Malibu Municipal Code § 13.13 Administrative Permits

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

1. Improvements to any existing structure;

2. Any single-family dwelling;

3. Lot mergers;

4. Any development of four dwelling units or less that does not require demolition, and any other developments not in excess of one hundred thousand dollars ($100,000.00) other than any division of land;

5. Water wells.

6. Driveways or access road improvements required by the fire department to improve access to properties damaged or destroyed as part of the Woolsey Fire that do not meet the criteria for a de minimis waiver.

B. Notwithstanding any other provisions of the LCP, attached or detached second dwelling units shall be processed as administrative permits, except that the approval of such permits shall be appealable to the Coastal Commission if the project is located in the appealable zone.

A. Application for administrative permit shall be filed consistent with procedures for regular coastal development permits according to Section 13.6 of the Malibu LIP (Applications) of this chapter. The form shall allow the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by this section.

B. Applications Not Thought to Be Administrative.

If the planning manager receives an application that is asserted to be for improvements or other development within the criteria established pursuant to this section and Public Resources Code Section 30624 and if the planning manager finds that the application does not qualify as such, he or she shall notify the applicant that the application cannot be processed administratively and must comply with regular permit procedures as provided in this chapter. The planning manager, with the concurrence of the applicant, may accept the application for filing as a regular permit pursuant to this chapter and shall adjust the application fees accordingly.

At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public which is also as close as possible to the site of the proposed development, notice that an application for a permit for the proposed administrative coastal development permit has been submitted to the city. Such notice shall contain a general description of the nature of the proposed development. The city shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to sign the declaration of posting, the planning manager shall refuse to file the application.

Notice of administrative coastal development permits shall also be made in the manner specified for nonappealable developments in section 13.12 of the Malibu LIP.

A. The planning manager may approve or modify an application for improvements or other development governed by this section on the same grounds that the planning commission may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the LCP and the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976.

B. Permits issued for such developments shall be governed by the provisions of Sections 13156 (format) and 13158 (notice of receipt and acknowledgement) of the California Code of Regulations concerning the format, receipt, and acknowledgment of permits, except that references to "Commission Resolution" shall be deemed to refer to the planning manager's determination. A permit issued pursuant to this section and Public Resources Code Section 30624 shall contain a statement that it will not become effective until completion of the planning commission review of the permit pursuant to Section 13153.

If the planning manager determines not to grant an administrative permit based on a properly filed application under this section, the planning manager shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination.

13.13.6 Reports on Administrative Permits. The planning manager shall report in writing to the planning commission at each meeting the administrative coastal development permits that were approved under this section prior to the time of the mailing of the staff reports or recommendations for the meeting, with sufficient description of the work authorized to allow the planning commission to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the planning commission and to all those persons wishing to receive such notification at the time of the regular mailing for the meeting and to the Coastal Commission. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If the majority of the planning commission members present so request, the issuance of an administrative permit governed by this section and Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a regular coastal permit application under Section 13.6 of the Malibu LIP, subject to the provisions for hearing and appeal set forth in Sections 13.11 and 13.12 of the Malibu LIP.