Malibu Municipal Code Ch. 2 Definitions

ADJUSTED REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) -

the unmet very-low and low-income RHNA after crediting units by income category constructed during the current planning period.

AEROBICS/DANCE STUDIO -

a private facility which conducts classes to groups of individuals generally in one room, and does not provide showers, pools, saunas, and other features of a full service health club.

AFFORDABLE HOUSING AGREEMENT -

a legally binding agreement between an applicant and the City of Malibu to ensure that continued affordability of the Affordable Housing Units persists, and the units are maintained in accordance with Section 3.7 of the Local Implementation Plan.

AFFORDABLE HOUSING / AFFORDABLE RESIDENTIAL UNIT -

a housing unit which is available for sale or for rent to moderate, low and/or very-low income households, as those terms are defined in this chapter.

AFFORDABLE HOUSING DEVELOPMENT -

a multi-family residential development in which all of the affordable bonus units are affordable to low and moderate income households.

AFFORDABLE RENT -

monthly rent charged to low and very-low income households for housing units as calculated in accordance with Section 50053 of the California Health and Safety Code.

AGGRIEVED PERSON -

any person who, in person or through a representative, appeared at a public hearing of the City of Malibu or the California Coastal Commission in connection with the decision or action on a Coastal Development Permit application, or who, by other appropriate means prior to a hearing, informed the City of Malibu or the California Coastal Commission of the nature of his/her concerns or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a Coastal Development Permit.

AGRICULTURAL EMPLOYEE -

a person who works full or part-time (twenty-four (24) hours or more per week) in the service of a commercial agricultural operation.

AGRICULTURAL EMPLOYEE HOUSING -

any living quarters or accommodations of any type specifically for agricultural employees and which comply with Health and Safety Code Sections 17008 and 17021.6 and other applicable provisions of the Employee Housing Act.

ALLEY -

a public or private right-of-way less than forty feet (40′) wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

ANCILLARY ROOM -

a loft or other room (den, study or library, for example) not used as a bedroom and which:

Is substantially open to or overlooks another room (such as a living room, dining room, kitchen or master bedroom);

Serves as an extension of that adjoining room;

Shall not include a bathroom or any other plumbing, or closets; and

Due to its location, layout and/or amenities is not easily usable as an additional bedroom.

APARTMENT UNIT -

one or more rooms with private bath and kitchen facilities comprising an independent rental unit.

APPEALABLE COASTAL DEVELOPMENT PERMIT -

After certification of the Local Coastal Program an action taken by the City on a Coastal Development Permit application may be appealed to the California Coastal Commission for only the following types of developments:

Developments approved by the City between the sea and the first public road paralleling the sea or within three hundred feet (300′) of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.

Developments approved by the City not included within paragraph 1 that are located on tidelands, sub-merged lands, public trust lands, within one hundred feet (100′) of any wetland, estuary, or stream, or within three hundred feet (300′) of the top of the seaward face of any coastal bluff.

Developments approved by the City not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.

Any development which constitutes a major public works project or a major energy facility as defined in this Chapter. The phrase "major public works" or a "major energy facility" as used in Public Resources Code Sec. 30603(a)(5) and in these regulations shall mean: any proposed public works project or energy facility, as defined by Section 13012 of the Coastal Commission Regulations and the Coastal Act.

ARBOR -

a shady garden shelter, typically covered with or formed of vines or other climbing plants.

ARCADE, GAME (PENNY) -

any premises where there is maintained five or more games of skill or amusement whereby machines, contests, devices, games, tables, boards or amusements, the operation of which is permitted, controlled, obtained, conducted, allowed, authorized or made possible by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or receptacle, or by the payment of any fee or fees, and where said machine, contest, device, game, table, board or amusement tests, or provides a means for testing, the skill of the operator thereof with reference to its operation or the results thereof.

AREA DENSITY DIAGRAM -

see FLOOR AREA RATIO.

AREA, NET -

that portion of a lot or parcel of land which is:

Not subject to any easement or included as a proposed public or private facility such as an alley, highway or street or other necessary public site within a proposed development project;

Subject to an easement where the owner of the underlying fee has the right to use the entire surface except that portion where the owner of the easement may place utility poles or minor utility structures;

That portion of a corner lot or corner parcel of land not to exceed five percent (5%) of the net area within a corner cutoff.

ART GALLERY -

a retail or wholesale establishment featuring exhibits and sale of art work including but not limited to drawings, paintings, sculptures, ceramics, photographs, and other art media.

ARTIST LOFT/STUDIO -

A room or structure in which original works of art are created on site and, if living quarters for the artist are included, the living quarters do not exceed fifty percent (50%) of the square footage of the total studio space.

AUTHORIZED ENFORCEMENT OFFICER -

the City Manager or his or her designee.

AUTOMOBILE SERVICE STATION -

any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs and carburetors cleaning are conducted. Automobile services stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body and fender work are conducted.

AUTOMOTIVE SERVICE FACILITY -

a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539.

AWNING -

a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BAR AND COCKTAIL LOUNGE -

saloons, bars, cocktail lounges, nightclubs, pubs, discotheques, taverns and similar places used primarily for drinking and designed for social interaction and/or stage show entertainment.

BASEMENT -

that portion of a building or an area enclosed by walls located below finished grade and beneath or partially beneath the first floor footprint above, where the vertical distance from finished grade to the bottom of the finished floor above is no more than 3 vertical feet at all points around the perimeter of all exterior walls. A basement does not constitute a story.

BED AND BREAKFAST INN -

a facility offering transient lodging accommodations to the public and providing kitchen facilities adequate to provide meals to the guests of the facility only and not otherwise open to the public.

BEST MANAGEMENT PRACTICES (BMPs) -

activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste-handling and disposal, as well as storm water treatment and detention facilities (see Structural BMPs), among others.

BICYCLE PARKING SPACE -

any permanently maintained bicycle rack or other similar device which is designed for the secure storage of a standard size bicycle.

BLUFF EDGE -

For coastal and canyon bluffs, the bluff edge shall be defined as the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff, the bluff edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet (500′) shall be the minimum length of bluff line or edge to be used in making these determinations.

BOOKSTORE -

any premises which has a substantial or significant portion of its stock in trade books, magazines, periodicals, pamphlets or newspapers.

BUILDING -

any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials or any kind or nature.

BUILDING, ENCLOSED -

a structure which is not open to the air for more than forty percent (40%) of its surface.

BULK -

is the total interior cubic volume as measured from the exterior surface of the structure.

CALIFORNIA COASTAL ACT OR COASTAL ACT -

is the California Coastal Act of 1976, Division 20 of the Public Resources Code, as amended.

CELLAR -

any structure located entirely outside of the first floor footprint of a building, and located entirely below grade, except for an opening for pedestrian ingress and egress that shall have a minimum clear width of at least thirty (30) inches and a maximum clear width of forty-eight inches (48″).

CENTERLINE -

where reference is made to the 'centerline' of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the County engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. The established centerlines are those shown on a series of maps entitled County Surveyor's Maps or County Surveyor's Field Maps on file in the office of the County engineer, except that where 2 or more such centerlines are shown on any map in said series of maps, the centerline labeled 'proposed centerline' is deemed to be the centerline of the parkway, major or secondary highway.

CHANGE OF USE -

a discontinuance of a use and the substitution of a different use.

CHAPTER THREE POLICIES

are those policies of the Coastal Act contained in Chapter Three as amended, commencing with Section 30200, which constitute the standards by which the adequacy of Local Coastal Programs and the permissibility of proposed development subject to the provisions of the Coastal Act are determined.

CITY -

the City of Malibu.

CITY COUNCIL -

refers to the City Council of the City of Malibu.

CIVIC CENTER WASTEWATER TREATMENT FACILITY (CCWTF) -

a public utility facility to be constructed in the Malibu Civic Center area in response to the prohibition on discharges from onsite wastewater treatment systems in order to provide centralized municipal wastewater treatment facilities to affected properties.

CLIFF -

any high, very steep to perpendicular or overhanging face of rock, a precipice.

CLUB -

a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

COASTAL BLUFF -

a high bank or bold headland, ten feet (10′) or more in vertical extent, with a broad, precipitous, sometimes rounded cliff face overlooking a body of water.

COASTAL COMMISSION

is the California Coastal Commission.

COASTAL DEPENDENT DEVELOPMENT OR USE -

any development or use which requires a site on, or adjacent to, the sea in order to be able to function at all.

COASTAL DEVELOPMENT PERMIT -

is a permit for any development or use within the coastal zone that is required pursuant to this Chapter and of subdivision (a) of the Coastal Act Section 30600.

COASTAL RESOURCES -

include, but are not limited to, public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.

COASTAL ZONE -

means the land and water area boundaries established by the State Legislature as defined in Coastal Act Section 30103.

COMMERCIAL AGRICULTURE -

the growing of crops for food or fiber, or grazing or raising of livestock with the intent to sell the products for profit. Commercial agriculture does not include crops or agriculture grown for personal consumption or equestrian uses.

COMMERCIAL DEVELOPMENT -

any development on private land that is not heavy industrial, institutional, or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes. For purposes of compliance with Chapter 17 of the LIP (Water Quality Protection Ordinance) only, "commercial development" shall include institutional development.

COMMERCIAL PARKING LOT OR BUILDING -

a parking area or structure established or operated as a business, providing off street parking for a fee or charge.

COMMISSION -

refers to the Planning Commission of the City of Malibu.

COMMON INTEREST DEVELOPMENT -

any residential condominium, residential community apartment house, or residential stock cooperative.

COMMUNICATION EQUIPMENT BUILDING -

a building housing operating electrical and mechanical equipment necessary for the conducting of a public utility communications business, with or without personnel.

COMPATIBLE -

that which is harmonious with and will not adversely affect surrounding buildings and/or uses.

CONCESSIONS -

regulatory allowances which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed use zoning in conjunction with the Housing Development, or any other regulatory incentive which would result in an identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus.

CONDITIONS OF USE -

a development standard determined to be necessary to permit the harmonious introduction of a use in a zone and therefore a prerequisite to place or maintain such use.

CONDOMINIUM -

an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in an apartment building on such real property. A "condominium" may include, in addition, a separate interest in other portions of such real property.

CONDOMINIUM ASSOCIATION -

the association which administers and maintains the common property and common elements of a condominium.

CONSERVATION COVER -

establishing and maintaining perennial vegetative cover to protect soil and water resources on land retired from agricultural production.

CONVENIENCE STORE -

any retail establishment offering for sale pre-packaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5000 square feet.

CONVERSION -

a change of a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in Section 18214 of the Health and Safety Code, or a residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, to a condominium, cooperative, or similar form of ownership, or to a non-residential use.

COUNCIL -

refers to the City Council of the City of Malibu.

COUNTY -

refers to the County of Los Angeles.

COUNTY ENGINEER -

refers to the County Engineer of the County of Los Angeles.

CRITICAL AREA PLANTING -

planting vegetation, such as trees, shrubs, vines, grasses, or legumes, on highly erodible or critically eroding areas. Critical Area Planting does not include tree planting mainly for wood products.

CROP RESIDUE USE -

using plant residues to protect cultivated fields during critical erosion periods.

DECK -

an open porch or platform which projects more than 2 feet from the adjacent structure or is freestanding and at least 2 feet in width.

DEMOLITION -

the deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or other use.

DENSITY BONUS -

a density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete.

DENSITY BONUS UNITS -

those additional residential units gained pursuant to the provisions of the Density Bonus Ordinance.

DEVELOPMENT -

means, on land, in or under water, the placement or erection of a solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; change in density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water; or access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private or public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes; kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

DEVELOPMENT AREA -

the approved portion of a project site that is developed, including the building pad and all graded slopes, all structures, and parking areas. If it is demonstrated that it is not feasible from an engineering standpoint to include all graded slopes within the development area, then graded slopes may be excluded from the approved development area. The area of one access driveway or roadway not to exceed twenty feet wide, and one hammerhead safety turnaround, as required by the Los Angeles County Fire Department not located within the approved building pad shall be excluded from the total development area. The fuel modification area required by the Los Angeles County Fire Department for approved structures may extend beyond the limits of the approved development area.

DISASTER -

means any situation in which the force(s) which destroyed a structure were beyond the control of its owners.

DISCRETIONARY PROJECT -

defined in the same manner as Section 15357 of the Guidelines for Implementation of the California Environmental Quality Act contained in Title 14 of the California Code of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

DIVERSION -

a channel constructed across the slope with a supporting ridge on the lower side.

DOMESTIC ANIMAL -

an animal which is commonly maintained in residence with humans.

DORMITORY -

a building used as group living quarters for a student body in conjunction with a college, university, boarding school, orphanage or other similar institutional use.

DRIPLINE -

a vertical line extending from outermost portion of a tree canopy to the ground.

DRY CLEANING ESTABLISHMENT -

any premises, equipped to perform the service as defined in the California Business and Professions Code. A 'dry cleaning establishment' may include a dry cleaning agency, a retail or wholesale dry cleaning plant and dry cleaning, self-service or coin operated.

DRY CLEANING PLANT, RETAIL -

a plant, the gross sales of which consist of at least fifty-one percent (51%) of direct sales to persons other than licensed dry cleaners.

DRY CLEANING PLANT, WHOLESALE -

a plant, the gross sales of which consist of at least fifty-one percent (51%) of sales to licensed dry cleaners.

DWELLING, SINGLE-FAMILY -

a building containing one dwelling unit constructed entirely onsite, or a unit constructed and/or assembled off-site, including mobile homes manufactured and certified under the National Mobilehome Construction and Safety Standards Act of 1974 and located on a permanent foundation system approved by the Building Department.

DWELLING UNIT -

one or more rooms in a building or portion thereof designed, intended to be used or used for occupancy by one family for living and sleeping quarters and containing only one kitchen. 'Dwelling unit' also includes:

One or more habitable rooms within a mobile home which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation; and

Any room used for sleeping accommodations which contains a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except a guest room or guest suite in a hotel; and

Each space or pad designed and allocated to accommodate a mobile home within a mobile home park.

DWELLING UNIT, EFFICIENCY -

a dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.

EASEMENT -

a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

EFFECTIVE DATE OF THE COASTAL ACT -

is February 1, 1973 for areas subject to the California Coastal Zone Conservation Act and is January 1, 1977 for those areas identified as the Coastal Zone and subject to the California Coastal Act of 1976.

EFFECTIVE DATE OF THE MALIBU LOCAL IMPLEMENTATION PLAN -

is September 13, 2002.

EMERGENCY -

means a sudden unexpected occurrence demanding, immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

EMERGENCY COMMUNICATION AND SERVICE FACILITY -

A structure whose primary purpose is for communication or communication-related service activity in support of emergency response activities. Such facilities are typically unmanned, and during emergencies are not used as centers for emergency personnel.

EMERGENCY SHELTER -

housing with minimal supportive services for homeless persons, which is limited to occupancy of 6 months or less by a homeless person and is operated by a government agency or private non-profit organization.

EMPLOYEE HOUSING -

means "employee housing" as defined in Health and Safety Code Section 17008.

ENCROACH -

to conduct any development activity within the protected zone of a tree protected under section 5.2 or to intentionally damage any part of a protected tree or its root system, including but not limited to, burning, applying toxic substances, overwatering, operating machinery, paving, changing the natural grade, or excavating.

ENERGY FACILITY -

any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

ENVIRONMENTALLY SENSITIVE HABITAT AREA (or ESHA) -

is any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

EXCLUSIVE USE -

means a use that precludes use in the area of the event for public recreation, beach access or access to coastal waters other than for or through the event itself.

EXECUTIVE DIRECTOR -

is the Executive Director of the California Coastal Commission.

EXTREMELY-LOW INCOME (ELI) HOUSEHOLD -

a household whose income does not exceed 30 percent (30%) of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50052.5 of the California Health and Safety Code.

FACADE -

the exterior wall of a building exposed to the public view or that wall viewed by persons not within the building.

FAMILY -

one or more individuals occupying a dwelling unit and living as a single household.

FEASIBLE -

means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

FENCES, WALLS AND HEDGES -

artificially constructed barriers of any material or combination of materials erected to enclose or screen an area of land. See also OPEN FENCING.

FILL -

any earth or material or substance, including pilings, placed for the purposes of erecting structures thereon, placed in a submerged or upland area.

FILTER STRIP -

a strip or area of vegetation for removing sediment, organic matter, and other pollutants from runoff and wastewater.

FIRST PUBLIC ROAD PARALLELING THE SEA or FIRST PUBLIC ROAD -

shall mean that road nearest the sea, as defined in this Section, and which meets all of the following criteria:

The road is lawfully open and suitable for uninterrupted use by the public;

The road is maintained by a public agency;

The road contains an improved all-weather surface open to motor vehicle traffic in at least one direction;

The road is not subject to any restrictions on use by the public except during an emergency or for military purposes; and

The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

FLAG, OFFICIAL -

an official flag of the United States of America and other nations, states, countries, or municipalities.

FLOOR AREA, GROSS -

the sum of the gross horizontal areas of the several floors of a building measured from the interior face of exterior walls, or from the centerline of a wall separating 2 buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than 6 feet.

FLOOR AREA RATIO -

the formula for determining permitted building area as a percentage of lot area; obtained by dividing the above-ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

FRONTAGE, BUILDING -

the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. 'Building Frontage' shall be measured continuously along said building wall for the entire length of the building establishment, including any portion thereof which is other than parallel to the remainder of the wall.

FRONTAGE, PRIMARY COMMERCIAL -

the portion of a commercially zoned lot which parallels the block face which contains the greatest amount of commercial zoning.

FRONTAGE, STREET -

that portion of a lot or parcel of land which borders a public street. 'Street Frontage' shall be measured along the common lot line separating said lot or parcel of land from the public street, highway or parkway.

GAME ROOM or GAMING AREA -

an area designated exclusively for customer participation entertainment providing gaming, pool tables, pinball machines, etc.

GARAGE -

a deck, building, structure or part thereof, used or intended to be used for the parking and storage of motor vehicles.

GARAGE SALE -

any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

GARAGE, SEMI-SUBTERRANEAN -

a structure used for parking and storage of vehicles located partly underground with the finished floor of the first level of the structure averaging not more than fifty percent (50%) above the average natural or existing grade of the parcel, except for openings for ingress and egress.

GARAGE, SUBTERRANEAN -

that portion of a building or an area enclosed by walls, used for parking and storage of vehicles, which is located below finished grade and beneath or partially beneath the first floor footprint above, where the vertical distance from finished grade to the bottom of the finished floor above is no more than 3 vertical feet at all points around the perimeter of all exterior walls, except for that portion of the wall with the opening for vehicular ingress and egress. A subterranean garage does not constitute a story.

GEOTECHNICAL HAZARD -

soils or geologic conditions that could adversely affect the safety of the building site in accordance with the current Building Code.

GOOD HOUSEKEEPING PRACTICES -

common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.

GRADE (finished) -

the finished ground level around the perimeter at all exterior walls of a building.

GRADE (ground level) -

the natural or finished ground level at all walls of a building, whichever results in a lower building height. In cases where walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.

GRADING PROJECT, OFF SITE TRANSPORT -

any excavation or fill, or combination thereof, necessary and incidental to impending building construction or other lawful development which will require the removal from, or importation to, a lot or parcel of land more than 5,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other minerals along a transport route having more than ten (10) occupied dwelling units in single or two family residences, apartment houses, mobile homes or any combination thereof, or having a hospital or an accredited public or private school offering instruction required to be taught by the Education Code of the State of California, located within a parallel corridor two hundred (200) feet wide on each side of and measures from the edge of the existing right-of-way for a distance equal to the extent of such route of for a distance of 2,640 feet, whichever distance is less. 'Impending building construction or development' shall mean the initiation of such construction or development within one year.

GRADE PROJECT, ON SITE -

any excavation or fill, or combination thereof, requiring a grading permit under the provisions of Chapter 1 of Article VIII (Building Code) of this Code which will involve a volume of earth greater than 50,000 cubic yards, whether filed as one permit or the cumulative total of more than one permit on the same lot or parcel of land within a one-year period.

GRAND OPENING -

an advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following remodeling or major renovation.

GRASSED WATERWAY -

a natural or constructed channel that is shaped or graded to required dimensions and established in suitable vegetation for the stable conveyance of runoff.

GREATER THAN 9 UNIT HOME SUBDIVISION -

any subdivision being developed for ten (10) or more single-family or multi-family dwelling units.

GROUND FLOOR -

the first floor of a building other than a cellar or basement.

GUEST HOUSE -

attached or detached living quarters on the same premises as a single family residence for the use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities and not rented or otherwise used as a separate dwelling. The maximum living area of a guest house shall not exceed nine hundred (900) square feet, including any mezzanine or storage space. A guest house may include a garage not to exceed four hundred (400) sq. ft. The square footage of the garage shall not be included in the maximum living area.

HABITABLE FLOOR AREA -

see LIVING AREA.

HANDICAPPED ACCESSIBLE UNIT -

a building or portion of a building containing one dwelling unit, intended or used for the sole occupancy of not more than 2 persons at any time, one of whom is physically or mentally disabled.

HEALTH CARE FACILITIES -

any facility, place, or building maintained and operated to provide medical care. Health care facilities include but are not limited to hospitals, intermediate care facilities, clinics, and home health agencies, all of which are licensed by the State of California Health and Human Services Agency. Health care facilities do not include residential care facilities for the elderly.

HEALTH CLUB -

means but is not limited to gymnasiums (except public), private clubs (athletic, health or recreational), with full service facilities including but not limited to showers, lockers, pools and saunas.

HEDGES -

see FENCES.

HEIGHT, BEACHFRONT LOT -

the vertical distance from the lowest recommended finish floor elevation on the ocean side (as defined by a licensed civil engineer, based upon a comprehensive wave action report) and the vertical distance as measured from the centerline of the road on the land side, apportioned such that the height of the portion of the building measured from the centerline of the road is no more than half of the total length (front-to-rear) of the structure.

HEIGHT, NON-BEACHFRONT LOT -

the vertical distance between the top of the structure and finished or natural grade, whichever results in a lower building height. (See GRADE)

HELIPORT -

any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.

HELISTOP -

any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo, but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.

HIGH INTENSITY USE -

commercial uses whose activities could adversely impact adjacent residences, schools, or other uses; such as alcohol sales, gasoline stations, automobile and truck repair and parts, twenty-four (24) hour markets, carry out food establishments, entertainment (nightclubs, concert halls, dance clubs, etc.), video arcades, restaurants and bars, and adult businesses.

HIGH OCCUPANCY FACILITIES -

all buildings with assembled occupancies of one hundred (100) or more persons.

HILLSIDE -

property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater.

HOMELESS SHELTER -

see EMERGENCY SHELTER.

HOME OCCUPATION -

any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.

HOSPICE -

see RESIDENTIAL CARE FACILITY.

HOSPITAL -

any institution, place, building or agency licensed by the Departments of Public Health, or Mental Hygiene of the State of California, which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence, and includes sanitarium, sanitorium, convalescent home, nursing home and maternity home.

HOSPITAL, SMALL ANIMAL -

any facility providing medical or surgical treatment, clipping, bathing or other services, including incidental boarding to dogs, cats and other animals.

HOTEL -

a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants and meeting rooms.

HOTEL ROOM -

a unit or room in a hotel or motel, used for transient purposes and not the principal place of residence of the occupant(s).

HOUSEHOLD -

a family living together in a single dwelling unit, with a common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HOUSING DEVELOPMENT -

a development project for five or more residential units. Within the Density Bonus Ordinance, it shall also include a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multi-family building.

ILLEGAL NONCONFORMING BUILDING OR USE -

a building or use that does not conform to one or more of the provisions of the Malibu Zoning Ordinance and did not lawfully exist on the effective date of applicable chapters of the Malibu Zoning Ordinance.

INCENTIVES -

see CONCESSIONS.

INCIDENTAL USE -

a use which is secondary to the primary use of a property and which does not intensify the use.

INITIAL SUBSIDY -

the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (e.g. X (fair market value of the home to be purchased) – Y (the price the moderate income household paid for the home) + Z (amount of any down payment assistance) = Initial Subsidy).

INFILL DEVELOPMENT -

shall apply to a situation where construction of a single-family dwelling and/or a duplex in limited situations on a vacant lot or the demolition of an existing residential dwelling and construction of a new dwelling is proposed in an existing, geographically definable residential community which is largely developed or built out with similar structures. When applied to beach front development this situation consists of an existing linear community of beach fronting residences where the vast majority of lots are developed with residential dwellings and relatively few vacant lots exist. Infill development can occur only in instances where roads and other services are already existing and available within the developed community or stretch of beach. Infill development shall not apply to the construction of a shoreline protection device.

INFILL LOT, RESIDENTIAL ZONE -

lot where at least eighty percent (80%) of the legal lots within a three hundred foot (300′) radius of the subject lot, but in no event less than ten (10) lots, are developed with a residential structure. "Infill Development" shall apply to a situation where construction of a single-family dwelling and/or duplex in limited situations on a vacant lot or the demolition of an existing residential dwelling and construction of a new dwelling is proposed in an existing, geographically definable residential community which is largely developed or built out with similar structures. When applied to beachfront development, this situation consists of an existing linear community of beach fronting residences where the vast majority of lots are developed with residential dwellings and relatively few vacant lots exist. Infill development can occur only in instances where roads and other services are already existing and available within the developed community or stretch of beach. Infill development shall not apply to the construction of a shoreline protective device.

INFILTRATION -

the downward entry of water into the surface of the soil.

INSTITUTIONAL DEVELOPMENT -

any development on public or private land that is intended for public and quasi-public uses and facilities such as emergency communications and services, libraries, museums, maintenance yards, educational (private and public) and religious institutions, community centers, parks and recreational facilities, and governmental facilities including police and fire stations.

INTENSIFICATION OF USE -

a change of use, degree of use or increase in size (area) of a use.

KENNEL -

an establishment in which three or more dogs or domesticated animals more than four months old are housed, groomed, bred, boarded, trained, or sold.

KITCHEN -

a room or space within a building intended to be used for the cooking and preparation of food.

LAND DIVISION -

includes subdivisions (through parcel map, tract map, grant deed or any other method), lot line adjustments, redivisions, mergers and certificates of compliance (except as provided in LUP Policy 5.40).

LIFE OF THE PROJECT -

shall be one hundred (100) years.

LIMITED DURATION -

a period of time which does not exceed a two week period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis;

LIMITED EQUITY COOPERATIVE -

a corporation organized pursuant to the California Health and Safety Code and the California Business and Professionals Code.

LIVING AREA -

the interior habitable area of a dwelling unit, including basements and attics but does not include a garage or accessory structures.

LOFT -

see MEZZANINE.

LOT -

a designated parcel, tract or area of land consisting of a contiguous quantity of land in one ownership established by plot, subdivision, or as otherwise permitted by law.

LOT AREA -

the total area within the lot lines of a lot, excluding any street rights of way.

LOT, CORNER -

a lot or parcel of land situated at the intersection of to or more parkways, highways or streets, which parkways, highways or streets have an angle or intersection measured within said lot or parcel of land of not more than one hundred thirty-five (135) degrees.

LOT, FLAG -

a lot or parcel of land taking access by a strip, owner of which lot or parcel of land has fee-simple title to said strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.

LOT, INTERIOR -

a lot or parcel of land other than a corner or flag lot.

LOT, KEY -

an interior lot adjoining the rear lot line of a reversed corner lot.

LOT LINE -

a boundary line of a lot or a parcel of land.

LOT LINE, FRONT -

a line separating the front yard from the parkway, highway or street upon which the yard fronts; or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from said adjoining lot.

LOT LINE, REAR -

a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot the rear lot line shall mean a line ten (10) feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.

LOT LINE, SIDE -

any lot boundary line which is not a front lot line, or a rear lot line.

LOT, REVERSED CORNER -

a corner lot, the parkway, highway or street side of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said lot.

LOT, THROUGH -

a lot having frontage on two parallel or approximately parallel parkways, highways and/or streets.

LOW INCOME HOUSEHOLD -

a household whose income does not exceed eighty (80) percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50079.5 of the California Health and Safety Code.

LOWER INCOME HOUSEHOLDS -

include persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. Lower income households include Very-Low Income Households, as defined in Section 50105 of the California Health and Safety Code, and Extremely-Low Income Households, as defined in Section 50106 of the California Health and Safety Code.

MAJOR PUBLIC WORKS AND MAJOR ENERGY FACILITIES -

facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624. Notwithstanding the criteria above, "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

MANAGER -

refers to the Planning Manager of the City of Malibu or his/her designated appointee.

MANUFACTURING -

manufacturing activities include apparel and other garment products, furniture and fixtures, printing both commercial and industrial, leather products, pottery, glass blowing and the measuring, analyzing, and controlling instruments, photographic, medical and optical goods and the like.

MATERIAL -

any substance including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

MEZZANINE -

an intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total of any such mezzanine floor exceeds thirty-three and one third (33-1/3) percent of the total floor area in that room, it shall constitute an additional story. The clear height above or below a mezzanine floor shall not be less than 7 feet. No more than one continuous mezzanine may be permitted in any one room. A loft shall be considered a mezzanine.

MOBILE HOME PARK

means any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

MOBILE HOME SPACE

means any area designated, designed or used for the occupancy of one mobile home on a temporary, semi-permanent or permanent basis.

MODERATE INCOME HOUSEHOLD -

a household whose gross income does not exceed one hundred twenty percent (120%) of the area median for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Sections 50079.5 and 50052.5 of the California Health and Safety Code.

MOTEL -

A facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.

MOTOR VEHICLE REPAIR FACILITIES -

the use of any building, premises or land in which or upon which the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.

MOTOR VEHICLE SALES FACILITIES -

the use of any building, premises or land for the display and sale and/or lease of new or used automobiles, light trucks, vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.

MOTOR VEHICLE WASHING FACILITY -

any building or premise or portion thereof used for washing motor vehicles.

MULTI-FAMILY RESIDENCE -

a building or portion thereof used for occupancy by two or more families living independently of each other and containing three or more dwelling units.

MUNICIPAL NPDES PERMIT -

the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles" (Order No. 01-182), dated December 13, 2001, issued by the California Regional Water Quality Control Board-Los Angeles Region, and any successor permit to that permit.

MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 or STORM DRAIN SYSTEM -

streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of storm water.

NARROW RESIDENTIAL LOT -

any residentially zoned lot with a width of forty feet (40') or less.

NEIGHBORHOOD-SERVING CONSTRUCTION SERVICES -

Construction service companies including, but not limited to, paving, electrical, painting and plumbing contractors which provide construction support services primarily to local residents and business owners. Ancillary uses of such businesses may include outdoor storage and maintenance of equipment and materials used in the course of normal business operations.

NEW DEVELOPMENT -

For the purpose of this Chapter "New Development" is defined to mean land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. For purposes of implementing the public-access requirements of Public Resources Code Section 30212 and of this chapter, "new development" includes "development" as defined above except for the following:

Structures destroyed by natural disaster: The replacement of any structure, other than a public works facility, destroyed by a disaster; provided that the replacement structure conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent (10%), is sited in the same location on the affected property as the destroyed structure and does not extend the replacement structure seaward on a sandy beach or beachfronting bluff lot. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owners.

Demolition and reconstruction: The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten percent (10%), that the reconstructed residence shall be sited in the same location on the affected property as the former structure, that the reconstructed residence does not block or impede public access, that the reconstructed residence does not extend seaward of the demolished residence on a sandy beach or beachfronting bluff lot and that the reconstructed residence does not include or necessitate a shoreline protective device.

Improvements: Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede access, which do not result in a seaward encroachment by the structure and which do not include or necessitate a new or enlarged shoreline protective device.

Repair and maintenance: Repair or maintenance activity which, pursuant to Public Resources Code Section 30610(d) and California Code of Regulations Section 13252, requires no permit unless the activity will have an adverse impact on lateral public access along the beach.

Reconstruction and/or repair of a seawall, revetment, retaining wall or other shoreline protective device: The reconstruction or repair of any shoreline protective device; provided that the reconstructed or repaired shoreline protective device does not substantially alter the foundation of the protective device, does not result in the replacement of twenty percent (20%) or more of the materials of the existing structure with materials of a different kind, does not extend the protective device seaward of the location of the former structure. As used in this section, "reconstruction or repair" of a seawall shall not include replacement by a different type of structure or other modification in design or construction which results in different or greater impacts to public access or other shoreline resources than those of the existing structure.

NIGHTCLUBS -

any bar, cocktail lounge, discotheque, restaurant, or similar activity which includes alcoholic beverage service, dancing and/or entertainment, whether such activity is the principal business use or incidental to a primary use.

NON-PERMANENT STRUCTURES -

include, but are not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, movie/film sets, etc., which do not involve grading or landform alteration for installation any discharge to a Municipal Separate Storm Sewer System that is not composed entirely of storm water.

NPDES PERMIT -

any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES Permit pursuant to Water Code §§ 13370 (other than the Municipal NPDES Permit).

NURSERY SCHOOL -

a school of pre-elementary school age children which provides controlled activities and/or instruction.

NURSING HOME -

a facility licensed to provide full-time convalescence or care for persons with chronic illness or infirmity, or who are unable to care for themselves.

ONSITE -

any activity or item that is located on the lot which is the subject of discussion.

OPEN FENCING -

a barrier constructed of material which is transparent, such as glass or plastic panels, or wrought iron or other solid material which is ninety percent (90%) open to light and air. See also OPEN/PERMEABLE, NON-VIEW OBSCURING.

OPEN/PERMEABLE, NON-VIEW OBSCURING -

fencing constructed of material which is transparent, such as glass or plastic panels, or wrought iron or other solid material which is ninety percent (90%) open to light and air.

ORCHARD -

an area of land devoted to the cultivation of fruit or nut trees.

OUTDOOR DINING -

that portion of any restaurant or other eating establishment where seating is provided and food and/or beverages are served, on public or private property, where there is not a roof and walls on all sides of the seating area.

OUTDOOR STORAGE -

the keeping in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

PARKING LOT -

land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or more parking spaces.

PASSIVE RECREATIONAL USE -

any activity normally associated with beach use including, but not limited to, walking, jogging, swimming, sunbathing, picnicking, fishing, and surfing. This does not include use of the beach for organized sports activities, temporary events, or vehicular access, except for emergency or maintenance purposes.

PERMIT -

any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.

PERMITTED USE -

any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON -

any individual, firm, copartnership, partnership of any kind, joint venture, association, social club, fraternal organization, domestic or foreign corporation, estate, trust, business trust, receiver, syndicate, joint stock company, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination thereof.

PERSONAL SERVICES -

a business which provides a service, such as a beauty salon, a barber shop, hair, nail, massage services and tanning salons.

PHILANTHROPIC, CHARITABLE OR EDUCATIONAL NON-PROFIT ACTIVITY -

any activity of a non-commercial, non-political, and non-profit making nature.

PLANNING COMMISSION -

refers to the Planning Commission of the City of Malibu.

PLANNING VERIFICATION -

a ministerial verification by the Building or Planning Departments to determine for purposes of reconstruction the physical specifications of a structure destroyed or damaged by fire, earthquake, act of war or other calamity.

POLLUTANT -

those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. § 1362(6)) and incorporated by reference into California Water Code § 13373.

PRIMARY BUILDING -

the main building or structure in which the principal use of the lot on which it is situated is conducted, as distinguished from a secondary or accessory building or structure.

PRIMARY DEVELOPMENT PAD -

the main building pad, disturbed area, or development area which supported the primary building in which the principal use of the lot was situated or conducted, as distinguished from a secondary building pad or development area that is not attached to the main building pad or development area, for purposes of properties that were damaged or destroyed by a natural disaster. For beachfront lots, decks that were attached to the primary building shall be included in the primary development pad if replaced with another deck in the same footprint.

PRIMARY USE -

a principal or dominant use established, or proposed to be established, on a lot or parcel of land, as distinguished from a secondary or accessory use.

PROCESSING -

a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

PROFESSIONAL OFFICE -

the office of a member of a recognized profession maintained for the conduct of that profession.

PROPERTY LINE -

the recorded boundary of a parcel of land.

PROPORTIONATE SHARE OF APPRECIATION -

the ratio of the local government's Initial Subsidy as defined to the fair market value of the home at the time of initial sale (e.g. X (initial subsidy) / Y (fair market value) = Proportionate Share of Appreciation).

PROTECTED ZONE

of a tree protected under Section 5.2 of the Malibu LIP shall mean that area within the dripline of the tree and extending at least five feet beyond the dripline, or 15 feet from the trunk of the tree, whichever is greater.

PUBLIC TRUST LANDS -

all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include: tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.

PUBLIC UTILITY SERVICE CENTER -

any buildings or premises used for the administration of public utility repair, maintenance and installation crews, including parking for vehicles not to exceed two tons rated capacity, but not including warehouses or storage yards.

PUBLIC UTILITY SERVICE YARD -

any building or premises used for the office, warehouse, storage yard or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use.

PUBLIC VIEWING AREA -

a location along existing scenic public roads and trails or within public parklands or beaches where there are scenic views of the beach and ocean, coastline, mountains, ridgelines, canyons and other unique natural features or areas.

PUBLIC WORKS -

includes the following:

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

All community college facilities.

QUALIFYING RESIDENT -

a person sixty-two (62) years of age or older, or fifty-five (55) years of age or older in a senior citizen housing development, as defined in Section 51.2 of the California Civil Code.

RAINY SEASON -

the calendar period beginning November 1 through March 31.

RECREATION CLUB, COMMERCIAL -

a commercial enterprise offering the use of indoor or outdoor recreational facilities to the public.

RECREATION CLUB, PRIVATE -

an association of persons who are bona fide members, paying regular dues, and organized to provide indoor or outdoor recreational facilities for members and their guests, but not including an association organized primarily to render a service customarily carried on as a commercial enterprise.

RECREATION FACILITIES, NEIGHBORHOOD -

indoor and outdoor recreation facilities established by an association of persons who are bona fide members and operate as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity, but shall not include a restaurant or bar.

REDEVELOPMENT -

For the purpose of this Chapter, the term "Redevelopment" means, land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

REGIONAL BOARD -

the California Regional Water Quality Control Board-Los Angeles Region.

REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) -

the projected housing need by income category for the current planning period pursuant to Government Code Section 65583.2(h), as adopted by the Southern California Association of Governments in accordance with Government Code Section 65584.

RELIGIOUS FACILITIES -

churches, temples, or other places used exclusively for religious worship, including customary incidental educational, residential and social activities in conjunction therewith.

REMEDIAL GRADING -

grading recommended by a California Licensed Geologist that is necessary to mitigate a geotechnical hazard on a site (including access driveways), such as: (1) repair of a landslide; (2) over-excavation of a building site to remediate expansive or compressible soils; and/or (3) altering a building pad to improve site stability (usually by removing materials and lowering finish grade).

REMODEL -

the upgrade of the interior or exterior faces of a building or structure without altering the existing foundation, footprint or building envelope. Remodeling may include the replacement of exterior walls within the limitations described herein and according to the requirements of the Building Code provided that such remodeling can meet the standards for zone clearance or plot plan review.

RESEARCH AND EDUCATION -

when used as a permitted use, refers to scientific, teaching, and learning activities consistent with preservation of the resources subject to the research and educational purpose.

RESIDENTIAL CARE FACILITY FOR THE ELDERLY -

a housing arrangement chosen voluntarily by persons sixty (60) years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as provided in California Health and Safety Code Section 1569.2, as the same may be amended from time to time.

RESIDENTIAL CARE FACILITY, LARGE -

any family home or group care facility serving 7 or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

RESIDENTIAL CARE FACILITY, SMALL -

any family home or group care facility serving 6 or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities.

RESIDENTIAL COMMUNITY APARTMENT HOUSE -

a residential complex in which an undivided interest in the land either in fee simple or a term of years, is coupled with the right of exclusive occupancy in an apartment located therein.

RESIDENTIAL CONDOMINIUM -

an estate in real property consisting of an undivided interest in common in a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or a subleasehold.

RESIDENTIAL STOCK COOPERATIVE -

a residential complex which is owned, or is to be owned, by a corporation ("cooperative housing corporation") which is formed or availed of primarily for the purpose of holding title to, either in fee simply or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share of shares of stock or memberships in the corporation held by the person having such right of occupancy.

RESTAURANT -

a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812).

RESTAURANT, CARRY OUT -

any restaurant with prepared food or quickly cooked food for consumption onsite at provided seats and tables or for take out. Such restaurants are characterized generally by a limited menu, disposable wrapping for food and rapid turnover in customers.

RESTRICTED UNIT -

a dwelling unit that is affordable to very-low, low-, and moderate-income persons.

RETAIL GASOLINE OUTLET -

any facility engaged in selling gasoline and lubricating oils.

RIDGELINE, PRIMARY -

a hill, ridge or promontory which drops on either side of the top of this landform feature, and includes at least one of the following conditions: (1) forms a distinct part of the skyline when viewed from a public street or highway; or (2) is seen as a distinct and prominent edge against a backdrop of land at least five hundred feet (500′) behind it when viewed from a public street and contains an average slope of at least 3:1.

RIDGELINE, SECONDARY -

a hill, ridge, or promontory other than a primary ridgeline, but on which the elevation drops more than ten feet (10′) in one hundred feet (100′) horizontally on either side of the top of this landform feature.

ROOM -

an enclosed area which is designed, used or intended to be used as sleeping accommodations for any person(s), and which does not contain a bar sink and/or gas/electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by the Malibu Zoning Ordinance.

ROOM, GUEST -

one which is designed, used or intended to be used as a temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by the Malibu Zoning Ordinance.

SANDY BEACH AREA -

includes publicly owned and privately owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest.

SCENIC AREA -

places on, along, within, or visible from scenic public roads, trails, beaches, and parklands that offer scenic vistas of the beach and ocean, coastline, mountains, canyons and other unique natural features or areas.

SCENIC ROAD -

those public roads within the City that traverse or provide views of areas with outstanding scenic qualities, that contain striking view of natural vegetation, geology, and other unique natural features, including the mountains, canyons, ridgelines, beach and ocean.

SCHOOL -

any building or part thereof which is designed, constructed or used for education or instruction, whether public or private, in any branch of knowledge.

SEA -

the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.

SEA CLIFF -

a cliff or slope produced by wave action, situated at the seaward edge of the coast or the landward side of the wave-cut platform, and marking the inner limit of beach erosion.

SECONDARY DEVELOPMENT PAD -

a building pad, disturbed area, or development area that is not connected to a primary development pad other than by a driveway or walkway.

SECOND UNIT -

an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family dwelling is situated. The maximum living area of a second unit shall not exceed nine hundred (900) square feet, including any mezzanine or storage space. A second unit may include a garage not to exceed four hundred (400) sq. ft. The square footage of the garage shall not be included in the maximum living area.

SEDIMENT BASIN -

a basin constructed to collect and store debris or sediment.

SENIOR CITIZEN HOUSING DEVELOPMENT -

a residential development developed, substantially rehabilitated or renovated, and having at least thirty-five (35) dwelling units for senior citizens in compliance with the requirements of Sections 51.3 and 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Sections 798.76 or 799.5 of the California Civil Code.

SENSITIVE FACILITIES -

those facilities which may by nature of their occupants be inhibited in their rapid evacuation capabilities, such as nursing homes, senior citizens' housing and other low-mobility uses; and commercial and industrial facilities containing hazardous materials or potentially hazardous operations requiring safe shut-down procedures.

SETBACK -

the distance between the parcel line and a building not including permitted projections.

SHADE STRUCTURE -

a structure with a temporary or permanent roof or a covering made of or supporting plants or vines which is designed to provide shelter from the heat or glare of the sunlight.

SHALLOW RESIDENTIAL LOT -

any residentially zoned lot with a depth of one hundred feet (100') or less.

SINGLE-ROOM OCCUPANCY FACILITY -

a structure that provides living units that have separate sleeping areas and may have private or some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents.

SINGLE-ROOM OCCUPANCY UNIT -

a room that is used, intended or designed to be used by no more than two persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom.

SITE COVERAGE -

the horizontal area measured at the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

SITE DESIGN BMP -

any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime.

SOURCE CONTROL BMP -

any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

SPECIAL EVENT -

a significant occurrence or happening which is arranged for a particular occasion or purpose.

STAND -

a structure for the display and sale of products with no space for customers within the structure itself.

STANDARD URBAN STORM WATER MITIGATION PLAN or SUSMP -

the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Los Angeles Regional Water Quality Control Board on March 8, 2000, and any updates or amendments approved thereafter by the Los Angeles Regional Water Quality Control Board.

STORM WATER MANAGEMENT PLAN -

a plan which shall be required in connection with any new development for the purposes of construction erosion control, runoff detention to control runoff rate to predevelopment levels, and runoff retention or other treatment measures to prevent dry-weather pollution from entering the storm drain system.

STORM WATER RUNOFF -

that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the Municipal Separate Storm Sewer System or receiving waters from impervious, semi-pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases.

STORY -

that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. A basement shall not be considered a story if the finished first floor does not exceed 3 feet above the average natural grade of the parcel. An unfinished attic shall not be considered a story. A mezzanine shall be considered a story if it is not open to the floor below, if it contains any enclosed rooms, bathrooms, closets, and the like, or if it contains more than 33-1/3% of the total floor area of the room(s) onto which it opens.

STREAM -

is a topographic feature that at least periodically conveys water through a bed or channel having banks. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.

STREET -

a public or private right-of-way, major or secondary highway or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

STRINGLINE RULE -

a development standard used to establish beachfront structure setbacks.

STRUCTURAL BMP -

any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). Structural BMPs may include both Treatment Control BMPs and Source Control BMPs.

STRUCTURE -

anything construed or erected which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

SUBMERGED LANDS -

all lands that lie below the line of mean low tide.

SUPPORTIVE HOUSING -

a building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a "target population", and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

TARGET POPULATION -

persons or families who are "homeless" (as that term is defined by Section 11302 of Title 42 of the United State Code), or who are "homeless youth" (as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless" as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.

TEMPORARY EVENT -

is: (1) an activity or use that constitutes development as defined in Section 30106 of the Coastal Act but which is an activity or function which is or will be of limited duration and involves the placement of non-permanent structures such as bleachers, vendor tents/canopies, portable toilets, stages, film sets, etc., and/or involve exclusive use of sandy beach, parkland, filled tidelands, water, streets, or parking areas in temporary facilities, public or private buildings or open spaces, or outside of buildings which are otherwise open and available for general public use; or (2) an activity as defined in section (1) that involves any commercial component such as: admission fee, renting of facility, charging for valet parking or shuttle service and/or public advertising.

TEMPORARY STRUCTURE -

a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TERRACE -

an earthen embankment, a channel, or combination ridge and channel constructed across the slope.

THEATER -

an enclosed building used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. This definition shall include auditorium.

TIDELANDS -

all lands which are located between the lines of mean high tide and mean low tide.

TOTAL DEVELOPMENT SQUARE FOOTAGE -

the calculation of the interior space of the primary and accessory structures (including interior and exterior walls). Accessory structures shall include, but are not limited to, guest houses, garages, barns, sheds, gazebos, cabanas. Decks, terraces and balconies shall not be included in total square footage calculations when they are a part of a primary or accessory structure and are open on all sides.

TRANSITIONAL HOUSING -

a building or buildings configured as rental housing development occupied by the "target population", but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

TREATMENT -

the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

TREATMENT CONTROL BMP -

any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

TREE -

a plant having at least one well defined stem or trunk and normally attaining a mature height of at least fifteen feet (15′), and having a trunk that shall be kept clear of leaves and branches at least six feet (6′) above grade at maturity.

TREE, 15-GALLON -

a fifteen (15) gallon container tree shall be no less than one inch caliper and at least six feet (6′) in height above grade at the time of planting.

TREE, 24-INCH BOX -

a twenty-four inch (24″) box tree shall be no less than one and three quarters inch (1-3/4″) caliper and at least seven feet (7′) in height above grade at the time of planting.

TREE REMOVAL -

the destruction or displacement of a tree by cutting, bulldozing, or other mechanical or chemical method which results in physical transportation of the tree from its site and/or death of the tree.

TRELLIS -

A frame supporting open latticework, typically used for training vines and other climbing plants.

UPLAND LIMIT OF A WETLAND -

is: (1) the boundary between land with predominately hydrophytic cover and land with predominately mesophytic or xerophytic cover; (2) the boundary between soil that is predominately hydric and soil that is predominately nonhydric; or (3) in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.

URBAN RUNOFF -

surface water flow produced by non-storm water resulting from residential, commercial, and industrial activities involving the use of potable and non-potable water.

USE -

the purpose or activity for which land or a structure is designed, arranged, intended, occupied or maintained.

VERY-LOW INCOME HOUSEHOLD -

a household whose income does not exceed fifty (50) percent of the area median income for Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50105 of the California Health and Safety Code.

VINEYARD -

a plantation of grapevines where wine grapes are produced.

WALLS -

see FENCES.

WAREHOUSING -

the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.

WETLAND -

is defined by Section 30121 of the Coastal Act as lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. The definition of wetland is further detailed by Section 13577 (b)(1) of the California Code of Regulations as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to vegetated wetlands or deep-water habitats.

WHEEL STOP -

a physical barrier sufficient in size and shape to prevent the movement of automobiles or other vehicles over or past such barrier.

WHOLESALE -

establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

YARD -

an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by the Malibu Zoning Ordinance.

YARD, FRONT -

a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the highway line of the parkway, highway or street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.

YARD, REAR -

a yard extending across the full width of the lot or parcel of land. The depth of the required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

YARD, SIDE, CORNER -

a yard bounded by a parkway, highway or street, extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the highway line of the parkway, highway or street on which the property sides, and a line parallel thereto on the lot or parcel of land.

YARD, SIDE, INTERIOR -

a yard extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.

ZERO LOT LINE -

the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

ZONING ORDINANCE -

Title 17 of the City of Malibu Municipal Code.

ANSI/IEEE STANDARDS -

American National Standards Institute. A private organization that develops widely accepted standards for many pieces of modern day equipment.

ANTENNA -

A typically metallic device used for radiating or receiving radio waves.

ANTENNA, BUILDING MOUNTED SITES -

Antennae which are located and/or mounted on an existing building's exterior walls.

ANTENNA EQUIPMENT -

A cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna.

ANTENNA, GROUND MOUNTED SITES -

Antennae which are located and/or mounted on a pole, attached to the ground level and are, otherwise, freestanding. These antennae do not use a building or ancillary structures for mounting purposes.

ANTENNA HEIGHT -

The vertical distance from the existing or proposed grade, whichever is lower, to the top of the antenna or its support structure.

ANTENNA, ROOF-MOUNTED -

An antenna, and its associated support structure, that is attached to a roof of a building or similar structure.

CO-LOCATION -

is the location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other types of facilities including, but not limited to, water tanks, light standards, out-buildings and other utility facilities and structures.

EQUIPMENT CABINET -

is a cabinet, structure or building used to support equipment associated with a wireless communication facility.

FACILITY -

as used in chapters addressing wireless telecommunications antennae and facilities refers to a Wireless Telecommunications Facility.

FEDERAL COMMUNICATION COMMISSION (FCC) -

is a United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite and cable.

MONOPOLE -

is a single, freestanding pole, post or similar structure over fifteen (15) feet in height used to support equipment associated with a wireless communication facility.

PERSONAL COMMUNICATION SERVICES (PCS) -

Federal Communication Commission (FCC) terminology describing intelligent, digital wireless, personal two-way communication systems. A broad range of telecommunications services that enable people and devices to communicate independent of location. PCS networks and devices operate over a wide range of frequencies assigned and authorized by the FCC.

RIGHT-OF-WAY -

as used in chapters addressing wireless telecommunications antennae and facilities refers to property that is owned and controlled by the City.

SERVICE PROVIDER -

as used in chapters addressing wireless telecommunications antennae and facilities means any authorized provider of wireless communications services.

SILHOUETTE -

as used in chapters addressing wireless telecommunications antennae and facilities means a representation of the outline or profile of the antenna associated with a telecommunication facility, as seen from an elevation perspective.

WIRELESS TELECOMMUNICATIONS ANTENNAS -

A device used to transmit and/or receive radio or electromagnetic waves between terrestrial and/or orbital based systems, including, but not limited to, directional, omni-directional and parabolic antennas. This excludes non-commercial antennas, radio and television signals, and non-commercial satellite dishes.

WIRELESS TELECOMMUNICATIONS FACILITIES -

An installation that sends and/or receives radio frequency signals, including, but not limited to, directional, omni-directional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, cabinets, equipment rooms, accessory equipment and other structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas.

ADVERTISING DEVICE

means any balloon, flag, pennant, or propeller; oscillating, rotating, or pulsating light; or other contrivance except a sign used to attract attention for the purpose of promoting the sale of products.

ADVERTISING DISPLAY

means any device, contrivance, statue, structure or sign used as a display, regardless of size or shape, for the purpose of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display.

AREA, SIGN

means the area of a sign within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one (1) exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at any one (1) time. The supports, uprights, or structures on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display.

BUSINESS SIGN

means a sign displaying information pertaining to goods, services, or entertainment offered or produced by the business located on the same property as the business sign, but not including advertising devices or advertising displays.

COMBINATION SIGN

means any sign incorporating any combination of the features of freestanding, projecting and roof signs.

CONSTRUCTION SIGN

means a temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers.

DIRECTIONAL SIGN

means an onsite sign on private property, the sole purpose of which is to direct the flow of traffic, transmit parking information or convey similar such information.

EXTERNALLY LIGHTED

means the immediate source of illumination is not enclosed by the surface of the sign structure.

THE FACE OR WALL OF A BUILDING

means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

FREESTANDING POLE SIGN

means a sign supported by uprights or braces placed upon or into the ground and detached from any building.

HEIGHT OF A SIGN

means the greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign.

IDENTIFICATION SIGN

means a sign limited to the identifying name, symbol or insignia, or any combination thereof, of a building, use or persons occupying the premises on which the sign is located.

INFORMATIONAL SIGN

means a sign stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature.

INTERNALLY LIGHTED

means the immediate source of illumination is completely enclosed by the surface of the sign structure.

MONUMENT SIGN

means a low-profile ground sign incorporating the design and building material of the primary use of the property. No poles for the support of the sign face shall be permitted, and the base of such sign shall be at least fifty (50) percent of the dimension of the width of the sign face.

NAMEPLATE

means a sign stating only the name of the occupant and his or her occupation or specialty.

NEON SIGN

means an illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube which is bent to form letters, symbols or other shapes.

NONCONFORMING SIGN

means any existing and lawfully established or lawfully authorized sign that does not conform to the policies and development standards of the certified Malibu LCP, or any subsequent amendments thereto.

OUTDOOR ADVERTISING DISPLAY, STRUCTURE OR SIGN

means a sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. This shall also mean a billboard.

PRICE SIGN

means a sign limited to the name or identification of items, products or services offered for sale on the premises and the price of the items or products.

PORTABLE OR MOVABLE SIGN

means any sign which is intended to be movable or capable of being moved, whether or not on wheels or other special supports, including but not limited to "A frame" type signs. Portable or movable signs also include placards, signs, banners or similar devices attached to vehicles for advertising purposes, unless such devices are an integral part of such vehicle used in the normal course of business. This definition does not include real estate advertising signs or political signs.

PROJECTING

means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward more than six (6) inches therefrom.

REAL ESTATE SIGN

means a temporary sign advertising the sale, lease, or rental of the property upon which it is located, and the identification of the person or firm handling such sale, lease, or rental.

RIGHT-OF-WAY, PRIVATE

means an off-street parking area for a business or group of businesses that does not abut a public right-of-way and is not located within two hundred (200) feet of any property zoned for residential uses.

ROOF SIGN

means a sign affixed on, above, or over the roof of any building so that it projects more than three (3) feet above the lowest point of the roof of such building.

SUBDIVISION DIRECTIONAL SIGN

means an off-site sign used for the purpose of providing travel directions to a subdivision development offered for sale or lease for the first time.

SINGLE PURPOSE BUILDING

means a building used by one (1) occupant for an individual business.

VEHICLE-RELATED PORTABLE FREESTANDING SIGN

means a portable sign affixed to or inside a vehicle for the purpose of directing people to a business in close proximity to where the vehicle is parked.

WALL SIGN

means a sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending more than three (3) feet above the lowest point of the roof of such building or structure.

WINDOW SIGN

means a sign directing attention to the principal business, profession or industry attached to or within three (3) feet of the inside of the window upon the premises where the sign is displayed, or to the type of products sold, manufactured or assembled, or to services or entertainment offered on said premises.

CEQA

shall mean the California Environmental Quality Act which shall be the statutory reference for those portions of this Chapter drawn therefrom.

CULTURAL RESOURCE SENSITIVITY MAP

shall mean a map developed by the Director showing the location of culturally sensitive areas.

CULTURALLY SENSITIVE AREAS

shall mean areas identified on the Cultural Resource Sensitivity Map as an area where important cultural resources exist.

IMPORTANT CULTURAL RESOURCE

may include, but not be limited to, the following criteria:

Has a special quality such as oldest, best example, largest, or last surviving example of its kind; or

Is at least 100 years old; or

Significant to Chumash prehistory or history;

Contains burial or other significant artifacts;

Is an archeologically undisturbed site;

Has important archeological significance;

Relates to significant events or persons;

Listed on Cultural Resources Sensitivity Map;

Of specific local importance;

Contains traditional sacred ground (including traditional ceremonial material gathering site);

Contains burials;

Contains sacred and/or significant artifacts.

PROJECT

shall include any earth moving requiring a planning clearance, development permit, geological/geotechnical exploratory excavation permit, sewer permit, building permit, or grading permit. The term shall include government-initiated or funded works except those projects necessary for emergency purposes.

QUALIFIED ARCHAEOLOGIST

shall mean a professional archaeologist included as a person qualified by or on the registry of Professional Archeologist of the Society for American Archeology who has a minimum of three years at the supervisory level.

QUALIFIED CHUMASH CULTURAL RESOURCES MONITOR

shall mean a Native American of Chumash descent who:

Submits verifiable evidence, approved by the Planning Manager, that he/she is of Chumash descent or is a Native American member of the Chumash community. Being listed as Chumash "most likely descendent" by the California Native American Heritage Commission may satisfy these criteria.

Submits verifiable evidence, approved by the Planning Manager, indicating that he/she has a minimum of thirty (30) days of on site experience monitoring Chumash cultural resource sites.

REGIONAL HISTORICAL RESOURCES INFORMATION CENTER

shall mean the South Central Coastal Information Center, at the Institute of Archaeology, University of California, Los Angeles.

(Ord. 303 § 3, 2007; Ord. 373 § 3, 2013; Ord. 393 § 4, 2015; Ord. 449 § 4, 2019; Ord. 461 § 6, 2020; Ord. 524, 3/12/2025)