Malibu Municipal Code § 2.5 Goals, Objectives, Policies and Implementation Measures

OS GOAL 1. An Abundance of Open Space Contributing to aRural, Natural Environment Consistent with this Open Space Management Plan.

OS OBJECTIVE 1.1: AMPLE AND DIVERSE PUBLIC PARKLAND AND OPEN SPACE, INTEGRATED BY CIRCULATORY AND VISUAL LINKS, TO CREATE A RURAL, OPEN FEELING.

To implement these policies the City shall:

OS Implementation Measure 1: Work with other agencies to develop an Open Space Acquisition Program that includes detailed scientific studies of land characteristics to determine suitability, possible multiple-uses of areas and the environmental impact of proposed acquisition.

OS Implementation Measure 2: Actively seek donations and grants, and when economically feasible fund, purchases of beach access easements and inland and shoreline properties for open space and recreational uses.

OS Implementation Measure 3: Support acquisition by public agencies and private conservancies of properties appropriate for parks.

OS Implementation Measure 4: Create a land trust program that accepts donations of land and preserves it for open space including a system of incentives for donations of land.

OS Implementation Measure 5: Evaluate all opportunities to purchase vacant Santa Monica-Malibu Unified School District or tax delinquent properties located in Malibu for neighborhood or community park use.

OS Implementation Measure 6: Require property owners to mitigate the impact of development on parkland and open space through dedications of land or payment of in-lieu fees.

OS Implementation Measure 7: Develop incentives to encourage owners of contiguous legal lots to consolidate the lots into larger, single holdings.

OS Implementation Measure 8: Notify the National Park Service of proposed developments outside existing developed areas.

OS OBJECTIVE 1.2: PORTIONS OF PRIVATELY OWNED PARCELS REMAIN AS NATURAL OPEN SPACE.

To implement these policies the City shall:

OS Implementation Measure 9: Develop and implement a program/system of incentives to encourage voluntary dedication and maintenance of natural open space areas. Incentives may include (a) reduced setbacks, (b) increased grading, and (c) increased structure size.

OS Implementation Measure 10: Regulate construction activities to eliminate potentially destructive practices that remove topsoil or dump soils in areas intended to be preserved as open space.

OS Implementation Measure 11: Develop and implement a transfer development credit program resulting in permanent open space. This program shall provide incentives to retire otherwise developable parcels that are geologically unstable, in floodways or are otherwise environmentally sensitive.

OS OBJECTIVE 1.3: OPEN SPACE THAT COMPLIMENTS THE CITY'S HEALTH AND SAFETY POLICIES.

To implement this policy the City shall:

OS Implementation Measure 12: Where necessary to mitigate the potentially hazardous impacts of development, require dedication of open space.

OS Implementation Measure 13: Seek Fire Department cooperation in protecting coastal sage scrub habitat from unnecessary clearing.

OS Implementation Measure 14: Encourage multiple use of public land and easements, where appropriate, such as use of flood zones, for recreational purposes including trails, consistent with protection of Resource Protection Areas ("RPAs").

OS OBJECTIVE 2.1: A COMPREHENSIVE NETWORK OF CITY, COUNTY, STATE AND FEDERAL PARKS WHICH SERVE AS THE PHYSICAL COMPONENT OF AN OUTDOOR RECREATIONAL PROGRAM CONSISTENT WITH CONSERVATION.

To implement these policies the City shall:

OS Implementation Measure 15: Conduct a neighborhood by neighborhood study to identify any unmet need for local parks.

OS Implementation Measure 16: Adopt and implement a master plan of parks and recreation based upon the character and desires of the community as one of the several components of the City's integrated capital budget.

OS Implementation Measure 17: Consider special bond issues to implement the Parks Master Plan for financing land acquisition and capital improvements.

OS Implementation Measure 18: Design parks, including selection of materials and location and design of any permanent structures, to compliment the natural rural beauty of the site.

OS Implementation Measure 19: Accept private land donations which are consistent with the master plan of parks and recreation and compatible with the recreation policy of Malibu to be conveyed (with restrictions against selling) to appropriate agencies if necessary for management.

OS Implementation Measure 20: Create a gift catalog that lists items currently needed for parks to solicit donations consistent with the City's master plan for parks and recreation.

OS Implementation Measure 21: Where necessary, contract for highly specialized park maintenance services requiring large investments in equipment and personnel.

OS Implementation Measure 22: Impose fees for services to defray the costs of direct park use.

OS OBJECTIVE 2.2: ADEQUATE RECREATIONAL FACILITIES TO ACCOMMODATE RESIDENTS AND VISITORS.

To implement these policies the City shall:

OS Implementation Measure 23: Develop design criteria for recreation-serving facilities to minimize traffic, noise and visual impacts on adjacent neighborhoods. The criteria shall, at minimum, prohibit outdoor lighting from illuminating beyond the parameter of the site, require appropriate fencing and screens for ball fields, golf and tennis courts and similar recreation facilities, and require access from an arterial street where feasible.

OS Implementation Measure 24: Secure locations for two soccer fields and two baseball diamonds suitable for use by the Little League or similar organizations.

OS Implementation Measure 25: Develop and post an appropriate set of park rules which encourage respect for the facility in all its aspects, including respect for fellow users.

OS Implementation Measure 26: Permit only passive recreational activities in environmentally sensitive areas, including hiking, nature study, horseback riding, bicycling, picnics, sunbathing, swimming, surfing, diving, and photography.

OS Implementation Measure 27: Require that entrance roads, fee kiosks, parking facilities and other necessary developments in recreation areas be designed to maintain environmental and visual compatibility with the surrounding area.

OS Implementation Measure 28: New paving for parking lots shall not be permitted on sandy beaches unless a comparable replacement area of sandy beach is restored through removal of existing paving or structures.

OS Implementation Measure 29: Develop shared-use agreements with the school district and other public agencies which make available sports facilities, libraries, fields, classrooms, and auditoriums for public recreation.

OS Implementation Measure 30: Seek new reliable, secure and predictable funding such as fees for services, development fees or a nominal City-wide tax, to facilitate public recreation.

OS OBJECTIVE 2.3: A FIRST-CLASS SYSTEM OF RECREATIONAL AND CULTURAL PROGRAMS.

To implement these policies the City shall:

OS Implementation Measure 31: Review and update a long range plan for recreation services and facilities working with citizen based advisory groups, Federal, State and County agencies.

OS Implementation Measure 32: Cooperate with state and federal parks agencies in the Santa Monica Mountains National Recreation Area in providing programs for people of all ages to: (a) enhance understanding of fragile natural processes; (b) engender appreciation and enjoyment of natural resources in the area; (c) increase awareness of how to safely enjoy natural areas while protecting natural resources for their own sake and for the enjoyment of others and for future generations; (d) encourage awareness of the area's rich Native American period and more recent cultural history.

OS Implementation Measure 33: Designate appropriate shoreline areas for launching of non-motorized watercraft, such as catamarans, skiffs and dinghies.

OS Implementation Measure 34: Work with other agencies to manage beach parking.

OS Implementation Measure 35: Encourage recreational non-motorized boating use of coastal waters and support the ongoing presence of the Malibu Yacht Club or similar organization in the community.

OS Implementation Measure 36: Facilitate professional and volunteer programs to make use of and develop appreciation for Malibu's special natural, cultural, historic and recreational resources.

OS Implementation Measure 37: Offer recreation programs on a year-round basis and advertise them in the City's newsletter.

OS Implementation Measure 38: Sponsor and facilitate special events such as Malibu's annual Chili Cook-off and surfing contests.

OS Implementation Measure 39: Classify beaches and parks according to their ability to withstand adverse impacts and work with other agencies to regulate their use accordingly. Each beach and park shall be treated consistent with its individual characteristics.

OS Implementation Measure 40: Develop a system of graduated visitor use standards, with more active use permitted where the environment is less fragile and less active or more passive uses permitted in more sensitive natural habitat areas.

OS OBJECTIVE 3.1: A COMPREHENSIVE, SAFE AND ACCESSIBLE TRAIL SYSTEM SERVING HIKERS, EQUESTRIANS AND BICYCLISTS.

To implement these policies the City shall:

OS Implementation Measure 41: Map trails systems and bicycle routes within the City and connecting to trails outside the City using existing information including, but not limited to, that gathered from historical maps, subdivision maps, tract maps, Malibu Trails Association data, Santa Monica Mountains Trails Association, Los Angeles County Department of Parks and Recreation, State Parks and the National Park Service.

OS Implementation Measure 42: Develop a comprehensive trails plan on an area by area basis based on the information gathered in connection with the trails map for the primary purpose of connecting trails within the City and joining them to trails in its planning area.

OS Implementation Measure 43: Explore east-west routes for pedestrian, bicycle and equestrian trails to enable people to move throughout Malibu avoiding Pacific Coast Highway.

OS Implementation Measure 44: Give priority in implementation to proposed trails, especially bicycle routes, located adjacent to or leading to schools and recreation facilities and trail systems for cross town connections.

OS Implementation Measure 45: Ensure public participation during the preliminary planning and selection of final alignment of trails.

OS Implementation Measure 46: Examine every development application for the existence of easements that connect with, and continue to allow public access to, recreation and open space areas, and monitor construction with a view toward the preservation of those easements.

OS Implementation Measure 47: Mark public trails and bicycle lanes with directional signs coordinated with the natural environment for identification and access and provide buffers to ensure protection of sensitive environmental resources.

OS Implementation Measure 48: Establish trailheads and/or equestrian staging areas on a trails plan and give priority to regional trail connections.

OS Implementation Measure 49: Work with other agencies to ensure adequate parking at all established trailheads and staging areas.

OS Implementation Measure 50: Incorporate safety standards into all trail and bicycle route designs such as minimum width standards, posting level of difficulty notices, and segregating bicycle from equestrian trails.

OS Implementation Measure 51: Incorporate safe street crossing provisions into any trails/routes crossing highways and roads and establish formal "crossings" on a trails plan.

OS Implementation Measure 52: Reclaim public streets for trail use by requiring the removal of walls, landscaping and similar obstructions in public rights-of-way.

OS Implementation Measure 53: Where possible, obtain trail dedications and easements consistent with the trails plan.

OS Implementation Measure 54: Prohibit grading of trails that inhibits their safe use and work with other agencies to unblock trail/road easements to allow for safe passage of trail users.

OS Implementation Measure 55: Adopt procedures for investigating the validity of prescriptive rights. Where public prescriptive rights or implied dedication (historic public use) is found, require an offer of dedication or an equivalent public access easement. Site development in an area of historic public use only if equivalent type, intensity and area of replacement public access is provided on or within 1,000 feet of the project parcel.

OS Implementation Measure 56: Post and maintain directional and regulatory signs in publicly accessible RPAs.

OS OBJECTIVE 3.2: ACCESS TO THE BEACH AND SHORELINE CONSISTENT WITH THE PROTECTION OF COASTAL RESOURCES AND CONSERVATION.

To implement these policies the City shall:

OS Implementation Measure 57: Prepare a beach accessway map to show dedicated accessways and accessways that are improved and opened. Evaluate all proposed access dedications considering site-specific circumstances including topography, the capacity of the site to sustain use at the intensity anticipated, the proximity to adjacent residential uses, the impact on privacy of adjacent owners, the feasibility for providing litter collection, and the public safety.

OS Implementation Measure 58: Assure that improvements are in place and a public agency is willing to accept management of an accessway before opening a beach accessway requiring vertical pedestrian pathways.

OS Implementation Measure 59: Offer beach agreements in areas where the beach is bordered by residential development. The agreements may establish permitted and prohibited uses and, conditions of use (such as hours and areas subject to use) taking into account the particular beach's characteristics, potential recreational opportunities and existence of public vertical and lateral accessways.

OS Implementation Measure 60: To mitigate the impacts of development, in connection with development agreements require dedicated beach accessways.

OS Implementation Measure 61: Unless the public interest on a particular site implicates different standards, the design standards and accessway goals for the City are as follows:

Vertical Access: For all land divisions, nonresidential new development, and residential development on lots with 75 or more feet of frontage, or with an existing drainage or utility easement connecting a public street with the shoreline, or on groups of two or more lots with 50 feet or more of frontage per lot, an irrevocable offer of dedication of an easement to allow public vertical access to the mean high tide line shall be required, unless needed public access is already fulfilled by an existing developed accessway within the standard of separation provided under "Beach Access Program" (Table 2-5). Such offer of dedication shall be valid for a period of 21 years, and shall be recorded free of prior liens except tax liens. The access easement shall measure at least 10 feet wide. Where two or more offers of dedication closer to each other than needed for reasonable access have been made pursuant to this policy, the physical improvement and opening to public use of offered accessways sufficient to meet such need shall result in the abandonment of other unnecessary offers.

Exceptions to the above requirement for offers of dedication may be made for beaches identified as needing limitations on access in order to protect sensitive marine resources.

Lateral Access: For all development between the first public road and the ocean, an irrevocable offer of dedication of an easement to allow public lateral access along the shoreline shall be required unless findings are made consistent with Section 30212 of the California Coastal Act, that access is inconsistent with public safety. Such offers of dedication shall run with the land in favor of a public agency or private association approved by the City. Such offers shall be in effect for a period of 21 years, and shall be recorded free of prior liens, except tax liens.

The area subject to an access easement shall extend from the mean high tide line landward to (a) the dripline of an existing or proposed structure, or (b) to the top outer face of an approved seawall or revetment, or (c) to the base of the bluff where the bluff exceeds five feet in height, whichever is further seaward. Where the easement area adjoins a residential structure, as in (a) above, a strip 10-feet wide, measured seaward from the structure, shall be available only for public pass and repass when the remainder of the easement area is not passable.

Notwithstanding the above requirements, the lateral access requirement on lots fronting Broad Beach shall be as follows: an irrevocable offer of dedication of an easement from the mean high tide line to a line 25 feet inland of the daily high water line. This offer of dedication shall state that the daily high water line is understood by all parties to be ambulatory from day to day, as is the 25-foot wide strip of dry, sandy beach. In no case shall said access easement be closer than 10 feet to the approved development. On shoreline developed with residential uses, the required lateral access easement shall be limited to passive recreational use.

In addition, all fences, no trespassing signs, and other obstructions that may limit public lateral access within the dedicated easement or deed-restricted area shall be removed as a condition of development approval. The City shall support acceptance of offers of dedication by appropriate groups or governmental agencies.

OS Implementation Measure 62: Impose appropriate development fees to mitigate the impacts of commercial development on beach access and explore other methods to finance the construction and maintenance of new vertical access points.

OS Implementation Measure 63: Require parking lots for general office buildings be designed with the goal of serving not only office development during ordinary working hours, but also public beach parking during off hours, in conjunction with public transit or shuttle buses serving beach recreation areas.

OS Implementation Measure 64: Work with other agencies to ensure that existing developed accessways are not closed, abandoned or rendered unusable..

OS Implementation Measure 65: Use the following criteria when acquiring and improving vertical accessways and to determine the appropriate frequency of public accessway locations in view of localized beach settings and conditions:

OS OBJECTIVE 3.3: PUBLIC ACCESS TO OPEN SPACE IN HARMONY WITH REASONABLE PRIVACY OF RESIDENTS AND WELL BEING OF THE COMMUNITY.

To implement these policies the City shall:

OS Implementation Measure 66: Regulate use of public accessways, with the appropriate use consistent with the programs and policies of the Safety and Conservation Elements.

Table 2-5 BEACH ACCESS PROGRAM—VERTICAL ACCESS STANDARDS

Notes: