Malibu Municipal Code § 13.27 Site Plan Review and Minor Modifications

The purpose of this section is to provide a mechanism for the planning manager, in the process of reviewing a coastal development permit, to consider specified minor changes to standards or requirements of the LCP as applied to the coastal development permit. In reviewing a coastal development permit the planning manager can process a site plan review or minor modifications to approve a deviation from standards required in the LCP for the specific situations listed in sections 13.27.1 (A) and (B).

Application for a site plan review or minor modification shall be filed as part of the coastal development permit and shall be processed consistent with provisions of this chapter.

A. The planning manager may consider only the following applications for site plan review:

1. Height increases over the base district maximum of 18 feet up to a maximum of 28 feet in height.

2. Remedial Grading, which is grading necessary to mitigate an environmental hazard as recommended by a geotechnical or soils report prepared by a licensed professional geologist or geotechnical engineer and approved by the City Geotechnical staff.

Within the Malibu Country Estates Overlay District, remedial grading may also be permitted to restore a building site as constructed in the original grading plan for Tract 30134. The purpose of all remedial grading within the Malibu Country Estates Overlay District shall be to maintain the existing building pads and slopes.

3. Non-visually permeable fences except for those required to comply with LCP policies and standards regarding protection of environmentally sensitive habitat and scenic and visual resources.

4. Structures constructed on slopes greater than 3:1 but less than 2 1/2:1, except for the Malibu Country Estates Overlay District where this provision shall not be available.

5. Grading not exceeding 100 cubic yards total cut and fill within the Malibu Country Estates Overlay District.

6. Satellite or communication devices and antennas within the Malibu Country Estates Overlay District which exceed one meter in diameter and that project above rooflines or are visible from public streets or sidewalks, where necessary to accommodate the technical requirements of the equipment.

7. Wireless telecommunications antennae and facilities (pursuant to the provisions of Section 3.14.1 (B) of the Malibu LIP) that comply with the Most Restrictive Design Standards set forth in Section 3.16.1 (F) of the Malibu LIP.

8. For institutional development, height increases over the base district maximum of 18 feet up to a maximum of thirty-five (35) feet in height for flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries where consistent with all applicable certified Local Coastal Program policies and development standards. Roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).

B. The planning manager may grant minor modification permits authorizing the following:

1. Reduce setback and open space requirement by no more than 20%, except that front yard setbacks may be reduced by no more than 50% and side setbacks shall not be reduced where part of a required view corridor.

2. Approve alternative to water saving fixture requirements upon the recommendation of the Building Official.

3. Approve a stringline modification request authorizing the use of an alternative stringline where the application of the stringline rule results in a stringline substantially inconsistent with adjacent development. The modification can result in selecting a different stringline end point than the nearest adjacent corner on the closest upcoast or downcoast property, or selecting the stringline end point on the next upcoast or downcoast property, which the Planning Manager has determined appropriate.

A. The Planning Manager may approve or conditionally approve a site plan review application only if the Planning Manager affirmatively finds that the proposal meets all of the following:

1. That the project is consistent with policies and provisions of the Malibu LCP.

2. That the project does not adversely affect neighborhood character.

3. That the project provides maximum feasible protection to significant public views as required by Chapter 6 of the Malibu LIP.

B. The Planning Manager may approve a minor modification application only if the Planning Manager affirmatively finds that the proposal meets all of the following:

1. That the project is consistent with the policies of the Malibu LCP.

2. That the project does not adversely affect neighborhood character.

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

4. If the request involves a stringline modification, that the proposal conforms to the following:

a. The development will not be closer to the ocean than a structure of the same type on either adjacent property or a structure used in the stringline determination;

b. The development will not result in conferring a privilege not enjoyed by an adjacent structure;

c. Strict compliance with the requirements of Section 3.6.G (3) of the LIP would deprive the property owner of reasonable use of the structure or a use which is enjoyed by one or more adjacent structures; and

d. The project provides maximum feasible protection to public access, as required by Chapter 12 of the LIP.