Malibu City Zoning Code
CHAPTER 17
04 ADMINISTRATION AND ENFORCEMENT
§ 17.04.010 Conflicting permits and licenses to be voided.
All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform with the provisions of this title and shall issue no permits or licenses for uses, buildings or any purpose in conflict with the provisions of this title. Any such permit or license issued in conflict with this title shall be null and void.
(Prior code § 9111; Ord. 86 § 3, 1993)
§ 17.04.020 Administrative authority.
The director may authorize a representative to carry out any of the duties and responsibilities delegated to him or her by this title.
(Prior code § 9112; Ord. 86 § 3, 1993)
§ 17.04.030 Planning clearance.
Prior to issuance of a building or grading permit for any building or structure hereafter erected or altered, or initiation of use, a planning clearance pursuant to the provisions of this title shall be issued by the planning manager/director certifying that the permit or use complies with all provisions of this title.
(Prior code § 9113; Ord. 86 § 3, 1993; Ord. 93 § 7, 1993; Ord. 261 § 6, 2004)
§ 17.04.040 Occupancy inspection.
No parcel of land shall be occupied or used and no building hereafter erected or altered shall be occupied or used until an inspection by the director verifying that all requirements and conditions related to that use or construction have been met.
(Prior code § 9114; Ord. 86 § 3, 1993)
§ 17.04.050 Determination of permitted uses.
When a use is not specifically listed or is determined by the director not to be included in a general category of use in the chapter defining uses permitted, it shall be assumed that such uses are prohibited unless it is determined by an action of the planning commission, following receipt of a recommendation from the director, and a public hearing, that the use is similar to and not more objectionable than the uses listed. A determination of similar use shall be processed in the same manner as provided in Chapter 17.74 of this title.
(Prior code § 9115; Ord. 86 § 3, 1993)
§ 17.04.060 Minimum requirements.
In interpreting, analyzing and applying the provisions of this title unless otherwise stated, they shall be held to be the minimum requirements for promotion of public health, safety, peace, comfort and general welfare. To the extent that the decisions required by this title are discretionary, the applicant may be subject to standards which are stricter than those required here.
(Prior code § 9116; Ord. 86 § 3, 1993)
§ 17.04.070 Conflict with other regulations.
A.
Where conflicts occur between the regulations of this title and the building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.
B.
Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade or occupation nor shall anything in this title be deemed to repeal or amend the building code of the city.
(Prior code § 9117; Ord. 86 § 3, 1993)
§ 17.04.080 Consistency with general plan.
An application approved by any review body must be found consistent with the objectives, policies, general land uses, and goals of the Malibu general plan. Before it is adopted, all decisions are subject to the requirements of Government Code Section 65360.
(Prior code § 9118; Ord. 86 § 3, 1993)
§ 17.04.090 Enforcement of provisions.
A.
Purpose. Enforcement of the provisions of this title and any entitlements granted by the city may be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts and to protect the public health, safety and welfare.
B.
Violations and Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of any of the provisions of this title and/or any condition of any entitlement or permit granted under this title are subject to the administrative penalty provisions of Chapter 1.10. Each day that a violation continues shall constitute a separate offense. The city may recover costs associated with the abatement of violations of this title. In addition to all other remedies available under this code and otherwise, the requirements of this title may be enforced by injunctive or declaratory relief.
C.
Responsibility for Enforcement. The planning department shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use entitlements granted by the city and this title. Such enforcement shall include the right to inspect properties, buildings and structures to ensure adequate compliance with the standards of this title. Any use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title is declared to be unlawful and shall be subject to the remedies and penalties set forth in subsection B of this section, and/or revocation procedures initiated pursuant to the following chapters contained in this title:
(Prior code §§ 9120—9122; Ord. 86 § 3, 1993; Ord. 325 § 16, 2008)
§ 17.04.100 Calvo Exemptions to the Coastal Act.
Applicants for permits to construct a single-family residence on an existing vacant lot may request a certification of eligibility for Calvo Exemption to the requirements of a coastal development permit. The director shall issue a certification where, based on substantial evidence, he or she makes all the following findings:
A.
The proposed single-family residence is within the area designated by the coastal commission mapped Calvo areas, but outside any designated riparian or wetland buffer areas that may be within a specifically designated area. Maps for these areas are on file at the city planning department.
B.
Construction will not be located between the first public road and the sea or immediately adjacent to the inland extent of any beach or of the mean high tide line where there is no beach.
C.
The vacant lot is a legal lot as of January 1, 1980 and conforms with the minimum lot size and lot use designations of the Malibu general plan and zoning ordinance.
D.
Construction will not be located within an area known to the city, or designated by any other public agency, as a geologic hazard area or as a flood hazard area, or, if located within such an area, it has been determined by the city to be a safe site for the construction of a single-family residence.
E.
Construction will not be any more than 250 feet from an existing, improved all weather road.
F.
The single-family residence can be served by legally adequate and available water supply that is for use either by means of a well or by means of a connection to a water system with sufficient capacity to serve such lot or lots; provided that no such connection shall require the extension of an existing water main which would have the capacity of serving four or more additional single-family residential structures.
(Prior code § 9123; Ord. 224 § 3, 2001; Ord. 254 § 3, 2003)
§ 17.04.110 Applications and fees.
These provisions are intended to prescribe the filing of applications for permits, amendments and approvals when required by this title.
(Prior code § 9560; Ord. 86 § 3, 1993)
§ 17.04.120 Applications-Filing.
Applications for permits, amendments and approvals shall be filed with the planning division on a City application form, together with all required plans and maps. Any such application shall be made by the owner(s) of the property for which the permit is sought, by an authorized agent, or by buyer in escrow who presents written authorization for the application from the owner/seller. The lessee of a parcel of land upon which a permit is sought may file an application, provided that the application is accompanied by the property owner's written approval of the application. Until an application is deemed to be complete by the planning division, no action shall be taken. Where more specific filing requirements are provided for in this title which conflict with the provisions of this chapter, the more specific provisions shall govern.
(Prior code § 9561; Ord. 86 § 3, 1993; Ord. 254 § 3, 2003)
§ 17.04.130 Application fees.
A.
The city council shall, by resolution, establish a schedule of fees for permits, approvals, and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the city council. Until all applicable fees have been paid in full, no application shall be deemed complete and no action shall be taken on any application, appeal or other matter pertaining to this title for which a fee is required.
B.
All fees for new land development, private revitalization and new occupancy approvals shall cover the costs of permit issuance and administration.
C.
No fee for a temporary use permit shall be charged to a bona fide non-profit corporation or to an organization or person wishing to exercise free speech who demonstrates to the director inability to pay otherwise applicable fees.
(Prior code § 9562; Ord. 86 § 3, 1993)
§ 17.04.140 Other fees.
A.
As provided by the Government Code, the council may impose a specific plan fee upon persons seeking approvals which require approval of a specific plan.
B.
The city may require specific fees to compensate for the impact caused by new development where such impacts are specifically identified by the city. Such fees may include but are not limited to wastewater disposal fees, school fees, transit fees, open space fees, recreation fees, child care fees, and parking fees. In addition, the city may require irrevocable developer commitments to pay for the cost of public improvements which are required to serve any new or substantially revitalized project.
(Prior code § 9563; Ord. 86 § 3, 1993; Ord. 93 § 85, 1993)
§ 17.04.150 Proof of ownership or owner's consent.
In addition to other information required to be submitted with an application, applicants must prove that they own the property which is the subject of the application or provide the city with written consent from the owner for the city to process the application. Applicants for shoreline property must prove that the project will be constructed entirely on private property and that it meets all setback requirements.
(Prior code § 9564; Ord. 86 § 3, 1993)
§ 17.04.160 Hearings and appeals-Purpose.
The provisions in Sections 17.04.170 through 17.04.230 are intended to specify procedures for public hearings and to provide recourse in the event that any person is aggrieved by any decision made by the planning manager/director or the planning commission in the administration and enforcement of this title. They shall apply to all decisions of the planning manager/director and all decisions of the planning commission regarding applications that require public notice, except for general plan, zoning map or text amendments, or where more specific requirements are otherwise provided for in this title.
(Prior code § 9570; Ord. 86 § 3, 1993; Ord. 93 § 86, 1993; Ord. 261 § 7, 2004)
§ 17.04.170 Hearings and appeals-Application processing.
Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code.
(Prior code § 9571; Ord. 86 § 3, 1993)
§ 17.04.180 Notice of hearing.
A.
Not less than 21 days before the date of a public hearing, public notice shall be given of such hearing in the following manner:
1.
A public notice shall be published in a newspaper of general circulation within the city. Such notice shall state the nature of the request, the location of the property, and the time and place of the scheduled hearing.
2.
For all items subject to approval by the planning commission or director requiring a public hearing, a public notice shall be mailed, post pre-paid, to the owners and tenants of the property within a radius of 500 feet of the exterior boundaries of the property involved in the application.
B.
A public notice shall be posted in a public place in the offices of the city at least three days prior to the hearing.
C.
Where more specific notice requirements are provided for in this title which conflict with the provisions of this chapter, the more specific provisions shall govern.
(Prior code § 9572; Ord. 86 § 3, 1993; Ord. 111 § 7, 1994)
§ 17.04.190 Hearing procedure.
Public hearings as provided for in this chapter shall be held at the time and place for which notice has been given as required in this chapter. Any such hearings may be continued provided that prior to the adjournment or recess thereof, the chair announces the time and place to which such hearings will be continued. Notice shall be given to all persons who speak on a public hearing item which is being continued not less than 21 days prior to the new hearing date.
(Prior code § 9573; Ord. 86 § 3, 1993; Ord. 111 § 7, 1994)
§ 17.04.200 Notice of decision.
Within 10 days after a final decision by resolution has been made regarding an application for which a public hearing is required, notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application and any interested parties requesting notice.
(Prior code § 9574; Ord. 86 § 3, 1993)
§ 17.04.210 Effective date.
All matters for which the director or commission have final approval authority shall become final 10 days following their approval, unless the decision is appealed.
(Prior code § 9575; Ord. 86 § 3, 1993)
§ 17.04.220 Appeal of action.
A.
Any person aggrieved by a decision or any portion of the decision made by the director under the provisions of this title in connection with a site plan review, variance, stringline modification, conditional use permit, reasonable accommodation request, determination of permitted use, sign permit, cultural resources review, highway dedication or improvement, or temporary use permit application may appeal such action to the planning commission. Any person aggrieved in a similar manner by such a decision made by the planning commission may appeal such action to the city council.
B.
Appeals shall be addressed to the appellate body on a form prescribed by the city. The appeal shall state the basis of the appeal. Only matters raised in the appeal shall be subject to review. Any matter not raised in the appeal shall not be subject to consideration by the appellate body. The purpose of this limitation is to provide adequate notice to all parties with respect to the issues on appeal and eliminate the necessity of rehearing matters not subject to challenge. Although the issues on appeal will be limited by the appeal, the appellate body will accept new evidence (de novo appeal) and will not be bound by the previous record.
C.
An appeal shall be filed with the city clerk within 10 days following the date of action for which an appeal is made. Appeals shall be accompanied by the filing fee as specified in Section 17.04.120, and shall be processed and noticed in the same manner as the original application. An appeal must identify the decision or portion of the decision being appealed and state the specific grounds for the appeal. An appellant shall have an additional 10 days following the date of filing the appeal to submit to the city clerk in writing, the specific grounds for the appeal. If the appellant does not submit grounds for the appeal within the time allowed by this section, the city clerk shall return the filing fee and the appeal shall be deemed to have been withdrawn.
D.
A copy of the appeal form shall be sent by the city to the applicant, if they are two separate parties, by certified mail to the address listed on the application within one week of its filing.
E.
An action of the planning manager/director appealed to the planning commission shall not become effective unless and until final action by the planning commission. An action of the planning commission appealed to the city council shall not become effective unless and until final action by the city council.
F.
In the event an appeal from an action of the planning manager/director results in a deadlock vote by the planning commission, the decisions of the planning manager/director shall be reinstated unless appealed to the city council.
G.
In the event that an appeal from an action of the planning commission results in a deadlock vote by the city council, the action of the planning commission shall be final.
(Prior code § 9576; Ord. 86 § 3, 1993; Ord. 261 § 8, 2004; Ord. 449 § 8, 2019)
§ 17.04.230 Reapplication.
An application or appeal may be denied with prejudice. If such denial becomes final, no further application for the denied request shall be filed in the ensuing 12 months, except as otherwise specified at the same time of denial. An application may be denied with prejudice on the grounds that two or more similar applications have been denied in the past two years, or, that another good cause exists for limiting the refiling of the application. There shall be no such limitation on refiling placed upon a project denied without prejudice.
(Prior code § 9577; Ord. 86 § 3, 1993)