Malibu Municipal Code § 13.26 Variances

Application for a variance shall be filed in the same manner as for a coastal development permit.

13.26.2 Applicability. Variances shall be decided in the same manner as for regular coastal development permits consistent with this chapter. Variances from the requirements of Section 17.4.2 or Section 17.4.3 of the LIP shall not be granted under this Chapter; rather, waivers from compliance may be granted if the requirements of Section 17.4.2 (C)(3) or 17.4.3 (C)(3), as applicable, are met.

Following a public hearing, the Planning Commission shall record the decision in writing. The Commission may approve and/or modify an application for a variance in whole or in part, with or without conditions, only if it makes all of the following findings of fact supported by substantial evidence that:

A. There are special circumstances or exceptional characteristics applicable to the subject property, including size, shape, topography, location, or surroundings such that strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B. The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone(s) in which the property is located.

C. The granting of the variance will not constitute a special privilege to the applicant or property owner.

D. The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives and policies of the LCP.

E. For variances to environmentally sensitive habitat area buffer standards or other environmentally sensitive habitat area protection standards, that there is no other feasible alternative for siting the structure and that the development does not exceed the limits on allowable development area set forth in Section 4.7 of the Malibu LIP.

F. For variances to stringline standards, that the project provides maximum feasible protection to public access as required by Chapter 12 of the Malibu LIP.

G. The variance request is consistent with the purpose and intent of the zone(s) in which the site is located. A variance shall not be granted for a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

H. The subject site is physically suitable for the proposed variance.

I. The variance complies with all requirements of state and local law.

J. A variance shall not be granted that would allow reduction or elimination of public parking for access to the beach, public trails or parklands.