Malibu Municipal Code § 8.4 Seasonal Restrictions on Grading

A. Development shall be planned to fit the topography, soils, geology, hydrology, and other conditions existing on the site so that grading is kept to an absolute minimum.

B. Maximum Quantity of Grading. Notwithstanding any other provisions of the Malibu LIP, grading per lot of single-family residential development, per acre of multi-family residential development, per acre of commercial development, or per acre of institutional development (total cut and fill) is limited to 1,000 cubic yards as follows:

1. In conjunction with any grading, so that the maximum is not greater than 1,000 cubic yards (exclusive of remedial grading) cut and fill may be allocated as follows:

a. Balanced cut and fill up to 1,000 cubic yards; or

b. Export of no more than 1,000 cubic yards; or

c. Import of no more than 500 cubic yards, where additional grading on site does not exceed 500 cubic yards in conjunction with any landform alteration so that the maximum is no greater than 1,000 cubic yards; or

d. Any combination of the above that does not exceed 1,000 cubic yards.

2. The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.

C. Maximum Height of Cuts and Fills with Retaining Walls. 6 feet in height for any one wall, or 12 feet for any combination of walls, where a minimum 3-foot separation exists between walls, except single cuts up to 12 feet in height which are an integral part of the structure are permitted. Retaining walls shall be designed with smooth, continuous lines that conform to the topography.

D. Maximum Grade Cut Or Fill. 3:1 for areas created for development of structures and open yard areas. Transition slopes may not exceed 2:1 and shall not exceed the maximum height permitted for cuts or fills.

E. Design of Grading. Grading shall be designed to minimize the alteration of landforms by incorporating measures including, but not limited to the following.

1. Conforming to the natural topography. Contour grading shall be used to reflect original landform and result in minimum disturbance to natural terrain.

2. Avoiding a manufactured appearance of slopes by creating smooth flowing contours of varying gradients with slopes of 2:1 or less. Avoid sharp cuts and fills as well as long linear slopes that have uniform grade.

3. Essential grading shall complement the natural landforms. At the intersection of a manufactured cut or fill slope and a natural slope, a gradual transition or rounding of contours shall be provided.

4. Eliminating flat building pads on slopes. Building pads on sloping sites shall utilize split-level or stepped-pad designs to notch development into hillsides, where feasible.

5. Ensuring that graded slopes blend with the existing terrain of the site and surrounding area.

F. Grading Plans. Grading plans shall be submitted for approval with building plans. No grading permits shall be issued until a building permit is approved.

G. Remedial Grading. Notwithstanding the limitations of this subsection, the Manager may permit remedial grading pursuant to Site Plan Review, Section 13.27 of the Malibu LIP. For the purposes of this Section, remedial grading is defined as grading necessary to mitigate an environmental hazard as recommended by a geotechnical report approved by City Geotechnical staff. No such remedial grading will be allowed when it could be avoided by changing the position or location of the proposed development. Remedial grading that would result in substantial landform alteration shall not be permitted where project alternatives, including but not limited to, deepened foundations, caissons, soldier piles could be utilized to provide equivalent geologic stability.

H. Grading for the Construction of Best Management Practices. Notwithstanding the limitations of this subsection, the City may approve grading not to exceed 500 cubic yards total for the purpose of implementing Best Management Practices (BMPs) designed to minimize or prevent erosion, sedimentation and polluted runoff, such as detention basins, infiltration basins and bioswales.

I. Exceptions. Excavation for foundations and other understructure excavation and incremental excavation for basements and safety purposes shall be excluded from grading limitations.

J. Grading Operations. The area of soil to be disturbed at any one time and the duration of its exposure shall be limited. Erosion and sediment control measures shall be installed as soon as possible following the disturbance of the soils. Construction equipment shall be limited to the actual area to be disturbed according to the approved development plans.

A. Earthmoving during the rainy season (extending from November 1 to March 31) shall be prohibited for development that is included in one or both of the following categories, unless permitted pursuant to the provisions of Paragraphs C or D, below.

1. The project site is within an Environmentally Sensitive Habitat Area or an ESHA buffer that drains into an Environmentally Sensitive Habitat Area.

2. The project includes grading on slopes greater than 4:1.

B. Grading operations approved for development included in one of these categories shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season.

C. If grading operations are not completed before the rainy season begins due to unforeseen circumstances or delays, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31.

1. Where grading operations have not been completed before the rainy season begins, the Planning Manager may permit grading to continue if he determines that

a. completion of grading would be more protective of resources, and

b. that Best Management Practices (BMPs), both structural and non-structural, designed to minimize or prevent erosion, sedimentation and polluted runoff are being implemented to a degree that would prevent significant water quality impacts or any significant disruption of habitat values within an Environmentally Sensitive Habitat Area.

D. Grading during the rainy season may be permitted to remediate hazardous geologic conditions that endanger public health and safety.

(Ord. 449 § 4, 2019; Ord. 373 § 3, 2013; Ord. 320 § 4.B, 2008; Ord. 303 § 3, 2007)