Malibu Municipal Code Ch. 3 Zoning Designations and Permitted Uses

1. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

2. Where a district boundary divides a lot, the location of such boundary, unless indicated by dimension, shall be determined by the use of the scale appearing on the Zoning Map.

3. In case any uncertainty exists, the Director shall determine the location of boundaries.

4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to such vacated or abandoned street or alley.

The City of Malibu is hereby divided into the following zoning districts:

TABLE A: City of Malibu Zoning Districts

A. Rural Residential (RR) Zone

1. Purpose. The RR District is intended for sensitively designed, large lot single family residential development, with agricultural uses and animal keeping which respects surrounding residents and the natural environment as accessory uses. This district incorporates a variety of natural resources and amenities.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the RR District shall comply with the following criteria:

a. Minimum Lot Area. The minimum lot area for each parcel located in the RR District shall be based on the corresponding designation found on the Zoning Map as follows:

i. RR-40: 40 acre minimum area

ii. RR-20: 20 acre minimum lot area

iii. RR-10: 10 acre minimum lot area

iv. RR-5: 5 acre minimum lot area

v. RR-2: 2 acre minimum lot area

vi. RR-1: 1 acre minimum lot area

b. Minimum Lot Width: 150 feet

c. Minimum Lot Depth: 250 feet

4. Site Development. In addition to the regulations contained in this Chapter, all uses in the RR District shall be subject to the applicable standards located in the Malibu LIP.

B. Single Family (SF) Zone

1. Purpose. The SF District will serve the majority of the City's single-family residential parcels. The intent of this District is to enhance the rural characteristics of the community by maintaining low density residential development in a manner which respects surrounding property owners and the natural environment.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the SF District shall comply with the following criteria:

a. Minimum Lot Area. All new parcels created within the SF District shall comply with the minimum corresponding SF designation indicated on the Zoning Map as follows:

i. SF-L: 0.5 unit per acre

ii. SF-M: 1 unit per 0.25 acre

1. Beachfront: 1 unit per 0.25 acre

b. Minimum Lot Width: 80 feet

1. Beachfront Minimum Lot Width: 45 feet

c. Minimum Lot Depth: 120 feet

1. Beachfront Minimum Lot Depth: 120 feet

d. The single family unit allowed on a SF parcel may be transferred to an adjacent MFBF parcel if the MFBF parcel and adjacent SF parcel are combined through a lot merger. All uses and development on the merged parcel shall be subject to all applicable standards of the Malibu LIP.

4. Site Development. In addition to the regulations contained in this Chapter, all uses in the SF District shall be subject to the applicable standards located in the Malibu LIP.

C. Multiple Family Residential (MF) Zone

1. Purpose. The MF District consists of existing multi-family development in the City and is intended to provide for a variety of residential opportunities ranging from single-family to multiple-family and residential uses at a moderate density range.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the MF District shall comply with the following criteria:

a. Minimum Lot Area: 20,000 sq. ft. per lot unless otherwise provided in Chapter 15 (Subdivisions) of the Malibu Local Implementation Plan

b. Minimum Lot Width: 100 feet

c. Minimum Lot Depth: 150 feet

d. Maximum Density: 6 units per acre

4. Site Development Standards. In addition to the regulations contained in this Chapter, all uses in the MF District shall be subject to the applicable standards located in the Malibu LIP.

D. Multi-Family Beach Front (MFBF) Zone

1. Purpose. The MFBF District provides standards for development on beachfront lots in the City and is intended to provide for a variety of residential opportunities ranging from single-family to multiple-family.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the MFBF District shall comply with the following criteria:

a. Minimum Lot Area: 5,000 sq. ft. per lot unless otherwise provided in Chapter 15 (Subdivisions) of the Malibu LIP

b. Minimum Lot Width: 50 feet

c. Minimum Lot Depth: 100 feet

d. Units per Lot: 1 unit per 1,885 sq. ft. of lot area, not to exceed 4 units.

e. The units per lot may be increased by one unit if a MFBF parcel and an adjacent SF parcel are combined through a lot merger. All uses and development on the merged parcel shall be subject to all applicable standards of the Malibu LIP.

4. Site Development Standards. In addition to the regulations contained in this Chapter, all uses in the MFBF District shall be subject to the applicable standards located in located in the Malibu LIP.

E. Mobilehome Residential Zone (MHR)

1. Purpose. The MHR District is intended to accommodate the existing mobilehome parks within the City by establishing a specific zoning district enabling the operation of these sites and recognizing their contribution to the mix of housing types in the City.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Development Standards

a. Any proposed modifications to an existing mobilehome shall comply with all applicable development and building code provisions required by this Code and by State Law.

b. Additional requirements may be imposed as a condition of approval of a Conditional Use Permit.

F. Commercial Recreation (CR) Zone

1. Purpose. The CR District establishes a zone for facilities open to the public that are utilized for low intensity recreational and athletic activities characterized by large open spaces with limited building coverage; such as, hiking, horseback riding, summer camps, boarding of horses and domestic animals, tennis, swimming, gymnastics, bicycling, and other similar type activities, and open space and facilities utilized for these activities.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Development Standards. All new lots created within the CR District shall comply with the following criteria:

a. Minimum Lot Size: 1 acre

b. Minimum Lot Width: 100 feet

c. Minimum Lot Depth: 150 feet

d. Structures shall be limited to 18 feet in height, except as otherwise provided for in Section 13.27 of the Malibu LIP.

G. Business-Professional Office Zone (BPO)

1. Purpose. The BPO District is intended to provide appropriately located areas to be used for the offices needs of the community.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the BPO District shall comply with the following criteria:

a. Minimum Lot Area: 2 acres

b. Minimum Lot Width: 200 feet

c. Minimum Lot Depth: 350 feet

H. Commercial Neighborhood (CN) Zone

1. Purpose. The CN District is intended to provide for low intensity commercial activity emphasizing service to the residents in the surrounding neighborhoods. This District establishes standards which ensure that the types of uses and development pattern maintain compatibility with nearby and adjacent residential areas.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Development Criteria. All new lots created within the CN District shall comply with the following criteria:

a. Minimum Lot Area: 2 acres

b. Minimum Lot Width: 200 feet

c. Minimum Lot Depth: 350 feet

I. Community Commercial (CC) Zone

1. Purpose. The CC District is intended to provide for the resident serving needs of the community similar to the CN District, but on parcels of land more suitable for concentrated commercial activity.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the CC District shall comply with the following criteria:

a. Minimum Lot Area: 5 acres

b. Minimum Lot Width: 300 feet

c. Minimum Lot Depth: 500 feet

J. Commercial Visitor Serving - 1 Zone (CV-1)

1. Purpose. The CV-1 District is intended to provide for visitor serving uses, including motels and bed and breakfast inns, which serve visitors and residents that are designed to be consistent with the rural character and natural environmental setting.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the CV-1 District shall comply with the following criteria:

a. Minimum Lot Area: 5 acres

b. Minimum Lot Width: 300 feet

c. Minimum Lot Depth: 500 feet

K. Commercial Visitor Serving - 2 Zone (CV-2)

1. Purpose. The CV-2 District is intended to provide for visitor serving uses, including hotels serving visitors and residents, that are designed to be consistent with the rural character and natural environmental setting.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the CV-2 District shall comply with the following criteria:

a. Minimum Lot Area: 5 acres

b. Minimum Lot Width: 300 feet

c. Minimum Lot Depth: 500 feet

L. Commercial General (CG) Zone

1. Purpose. The CG District establishes a zoning district for commercial uses oriented along Pacific Coast Highway (PCH). Uses include a wider range of resident and visitor serving uses.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created within the CC District shall comply with the following criteria:

a. Minimum Lot Area: 5 acres

b. Minimum Lot Width: 300 feet

c. Minimum Lot Depth: 500 feet

M. Public Open Space (OS) Zone

1. Purpose. The OS District provides for publicly owned land which is dedicated to recreation or preservation of the City's natural resources, including public beaches, park lands, and preserves.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

N. Institutional (I) Zone

1. Purpose. The I District accommodates public and quasi-public uses and facilities in the City. This District includes emergency communications and services, libraries, museums, maintenance yards, educational, (private and public) and religious institutions, community centers, parks, and recreational and governmental facilities.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria

a. All new lots created within the I District shall comply with the following criteria:

i. Minimum Lot Area: 0.5 acres

ii. Minimum Lot Width: 80 feet

iii. Minimum Lot Depth: 125 feet

b. In addition to the regulations contained in this chapter, all uses in the I District shall be subject to the applicable standards specified in the Malibu LIP.

O. Private Recreational Facilities (PRF) Zone

1. Purpose. The PRF District is intended to provide for private recreational facilities whose members receive membership through deeded rights, property rights, or membership.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created in the PRF District shall comply with the following criteria:

a. Minimum Lot Area: 0.5 acres

b. Minimum Lot Width: 80 feet

c. Minimum Lot Depth: 125 feet

P. Recreational Vehicle Park (RVP) Zone

1. Purpose. The RVP District is intended to provide for recreational vehicle parks.

2. Permitted and Conditionally Permitted Uses. Refer to Table B (Permitted Uses).

3. Lot Development Criteria. All new lots created in the RVP District shall comply with the following criteria:

a. Minimum Lot Area: 10 acres

b. Minimum Lot Width: 300 feet

c. Minimum Lot Depth: 500 feet

Q. Planned Development (PD) Zone

1. Purpose. The PD District is intended to provide for a mix of residential and recreational development, consistent with the PD Land Use Designation in chapter 5 (Section C.2) of the Land Use Plan consisting of five single-family residences and 1.74 acres of recreational area located east of Malibu Bluffs Park and south of Pacific Coast Highway. The PD District consists of the land designated as Assessor Parcel Numbers (APNs) 4458-018-019, 4458-018-002, and 4458-018-018, known as Malibu Coast Estate, and formerly known as the "Crummer Trust" parcel.

2. Permitted Uses. The uses and structures permitted in Malibu Coast Estate are as follows. Lot numbers are as identified on the "Malibu Coast Estate Planned Development Map 1" of this LIP.

a. Lot Nos. 1—5

i. One single-family residence per lot.

ii. Accessory uses (one second unit or guest house per lot, garages, swimming pools, spas, pool houses, cabanas, water features, gazebos, storage sheds, private non-illuminated sports courts, noncommercial greenhouses, gated driveways, workshops, gyms, home studios, home offices, and reasonably similar uses normally associated with a single-family residence, as determined by the Planning Director).

iii. Domestic animals, kept as pets.

iv. Landscaping.

b. Lot No. 6

i. Uses and structures maintained by either the owners of Lots 1—5 or the homeowners' association formed to serve the residential development within Malibu Coast Estate, including a guard house, private access road, gates (including entry gates), fencing, visitor parking, landscaping, guardhouse parking, community utilities, informational and directional signage, private open space, lighting and wastewater treatment facilities serving uses within Malibu Coast Estate.

c. Lot No. 7

i. Parks and public open space, excluding community centers.

ii. Active and passive public recreational facilities, such as ball fields, skate parks, picnic areas, playgrounds, walkways, restrooms, scoreboard, sport court fencing, parking lots, and reasonably similar uses as determined by the Planning Director. Night lighting of recreational facilities shall be prohibited, except for the minimum lighting necessary for public safety.

iii. Onsite wastewater treatment facilities.

3. Lot Development Criteria. All new lots created in Malibu Coast Estate shall comply with the following criteria:

a. Lot Nos. 1—5

i. Minimum lot area: 113,600 square feet (2.60 acres).

ii. Minimum lot width: 115 feet.

iii. Minimum lot depth: 480 feet.

b. Lot No. 6

i. Minimum lot area: 125,700 square feet (2.88 acres).

ii. Minimum lot width: 625 feet.

iii. Minimum lot depth: 100 feet.

c. Lot No. 7

i. Minimum lot area: 75,640 square feet (1.74 acres).

ii. Minimum lot width: 460 feet.

iii. Minimum lot depth: 100 feet.

4. Property Development and Design Standards. Development in Malibu Coast Estate shall be subject to all applicable standards of the Malibu LIP, unless otherwise indicated in this LIP Section 3.3(Q). The following development standards shall replace the corresponding development standards otherwise contained in each noted LIP Section for those lots in Malibu Coast Estate.

a. Lot Nos. 1—5

i. Development Footprint and Structure Size (Replaces corresponding standards in LIP Section 3.6(K))

a) The total development square footage (TDSF) on each of Lot Nos. 1—5 shall not exceed the following square footage per lot:

Lot 1 – 10,052 sq. ft.

Lot 2 – 9,642 sq. ft.

Lot 3 – 9,434 sq. ft.

Lot 4 – 9,513 sq. ft.

Lot 5 – 10,990 sq. ft.

b) Combinations of Basements, Cellars and/or Subterranean Garages. If any combination of basements, cellars, and/or subterranean garages is proposed, the initial one-thousand (1,000) square feet of the combined area shall not count toward TDSF. Any additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed.

c) Covered areas, such as covered patios, eaves, and awnings that project up to six feet from the exterior wall of the structure shall not count toward TDSF; if the covered areas project more than six feet, the entire covered area (including the area within the six foot projection) shall be included in TDSF.

d) The development footprint on each lot (Lot Nos. 1—5) shall substantially conform to that indicated on "Malibu Coast Estate Planned Development Map 1" of this LIP. Structures on Lot 5 shall be setback a minimum of 190 feet from the edge of the bluff as identified on "Malibu Coast Estate Planned Development Map 1" in order to ensure that impacts to public views of the eastern Malibu coastline as seen from Malibu Bluffs Park are minimized. The structural setback on Lot 5 does not apply to at grade improvements or low profile above-grade improvements for accessory uses not to exceed ten feet (10′) in height.

ii. Setbacks (Replaces corresponding standards in LIP Section 3.6F)

a) Front yard setbacks shall be at least twenty (20) percent of the total depth of the lot measured from the property line abutting the street, or sixty-five (65) feet, whichever is less. However, the front yard setback for Lot 5 shall be at least forty-three (43) feet.

b) Side yard setbacks shall be cumulatively at least twenty-five (25) percent of the total width of the lot but, in no event, shall a single side yard setback be less than ten (10) percent of the width of the lot.

c) Rear yard setbacks shall be at least fifteen (15) percent of the lot depth.

d) Parkland setbacks in LIP Section 3.6(F)(6) shall not apply.

iii. Structure Height (Replaces corresponding standards in LIP Section 3.6(E))

a) Every residence and every other building or structure associated with a residential development (excluding chimneys), including satellite dish antenna, solar panels and rooftop equipment, shall not be higher than eighteen (18) feet, except the easternmost approximately 2,500 sq. ft. of the residence on Lot 2 and the southwestern corner of the residence on Lot 5 shall not be higher than 15 feet, as indicated on "Malibu Coast Estate Planned Development Map 1" of this LIP. Height is measured from natural or finished grade, whichever is lower.

b) Mechanical equipment, including screens may not exceed roof height. Roof-mounted mechanical equipment shall be integrated into the roof design and screened.

c) In no event shall the maximum number of stories above grade be greater than two. Basements and subterranean garages shall not be considered a story.

iv. Grading (Replaces corresponding standards in LIP Section 8.3(B))

a) Notwithstanding other provisions of this Code, all grading associated with the berm, ingress, egress, including safety access, shall be considered exempt grading.

b) Non-exempt grading shall be limited to 2,000 cubic yards per lot.

c) Net export shall be limited to 3,500 cubic yards per lot.

v. Impermeable Coverage, Landscaping, and Berm

a) The impermeable coverage requirement in LIP Section 3.6(I) shall apply.

b) In addition to the requirements of LIP Section 3.10, site landscaping shall be designed to minimize views of the approved structures as seen from public viewing areas, including the use of native trees to screen approved structures. Landscaping and trees shall be selected, sited, and maintained to not exceed 25 feet.

c) A natural-looking earthen berm that is 4 feet in height (except for the northernmost 30 foot long portion on Lot 1 that shall be no less than 2 feet in height) above finished grade shall be constructed along the east side of all approved structures on Lots 1 and 2 to minimize views of the development from downcoast public viewing locations. The location and height of the berm shall substantially conform to that indicated on "Malibu Coast Estate Planned Development Map 1" of this LIP. The berm shall be vegetated with lower-lying native species that blend with the natural bluff landscape.

vi. Parking (In addition to the parking standards of LIP Section 3.14)

a) Two enclosed and two unenclosed parking spaces. The minimum size for a residential parking space shall be 18 feet long by 10 feet wide.

b) One enclosed or unenclosed parking space for a guest unit or second unit.

vii. Colors and Lighting (In addition to the standards of LIP Section 6.5(B))

a) Structures shall be limited to colors compatible with the surrounding environment and landscape (earth tones), including shades of green, brown, and gray with no white or light or bright tones. The color palette shall be specified on plans submitted in building plan check and must be approved by the Planning Director prior to issuance of a building permit. All windows shall be comprised of non-glare glass.

b) Lighting must comply with LIP Section 6.5(G).

viii. Permit Required. To insure the protection of scenic and visual resources in accordance with the provisions of the LCP, any future improvements to structures or significant changes to landscaping beyond that authorized by the coastal development permit (CDP) for each residential lot (Lots 1-5), which would ordinarily be exempt from a CDP pursuant to LIP Section 13.4.1, shall be subject to a new CDP or permit amendment.

b. Lot No. 6

i. Structure Size. The total development square footage of all structures shall not exceed one hundred eighty (180) square feet. The development footprint (gate and guardhouse) shall substantially conform to that indicated on "Malibu Coast Estate Planned Development Map 1" of this LIP.

ii. Setbacks

a) Buildings, not including projections permitted in Section 3.5 of the Malibu LIP shall maintain a minimum setback of fifty (50) feet from all property lines.

b) Parkland setbacks in LIP Section 3.6(F)(6) shall not apply.

iii. Structure Height

a) Structure height shall not exceed twelve (12) feet, as measured from natural or finished grade, whichever is lower.

b) In no event shall the maximum number of stories above grade be greater than one.

c) A basement, cellar or subterranean garage shall not be permitted.

iv. Grading (Replaces corresponding standards in LIP Section 8.3(B))

a) Notwithstanding other provisions of this Code, all grading associated with ingress, egress, including safety access, shall be considered exempt grading.

b) Non-exempt grading shall be limited to one thousand (1,000) cubic yards.

c) Net export shall be limited to two thousand five hundred (2500) cubic yards.

v. Impermeable Coverage (Replaces corresponding standard in LIP Section 3.6(I)). The impermeable coverage requirement in LIP Section 3.6(I) shall not apply. Up to 44,000 square feet of impermeable coverage shall be permitted.

vi. Parking (In addition to the parking standards of LIP Section 3.14). The guardhouse shall not have more than two parking spaces to be used for on duty guards and one additional parking space for service parking. Parking within the property boundaries shall not be located on or obstruct fire department access.

vii. Colors and Lighting

a) Structures shall be limited to colors compatible with the surrounding environment and landscape (earth tones), including shades of green, brown, and gray with no white or light or bright tones. The color palette shall be specified on plans submitted in building plan check and must be approved by the Planning Director prior to issuance of a building permit.

b) Lighting must comply with LIP Section 6.5(G).

c. Lot No. 7

i. Site Design. Grading, setbacks, and facility siting shall be designed to meet the operational programs of the park as defined in the City of Malibu Parks Master Plan. Notwithstanding any other provision of this chapter, grading in all new parks shall be limited to not more than one thousand (1,000) cubic yards per acre, except that grading required for sports fields and skate parks designed to accommodate commonly accepted facility dimensions shall be exempt from these limitations. The facility shall be designed to minimize noise, lighting impacts and disruption to nearby residents.

ii. Parking (In addition to the parking standards of LIP Section 3.14). Adequate parking shall be provided to serve the proposed recreational uses. Parking shall be determined by a parking study prepared by a registered traffic engineer and based upon the proposed recreational uses. The Planning Director shall have the authority to determine the appropriateness of studies or other information used in determining the parking to be required. Where appropriate, off-site parking may be provided and may be counted towards satisfying the on-site parking requirement as long as sufficient parking is provided to serve existing and proposed public access and recreation uses and any adverse impacts to public access and recreation are avoided.

iii. Fencing. With the exception of skate park and sport court fencing and backstops, fences and walls shall not exceed eight feet in height. The fencing and backstops design and materials shall take into consideration view and vista areas, site distance, and environmental constraints.

iv. Temporary Uses. Temporary uses shall be in accordance with LIP Section 13.4.9 and the temporary use permit process contained within Malibu Municipal Code Chapter 17.68.

All single-family and multiple-family residences shall be subject to the following development standards:

A. Every residence shall have a roof constructed with roofing material in compliance with a rating as specified by Title 15 of the Malibu Municipal Code;

B. Every residence shall have an exterior siding of brick, wood, stucco, metal, concrete or other similar material, except that reflective, glossy, polished and/or roll-formed type metal siding is prohibited;

C. Except as specifically provided herein, every single-family residence shall be not less than twenty (20) feet in width. A single-family residence need only be a minimum of eighteen (18) feet wide when it is to be located on a lot or parcel of land less than twenty-six (26) feet in width. In order to allow for flexibility and creativity of design, a single-family residence may be less than twenty (20) feet wide, but not less than twelve (12) feet, if the floor area, exclusive of appurtenant structures, is at least nine hundred (900) square feet and the side or sides oriented toward a public street, highway or parkway have a dimension of at least twenty (20) feet. Additions to single-family residences are not restricted as to width;

D. The minimum floor area of a residential unit shall be as follows:

1. For a single-family residence, not less than eight hundred (800) square feet, exclusive of any appurtenant structures.

2. For each multifamily dwelling unit, not less than three hundred (300) square feet, exclusive of any appurtenant structures.

E. Height.

1. Non-beachfront lots. Every residence and every other building or structure associated with a residential development, including satellite dish antenna, shall not be higher than 18 feet above natural or finished grade, including rooftop, parapet and deck walls and railings, whichever results in a lower building height, except for chimneys and rooftop antenna other than satellite dish antenna.

2. Notwithstanding any provision of this section, the Manager may issue a development permit, pursuant to Section 13.27 of the Malibu LIP (Site Plan Review), to allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two.

3. Beachfront lots. For new construction on a beachfront lot, no residence or structure, including satellite dish antenna, shall exceed 24 feet for flat roof including solid rooftop, parapet and deck walls, and 28 feet for pitched roof, as measured 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 24 feet for a flat roof and 28 feet for pitched roof as measured from center line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the centerline of the road shall not exceed half of the total length (front to rear) of the structure. Open railings for rooftop decks on structures with a flat roof may extend 25 feet in height.

F. Non-Beachfront Yards/Setbacks. The following yard/setback requirements apply to all lots, except beachfront lots:

1. Front yard setbacks shall be at least 20% of the total depth of the lot, or 65 feet, whichever is less.

2. Side yard setbacks shall be cumulatively at least 25% of the total width of the lot but, in no event, shall a single side yard setback be less than 10% of the width of the lot or 5 feet, whichever is greater.

3. Rear yard setbacks shall be at least 15% of the lot depth or 15 feet whichever is greater.

4. For the purpose of calculating yards, slopes equal to or greater than 1:1 shall not be included in the lot dimensions.

5. Modifications to required yards/setbacks standards shall be permitted where necessary to avoid or minimize impacts to sensitive resources.

6. Setbacks from parklands. New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.

a. New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required park buffer areas, except that habitat restoration and invasive plant eradication may be permitted if designed to protect and enhance habitat values.

b. Variances or modifications to park buffer standards shall not be granted except where there is no other feasible alternative for siting the primary structure. In such cases, one primary structure shall be the only permitted development on the site, and the structure shall be restricted in size and designed to maximize the buffer standard to the maximum extent feasible.

c. Permitted development located within or adjacent to parklands that adversely impact those areas may include open space or conservation restrictions or easements over parkland buffer in order to protect resources.

7. Setbacks shall also be in compliance with Article VIII of the Malibu Municipal Code (Building Code).

G. Beachfront Yards/Setbacks. Notwithstanding the above requirements, the following yard requirements apply to beachfront lots:

1. Front. 20 feet maximum or the average of the two immediate neighbors, whichever is less.

2. Side. 10% of lot width on each side, with a 3 feet minimum and 5 feet maximum, except as required for view corridors under Section 6.5 (E)(2) of the Malibu LIP.

3. Rear. Setbacks for infill development are determined by the stringline rule. Separate setback standards apply to dwellings and decks, as indicated below. The stringline method shall apply only to infill development and where it will not result in development which would require a shoreline protection structure at any time during the life of the project, except when necessary to protect a new septic system and there is no feasible alternative that would allow residential development on the parcel. Septic systems shall be located as far landward as feasible.

a. Dwellings. For a dwelling, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast dwelling. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast dwelling.

b. Decks and patios. For a deck or patio, new construction shall not extend seaward of a stringline drawn from a point on the closest upcoast and downcoast deck or patio. The stringline point shall be located on the nearest adjacent corner of the upcoast and downcoast deck or patio.

c. All infill development shall be set back a minimum of 10 feet landward from the most landward surveyed mean high tide line on the parcel. The location of the mean high tide shall be determined in consultation with the State Lands Commission.

4. Stringline modification. Where the application of the stringline rule results in a stringline substantially inconsistent with adjacent development, the applicant may apply for a minor modification pursuant to LIP Section 13.27.1(B)(3). Alternatively, the applicant may apply for a variance pursuant to LIP Section 13.26.

5. Accessory structures. No accessory structure (including, without limitation, a gazebo, cabana) may project seaward of the dwelling stringline.

6. Swimming pools and spas. Pools and spas may project seaward of the dwelling stringline, but in no case may they project seaward of the deck stringline.

7. Stairways. Stairways from decks to the beach may not project seaward of the deck stringline.

8. Fences. Fences, shall not project seaward of the structure stringline, with the exception of any required safety railing around decks that is a maximum of 42 inches in height, and fencing constructed of transparent material such as plexiglass.

9. Shoreline protective devices. A shoreline protective device shall be permitted only if the Planning Manager and the Building Official determine that the device is necessary to protect an existing structure as defined in paragraphs L. and M. of Section 10.4 of the LIP or an existing or new sewage disposal system. A shoreline protective device shall be located as far landward as possible, consistent with the provisions of Chapter 10 of the Malibu LIP.

10. Bluffs. Setbacks shall be consistent with the requirements of Chapter 10 of the Malibu LIP.

H. Development Area. Except for an affordable housing development within the AHO Overlay, every residential development shall be contained within a convex-shaped enclosure that shall not exceed 2 acres, except where otherwise restricted by provisions of the ESHA Overlay Chapter (Chapter 4), Scenic and Visual Resources Chapter (Chapter 6), or Grading Chapter (Chapter 8) of the Malibu LIP.

I. Single Family.

1. Use of permeable surfaces is encouraged, especially for driveways. However, including the primary structure, impermeable surfaces are permitted for residential lot areas (excluding slopes equal to or greater than 1:1), up to 1/4 acre at 45%; for lot areas greater than 1/4 acre but a 1/2 acre or less, at 35% and for lots greater than 1/2 acre at 30% up to a maximum of 25,000 square feet. Beachfront lots shall not be subject to this Paragraph.

2. Multi-family. 25% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. "Green or living walls" shall not be considered landscaping for the purpose of this paragraph. The required 5 foot landscape buffer around the perimeter of parking areas pursuant to Section 3.12.5(E)(1) of the Malibu LIP shall count toward the 25% requirement. An additional 5% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.

J. Site of Construction. Structures may be constructed on slopes greater than 3:1 but less than 2 1/2:1 subject to the provisions of Section 13.27 of the Malibu LIP (Site Plan Review).

K. Residential Structure Size. Except as specifically provided herein and where otherwise restricted by provisions of the ESHA Overlay Ordinance (Chapter 4), of the Malibu LIP, and as indicated on the Total Development Square Footage Structure Size Chart, the total development square footage associated with the construction of a single-family residence on a legal lot equal to or greater than 5 acres shall not exceed a total of 11,172 square feet. On lots 5,000 square feet or less, the total development square footage shall not exceed 1,885 square feet. Total development square footage shall be determined based on the following formula (slopes equal to or greater than 1:1 shall be excluded from the lot area calculation): for lot areas up to 1/2 acre, total square footage shall be 17.7% of lot area plus 1,000 square feet; for lot areas greater than 1/2 acre and up to 1 acre, total development square footage shall be increased by 10% of the amount of lot area exceeding 1/2 acre; for lot areas greater than 1 acre and up to 1 1/2 acre, total development square footage shall be increased by 5% of the amount of lot area exceeding 1 acre; for lot areas greater than 1 1/2 acres and up to 5 acres, total development square footage shall be increased by 2% of the amount of the lot area exceeding 1 1/2 acres. For the purposes of this subsection, arbors or trellis open to the sky shall not be calculated as part of the total development square footage. Beachfront lots shall be exempt from the total development square footage provisions of this paragraph. For construction of a multi-family residence, except as specifically provided herein and where otherwise restricted by provisions of the ESHA Overlay Ordinance (Chapter 4) of the Malibu LIP, the TDSF associated with the construction of a multi-family residence on a legal lot shall be limited by the maximum density permitted onsite, the required setbacks, and the maximum height allowed.

For both single-family and multi-family residences the following standards apply:

1. Single-Story Floor Area. Notwithstanding any other provision of this chapter, the total development square footage for single-story structures at or below 18 feet is determined according to the above formula.

2. Multi-Story or Single Floor Area, Structures Greater Than 18 Feet In Height. Notwithstanding any other provision of this Chapter, the total development square footage for a structure greater than 18 feet in height shall not be greater than permitted for single-story construction. Any portion of the structure above 18 feet in height shall not exceed 2/3rds the first floor area, and shall be oriented so as to minimize view blockage from adjacent properties.

3. Basements. The square footage of a basement shall be included in the calculation of total development square footage (TDSF), consistent with the following formula: The initial one-thousand (1,000) square feet of a basement shall not count toward TDSF; additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at the rate of one (1) square foot of TDSF for every two (2) square feet of proposed basement square footage. A basement shall be located beneath or partially beneath the first floor footprint of the structure above. Any portion of a basement wall extending beyond the first floor footprint above shall be non-day-lighting. All basements shall be limited to one floor level, not to exceed twelve (12) feet in height. Any grading required for that portion of a basement not under the first floor footprint above shall be subject to the provisions of Chapter 8 of the LIP. Those areas of a basement that extend beyond the first floor footprint above shall be subject to the impermeable coverage development standards contained in LIP Section 3.6 I. Basements shall not be constructed in beachfront parcels. However, subterranean equipment vaults not containing habitable space may occupy a landward area of a beachfront parcel that is not required for the construction of the OWTS and as long as the vault does not require a shoreline protection structure.

4. Subterranean Garage. The square footage of a subterranean garage shall be included in the calculation of total development square footage (TDSF), consistent with the following formula: the initial one-thousand (1,000) square feet of a subterranean garage shall not count toward TDSF; additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed. All subterranean garages shall be limited to one floor level not to exceed twelve (12) feet in height. A subterranean garage shall be located beneath or partially beneath the first floor footprint above. Any portion of a subterranean garage wall extending beyond the first floor footprint above shall be non-daylighting. A subterranean garage shall be allowed only one opening for vehicular ingress and egress with a maximum continuous width of thirty-six (36) feet, not including up to two support columns not exceeding eighteen (18) inches in width each. Except for lots with a subterranean garage having an entry not facing and not visible from an abutting street frontage, only one story shall be located above the opening for vehicular ingress and egress for a width equal to the width of said opening. Any grading required for that portion of a subterranean garage not under the first floor footprint above shall be subject to the provisions of Chapter 8 of the LIP. Those areas of a subterranean garage that extend beyond the first floor footprint above shall be subject to the impermeable coverage development standards contained in LIP Section 3.6 I. Subterranean garages shall not be constructed on beach-front parcels.

5. Cellar. The square footage of a cellar shall be included in the calculation of total development square footage (TDSF), consistent with the following formula: the initial one-thousand (1,000) square feet of the cellar area shall not count toward TDSF; additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed. All cellars shall be subject to the provisions of LIP Section 3.6 I, Impermeable coverage. Any grading required for the development of a cellar shall be subject to the provisions of Chapter 8 of the LIP. All cellars shall be limited to one floor level not to exceed twelve (12) feet in height. Cellars shall not be constructed on beachfront parcels.

6. Combinations of Basements, Cellars and/or Subterranean Garages. If any combination of basements, cellars, and/or subterranean garages is proposed, the initial one-thousand (1,000) square feet of the combined area shall not count toward total development square footage (TDSF). Any additional area in excess of one-thousand (1,000) square feet shall be included in the calculation of TDSF at ratio of one square foot for every two square feet proposed.

L. Neighborhood Standards. Notwithstanding any other provision of this Section, upon application and pursuant to Section 13.27 of the Malibu LIP, the Planning Commission may approve or conditionally approve increased height, structure size and/or development area and/or decreased setbacks, except in the case of ESHA buffers or setbacks, bluff setbacks, view corridors, or height restrictions to minimize impacts to visual resources, where such modifications do not exceed the neighborhood standards, and where the Planning Commission affirmatively makes all the findings set forth in Section 13.27.5 of the Malibu LIP.

1. Neighborhood Standards apply where there are at least ten (10) developed lots within a five hundred (500)-foot radius of the subject site located in the same neighborhood. A neighborhood is defined by the presence of such features as common access, beachfront or landside orientation or by being a part of the same subdivision or development, or by being within the same proximate area of the city with no intervening major natural or man made physical features such as major roads or flood control channels, canyons, watercourses, hills, ridges or mountains, and sharing similar zoning and other development characteristics such as lot and house size.

2. For the purpose of this section, "neighborhood standards" means the average structure size and/or development, setback, or height, of at least eighty (80) percent of all the legal lots developed with a single-family residence within a five hundred (500)-foot radius of the subject site located in the same neighborhood. In such cases the eighty (80) percent shall be determined by excluding the smallest ten (10) percent and the largest ten (10) percent of lots in terms of structure size and/or development area and height, and the smallest twenty (20) percent of lots in terms of yard setbacks.

M. Temporary Housing. Temporary housing structures as used herein means mobilehomes, trailers, recreational vehicles or other structures which are self-contained units which include sanitary facilities, and facilities for normal daily routines including cooking and sleeping. Temporary housing structures do not include any structure placed upon a permanent foundation, nor do they include tents, yurts, or similar fabric or textile installations. Temporary housing structures used as a residence during reconstruction or in anticipation of reconstruction of a residence destroyed due to natural disaster shall comply with the following conditions:

1. No more than two temporary housing structures which together total no more than 1,000 square feet shall be permitted.

2. No additional grading shall be allowed beyond that permitted as part of the development plan. The temporary housing shall be placed within the existing development area as defined by the LIP. Development area for residences built before the Coastal Act shall include all of the site that was legally developed, including the building pad and all graded slopes, all structures, driveways and parking areas.

3. The temporary housing structure shall include skirting.

4. The temporary housing structure shall not include any structural attachments.

5. The temporary housing structure shall comply with the following utility requirements:

a. Be connected to a city-approved power source.

b. Provide the city with written authorization from the owner allowing the city to terminate all utilities upon expiration of the period for which the temporary housing structure is permitted to remain on the property.

c. Be connected to a functioning onsite wastewater treatment system (OWTS) or sewer as approved by the environmental health administrator. A city-registered OWTS practitioner must inspect the OWTS and verify its functionality prior to installation of the temporary housing structure.

d. Be connected to an approved source of potable water.

6. Temporary housing structures shall be permitted for an initial period of four years and shall be renewable by the Planning Director in increments up to one year, for a maximum placement of the temporary housing structure of six years, provided that a building permit for the reconstruction has been issued and regular inspections are occurring.

7. Prior to final approval (e.g., certificate of occupancy) by the building official for the reconstructed residence, the temporary housing structure shall be removed from the lot unless the temporary housing structure is permitted and is converted into a permanent structure that meets the requirements of the LCP. An RV may remain on the lot and would no longer be considered a temporary housing structure if it is disconnected from utilities and legally stored in compliance with the LCP.

N. Accessory Structures. Accessory structures identified as being permitted within any zone may be established only if they are clearly accessory to a primary permitted or conditionally permitted use established concurrent with or prior to establishment of accessory use.

1. Second Residential Units

a. Second residential unit includes a guest house or a second unit, as defined in Section 2.1 of the Malibu LIP.

b. A maximum of one second residential unit may be permitted as an accessory to a permitted or existing single-family dwelling. Development of a second residential unit shall require that a single-family dwelling unit be developed on the lot prior to or concurrent with the second residential unit.

c. Development Standards

i. Siting. Any permitted second residential unit shall be located within the approved development area for the project site and shall be clustered with the primary dwelling unit and any other approved structures to minimize required fuel modification.

ii. Maximum Living Area. The maximum living area of a second residential unit shall not exceed 900 square feet, including the total floor area of all enclosed space, including any mezzanine or storage space. The maximum living area shall not include the area of a garage included as part of the second residential unit.

iii. Parking

a) A minimum of one on-site parking space shall be provided for the exclusive use of a second residential unit.

b) One garage not to exceed 400 square feet in size may be permitted as part of a second residential unit.

2. Other Accessory Structures

a. Accessory structures customarily ancillary to single family dwellings including, but not limited to, a stable, workshop, gym, studio, pool cabana, office, sport court, pool, or spa may be permitted as an accessory to a permitted or existing single-family dwelling.

b. Any permitted accessory structure shall be located within the approved development area for the project site and shall be clustered with the single-family dwelling unit and any other approved structures to minimize required fuel modification.

3. Agricultural Employee Housing Standards.

a. The purpose of this section is to establish standards to ensure that the development of agricultural employee housing does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Malibu.

b. The provisions of this section shall apply to Commercial Recreational (CR) and Rural Residential (RR) zones where agricultural uses are allowed. Agricultural employee housing is allowed as an accessory use in conjunction with a commercial agricultural use.

c. Agricultural employee housing shall be occupied only by farm employees (and their families) engaged in agricultural labor on the same parcel as the commercial agriculture use and shall not be otherwise occupied or rented.

d. No more than 36 beds in a group quarters or up to 12 units are allowed on an individual parcel.

e. At least one parking space per unit or one space per three beds, whichever is more, shall be provided.

f. Agricultural employee housing shall meet the applicable policies and provisions of the LCP, including the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, agricultural housing shall be located not less than 75 feet from barns, pens, or other structures that house livestock or poultry, and not less than 50 feet from any other agricultural and non-agricultural use.

g. Agricultural employee housing shall be sited on the flattest area of the project site, except where there is an alternative location that would be more protective of visual resources or ESHA, and shall be located as close to existing roads as feasible. Additionally, agricultural housing shall be clustered with existing development to the maximum extent feasible and minimize grading, landform alteration, and the need for construction of new roads.

h. The property owner shall obtain all permits and/or approvals from the City of Malibu, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. Agricultural housing shall also require a coastal development permit pursuant to the provisions of Chapter 13 of this LCP.

i. Prior to submittal of the permit application for agricultural employee housing, the property owner shall provide appropriate evidence to the satisfaction of the Planning Director of an active commercial agricultural operation. An equestrian related use is not considered evidence of commercial agriculture for agricultural employee housing.

j. Agricultural employee housing shall be removed from the property or converted to another permitted use that is approved through a CDP within 90 days of termination of the property's use from agricultural production.

k. Within 30 days after approval from the City of Malibu for agricultural employee housing, the applicant shall record in the office of the County Registrar-Recorder/County Clerk a covenant running with the land for the benefit of the City of Malibu, declaring that the agricultural employee housing will continuously be maintained as such in accordance with the LCP and that:

i. The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder;

ii. The improvements required by the City of Malibu related to agricultural employee housing shall be constructed and/or installed, and continuously maintained by the applicant; and

iii. The applicant will submit the annual verification form as required by LIP 3.6(N)(3)(m) to the Planning Director.

l. Agricultural housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the California Code of Regulations, Title 25, Division 1, Chapter 1, Sections 600 through 940, prior to occupancy of the housing units. A copy of the HCD permit shall be provided to the Planning Director within fourteen (14) days of issuance or at the time of building permit application submittal, whichever is earlier.

m. On an annual basis, the property owner must file a verification form with the Director of the Planning Department stating that the commercial agricultural operation is still taking place on the property and that the tenants are employed as farm employees and thereby renew the agricultural certificate for the farm employee housing. Failure to file the verification form will be interpreted as indicating the commercial agriculture has ceased operation and may be the basis for building permit revocation.

The verification form shall be submitted annually by May 15th of each year to the Planning Director, or designee, in a form acceptable to the Planning Director, that all the dwelling units or sleeping quarters are being rented to and occupied by persons who meet the definition of an agricultural employee established in LIP 2.1 ("Agricultural employee").

O. Home Occupations.

1. Purpose. The purpose of the following regulations is to allow reasonable non-residential uses of residential structures, so long as the non-residential use is ancillary to the residential use, conducted by a resident of the structure, and does not cause an impact which is substantially different from the impact of a residential use.

2. Uses Permitted Without a Permit. The following uses are allowed, provided they operate in compliance with the City's ordinances and the requirements of home occupations.

a. Educational uses. A use involving the teaching of students, including, but not limited to music lessons, academic tutoring, religious instruction, swimming lessons, equestrian riding lessons provided that there be no more than six (6) non-resident persons whether students or employees, present at any one time.

b. Home-Based Office or Home-Based Studio. An office used for business, consultation, computer/internet related use or a recording studio, artist studio, or other reasonably similar use determined by the Planning Manager, provided that there be no more than six (6) non-resident persons whether employees or clients, present at any one time.

3. Uses That Require a Permit. The Planning Manager (Manager) may allow any reasonable use as determined by the Manager pursuant to a home occupation permit. The home occupation must operate in compliance with City Ordinances and the general requirements set forth below.

a. The applicant shall submit a complete written description of the proposed home occupation including but not be limited to, anticipated hours of operation, anticipated storage of materials and supplies, amount of pedestrian and/or vehicular traffic generated by the home occupation, and a graphic representation of the location of the proposed home occupation within structures on the property.

b. An application for home occupation permit shall be completed on forms provided by the City and include such plans as are reasonably required by the Manager for a complete understanding of the application. The application shall be accompanied by a filing fee in an amount set by resolution of the City Council.

c. When the Manager determines that the application is complete, the Manager shall give written notice of the application to all owners and residents of all properties within 500 feet of the proposed home occupation, but in no event shall less than ten (10) nearest developed properties be notified. Where there are less than 10 properties within 500 feet of the proposed home occupation, the Manager shall give written notice to the owners and residents of the 10 properties nearest the proposed home occupation. The written notice shall include a brief description of the proposed home occupation, the address of the proposed occupation, the date, time and location of any public meeting or hearing about the application. No sooner than 10 calendar days after the owners and residents are notified and no later than 30 calendar days after receipt of the complete application, the Manager will conduct a meeting to consider the application and all written and oral comments.

d. The Planning Manager shall grant, deny, or conditionally grant the home occupation permit and issue a written decision.

e. The Manager shall impose conditions where required to assure that the home occupation does not cause an impact that is substantially different from the impact of a solely residential use.

f. A home occupation permit shall be effective ten (10) calendar days after its issuance, unless a written appeal to the Planning Commission is filed with the Manager within the ten (10) calendar days after the Manager approved or denied the application. Any aggrieved person may appeal the Manager's decision. The Manager shall notice a hearing on the appeal in the same manner as the initial hearing regarding the home occupation application. The decision of the Planning Commission shall be final.

4. All home occupations shall comply with the requirements listed below:

a. No flammable, hazardous or toxic materials other than those materials normally found in a dwelling and only in the quantities normally found in a dwelling, shall be stored onsite.

b. The hours of operation for a home occupation shall begin no earlier than 8:00 a.m. and end no later than 9:00 p.m. daily. Any activity relating to the home occupation held outdoors will be required to cease at sunset.

c. With the exception of newspaper, magazine or other similar advertising, the home occupation shall not be apparent. The posting of flyers, or signs to advertise a home occupation, is prohibited except as permitted in Section 3.15 of the Malibu LIP.

d. No home occupation shall create objectionable noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, radiation, or other hazard or nuisance in excess of what is normally found in the neighborhood in which the home occupation is located.

e. All noise shall comply with the Article IV, Public Peace, Chapter 2, Noise of the Malibu Municipal Code.

f. A home occupation shall comply with Section 3.15 of the Malibu LIP.

g. Except for those uses identified as requiring or not requiring permits, above, no one other than residents of the dwelling shall be onsite employees of the home occupation or report to work at the site in the conduct of a home occupation.

h. No vehicle, with signage identifying the existence of the home occupation shall be parked on the property or in the right of way such as to advertise the existence of the home occupation.

i. Required enclosed parking shall be maintained in compliance with Section 3.14 of the Malibu LIP.

j. Materials and goods shall not be stored and no permanent work area, work bench, or structures shall be built within the required enclosed parking area in such a manner as to prevent the use of the area for vehicle parking. In addition, no supplies or equipment or equipment used for, or in any way related to, the home occupation may be stored outside the dwelling unit except for those items necessary for outdoor instruction permitted for uses not requiring a permit.

k. Pedestrian and/or vehicular traffic shall not be in excess of the normal amount in the zone in which the home occupation is located.

l. With the exception of newspaper deliveries, delivery or pick-up of materials, goods, or products to and from the home occupation shall only occur from 8:00 a.m. to 5:00 p.m., Monday through Friday. The delivery vehicles used in conjunction with the delivery of materials, goods, or products to and from the location of a home occupation shall be limited to a single unit truck with a maximum of twenty-eight (28) foot length and a maximum gross vehicle weight of twenty-four thousand (24,000) pounds.

m. Motor vehicle repair businesses, and day care facilities are prohibited.

n. The home occupation shall not occupy more than twenty (20) percent of the total floor area of all structures on the property, or two thousand (2,000) square feet, whichever is less. Any construction, structural alterations or addition(s) to any structure on the property in which the home occupation may be conducted, shall conform with requirements for residential structures within the Zoning Ordinance.

P. Determinations regarding lot widths and depths for irregularly shaped parcels, permitted driveway paths, building area and total development square footage, infill lots and yards shall be made by the Manager.

Q. Residential buildings located within floodplains, liquefaction or earthquake fault zones shall comply with any other site specific hydrologic, geologic and seismic conditions based on the required hydrology soils and geotechnical reports and final recommendations from the City Geologist or City Engineer.

R. Distance Between Buildings.

1. Where more than one building is placed on a lot or parcel of land, the following minimum distances shall apply.

a. Distance Between Main Buildings. A minimum distance of ten (10) feet shall be required between all main residential buildings established on the same lot or parcel of land.

b. Projections Permitted Between Buildings, Including Detached Shade Structures, on the Same Lot or Parcel of Land. The following projections are permitted within six feet of the required ten (10) feet between buildings, including detached shade structures, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:

i. Eaves and cantilevered roofs;

ii. Fireplace structures, buttresses and wing walls;

iii. Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;

iv. Awnings and canopies;

v. Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

vi. Stairways and balconies above the level of the first floor.

c. Distance Between Accessory and Main Buildings. A minimum distance of six feet shall be required between any main residential building and an accessory building established on the same lot or parcel of land.

2. Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.

A. All commercial development shall be subject to the following development standards:

1. Height.

a. Non-Beachfront lots. Every building or structure, including satellite dish antenna, shall not be higher than 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys and rooftop antenna other than satellite dish antenna.

b. Notwithstanding any provision of this section, the Planning Commission, pursuant to Section 13.27 of the Malibu LIP , may allow heights up to 24 feet for flat roofs and 28 feet for pitched or sloped roofs. In no event shall the maximum number of stories above grade be greater than two.

c. Beachfront lots. No building or structure, including satellite dish antenna, shall exceed 24 feet for flat roof and 28 feet for pitched roof, as measured 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 24 feet for a flat roof and 28 feet for pitched roof as measured from center line of the road on the land side. Building height shall be apportioned such that the portion of the building which height is measured from the center line of the road shall not exceed half of the total length (front to rear) of the structure.

d. For an addition to an existing structure, the height shall be measured from the bottom of the first floor diaphragm on the ocean side, or the lowest recommended finish floor elevation, whichever is lower, and the center line of the road on the land side.

2. Non-Beachfront Yards/Setbacks. The following yard/setback requirements apply to all lots, except beachfront lots:

a. Front yard setbacks shall be at least 20% of the total depth of the lot.

b. Side yard setbacks shall be cumulatively at least 25% of the total width of the lot but, in no event, shall a single side yard setback be less than 10% of the width of the lot or 5 feet, whichever is greater.

c. Rear yard setbacks shall be at least 15 feet whichever is greater.

d. For the purpose of calculating yards, slopes equal to or greater than 1:1 shall not be included in the lot dimensions.

3. Setbacks from Parklands. New development adjacent to parklands, where the purpose of the park is to protect the natural environment and ESHA, shall be sited and designed to minimize impacts to habitat and recreational opportunities, to the maximum extent feasible. Natural vegetation buffer areas shall be provided around parklands. Buffers shall be of a sufficient size to prevent impacts to parkland resources, but in no case shall they be less than 100 feet in width.

a. New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required park buffer areas, except that habitat restoration and invasive plant eradication may be permitted if designed to protect and enhance habitat values.

b. Variances or modifications to park buffer standards shall not be granted except where there is no other feasible alternative for siting the primary structure. In such cases, one primary structure shall be the only permitted development on the site, and the structure shall be restricted in size and designed to maximize the buffer standard to the maximum extent feasible.

c. Permitted development located within or adjacent to parklands that adversely impact those areas may include open space or conservation restrictions or easements over parkland buffer in order to protect resources.

4. Beachfront Yards/Setbacks. Notwithstanding the above requirements, the following yard requirements apply to beachfront lots:

a. Front. 20 feet maximum or the average of the two immediate commercial neighbors neighboring commercial properties, whichever is less.

b. Side. 10% of lot width on each side, with a 3 feet minimum and 5 feet maximum.

c. Rear. Determined by the stringline rule as described in Section 3.6 (G)(3) of the Malibu LIP.

d. Bluffs. Shall be consistent with the requirements of Chapter 10 of the Malibu LIP.

5. Site Development Criteria. All proposed commercial construction shall comply with the following site development standards:

a. The gross square footage of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (F.A.R.) of 0.15, or 15% of the lot area (excluding any street rights of way). Additional gross square footage may be approved, up to the maximum allowed for the parcel under the Land Use Plan provided the increase complies with the provisions of Section e and/or f below, where applicable. Additional square footage for commercial development located in the Civic Center area may be approved, up to the maximum allowed for the parcel under the Land Use Plan, only if it is included as part of a specific plan, planned development or other comprehensive plan approved as a Local Coastal Program amendment certified by the California Coastal Commission in compliance with the provisions of Section e below.

b. 40% of the lot area shall be devoted to landscaping. An additional 25% of the lot area shall be devoted to open space. Open space areas may include courtyards, patios, natural open space and additional landscaping. Parking lots, buildings, exterior hallways and stairways shall not qualify as open space.

c. Commercial buildings located within floodplains, liquefaction or earthquake fault zones shall comply with any other site specific hydrologic, geologic and seismic conditions based on the required hydrology soils and geotechnical reports and final recommendations from the City Geologist or City Engineer.

d. The applicant shall provide appropriate graphic information and calculations on the site plan to satisfy compliance with this subsection.

e. Civic Center Development Criteria. Lands within the Civic Center Overlay Area for which a Civic Center Specific Plan, planned development, development agreement, or other comprehensive plan has been approved pursuant to the requirements of the Land Use Plan shall be developed in accordance with said plan or agreement. Any specific plan, planned development, development agreement, or other comprehensive plan shall not be effective until adopted by the City and certified by the Coastal Commission as an amendment to the LCP. This section does not apply to improvements to existing development in the Civic Center or development already approved by the Coastal Commission and the City.

(1) No development shall be approved on any parcel located within the Civic Center Overlay Area (LIP Zoning Map 5), other than improvements to existing uses, for a period of two (2) years commencing September 15, 2002, or until a Specific Plan, or other comprehensive plan encompassing all parcels located within the Civic Center Overlay Area is adopted by the City and certified by the Coastal Commission as an LCP amendment.

(2) The provisions in (1) above shall not apply to coastal development permits for uses that are visitor-serving or part of a development agreement approved under a LCP amendment certified by the Coastal Commission. Any coastal development permit approved shall include a wetland delineation for the project site(s).

(3) If a specific plan or other comprehensive plan is adopted by the City and certified by the Coastal Commission, commercial development shall be allowed in the Civic Center Overlay area up to the maximum Floor Area Ratio (FAR) allowed for the specific commercial use designation under the Land Use Plan.

(4) Other than as provided in (1) and (2) above, subsequent to September 15, 2004, if no specific plan, development agreement, or other comprehensive plan has been approved by the Coastal Commission as an LCP amendment, commercial uses shall be allowed on individual parcels located in the Civic Center Overlay area as designated by the Land Use Plan Map, consistent with all policies of the LCP. A maximum FAR of 0.15 is permitted, except that the FAR may be increased to no greater than a maximum of 0.20 if public benefits and amenities, including public open space and, where applicable, habitat restoration or enhancement, are provided and the project site is included as part of a planned development or development agreement for multiple parcels, approved under a LCP amendment by the Coastal Commission. Any LCP amendment to provide for a planned development or development agreement shall be subject to a wetland delineation determination in accordance with policy 4.4.3(B) of the Malibu LIP prior to approval.

(5) Subsequent to September 15, 2004, if no specific plan or other comprehensive plan has been approved by the Coastal Commission as an LCP amendment, applications for new commercial development, other than improvements to existing uses, on individual parcels located in the Civic Center Overlay area shall be subject to a wetland delineation determination in accordance with policy 4.4.3(B) of the Malibu LIP prior to approval of any new development on the site.

f. Additional Square Footage. The City Council shall have the authority to approve additional square footage for commercial development, except within the Civic Center area, as provided in Section 3.8 (A)(5) of the Malibu LIP, where the applicant has offered to the City public benefits and amenities in connection with a project subject to a Development Agreement processed pursuant to Section 13.28 of the Malibu LIP. In considering a request for additional square footage, the City Council shall apply one of the following Guidelines:

B. Determinations regarding lot widths and depths for irregularly shaped parcels, permitted driveway paths, building area and total development square footage, infill lots and yards shall be made by the Manager.

A. All institutional development shall be subject to the following development standards:

1. Height.

a. Structures shall not exceed a maximum height of 18 feet above natural or finished grade, whichever results in a lower building height, except for chimneys, rooftop antenna, and light standards. The maximum height of the structure may be increased up to 28 feet for a flat or pitched roof if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP.

b. Flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries may be increased up to a maximum of 35 feet if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP. Roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included) if approved through a site plan review pursuant to Section 13.27 of the Malibu LIP.

c. In no event shall the maximum number of stories above grade be greater than two.

d. Sports field lighting shall be limited to the main sports field at Malibu High School and subject to the standards of LIP Sections 4.6.2 and 6.5.G.

2. Yards/Setbacks.

a. Front yard setbacks shall be 10 feet from the street easement.

b. Side yard setbacks shall be 5 feet; however, when an institutional use is adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to 10% of the lot width or 10 feet, whichever is greater.

c. Rear yard setbacks shall be 5 feet; however, when an institutional use is adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to 15% of the lot depth or 15 feet, whichever is greater.

3. Site Development Criteria. All proposed institutional construction shall comply with the following site development standards:

a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or 15% of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the City Council, up to the maximum allowed for the parcel under the Land Use Plan, where additional significant public benefits and amenities are provided as part of the project.

b. Landscaping and Site Permeability. 25% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required 5 foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5(E)(1) of the Malibu LIP shall count toward the 25% requirement. An additional 5% of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.

B. Determinations regarding lot widths and depths for irregularly shaped parcels, permitted driveway paths, building area and FAR, infill lots and yards shall be made by the Planning Manager, consistent with all applicable certified Local Coastal Program policies and development standards.

3.10 (RESERVED)