Malibu Municipal Code § 15.3 Certificates of Compliance

15.1 APPLICABILITY. Land divisions that are subject to the requirements of Section 15.2 and 15.3 of the Malibu LIP shall include subdivisions through a parcel map, tract map, grant deed, or any other method; lot splits; redivisions of land; and issuance of a certificate of compliance, unless the land division occurred prior to the effective date of the Coastal Act and complied with all state laws and local ordinances in effect at the time. Mergers are subject to the requirements of Section 15.4 of the Malibu LIP. Lot line adjustments are subject to the requirements of Section 15.5 of the Malibu LIP.

15.1A PROCESSING OF PROPOSED LAND DIVISIONS. Proposed land divisions shall be processed in accordance with all other applicable City ordinances that do not conflict with the requirements of this Chapter and shall, in addition, be evaluated and approved only if in compliance with the requirements of this Chapter.

15.1B APPROVAL OF SUBSEQUENT DEVELOPMENT. Subsequent development on a parcel created through a land division shall conform to all provisions of the approved coastal development permit that authorized the land division, or any amendments thereto.

A. A land division shall not be authorized unless it is approved in a coastal development permit. A coastal development permit authorizing a land division shall not be approved unless the evidence shows, and the City makes findings, that the proposed land division complies with the requirements of this Section (15.2). Such findings shall address the specific project impacts relative to the applicable standards identified below. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record.

B. A land division shall not be approved unless the City finds that the proposed land division:

1. Does not create any parcels that do not contain an identified building site that:

a. Could be developed consistent with all policies and standards of the LCP,

b. Is safe from flooding, erosion, geologic and extreme fire hazards,

c. Is not located on slopes over 30% and will not result in grading on slopes over 30%.

2. Is designed to cluster development, including building pads, if any, to maximize open space and minimize site disturbance, erosion, sedimentation and required fuel modification;

3. Does not create any parcels where a safe, all-weather access road and driveway cannot be constructed that complies with all applicable policies of the LCP and all applicable fire safety regulations; is not located on slopes over 30% and does not result in grading on slopes over 30%. All required approvals certifying that these conditions are met shall be obtained;

4. Does not create any parcels without the legal rights that are necessary to use, improve, and/or construct an all-weather access road to the parcel from an existing, improved public road;

5. Is designed to minimize impacts to visual resources by complying with the following:

a. Clustering the building sites to minimize site disturbance and maximize open space;

b. Prohibiting building sites on ridgelines;

c. Minimizing the length of access roads and driveways;

d. Using shared driveways to access development on adjacent lots;

e. Reducing the maximum allowable density in steeply sloping and visually sensitive areas;

f. Minimizing grading and alteration of natural landforms, consistent with Chapter 8 of the Malibu LIP;

g. Landscaping or revegetating all cut and fill slopes and other disturbed areas at the completion of grading, consistent with Section 3.12 of the Malibu LIP;

h. Incorporating interim seeding of graded building pad areas, if any, with native plants unless construction of approved structures commences within 30 days of the completion of grading.

6. Avoids or minimizes impacts to visual resources, consistent with all scenic and visual resources policies of the LCP;

7. Does not create any additional parcels in an area where adequate public services are not available and will not have significant effects, either individually or cumulatively, on coastal resources;

8. Does not create any parcels without the appropriate conditions for a properly functioning onsite wastewater treatment system or connection to the Civic Center Wastewater Treatment Facility (if applicable), or without an adequate water supply for domestic use. All required approvals certifying that these requirements are met must be obtained;

9. Is consistent with the maximum density designated for the property by the Land Use Plan map and the slope density criteria (pursuant to Section 15.6 of the Malibu LIP);

10. Does not create any parcels that are smaller than the average size of surrounding parcels;

11. Does not subdivide a parcel that consists entirely of ESHA and/or ESHA buffer or create a new parcel that consists entirely of ESHA and/or ESHA buffer;

12. Does not create any new parcels without an identified, feasible building site that is located outside of ESHA and the ESHA buffer required in the LCP and that would not require vegetation removal or thinning for fuel modification in ESHA and/or the ESHA buffer;

13. Does not result in construction of roads and/or driveways in ESHA, ESHA buffer, on a coastal bluff or on a beach;

14. Does not create any parcel where a shoreline protection structure or bluff stabilization structure would be necessary to protect development on the parcel from wave action, erosion or other hazards at any time during the full 100 year life of such development;

15. If located on a beachfront parcel, only creates parcels that contain sufficient area to site a dwelling or other principal structure, onsite wastewater treatment system, if necessary, and any other necessary facilities without development on sandy beaches or bluffs;

16. Includes the requirement to acquire transfer of development credits in compliance with the provisions of the LCP, when those credits are required by the Land Use Plan policies of the LCP.

A. For issuance of a certificate of compliance pursuant to Government Code Section 66499.35 for a land division that occurred prior to the effective date of the Coastal Act, where the parcel(s) was created in compliance with state law and local ordinances in effect at the time of its creation and the parcel(s) has not subsequently been merged or otherwise altered, the City shall not require a coastal development permit. However, if the originally created parcel was subsequently merged or recombined with another parcel(s), a certificate of compliance shall not be issued for the originally created parcel, unless the City finds that creation of the parcel complies with all policies and standards of the LCP, including the requirements of Section 15.2 of the Malibu LIP for approval of land divisions, and the City issues a coastal development permit authorizing the land division.

B. To determine whether parcels were created in compliance with state law and local ordinances in effect at the time of its creation, and whether they were subsequently merged or otherwise altered, the applicant shall submit a complete title history, including all documentation necessary to determine how the parcels were created; what additional parcels were created from the same parent parcel either at the same time, prior to and/or after creation of the parcel; and what other grants, land divisions, mergers or transactions occurred involving the parcel after the initial creation of the parcel.

C. For issuance of a certificate of compliance pursuant to Government Code Section 66499.35 for a land division that occurred prior to the effective date of the Coastal Act, where the parcel(s) was not created in compliance with state law and local ordinances in effect at the time of its creation, or the parcel has subsequently been merged or otherwise altered, the certificate of compliance shall not be issued unless a coastal development permit that authorizes the land division is approved. In such cases, the City shall only approve a coastal development permit in the following situations:

1. The land division complies with all policies and standards of the LCP, including the requirements of Section 15.2 of the Malibu LIP for approval of land divisions, or

2. The permit is conditioned to prohibit development on the affected parcels, unless and until compliance with all policies and standards of the LCP, including the requirements of Section 15.2 of the Malibu LIP for approval of land divisions, has been achieved; or

3. If (a) prior to certification of the LCP, the Coastal Commission approved a coastal development permit authorizing construction of a residence on one or more of the parcels that were created from the same parent parcel as the parcel for which the COC is requested and (b) the owner of the parcel for which the COC is requested does not also own the parcel referred to above on which the Coastal Commission authorized construction of a residence, and (c) the owner of the parcel for which the COC is requested acquired it prior to certification of the LCP and is a good-faith, bonafide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, including the requirements of Section 15.2 of the Malibu LIP for approval of land divisions, except the minimum parcel size; or

4. If (a) the parcel that is the subject of the request for a COC is not in common ownership with any other contiguous parcels that were created from the same parent parcel and (b) the current owner of the subject parcel acquired it prior to certification of the LCP and is a good-faith, bonafide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, including the requirements of Section 15.2 of the Malibu LIP for approval of land divisions, except the minimum parcel size.

A. A lot line adjustment shall not be authorized unless it is approved in a coastal development permit. A coastal development permit authorizing a lot line adjustment shall not be approved unless the evidence shows, and the City makes findings, that the proposed lot line adjustment complies with the requirements of this Section (15.5). Such findings shall address the specific project impacts relative to the applicable standards identified below. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record.

B. A lot line adjustment shall not be approved unless the City finds the following:

1. All the parcels involved in lot line adjustment are legal parcels;

2. The lot line adjustment complies with the applicable provisions of the Subdivision Map Act;

3. The reconfigured parcels comply with the LCP size standards and the parcels can be developed consistent with all LCP policies and standards or, if the existing parcels do not meet this requirement, then the reconfigured parcels can accommodate development that does not have greater conflicts with the LCP policies and standards than would have occurred from development on the existing parcels;

4. If environmentally sensitive habitat is present on any of the parcels involved in the lot line adjustment, the lot line adjustment will not increase the amount of environmentally sensitive habitat that would be damaged or destroyed by development on any of the parcels, including any necessary road extensions, driveways, and required fuel modification;

5. As a result of the lot line adjustment, future development on the reconfigured parcels will not increase the amount of landform alteration (including from any necessary road extensions or driveways) from what would have been necessary for development on the existing parcels;

6. As a result of the lot line adjustment, future development on the reconfigured parcels will not have greater adverse visual impacts from a scenic road, public trail or trail easement, or public beach than what would have occurred from development on the existing parcels;

C. If there is a conflict between Sections 15.5 (B)(5) or 15.5 (B)(6) and 15.5 (B)(4) of the Malibu LIP, then protection of environmentally sensitive habitat as required in Section 15.5 (B)(4) of the Malibu LIP shall be given preference.