Construction, reconstruction or addition to a building or structure 18 feet in height or less as measured from finished or natural grade, whichever results in a lower building height for a non-beachfront lot, and 28 feet in height or less for a beachfront lot;

Structures constructed on slopes greater than 3:1 but less than 2 1/2:1, not located in the Malibu Country Estates Overlay District;

Remedial grading not to exceed a cumulative 5,000 cubic yards per property;

One driveway, provided it is designed to be the least disruptive to the natural topography and provide the most direct route to the residence;

Detached accessory structures that have 200 square feet or less of floor area and do not exceed 14 feet in exterior height;

Fences and walls, including, but not limited to, retaining walls consistent with Section 17.40.030(A)(4) of this code;

Retaining walls over six feet, up to a maximum of 18 feet in height if the wall is used to create a building pad and it can be demonstrated that the wall will be blocked by the building from the view of the general public or adjacent property owners;

Trellises, patio covers, and decks;

Pools, spas, tennis courts/recreation courts, exterior stairs, or impervious surface(s);

Landscape/hardscape plans, fuel modification and grading plans;

Projects, which are determined by the planning manager/director to be similar to and likely to have no greater impacts than those projects, enumerated above; and

All other projects which do not require any discretionary approvals.

Construction, reconstruction or addition to a building on a non-beachfront lot resulting in height increases over the base 18 feet up to 28 feet in height for a pitched roof and 24 feet for a flat roof as measured from finished or natural grade, whichever results in a lower building height;

Remedial grading within the Malibu Country Estates Overlay District necessary to maintain existing building pads and slopes and to restore a building site as constructed in the original grading plan for Tract 30134;

Grading not exceeding 100 cubic yards total cut and fill within the Malibu Country Estates Overlay District;

Satellite or communication devices and antennas within the Malibu Country Estates Overlay District which exceed one meter in diameter and that project above rooflines or are visible from public streets or sidewalks, where necessary to accommodate the technical requirements of the equipment;

Visually non-permeable sports court fences, not exceeding 12 feet in height;

Wireless telecommunications antennae and facilities (pursuant to the provisions of Chapter 17.46) that comply with the Most Restrictive Design Criteria set forth in Section 17.46.070;

Reduction of the 100 foot setback from an ESHA to no less than 50 feet;

Reduction of setback and open space requirements by no more than 20%, except that front yard setbacks may be reduced by no more than 50%;

Remedial grading over 5,000 cubic yards, but not exceeding a cumulative of 15,000 cubic yards per property;

Sea walls, bulkheads, or any other shoreline protective devices, except for those that meet the requirements for a De Minimis Waiver listed in LIP Section 13.4.11 or rebuild development permit listed in Section 17.62.080 as required;

Exemption from the hillside development ordinance provided that it can be demonstrated that the proposed development cannot be seen from public scenic areas;

For institutional development, height increases over the base district maximum of 18 feet up to a maximum of 35 feet in height for flagpoles, satellite dishes, safety railings, elevator shafts, stairwells, church spires, and belfries where consistent with all applicable Malibu Local Coastal Program policies and development standards. 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).

Non-beachfront development over 18 feet in height on a replacement structure where the previously existing structure was damaged or destroyed by a natural disaster and the replacement structure is not sited substaontially in the same location on the affected property as the damaged or destroyed structure, so long as the new location is substantially superior after considering the impact of the relocation on ESHA, visual resources, and safety; with safety being the primary consideration.

For development over 18 feet in height where the replacement structure is not proposed to be sited in substantially the same location on the affected property as the damaged or destroyed structure, a notice of application shall be provided to all properties within a 1,000 foot radius of the development.

The project is compatible with other development in the adjacent area in relation to size, bulk, and height;

The project will not have a significant adverse impact on natural resources and makes suitable provisions for the preservation of natural hydrology, native plant materials, wooded areas, visually significant rock outcroppings, rough terrain, coastal bluffs and similar natural features;

Remedial grading (if applicable) exceeding 5,000 cubic yards is necessary to mitigate a geotechnical hazard as identified in a certified geotechnical report prepared by a California licensed geologist and reviewed and approved by the city geologist. The remedial grading will not result in a significant adverse impact on visual or biological resources;

The project does not obstruct visually impressive scenes of the Pacific Ocean, offshore islands, Santa Monica Mountains, canyons, valleys, or ravines from the main viewing area of any affected principal residence as defined in Section 17.40.040(A)(17);

That the project does not affect solar access, as defined by staff;

The project is consistent with the city's general plan, local coastal program, municipal code, and city standards;

The proposed project complies with all applicable requirements of state and local law;

A sea wall, bulkhead or other shoreline protective device (if applicable) is necessary to protect an existing structure and/or an existing or new sewage disposal system as identified in a certified coastal engineering report prepared by a California licensed engineer and reviewed and approved by the city's coastal engineer.

The ERB shall review the application and may require additional information as part of its review process.

Following its review, the ERB shall make a recommendation to the planning manager/director to approve the project, approve with conditions, or deny the application.

If the planning manager/director accepts the recommendation, the applicant shall have the opportunity to appeal this decision, pursuant to Sections 17.04.160 through 17.04.230 of this code.

If the planning manager/director does not accept the recommendation of the ERB, the application shall be automatically referred to the planning commission.

Mechanized equipment or temporary shoring on the beach necessary to construct beachfront properties so long as construction activities do not enter the intertidal zone and in no case shall extend beyond the previously existing primary development pad.

An on-site wastewater treatment system (OWTS) that replaces or improves an OWTS serving a structure that that was damaged or destroyed by a natural disaster.

New seawalls, as determined necessary by the planning director or building official to protect coastal resources, that protect an OWTS serving a structure that was damaged or destroyed by a natural disaster. New seawalls shall be sited only at the boundary of OWTS that it protects. New seawalls shall not extend into any existing public access easements or public access deed restrictions, excluding any such easements or deed restrictions on the seaward side of the OWTS it protects, and shall not expand further into previously approved public view corridors or further into open space deed restrictions.

Any new structure or improvement (including, but not limited to, foundation systems, utilities, driveways, water tanks, and other water storage devices) that is necessary or recommended to construct, install, or use the replacement structure described in subsection A in compliance with all applicable state and local laws and regulations.

Minor improvements to existing driveways or access roads that are required by the fire department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. Accessory structures, such as retaining walls, necessary to accommodate the driveway or access road improvement shall also be allowed, including new cuts on slopes steeper than 3:1 but shall not exceed 1:1 or steeper. Retaining walls shall not exceed six feet in height for any one wall, nor 12 feet for any combination of walls (including required freeboard), and which shall be separated by at least three feet. Improvements shall not extend into a public access easement or public access deed restriction and shall not expand further into a previously approved public view corridor (except for on-grade driveways), or further into open space deed restrictions. Access improvements that do not meet the requirements of this subsection may be processed as an administrative coastal development permit or as a regular coastal development permit as listed in the Malibu LIP.