments regarding site stability must be met prior to issuance of a building permit; any special conditions from the City Building Safety Department and the LACFD regarding structural integrity must be met prior to issuance of a building permit. Therefore, no feasible alternatives to the proposed development that would avoid or substantially lessen impacts on site stability or structural integrity are required nor available.

Finding 5. Development in a specific location on the site may have adverse impacts but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified Malibu LCP.

As previously discussed in Section A findings, the proposed project, as designed and conditioned, will not have adverse impacts on sensitive resources.

H. Shoreline and Bluff Development (LIP Chapter 10)
Chapter 10 of the LIP applies to land that is located on or along the shoreline, a coastal bluff or bluff top fronting the shoreline. The project site is not located on or along the shoreline, a coastal bluff or bluff top fronting the shoreline. Therefore, the findings of LIP Chapter 10 are not applicable.
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I. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the LUP or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

As described herein, the subject property and the proposed project do not meet any of these criteria in that no trails are identified on the LCP Park Lands Map on or adjacent to the property, and the property is not located between the first public road and the sea, or on a bluff, and the project does not adversely impact existing public access. The requirement for public access of LIP Section 12.4 does not apply and further findings are not required.

J. Land Division (LIP Chapter 15)
The project does not include any land division. Therefore, LIP Chapter 15 is not applicable.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Department has analyzed the proposed project. The Planning Department found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to Sections 15303(a) and (e) - New Construction or Conversion of Small Structures. The Planning Department has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

PUBLIC CORRESPONDENCE: Public comments have expressed concerns regarding view obstruction, steep slopes, setbacks from property lines, stormwater drainage, slope stability, access easements, ridgelines, scenic resources, hillside classification, sensitive biological species, and lot legality. A discussion of these items is provided above under “Project Overview.” Written public comments on the project are included as Attachment 8. 237

PUBLIC NOTICE: Staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 500-foot radius of the subject property on September 26, 2024 (Attachment 7).

SUMMARY: The required findings can be made that the project complies with the LCP and MMC. Furthermore, the Planning Department’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommends approval of this project, subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 24-64. The project has been reviewed and conditionally approved for conformance with the LCP by Planning Department staff and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 24-64

2. Project Plans

3. Department Review Sheets

4. Photosimulation of Project

5. LCP Interpretation No. 16

6. Story Pole Photos

7. Public Hearing Notice

8. Public Correspondence
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ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 24-64

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 20-003 TO
CONSTRUCT A NEW 4,050 SQUARE-FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 390 SQUARE-FOOT GARAGE,

SWIMMING POOL, LANDSCAPING, HARDSCAPE, RETAINING WALLS,

GRADING, AND INSTALLATION OF A NEW ONSITE WASTEWATER
TREATMENT SYSTEM, INCLUDING MINOR MODIFICATION NO. 20-001 FOR UP TO A 50 PERCENT REDUCTION IN THE FRONT YARD SETBACK,

LOCATED IN THE RURAL RESIDENTIAL-ONE ACRE ZONING DISTRICT AT 29329 HEATHERCLIFF ROAD (ACS INTERNATIONAL, LLC)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On January 9, 2020, an application for Coastal Development Permit (CDP) No. 20- 003 to allow for a new single-family residence and associated development was submitted to the Planning Department by ACS International, LLC. The application was routed to the City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29), and Los Angeles County Fire Department (LACFD) for review.

B. On September 29, 2022, a Notice of Coastal Development Permit Application was posted on the subject property.

C. On December 14, 2023, the application was deemed complete for processing.

D. On March 15, 2024, Planning Department staff determined the application qualified to be processed administratively pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 13.13.1.

E. On May 24, 2024, the Planning Director approved Administrative Coastal Development Permit (ACDP) No. 20-003, inclusive of Minor Modification (MM) No. 20-001.

After considering public comments received by the Planning Director on the ACDP and prior to reporting the item to Planning Commission, the applicant requested that the application be processed as a regular CDP.

F. On September 26, 2024, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

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G. On October 7, 2024, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to Section 15303(a) and (e) – New Construction or Conversion of Small Structures. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on evidence contained within the record and pursuant to the LCP LIP, including Sections

13.7(B) and 13.9, the Planning Commission adopts the findings of fact, and approves CDP No. 20-003 for construction of a new 4,050 square-foot, split-level, 18-foot tall, two-story singlefamily residence with an attached 390 square-foot garage, a swimming pool, landscaping, hardscape, retaining walls, grading, and installation of a new onsite wastewater treatment system (OWTS), including MM No. 20-001 for up to a 50 percent reduction of the front yard setback, located in the Rural Residential–One Acre (RR-1) zoning district at 29329 Heathercliff Road.

The project, as conditioned, is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment system standards requirements. With the inclusion of the proposed MM, the project has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project is located in the RR-1 residential zoning district, an area designated for residential uses, including single-family residences. The project has been reviewed for conformance with the LCP by the Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical staff, WD29, and the LACFD.

As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as conditioned, conforms to the LCP in that it meets all applicable residential development standards, including the size, height, and location requirements of the LCP, inclusive of the requested MM.

2. Evidence in the record, including detailed alternatives analysis provided in the agenda report, demonstrates that as conditioned, the project meets the development policies of the LCP, does not result in adverse impacts on coastal resources and has been determined to be the least environmentally damaging feasible alternative.

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Resolution No. 24-64

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B. Minor Modification Findings for Front Yard Setback (LIP Section 13.27)

1. The project proposes a 49.8 percent reduction in the required front yard setback, from the minimum required 59.4 feet to 29.6 feet. The reduced front yard setback will avoid development on slopes 4 to 1 and steeper, considered sensitive resources. By siting the development in the easterly and flatter area of the property, the remainder of the site is retained as natural open space and provides a buffer from the residence to the Pacific Coast Highway (PCH), a scenic road. Natural vegetation on the westerly portion of the site is also retained. The residence would be sited near neighboring residences, continuing the development pattern of houses upslope of PCH and close to Heathercliff Road.

2. The project’s height and bulk will not adversely affect neighborhood character. The proposed structure complies with the size, height, location, grading and residential development standards of the LCP and Malibu Municipal Code (MMC), consistent with the RR-1 zoning designation, with the inclusion of the MM request. The project is compatible with other development in the adjacent area in that the neighborhood is characterized by one- and two-story residences with similar residence placement near or at the top of the hillside and orientation parallel to PCH. Based on conformance with development standards, inclusive of the MM, project conditions for building, driveway, wall materials and colors, the particular proposed site and building design characteristics, the surrounding topography, and surrounding existing development, the project is not expected to have an adverse effect on neighborhood character.

3. The project will comply with all applicable requirements of State and local law, and is conditioned to comply with any relevant approvals, permits, and licenses from the City of Malibu, including those of the City Biologist, City geotechnical consultant reviewers, City Public Works Department, City Environmental Health Administrator, WD29 and the LACFD. The project must also be approved by the WD29 and the City of Malibu Building Safety/Environmental Sustainability Department prior to issuance of City building permits.

C. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6)

1. The residential structure will not adversely affect views from PCH, a scenic road.

The project meets the required development standards of the MMC and LIP, including size, height and location, inclusive of the MM for front yard setback. The residential structure will be located on the flatter portion of the site, upslope from PCH, and adjacent to other residences along Heathercliff Road, leaving the southern portion of the site along the scenic road as open space with natural habitat and serving as a visual buffer from the development. The residential structure is expected to be only minimally visible from the Zuma Ridge Trail located across PCH and upslope from the project site. The residence will be stepped into the hillside. The project’s retaining walls are not directly visible from PCH. Nonetheless, the project has been conditioned so that the final design of the retaining walls includes veneers, textures and colors to blend with the surrounding earth materials and landscaping. Standard conditions of approval have been included for building and pavement colors, materials, and lighting. Therefore, the project, as proposed and conditioned, will not have significant adverse scenic or visual impacts upon scenic roads and public viewing areas.

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2. The project, as designed and conditioned, will not adversely affect scenic and visual resources and no feasible alternatives will avoid or substantially lessen significant adverse impacts on scenic and visual resources. The structures will be sited on the flatter portion of the site furthest from the PCH, leaving most of the site and natural scrub vegetation preserved as a buffer between the development and the PCH. A condition of approval has been added to ensure retaining walls are treated to blend in with the surrounding natural environment. The project has also been conditioned to include limitations on exterior lighting and colors of exterior finishes used to prevent any visual impacts to scenic areas. Shifting the proposed structure westerly on the site and downhill toward the PCH may reduce the obstruction of views from neighbors’ properties, although it is not expected to completely remove the view obstruction. Moving the structure downslope would result in development of steep slopes (steeper than 4 to 1) that are considered sensitive resources and natural scrub vegetation, as well as place the structure nearer to PCH, which is uncharacteristic of the pattern of development in the area that is closer to the top of the hill.

D. Hazards (LIP Chapter 9)

1. The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by the Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical review consultants, WD29, and the LACFD. These specialists determined that the project, with conditions, would not result in adverse geologic or flood impacts. The project is not located in a hazard zone, except that the site is within an extreme fire hazard area, and groundwater is not expected to be encountered during construction. Any special conditions from these departments regarding site stability must be met prior to issuance of a building permit; any special conditions from the City Building Safety Department and the LACFD regarding structural integrity must be met prior to issuance of a building permit.

Therefore, no feasible alternatives to the proposed development that would avoid or substantially lessen impacts on site stability or structural integrity are required nor available.

2. The entire City of Malibu is designated as a Very High Fire Hazard Severity Zone.

The property is currently subject to wildfire, however, development of a residence and associated development on the subject property will not increase the site’s susceptibility to wildfire. The proposed development may actually decrease the site’s susceptibility to wildfire through compliance with fuel modification requirements and the use of appropriate building materials which will be utilized during construction. The City is served by the LACFD, as well as the California Department of Forestry, if needed. In the event of major fires, the County has “mutual aid agreements” with cities and counties throughout the State so that additional personnel and firefighting equipment can augment the LACFD. Conditions of approval have been included to require compliance with all LACFD development standards. As such, the proposed project, as designed, constructed, and conditioned, will not be subject to nor increase the instability of the site or structural integrity involving wildfire hazards.

3. The project site is not in a liquefaction, landslide or Alquist Priolo Earthquake Zone.

Groundwater is not expected to be encountered during construction. The project plans and DRAFT 242
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associated technical reports have been reviewed by City geotechnical review consultants, the LACFD, the City Public Works Department, and the City Environmental Health Administrator.

These specialists determined that the project, with conditions, would not result in adverse geologic or flood impacts. It has been determined that the project is not located in a hazard zone, except that the project site is located within an extreme fire hazard area.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 20-003 and MM No. 20-001, subject to the following conditions.

SECTION 5. Conditions of Approval.

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the following:
a. Construction of:
 4,050 square-foot, 18 foot-tall, two-story, single-family residence, an attached 320 square-foot roof overhang, and an attached 390 square foot garage;  5,275 square feet of impermeable surface coverage;
 Retaining walls not to exceed six feet in height;
 Swimming pool and associated pool equipment;
 Patios, decks and paving for vehicle and pedestrian access and a fire department turnaround area;
 Trellis over deck;
 OWTS; and
 6,840 square feet of landscaping.
b. Non-exempt grading of 675 cubic yards;

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition 2 and depicted on plans on file with the Planning Department date stamped August 15, 2023 and March 21, 2024. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached DRAFT 243
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hereto. In the event project plans conflict with any condition of approval, the condition shall take precedence.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 10 days of this decision and/or prior to issuance of any development permits.

5. The applicant shall digitally submit a complete set of plans to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. The CDP shall expire if the project has not commenced within three (3) years after issuance of the permit unless a time extension has been granted. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request. In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

8. All development shall conform to requirements of the City of Malibu Environmental Sustainability Department, City Biologist, City Coastal Engineer, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29 and LACFD, as applicable. Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC and the LCP. Revised plans reflecting the minor changes and additional fees shall be required.

10. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals have been exhausted.

11. The property owner must submit payment for any outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

Cultural Resources

12. In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning DRAFT 244
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Director can review this information. Thereafter, the procedures contained in LIP Chapter 11 and those in MMC Section 17.54.040(D)(4)(b) shall be followed.

13. If human bone is discovered during geologic testing or during construction, work shall immediately cease and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Lighting

14. No outdoor lighting is approved as part of this project. A lighting plan shall be submitted for City approval prior to Building Safety plan check, consistent with City standards, and the following:
 Exterior lighting must comply with the Dark Sky Ordinance and shall be minimized, shielded, or concealed and restricted to low intensity features, so that no light source is directly visible from public view. Permitted lighting shall conform to the following standards:
o Lighting for walkways shall be limited to fixtures that do not exceed two feet in height and are directed downward, and limited to 850 lumens (equivalent to a 60 watt incandescent bulb);
o Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; o Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; o Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens; o Site perimeter lighting shall be prohibited; and
o Outdoor decorative lighting for aesthetic purposes is prohibited.  Night lighting for sports courts or other private recreational facilities shall be prohibited.
 No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. Lighting levels on any nearby property from artificial light sources on the subject property(ies) shall not produce an illumination level greater than one footcandle.  Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded directed downward and inward so there is no offsite glare or lighting of natural habitat areas. High intensity lighting of the shore is prohibited.

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 String lights are allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin.
 Motion sensor lights shall be programmed to extinguish ten minutes after activation.  Three violations of the conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site.

Fencing and Walls

15. The height of walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls.

16. All necessary boundary fencing shall be of an open rail-type design with a wooden rail at the top (instead of wire), be less than 40-inches high, and have a space greater than 14-inches between the ground and the bottom post or wire. A split rail design that blends with the natural environment is preferred.

Construction/Framing

17. Prior to the commencement of work, the applicant shall submit a copy of the Construction Management Plan to the Planning Department. The Construction Management Plan shall include a dedicated parking location for construction workers and storage of construction material, not within the public right of way. Prior to permit issuance, the Construction Management Plan must be acceptable to the Planning Director, and, if applicable, to the Building Official and Public Works Director.

18. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check submittal.

19. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays.

20. Construction management techniques, including minimizing the amount of equipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary and their tires rinsed prior to leaving the property.

21. All new development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures prepared by a licensed engineer that incorporate structural and non-structural Best Management Practices (BMPs) to control the DRAFT 246
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volume, velocity and pollutant load of stormwater runoff in compliance with all requirements contained in LIP Chapter 17, including:
a. Construction shall be phased to the extent feasible and practical to limit the amount of disturbed areas present at a given time.
b. Grading activities shall be planned during the southern California dry season (April through October).
c. During construction, contractors shall be required to utilize sandbags and berms to control runoff during on-site watering and periods of rain in order to minimize surface water contamination.
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

22. When framing is complete, a site survey shall be prepared by a licensed civil engineer or architect that states the finished ground level elevation and the highest roof member elevation.

Prior to the commencement of further construction activities, said document shall be submitted to the assigned Building Inspector and Planning Department for review and sign off on framing.

23. For the transportation of heavy construction equipment and/or material, which requires the use of oversized-transport vehicles on State highways, the applicant / property owner is required to obtain a transportation permit from the California Department of Transportation.

Colors and Materials

24. The project is visible from a scenic road, therefore, shall incorporate colors and exterior materials that are compatible with the surrounding landscape. a. Acceptable colors shall be limited to colors compatible with the surrounding environment (earth tones) including shades of green, brown and gray, with no white or light shades and no bright tones. Colors shall be reviewed and approved by the Planning Director and clearly indicated on the building plans. b. The use of highly reflective materials shall be prohibited except for solar energy panels or cells, which shall be placed to minimize significant adverse impacts to public views to the maximum extent feasible.
c. All windows shall be comprised of non-glare glass.

25. All driveways shall be a neutral color that blends with the surrounding landforms and vegetation. Retaining walls shall incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape. The color of driveways and retaining walls shall be reviewed and approved by the Planning Director and clearly indicated on all grading, improvement and/or building plans.

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Fuel Modification

26. Prior to the issuance of final building permits, the project shall receive LACFD approval of a Final Fuel Modification Plan.

Site Specific Conditions

27. The project shall comply with all requirements and conditions of the LACFD.

Biology/Landscaping

28. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife.

Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.

29. Prior to installation of any landscaping, the applicant shall obtain a plumbing permit for the proposed irrigation system from the Building Safety Division.

30. Prior to final Planning inspection or other final project sign off (as applicable), the applicant shall submit to the Planning Director for review and approval a certificate of completion in accordance with the Landscape Water Conservation Ordinance (MMC Chapter 17.53). The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.

31. Invasive plant species, as determined by the City of Malibu, are prohibited.

32. Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

33. The landscape plan shall prohibit the use of building materials treated with toxic compounds such as creosote or copper arsenate.

34. No non-native plant species shall be approved greater than 50 feet from the residential structure.

35. No development is permitted on slopes steeper than 4 to 1.

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36. Prior to a final plan check approval, the property owner /applicant must provide a landscape water use approval from the Los Angeles County Waterworks District No. 29.

37. Vegetation forming a view impermeable condition serving the same function as a fence or wall (also known as a hedge) located within the side or rear yard setback shall be maintained at or below a height of six feet. A hedge located within the front yard setback shall be maintained at or below a height of 42 inches. Three violations of this condition will result in a requirement to permanently remove the vegetation from the site.

38. Vegetation in excess of six feet in height shall not obstruct the primary view of existing residences located within a 1,000-foot radius at any given time (given consideration of its future growth).

39. Plantings required for fuel modification, except for within irrigated Zone A nearest to approved residential structures, must be native, drought-tolerant species and shall blend with the existing natural vegetation and natural habitats on the site.

40. Grading shall be scheduled only during the dry season from April 1 – October 31. If it becomes necessary to conduct grading activities from November 1 – March 31, a comprehensive erosion control plan shall be submitted for approval prior to issuance of a grading permit and implemented prior to initiation of vegetation removal and/or grading activities.

41. The landscape and fuel modification plan has been conditioned to protect natural resources in accordance with the LCP. All areas shall be planted and maintained as described in the landscape and fuel modification plan. Failure to comply with the landscape conditions is a violation of the conditions of approval for this project.

42. All open areas not used for buildings, driveways, parking areas, or walkways shall be attractively landscaped and maintained in accordance with a landscape plan, with native plant species, to the satisfaction of the Planning Director.

43. Native species of the Santa Monica Mountains, characteristic of the local habitat, shall be used on graded slopes or where slope plantings are required for slope stabilization, erosion control, and watershed protection. Plants should be selected to have a variety of rooting depths. A spacing of 15 feet between large woody (≥10-foot canopy) shrubs is recommended by the LACFD. Lawns are prohibited on slopes > 5 percent.

44. Slope planting measures such as contour planting and terracing or other techniques shall be incorporated on slopes to interrupt the flow and rate of surface runoff in order to prevent surface soil erosion.

45. Grading/excavation/vegetation removal scheduled between February 1 – September 15 will require bird nesting surveys by a qualified biologist prior to initiation of such activities.

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activities. Should active nests be identified, a buffer area of no less than 150 feet (300 feet for raptors). Shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of the surveys shall be turned in to the City within two business days of completion of surveys.

46. Construction fencing shall be placed within five feet of the limits of grading. Construction fencing shall be installed prior to the beginning of any construction and shall be maintained throughout the construction period to protect the site’s sensitive habitat areas.

47. Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded so it is directed downward and inward so that there is no offsite glare or lighting of natural habitat areas. Up-lighting is prohibited.

48. The use of wood chips and shredded rubber is prohibited anywhere on the site. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between 5 and 30 feet from the eave/overhang of a structure with limited application areas. Any mulch materials (excluding wood chips and shredded rubber) are allowed 30 feet or more from a structure with no limitation on application area.

Public Works – Grading and Drainage

49. The applicant shall obtain encroachment permits from the Public Works Department prior to the commencement of any work within the public right-of-way. The driveway shall be constructed of either six inches of concrete over four inches of aggregate base, or four inches of asphalt concrete over six inches of aggregate base. The driveway shall be flush with the existing grades with no curbs.

50. A digital drawing (AutoCAD) of the project’s private storm drain system, public storm drain system within 250 feet of the property limits, and post-construction BMPs shall be submitted to the Public Works Department prior to the issuance of grading or building permits. The digital drawing shall adequately show all storm drain lines, inlets, outlets, post-construction BMPs and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

51. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development LIP Section 17.3.1 that:
• Is located within or adjacent to ESHA, or
• Includes grading on slopes greater than 4:1
• Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4:1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion DRAFT 250
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until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources.

52. Exported soil from a site shall be taken to the County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with the City’s LIP Section 8.3. A note shall be placed on the project that addresses this condition.

53. A grading and drainage plan shall be approved containing the following information prior to the issuance of grading permits for the project.
• Public Works Department General Notes
• The existing and proposed square footage of impervious coverage on the property shall be shown on the grading plan (including separate areas for buildings, driveways, walkways, parking, tennis courts and pool decks). • The limits of land to be disturbed during project development shall be delineated on the grading plan and a total area shall be shown on the plan. Areas disturbed by grading equipment beyond the limits of grading, areas disturbed for the installation of the septic system, and areas disturbed for the installation of the detention system shall be included within the area delineated. • The grading limits shall include the temporary cuts made for retaining walls, buttresses, and over excavations for fill slopes and shall be shown on the grading plan.
• If the property contains trees that are to be protected they shall be highlighted on the grading plan.
• If the property contains rare and endangered species as identified in the resources study the grading plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on the grading plan if required by the City Biologist.
• Private storm drain systems shall be shown on the grading plan. Systems greater than 12-inch diameter shall also have a plan and profile for the system included with the grading plan.
• Public storm drain modifications shown on the grading plan shall be approved by the Public Works Department prior to the issuance of the grading permit.

54. A digital drawing (AutoCAD) of the project’s private storm drain system, public storm drain system within 250 feet of the property limits, and post-construction BMPs shall be submitted to the Public Works Department prior to the issuance of grading or building permits. The digital drawing shall adequately show all storm drain lines, inlets, outlet, postconstruction BMP’s and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

55. The non-exempt grading for the project shall not exceed a total of 675 cubic yards, cut and fill.

56. The total grading yardage verification certificate shall be copied onto the coversheet of the Grading Plan. No alternative formats or substitutes will be accepted.

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Public Works – Storm Water

57. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but is not limited to:

Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
Sediment Controls
Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Management Water Conservation Practices Dewatering Operations
Waste Management
Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management
All BMPs shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

58. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval of the Public Works Director. The WQMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post development drainage on the site. The WQMP shall meet all the requirements of the City’s current Municipal Separate Stormwater Sewer System (MS4) permit. The following elements shall be included within the WQMP:
a. Site Design Best Management Practices (BMPs):
b. Source Control BMPs;
c. Treatment Control BMPs that retain on-site Stormwater Quality Design Volume (SWQDv). Or where it is technically infeasible to retain on-site, the project must biofiltrate 1.5 times the SWQDv that is not retained on-site; d. Drainage improvements;
e. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
f. Methods of onsite percolation, site re-vegetation and an analysis for off-site project impacts;
g. Measures to treat and infiltrate runoff from impervious areas; h. A copy of the WQMP shall be filed against the property to provide constructive notice to future property owners of their obligation to maintain the water quality DRAFT 252
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measure installed during construction prior to the issuance of grading or building permits; and
i. The WQMP shall be submitted to the Public Works Department and the fee applicable at the time of submittal for review of the WQMP shall be paid prior to the start of the technical review. The WQMP shall be approved prior the Public Works Department’s approval of the grading and drainage plan and/or building plans. The Public Works Department will tentatively approve the plan and will keep a copy until the completion of the project. Once the project is completed, the applicant shall verify the installation of the BMP’s, make any revisions to the WQMP, and resubmit to the Public Works Department for approval. The original signed and notarized document shall be recorded with the Office of the Los Angeles County Recorder. A certified copy of the WQMP shall be submitted to the Public Works Department prior to the issuance of the certificate of occupancy.

59. A Storm Water Management Plan (SWMP) shall be submitted for review and approval of the Public Works Director. The SWMP shall be prepared in accordance with the LIP Section 17.3.2 and all other applicable ordinances and regulations. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the pre-development and post-development drainage of the site. The SWMP shall identify the site design and source control BMPs that have been implemented in the design of the project. The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance of the grading or building permit for this project.

60. The ocean between Latigo Point and the west City limits has been established by the State Water Resources Control Board as an Area of Special Biological Significance (ASBS) as part of the California Ocean Plan. This designation prohibits the discharge of any waste, including stormwater runoff, directly into the ASBS. The applicant shall provide a drainage system that accomplishes the following:
a. Installation of BMPs that are designed to treat the potential pollutants in the stormwater runoff so that it does not alter the natural ocean water quality. These pollutants include trash, oil and grease, metals, bacteria, nutrients, pesticides, herbicides and sediment.
b. Prohibits the discharge of trash.
c. Only discharges from existing storm drain outfalls are allowed. No new outfalls will be allowed. Any proposed or new storm water discharged shall be routed to existing storm drain outfalls and shall not result in any new contribution of waste to the ASBS (i.e., no additional pollutant loading).
d. Elimination of non-storm water discharges.

Geology

61. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City geotechnical consultant reviewers shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final DRAFT 253
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plans shall be reviewed and approved by the City geotechnical consultant reviewers prior to the issuance of a grading permit.

62. Final plans approved by the City geotechnical consultant reviewers shall be in substantial conformance with the approved CDP relative to construction, grading, sewage disposal and drainage. Any substantial changes may require a CDP amendment or a new CD.

Swimming Pool/Spa/Water Feature

63. Onsite noise, including that which emanates from swimming pool and air conditioning equipment, shall be limited as described in MMC Chapter 8.24 (Noise).

64. Pool and air conditioning equipment that will be installed shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section 3.5.3(A).

65. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak of the inner wall.

66. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, algaecides, or other chemicals is prohibited. Swimming pool, spa, and decorative fountain water may be used as landscape irrigation only if the following items are met:
a. The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach into the MS4 or to the ASBS (including tributaries)

67. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

68. A sign stating “It is illegal to discharge pool, spa, or water feature waters to a street, drainage course, or storm drain per MMC Section 13.04.060(D)(5)” shall be posted in the filtration and/or pumping equipment area for the property. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

69. Pursuant to MMC Section 9.20.040(B), all ponds, decorative fountains shall require a water recirculating/recycling system.

Environmental Health/OWTS

70. OWTS on Architectural and Grading Plans: The final Architectural Site Plan (Sheet A-0.1) and Grading Plans must show the OWTS, including the treatment tank(s), present/future seepage pits, and all lines of connection to the residence.

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71. Final OWTS Plot Plan: Prior to final Environmental Health approval, a final OWTS plot plan prepared by a City Registered OWTS Designer shall be submitted showing an OWTS design meeting the minimum requirements of the MMC and the LCP, including necessary construction details, the proposed drainage plan for the developed property and the proposed landscape plan for the developed property. The OWTS plot plan shall show essential features of the OWTS and must fit onto an 11 inch by 17 inch sheet leaving a five inch margin clear to provide space for a City applied legend. If the scale of the plans is such that more space is needed to clearly show construction details and/or all necessary setbacks, larger sheets may also be provided (up to a maximum size of 18 inches by 22 inches).

72. Final OWTS Design Report, Plans, and System Specifications: A final OWTS design report and large set of construction drawings with system specifications (four sets) shall be submitted to describe the OWTS design basis and all components proposed for use in the construction of the proposed OWTS.

73. All plans and reports must be signed by a City registered OWTS Designer, and the plans stamped by the project Geologist, Coastal Engineer, and Structural Engineer as applicable.

The final OWTS design report and construction drawings shall be submitted to the City Environmental Health Administrator with the designer’s signature, professional registration number, and stamp (if applicable).

74. The final OWTS design submittal shall contain the following information (in addition to the items listed above).
a. The model and capacity of the treatment tank(s) must be discussed in the final OWTS report and clearly shown on the final OWTS plans.
b. Confirm cap depth for seepage pit at LBA-5 on OWTS plan. c. Required treatment capacity for wastewater treatment and disinfection systems.

The treatment capacity shall be specified in terms of flow rate, gallons per day, and shall be supported by calculations relating the treatment capacity to the number of bedroom equivalents, plumbing drainage fixture equivalents, and the subsurface effluent dispersal system acceptance rate. The drainage fixture unit count must be clearly identified in association with the design treatment capacity, even if the design is based on the number of bedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design. d. Sewage and effluent pump design calculations (as applicable). e. Description of proposed wastewater treatment and/or disinfection system equipment. State the proposed type of treatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package" systems; and conceptual design for custom engineered systems.
f. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate DRAFT 255
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the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day. Specifications for the subsurface effluent dispersal system shall be shown to accommodate the design hydraulic loading rate (i.e., average and peak OWTS effluent flow, reported in units of gallons per day). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units and building occupancy characteristics.
g. All OWTS design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the scale of the plan is such that more space than is available on the 11” x 17” plot plan is needed to clearly show construction details, larger sheets may also be provided (up to a maximum size of 18 inch by 22 inch, for review by Environmental Health). Note: For OWTS final designs, full-size plans are required for review by Building Safety Division and the Planning Department.

75. Building Plans: All project architectural plans and grading/drainage plans shall be submitted for Environmental Health review and approval. These plans must be approved by the Building Safety Division prior to receiving Environmental Health final approval. The final floor plans must show all bedrooms and drainage fixtures in the proposed residence.

76. Proof of Ownership: Proof of ownership of subject property shall be submitted to the City Environmental Health Administrator.

77. Operations and Maintenance Manual: An operations and maintenance manual specified by the OWTS designer shall be submitted to the property owner and maintenance provider of the proposed OWTS.

78. Maintenance Contract: A maintenance contract executed between the owner of the subject property and an entity qualified in the opinion of the City of Malibu to maintain the proposed onsite wastewater disposal system after construction shall be submitted. Note only original “wet signature” documents are acceptable.

79. Advanced OWTS Covenant: Prior to final Environmental Health approval, a covenant running with the land shall be executed between the City of Malibu and the holder of the fee simple absolute as to subject real property and recorded with the City of Malibu Recorder’s Office.

Said covenant shall serve as constructive notice to any future purchaser for value that the onsite wastewater treatment system serving the subject property is an advanced method of sewage disposal pursuant to the City of Environmental Health Administrator. The applicant shall submit a certified copy issued by the City of Malibu Recorder.

80. Project Geologist/Geotechnical Consultant Approval: Project Geologist/Geotechnical Consultant final approval of the OWTS plan shall be submitted to the Environmental Health Administrator.

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81. City of Malibu Public Works Approval: City of Malibu Public Works final approval of the OWTS plan shall be submitted to the Environmental Health Administrator.

82. City of Malibu Geologist/Geotechnical Approval: City of Malibu consulting geotechnical reviewers' final approval of the OWTS plan shall be submitted to the Environmental Health Administrator.

83. City of Malibu Planning Approval: City of Malibu Planning Department final approval of the OWTS plan shall be obtained.

84. Environmental Health Final Review Fee: A final fee in accordance with the adopted fee schedule at the time of the final approval shall be paid to the City of Malibu for Environmental Health review of the OWTS design and system specifications.

85. Operating Permit Application and Fee: In accordance with the MMC, an application shall be made to the Environmental Health office for an Onsite Wastewater Treatment System operating permit. An operating permit fee in accordance with the adopted fee schedule at the time of final approval shall be submitted with the application.

Water Quality/Water Service

86. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve Letter from Los Angeles County Waterworks District No. 29 to the Planning Department indicating the ability of the property to receive adequate water service.

87. Prior to final inspection (or project sign-off, as applicable) by the Planning Department, the applicant shall demonstrate that all requirements of Los Angeles County Waterworks District No. 29 have been met, including installation of a meter, if applicable.

88. A USC approved backflow device is required for this property and is to be installed and maintained by the property owner.

Deed Restrictions

89. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy of the recorded document to Planning department staff prior to final planning approval.

90. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition No. 15. The DRAFT 257
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property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

91. The garage area shall be limited to accessory use as defined by the City of Malibu LCP. The garage area cannot be converted into habitable space at any time in the future. Prior to issuance of building permits, the application is required to execute and record a deed restriction to this effect.

Prior to Occupancy

92. Prior to, or at the time of a Planning final inspection, the property owner / applicant shall submit to the Planning Department the plumbing permit for the irrigation system installation signed off by the Building Safety Division.

93. Prior to the issuance of a Certificate of Occupancy, the City Biologist shall inspect the project site and determine that all Planning Department conditions to protect natural resources are in compliance with the approved plans.

94. Prior to a final Building inspection, the applicant shall provide a Recycling Summary Report (Summary Report) and obtain the approval from the Environmental Sustainability Department.

Applicant must provide haul tickets and diversion information. The final Summary Report shall designate the specific materials that were land filled or recycled and state the facilities where all materials were taken.

95. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Building Safety Division. A Certificate of Occupancy shall not be issued until the Planning Department has determined that the project complies with this coastal development permit. A temporary Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

96. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval, and if applicable, the issuance of the certificate of occupancy.

Fixed Conditions

97. This coastal development permit amendment shall run with the land and bind all future owners of the property.

98. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.

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SECTION 6. The Planning Commission shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 7th day of October 2024. __________________________________
DREW LEONARD, Planning Commission Chair
ATTEST:
____________________________________
REBECCA EVANS, Recording Secretary
LOCAL APPEAL - Pursuant to Local Coastal Program Local Implementation Plan (LIP) Section

13.20.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 246.

Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 24-64 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 7th day of October 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
REBECCA EVANS, Recording Secretary
DRAFT 259
DAVID KELLEN + ASSOCIATES, INC. 2701 AIRPORT AVENUE, SUITE #202 SANTA MONICA, CA 90405
TELEPHONE 310 245-3584
E MAIL: [email protected]
RESIDENCE LOCATED AT:
29329 HEATHCLIFF ROAD
MALIBU, CA 90265
ATTACHMENT 2
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1 DAVID KELLEN + ASSOCIATES, INC.
2701 AIRPORT AVENUE, SUITE #202
SANTA MON CI A, CA 90405
TELEPHONE 310 245-3584
E MAIL: dav di [email protected]

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FIRST FLOOR PLAN
SCALE: 1/4" = 1'-0" 1
N
APRIL 1, 2024
A
B
C
D
E

SD DENOTES SMOKE DETECTOR
CM

WHEN MORE THAN ONE SMOKE ALARM

IS REQUIRED TO BE INSTALLED WITHIN

AND INDIVIDUAL DWELLING UNIT THE

ALARM DEVIES SHALL BE INTERCONNECTED

IN SUCH A MANNER THAT THE ACTUATION

OF ONE ALARM WILL ACTIVATE ALL OF THE ALARMS

IN THE INDIVIDUAL UNIT

SMOKE ALARMS SHALL RECEIVE

THEIR PRIMARY POWER FROM THE BUILDING

WIRING PROVIDED THAT SUCH WIRING IS SERVED FROM A

COMMERCIAL SOURCE AND

SHALL BE EQUIPPED WITH A BATTERY BACKUP

DENOTES CARBON MONOXIDE ALARM

WHEN MORE THAN ONE CARBON MONOXIDE ALARM

IS REQUIRED TO BE INSTALLED WITHIN

AND INDIVIDUAL DWELLING UNIT THE

ALARM DEVIES SHALL BE INTERCONNECTED

IN SUCH A MANNER THAT THE ACTUATION

OF ONE ALARM WILL ACTIVATE ALL OF THE ALARMS

IN THE INDIVIDUAL UNIT

CARBON MONOXIDE ALARMS SHALL RECEIVE

THEIR PRIMARY POWER FROM THE BUILDING

WIRING PROVIDED THAT SUCH WIRING IS SERVED FROM A

COMMERCIAL SOURCE AND

SHALL BE EQUIPPED WITH A BATTERY BACKUP

CARBON MONOXIDE ALARMS SHAL BE LISTED

AS COMPLYING WITH THE REQUIREMENTS OF
UL 2034. CARBON MONOXIDE DETECTORS

SHALL BE LISTED AS COMPLYING WITH THE
REQUIREMENTS OF UL 2075
Note:

Decking, surfaces, stair treads, risers, and landings of decks, porches, and balconies where any portion of such surface is within 10 feet of the primary structure shall comply with use of approved noncombustible construction (Residential Code R327.9.1 and Building Code 709A.3)
DOOR NOTES:

EXTERIOR DOOR ASSEMBLIES SHALL CONFORM TO
PERFOMANCE STANDARD SFM 12-7A-1
(RESIDENTIAL CODE R327.8.3 AND
BUILDING CODE 708A.3)
WINDOW NOTES:

EXTERIOR WINDOWS, WINDOW WALLS,

GLAZED DOOR AND GLAZED OPENINGS

WITHIN EXTERIOR DOORS SHALL BE

MULTI-PANE GLAZING UNITS WITH A

MINIMUM OF ONE TEMPERED PANE

EXTERIOR DECK

AT GRADE
FF EL 179.30'
A-3.2
1 A-2.1
1 A-2.1
2 A-2.2
1 2 1

SEE LANDSCAPE
PLAN
FF EL 179.00'

EXTERIOR DECK

AT GRADE
FF EL 179.90'

EXTERIOR DECK

AT GRADE
FF EL 177.50'

SIDEYARD

SET BACK

SIDEYARD

SET BACK
UP
A-3.3
2 1
A-3.3
A-3.2
2 DECK ABOVE
< 6'-0" OVERHANG TYP.

NOT IN AREA CALCULATIONS

DECK ABOVE/POOL
>6'-0" OVERHANG TYP.

INCLUDED IN AREA CALCULATIONS
3 8'-4"
78'-4"
72'-11"
SD
CM
SD
SD
CM SD
FF EL 180.00'
S
L
O
P
E
D
O
W
N
1/4" / 1'-0"

EXTERIOR DECK

AT GRADE
FF EL 179.30'
78'-4"
SD SD
BEDROOM 4 BEDROOM 3 BEDROOM 2 BEDROOM 1

LAUNDRY
264
A
-
1 .
3 DAVID KELLEN + ASSOCIATES, INC.
2701 AIRPORT AVENUE, SUITE #202
SANTA MON CI A, CA 90405
TELEPHONE 310 245-3584
E MAIL: [email protected]

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265
A
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2 .
1 DAVID KELLEN + ASSOCIATES, INC.
2701 AIRPORT AVENUE, SUITE #202
SANTA MON CI A, CA 90405
TELEPHONE 310 245-3584
E MAIL: [email protected]
SECTIONS RESIDENCE LOCATED AT:
29329 HEATHCLIFF ROAD
MALIBU, CA 90265
APRIL 1, 2024
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2 DAVID KELLEN + ASSOCIATES, INC.
2701 AIRPORT AVENUE, SUITE #202
SANTA MON CI A, CA 90405
TELEPHONE 310 245-3584
E MAIL: [email protected]
SECTIONS RESIDENCE LOCATED AT:
29329 HEATHCLIFF ROAD
MALIBU, CA 90265
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2 DAVID KELLEN + ASSOCIATES, INC.
2701 AIRPORT AVENUE, SUITE #202
SANTA MON CI A, CA 90405
TELEPHONE 310 245-3584
E MAIL: [email protected]

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RESIDENCE LOCATED AT:
29329 HEATHCLIFF ROAD
MALIBU, CA 90265
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