Malibu Municipal Code § 9.4 Development Standards

A. The City of Malibu and the Santa Monica Mountains coastal zone contains areas subject to hazards that present substantial risks to life and property. These areas require additional development controls to minimize risks, and include, but shall not be limited to, the following:

1. Low Slope Stability and/or high potential for landslide, rockfall, or debris flow, and hillside areas that have the potential to slide, fail, or collapse. Some areas potentially subject to earthquake-induced landslides are identified on the official Seismic Hazard Zone maps released by the California Geological Survey, but areas not shown on these maps may also be subject to earthquake-induced landslides.

2. Faulting: the Malibu Coast-Santa Monica Fault Zone. Areas for which special fault hazard studies are required are identified on the official maps of Alquist-Priolo earthquake fault zones released by the California Geological Survey.

3. Floodprone: areas most likely to flood during major storms. Such areas are designated on FEMA Flood Insurance Rate Maps.

4. Liquefaction: areas where water-saturated cohesionless soils can potentially lose strength, subside, and/or spread laterally during strong ground shaking. Some areas potentially subject to liquefaction are identified on the official Seismic Hazard Zone maps released by the California Geological Survey, but areas not shown on these maps may also be subject to liquefaction.

5. Wave Action: shoreline areas subject to damage from wave activity during storms.

6. Tsunamis: areas that are subject to inundation during tsunamis, whether seismically or landslide induced.

7. Fire Hazard: areas subject to major wildfires classified in Fire Zone 4 or in the Very High Fire Hazard Severity Zone.

B. All development requiring a Coastal Development Permit on any parcel of land that is located on or near any area subject to hazards cited above shall be governed by the policies, standards and provisions of this chapter in addition to any other policies or standards contained elsewhere in the certified Malibu LCP that may apply. Where any policy or standard provided in this chapter conflicts with any other policy or standard contained in the City's General Plan, Zoning Code or other City-adopted plan, resolution or ordinance not included in the certified Local Coastal Plan, and it is not possible for the development to comply with both the Malibu LCP and other plan, resolution or ordinance, the policies, standards or provisions contained herein shall take precedence.

C. Where applicable, Coastal Development Permits shall be conditioned to require compliance with any policy, standard, or provision contained herein.

A. Written findings of fact, analysis and conclusions addressing geologic, flood, and fire hazards, structural integrity or other potential hazard 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 site stability or structural integrity. Such findings shall address the specific project impacts relative to the applicable development standards identified in Section 9.4 of the Malibu LIP. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. Findings for approval or conditional approval shall conclude that the project as proposed, or as conditioned, conforms to the certified Local Coastal Program. A Coastal Development Permit for the proposed development shall only be granted if the City's decision making body is able to find that:

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;

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;

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

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

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.

B. If found to be necessary to conform to the development standards contained in this chapter or any other applicable policy or standard of the certified Malibu LCP the proposed development shall be modified, by special condition, relative to height, size, design, or location on the site and may be required to incorporate other methods to avoid or minimize the adverse impacts on site stability or structural integrity of the proposed development. If special conditions of approval are required in order to bring the project into conformance with the certified Malibu LCP, the findings shall explain how the special condition(s) alleviate or mitigate the adverse effects which have been identified. Mitigation shall not be permitted to substitute for implementation of a feasible project alternative that would lessen or avoid impacts to site stability or structural integrity.

A. All proposed new development located in or near an area subject to geologic hazards shall be required to submit a geologic/soils/geotechnical study report prepared by a licensed Certified Engineering Geologist (CEG) or Geotechnical Engineer (GE) that adheres to the City of Malibu's "Guidelines for the preparation of engineering geologic and geotechnical engineering reports," dated February 2002, and identifies any geologic hazards affecting the proposed development site and any necessary mitigation measures. The geologic/soils/geotechnical report shall include a statement by the consulting CEG or GE that the project site is suitable for the proposed development, that the development will be safe from geologic hazard, and that the development will in no way contribute to instability on or off the subject site. Such reports shall be subject to the review and approval of the City geotechnical staff.

B. All recommendations of the consulting CEG or GE and/or the City geotechnical staff shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans must be reviewed and approved for compliance with geologic recommendations by the consulting CEG or GE and the City geotechnical staff.

C. Final plans approved by the consulting CEG or GE and the City geotechnical staff shall be in substantial conformance with the plans approved by the final City decision making body relative to construction, grading, sewage disposal and drainage. Any substantial changes in the proposed development approved by the City which may be required by the project consultants or City geotechnical staff shall require an amendment to the permit or a new Coastal Permit.

D. New development proposed on landslides, steep slopes, unstable or weak soils or any other identified geologic hazard area, shall be permitted only where a factor of safety of 1.5 (static) and a factor of safety of 1.1 (pseudostatic) can be provided. Such analysis shall adhere to all provisions of the City of Malibu's "Guidelines for the preparation of engineering geologic and geotechnical engineering reports," dated February 2002. In addition, for the purpose of this section, quantitative slope stability analyses shall be undertaken as follows:

1. The analyses shall demonstrate a factor of safety greater than or equal to 1.5 for the static condition and greater than or equal to 1.1 for the seismic condition. Seismic analyses may be performed by the pseudostatic method, but in any case shall demonstrate a permanent displacement of less than 50 mm.

2. Slope stability analyses shall be undertaken through cross-sections modeling worst case geologic and slope gradient conditions. Analyses shall include postulated failure surfaces such that both the overall stability of the slope and the stability of the surficial units is examined.

3. The effects of earthquakes on slope stability (seismic stability) may be addressed through pseudostatic slope analyses assuming a horizontal seismic coefficient of 0.20g, and should be evaluated in conformance with the guidelines published by the American Society of Civil Engineers, Los Angeles Section (ASCE/SCEC), "Recommended Practices for Implementation of DMS Special Publication 117, Conditions for Analyzing and Mitigating Landslide Hazards in California."

4. All slope analyses shall be performed using shear strength parameters (friction angle and cohesion), and unit weights determined from relatively undisturbed samples collected at the site. The choice of shear strength parameters shall be supported by direct shear tests, triaxial shear test, or literature references.

5. All slope stability analyses shall be undertaken with water table or potentiometric surfaces for the highest potential ground water conditions.

6. If anisotropic conditions are assumed for any geologic unit, strike and dip of weakness planes shall be provided, and shear strength parameters for each orientation shall be supported by reference to pertinent direct sheer tests, triaxial shear test, or literature.

7. When planes of weakness are oriented normal to the slope or dip into the slope, or when the strength of materials is considered homogenous, circular failure surfaces shall be sought through a search routine to analyze the factor of safety along postulated critical failure surfaces. In general, methods that satisfy both force and moment equilibrium (e.g., Spencer, Morgenstern-Price, and General Limit Equilibrium) are preferred. Methods based on moment equilibrium alone (e.g., Bishop's Method) also are acceptable. In general, methods that solve only for force equilibrium (e.g., Janbu's method) are discouraged due to their sensitivity to the ratio of normal to shear forces between slices.

8. If anisotropic conditions are assumed for units containing critical failure surfaces determined above, and when planes of weakness are inclined at angles ranging from nearly parallel to the slope to dipping out of slope, factors of safety for translational failure surfaces shall also be calculated. The use of a block failure model shall be supported by geologic evidence for anisotropy in rock or soil strength. Shear strength parameters for such weak surfaces shall be supported through direct shear tests, triaxial shear test, or literature references.

9. The selection of shear strength values is a critical component to the evaluation of slope stability. Reference should be made to the City of Malibu's "Guidelines for the preparation of engineering geologic and geotechnical engineering reports," dated February 2002, and to the ASCE/SCEC guidelines (see Section 9.4.D.3 of the Malibu LIP) when selecting shear strength parameters and the selection should be based on these guidelines.

E. Measures to remediate or stabilize landslides or unstable slopes that endanger existing structures or threaten public health shall be designed to be the least environmentally damaging alternative, to minimize landform alteration, and to be visually compatible with the surrounding natural environment to the maximum feasible extent. Maximum feasible mitigation measures shall be incorporated into the design and construction of slope stabilization projects to minimize adverse impacts to sensitive resources to the maximum feasible extent.

F. 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 volume, velocity and pollutant load of stormwater runoff in compliance with all requirements contained in Chapter 17 of the Malibu LIP, Water Quality Protection.

G. Floodway zones are defined as areas subject to relatively deep and high velocity floodwater, and designated "Floodway Areas in Zone AE" on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) released by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA). The following uses are allowed in a floodway zone:

1. Open recreation uses, such as public parks.

2. Other uses such that:

a. Said use does not constitute an unreasonable, unnecessary, undesirable or dangerous impediment to the flow of floodwaters, or cause a cumulative increase in the water surface elevation of the base flood of more than one foot at any point, where base flood shall mean a flood having a one percent chance of being equaled or exceeded in every year (a 100-year flood)

b. Said use does not increase the need for construction of flood control facilities

c. Said use does not interfere with the protection of the health, safety, and general welfare of persons and property located within and adjacent to the floodway.

3. Bridges, such that their construction is consistent with Section 9.4.G.2 of the Malibu LIP. Such bridges shall be the preferred alternative over at-grade crossings (including fords and "Arizona Crossings") of streams and floodways.

H. Where feasible, development shall be sited outside of special flood hazard areas. Special flood hazard areas are defined as areas identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) as having special flood or flood-related erosion hazards, and designated on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zones A, A0, AE, A99, AH, V, VE, or V. If it is not feasible to site development outside of flood hazard areas new development shall conform to all aspects of the City of Malibu Municipal Code, Article III, Chapter 8. In addition, all new development shall adhere to the following requirements:

1. New development shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. New development shall be constructed with materials and utility equipment resistant to flood damage.

3. New development shall use methods and practices that minimize flood damage.

4. For residential structures in Zones A, AE, or AH, the lowest floor (including basement) shall be elevated at least one (1) foot above the base flood elevation, where base flood shall mean a flood having a one percent chance of being equaled or exceeded in every year (a 100-year flood).

5. For mobile or manufactures homes, the structure shall be elevated on a permanent foundation such that the lowest floor is at least one (1) foot above the base flood elevation and is securely anchored to an adequately anchored foundation system.

6. For nonresidential structures, the lowest floor (including basement) shall be elevated to or above the base flood level or, together with attendant utility and sanitary facilities, shall be floodproofed below the base flood level to the extent that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as certified by a registered professional engineer or architect.

7. For structures in an area of shallow flooding (Zone A0 on a FIRM), the lowest floor (including basement) shall be elevated at least one (1) foot above the depth number indicated on the most current FIRM; or if there is no depth number on the most current FIRM, the structure shall be elevated at least three feet above the highest adjacent grade. As an alternative, nonresidential structures, together with attendant utility and sanitary facilities, may be floodproofed to that level as specified in (9) below.

8. For structures in Zones A0 and AH on a FIRM, adequate drainage paths shall exist around structures situated on sloping ground, to guide floodwaters around and away from said structures.

9. Floodproofing of a nonresidential structure shall use a design and/or methods of construction that are in accordance with accepted standards of practice for floodproofing or which will extend the floodproofing to an elevation that is required pursuant to the provisions of this chapter.

10. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters.

11. All on-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.

12. All electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during flooding.

13. All fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters with designs certified by a registered professional engineer or architect; or will have at least two openings no more than one foot above grade with a total net area of at least one square inch per square foot of flooded area.

14. New development shall not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been established. For purposes of this section, "adversely affects" shall mean that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood elevation more than one foot at any point.

15. New development shall not be sited and designed so as to require the construction or installation of flood protective works, including bank protection or channelization. Highway projects shall comply to the maximum extent feasible.

16. Channelizations, dams, or other substantial alterations of rivers and streams shall be limited to (l) necessary water supply projects, (2) flood control projects where no other method for protecting existing principal structures constructed in the floodplain prior to certification of the LCP is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat. All such substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible.

17. Construction or substantial improvement shall not involve the use of fill for structural support of buildings.

18. New construction or substantial improvements shall be elevated on pilings or columns such that:

a. The bottom of the lowest horizontal structural member of the lowest floor (excluding piling or columns) is elevated at or above the base flood elevation; or

b. The pile of column foundation and the attached structure is anchored to resist flotation, collapse, or lateral movement due to the effect of wind and water loads having a one percent chance of being equaled or exceeded in any given year, acting simultaneously on all building components.

19. New construction or substantial improvement shall have the space below the lowest floor, if said floor is elevated above grade, free of obstruction or constructed with non-supporting breakaway walls, open wood lattice work or insect screening intended to collapse under wind and water load without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Such enclosed space is not useable for other than parking of vehicles, building access, or storage.

20. The following restrictions shall apply for properties located in areas designated as being located within a Special Flood Hazard Area pursuant to the provisions of this Chapter:

a. It shall be prohibited to store or process materials that, in a time of flooding, may become buoyant, flammable, explosive, or could be injurious to human, animal, or plant life.

b. The storage of other material or equipment may be allowed if the storage area will not be subject to major damage by floods and if the stored material is firmly anchored to prevent flotation or is readily removable from the area within the time available after a flood warning.

I. Where feasible, development shall be sited outside of potential tsunami inundation zones. Tsunami inundation zones shall be defined as those areas identified as such on maps released by the California Office of Emergency Services, as they become available. If no such map is available, a Registered Civil Engineer with coastal experience shall make a determination, through wave run-up analysis, whether the site may reasonably be expected to be subject to inundation during a tsunami. If it is not feasible to site development outside of a tsunami inundation zone, new development shall be in conformance with all of the provisions set forth in this chapter with regard to Special Flood Hazard Zones. In addition, development shall be constructed to resist lateral movement due to the effect of water loading from the maximum expected tsunami, to the greatest extent feasible.

J. All development that lies within, or partially within, a designated Earthquake Fault Zone as identified by the Alquist-Priolo Earthquake Fault Zoning Act for protection from fault rupture hazard shall demonstrate compliance with all requirements of the Act prior to issuance of any use permit, building permit, or other entitlement.

K. All development that lies within, or partially within, a zone of required investigation for liquefaction or earthquake-induced landslides as identified by the Seismic Hazard Zone Mapping Act for protection from liquefaction and earthquake induced-landslide hazard shall demonstrate compliance with all requirements of the Act prior to issuance of any use permit, building permit, or other entitlement.

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

M. New development shall be prohibited on property or in areas where such development would present an extraordinary risk to life and property due to an existing or demonstrated potential public health and safety hazard.

N. Land divisions, including lot line adjustments, shall be prohibited unless it can be demonstrated that a safe, legal, all-weather access road can be constructed in conformance with all applicable policies of the Malibu Local Coastal Plan and all proposed parcels and access roads are found to comply with all applicable fire safety regulations.

O. Land divisions, including lot line adjustments, shall be prohibited unless all proposed parcels can be demonstrated to be safe from flooding, erosion, geologic and extreme fire hazards.

P. New development shall be required to utilize design and construction techniques and materials that minimize risks to life and property from fire hazard in compliance with the City Municipal Code, Article III, Chapter 1.

Q. New development shall incorporate fuel modification and brush clearance techniques in compliance with applicable City and County fire safety requirements and shall be designed and carried out to minimize clearance of natural vegetation and reduce impacts to sensitive natural habitat to the maximum feasible extent.

R. Landscaping shall utilize fire-retardant, native plant species in compliance with the requirements of Section 3.12 of the Malibu LIP.

S. New development shall provide for emergency vehicle access and adequate fire-flow water supply in compliance with applicable fire safety regulations.

T. Prior to approval all new development shall demonstrate the availability of an adequate water supply for fire protection in compliance with applicable fire safety regulations.

U. Where applicable, property owners shall comply with fire safety regulations for management of combustible vegetative materials (controlled burns) in fire hazard areas.

V. Emergency actions to repair, replace or protect damaged or threatened development including public works facilities shall be the minimum needed to alleviate the emergency and shall, to the maximum feasible extent, be the least environmentally damaging alternative. A regular permit application shall be required as follow-up to all emergency protection devices or measures in compliance with the Coastal Development Permitting Chapter. All emergency protection devices shall be designed to facilitate removal and replacement with the alternative found to be consistent with all policies and standards of the LCP through the regular permit process.

W. All emergency permits shall be conditioned and tracked to insure that all authorized development is either removed or approved pursuant to a Coastal Development Permit within 180 days of issuance of the emergency permit, unless it meets the criteria as stipulated in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978.

X. As a condition of approval of new development within or adjacent to an area subject to flooding, land or mudslide, or other high geologic hazard, prior to issuance of the Coastal Development Permit, the property owner shall be required to execute and record a deed restriction which acknowledges and assumes said risks and waives any future claims of damage or liability against the City and agrees to indemnify the City against any liability, claims, damages, or expenses arising from any injury or damage due to such hazards.

Y. As a condition of approval of new development within or adjacent to an area subject to high wildfire hazards, prior to issuance of the Coastal Development Permit, the property owner shall be required to submit a signed document 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.

Z. All new development shall be reasonably safe from mudslide hazards, consistent with the City of Malibu Municipal Code, Article III, Chapter 8, Section 15.

(Ord. 303 § 3, 2007)