Malibu City Zoning Code
CHAPTER 17
66 CONDITIONAL USE PERMITS
§ 17.66.010 Purpose.
Conditional uses are those uses which are regarded as compatible with uses which are automatically permitted in a zoned district but which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the particular use being proposed for a particular location. The purpose of the conditional use permit is to ensure adequate public review and input for all development projects which potentially impact the community; ensure that the proposed development does not impair the integrity of that district; and to provide the opportunity to impose reasonable and necessary conditions to assure compatibility. At the time of application for a conditional use permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted, or conditionally permitted, as proposed.
(Prior code § 9440; Ord. 86 § 3, 1993)
§ 17.66.020 Application.
§ 17.66.030 Application requirements for commercial development.
In addition to all other required information, any proposed commercial development which involves new development or expansion of existing buildings totaling at least 500 square feet shall submit the following information:
A.
A market analysis indicating a clear and compelling economic and social need in the city for the proposed development, and demonstrate its economic viability, and impact on city services;
B.
A geotechnical and hydrological report to be reviewed by the city geologist and other appropriate city representatives;
C.
Reports indicating anticipated impacts on existing utility service, sewage and wastewater systems;
D.
Submittal of other studies or environmental analysis as provided for under the California Environmental Quality Act (CEQA), as determined by the city. The city shall also have the authority to require the submittal of appropriate fees to cover the cost of independent analysis of such issues.
(Prior code § 9442; Ord. 86 § 3, 1993)
§ 17.66.040 Applicable zone regulations.
All regulations prescribed in the zone in which a use subject to a conditional use permit is granted shall apply to such use, unless a regulation which is expressly subject to being modified by conditional use permit is in fact so modified.
(Prior code § 9443; Ord. 86 § 3, 1993)
§ 17.66.050 Hearing and notice.
Upon receipt in proper form of a conditional use permit application, a public hearing shall be set and notice of such hearing given in a manner consistent with the requirements contained in Sections 17.04.160 through 17.04.230.
A.
A notice shall be mailed, postage pre-paid, to any organization or homeowners associations that requests in writing and to all property owners and tenants within a 500 foot radius of the subject property and in no event less than 10 developed properties.
B.
Such notice shall state the nature of the request, location and zoning designation of the property, zoning, name of the project proponent, and the time and place of the meeting.
C.
Notices shall be mailed not less than 21 days prior to the meeting.
(Prior code § 9444; Ord. 86 § 3, 1993; Ord. 111 § 7, 1994)
§ 17.66.060 Review authority.
A.
Minor conditional use permits may be decided upon by the director. Any subsequent changes to the permit shall be decided upon by the director. Any use that requires director's review and approval shall require a minor conditional use permit.
B.
Applications for minor conditional use permits may be referred to the planning commission at the discretion of the director.
C.
Major conditional use permits shall be decided upon by the planning commission. Minor changes to the permit may be subsequently decided upon by the director; however, significant changes involving a major deviation from the original approval of the permit must be approved by the commission.
(Prior code § 9445; Ord. 86 § 3, 1993)
§ 17.66.070 (Reserved)
(Repealed by Ord. 261, 2004)
§ 17.66.080 Findings.
Following a public hearing on the conditional use permit application, the director or the planning commission shall record their decision in writing and shall recite therein the findings of fact upon which their decision is based.
The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, provided that all of the following findings of fact are made in a positive manner:
A.
The proposed use is one conditionally permitted within the subject zone and complies with the intent of all of the applicable provisions of this title.
B.
The proposed use would not impair the integrity and character of the zone in which it is to be located.
C.
The subject site is physically suitable for the type of land use being proposed.
D.
The proposed use is compatible with the land uses, if any, presently on the subject property and in the surrounding neighborhood.
E.
The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.
F.
There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety and the project does not affect solar access or adversely impact existing public and private views, as defined by the staff.
G.
There would be adequate provisions for public access to serve the subject proposal.
H.
The proposed use is consistent with the goals, objectives, policies, and general land uses of the Malibu general plan, or, if the general plan is not yet adopted, that: (1) the project will not adversely affect the city's ability to prepare a general plan; (2) the project is likely to be consistent with the general plan being prepared; (3) even if the project is ultimately inconsistent with the general plan, there is no probability of a substantial detriment to or interference with the future adopted general plan; and (4) the city is proceeding toward completion of a general plan in a timely manner.
I.
The proposed project complies with all applicable requirements of state and local law.
J.
The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare.
K.
If the project is located in an area determined by the city to be at risk from earth movement, flooding or liquefaction, there is clear and compelling evidence that the proposed development is not at risk from these hazards.
(Prior code § 9447; Ord. 86 § 3, 1993)
§ 17.66.090 Conditions of approval.
The director or commission, in approving an application for a conditional use permit, may impose such conditions as are deemed necessary to insure that such use will be in accord with the findings required by Section 17.66.080. Conditions imposed by the director or commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to, conditions restricting or regulating the establishment, operation or maintenance of the following:
A.
Special yards, open spaces and buffer areas;
B.
Fences and walls;
C.
Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;
D.
Street and highway dedication and improvements, including sidewalks, curbs and gutters;
E.
Water supply and fire protection;
F.
Landscaping and maintenance of grounds;
G.
Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electro magnetic disturbances and radiation;
H.
Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
I.
Regulation of signs;
J.
A specified validation period limiting the time in which development must commence;
K.
Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
L.
Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan, and the intent and purpose of this title;
M.
Provisions for adequate public services to meet the needs caused by the use, e.g., child care services, social services, etc.; and
N.
A specified duration after which the permits will expire of its own accord and the use permitted thereunder must cease.
(Prior code § 9448; Ord. 86 § 3, 1993)
§ 17.66.100 Use, time and revocation.
A.
Use of Property Following Decision. No permits shall be issued for any use or structure proposed in an application for approval of a conditional use permit until, and unless, the same shall have become final. Furthermore, no conditional use permit shall be effective for any purpose until the applicant executes an affidavit provided by the city declaring that the applicant is aware of and accepts any conditions that have been imposed upon the permit, and records the affidavit with the county recorder.
B.
Permit Validity. To assure continued compliance with the provisions of this chapter, each approved conditional use permit may, where appropriate, contain a condition requiring a specific time limit of operation. To allow for continued operation, the applicant may secure one or more extensions of time in the same manner prescribed for obtaining a conditional use permit. In the absence of an extension of time, the use subject to the conditional use permit must cease upon its expiration; no vested rights shall accrue by virtue of prior operation of the use under the permit. A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title shall run with the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.
C.
Revocation.
1.
If it has cause to believe that grounds for revocation or modification may exist, the planning commission shall hold a public hearing upon the question of modification or revocation of a conditional use permit granted under or pursuant to the provisions of this chapter. Notice of such hearing shall be the same as would be required for a new conditional use permit.
2.
A conditional use permit shall be revoked if the planning commission finds that one or more of the following conditions exists:
3.
The conditions under which a conditional use permit was approved may be modified by the city without the consent of the property owner or operator if the planning commission finds that the use or related development constitutes or is creating a nuisance.
(Prior code § 9449; Ord. 86 § 3, 1993)
§ 17.66.110 Large family day care permit.
A.
Criteria for Approval. Subject to the procedural requirements specified below, all requests for large family day care facilities shall be granted if the following conditions are met:
1.
The subject property is located in a zoning district which permits single-family residences.
2.
The subject property complies with all required standards for single-family residences.
3.
The proposed site shall be at least 1,000 feet from any other large family day care facility.
4.
The subject site shall provide one on-site parking space for every employee (based on peak hours). In addition, the applicant shall provide one space for every five persons served (based on peak hours).
5.
The proposed use shall comply with all city noise regulations.
B.
Procedural Requirements. The applicant shall submit the names and addresses of all property owners within 100 feet of the subject property in a manner consistent with the city's notification requirements. Notices shall be mailed to these property owners a minimum of 10 days in advance of the decision. The planning director shall render a decision which may be appealed by the applicant or affected parties to the planning commission. Any appeal requests shall comply with the provisions of Sections 17.04.160 through 17.04.230.
(Prior code § 9450; Ord. 86 § 3, 1993; Ord. 93 §§ 69, 70, 1993)
§ 17.66.120 Medical marijuana dispensaries.
A.
Location Criteria. A medical marijuana dispensary and/or a retailer storefront engaged in commercial cannabis activity shall be located in compliance with the following requirements:
1.
The interior walls of the dispensary and/or retailer-storefront tenant space shall not be located within 1,000 feet, using a straight line radius, of the interior walls of any other medical marijuana dispensary or retailer storefront located within or outside the city.
2.
The interior walls of the dispensary and/or retailer storefront tenant space shall not be located within 1,000 feet, using a straight line radius, of the property lines of a property containing a church, temple, or other places used primarily for religious worship, or a playground, public park, public library, licensed child day care facility, nursery school or school that is located within or outside the city. For the purposes of this requirement, ''school" shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels preschool and kindergarten through 12.
3.
A dispensary and/or retailer-storefront tenant space located above the ground floor shall be accessible to persons with disabilities in conformance with the California Building Code and Los Angeles County Building Code. If such tenant space does not meet this requirement, a condition of approval shall be included requiring the modifications necessary to achieve such accessibility.
4.
For purposes of determining compliance with (A)(1) through (3), the date of determination for compliance for an existing medical marijuana dispensary permitted under Section 17.66.120 engaging in retailer storefront activity at its original location shall be the date on which the conditional use permit under Section 17.66.120 was issued in the first instance. A previously issued conditional use permit subject to Section 17.66.120 shall be prima facie evidence that a medical marijuana dispensary and/or retailer storefront is in compliance with (A)(1) through (3). Nothing contained in this subsection A shall prohibit the city from conducting inspections and other legally applicable actions to enforce the conditions in subsection B to which a medical marijuana dispensary and/or retailer storefront is subject.
B.
Development and Performance Standards. The purpose of this subsection B is to assure that the operations of medical marijuana dispensaries and/or retailer storefronts are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries and/or retailer storefronts. Medical marijuana dispensaries and/or retailer storefronts shall operate in compliance with the following standards:
1.
Dispensaries and/or retailer storefronts shall install lighting to illuminate the exterior of the building and all entrances and exits to the facility. Exterior lighting shall be one foot candle, and shall remain on until at least one hour after the closing of the dispensary.
2.
Security guards shall be provided at all entrances and exits of the dispensary and/or retailer-store-front tenant space during all hours of operation. Any security guards employed by or provided at any dispensary and/or retailer storefront shall be currently licensed by the Department of Consumer Affairs, shall possess a valid "Security Guard Card" at all times while on the premises, and shall be in full compliance with all laws and regulations governing security guards.
3.
If determined necessary by the city manager at any time, dispensaries and/or retailer storefronts shall provide a neighborhood security guard patrol for a two-block radius surrounding the dispensary during all or specified hours of operation.
4.
No doctor shall issue a recommendation within the dispensary and/or retailer-storefront tenant space for medical cannabis.
5.
There shall be no sales of alcohol or tobacco, and there shall be no smoking, vaporization or consumption of alcohol, tobacco, cannabis, or medical cannabis in any form, within the dispensary and/or retailer-storefront tenant space.
6.
Hours of operation shall be limited to Monday through Saturday, between the hours of ten a.m. and eight p.m. and Sunday between the hours of twelve p.m. and seven p.m.
7.
Retailer storefronts and/or dispensaries may dispense medical cannabis to qualified patients and their caregivers as defined by California Health and Safety Code Section 11362.5 (Proposition 215). Qualifications shall include, but not necessarily be limited to, possession of a valid doctor's recommendation, not more than one year old, for medical marijuana use by the patient or a medical marijuana identification card issued as part of the medical marijuana ID program for Los Angeles County.
8.
Retailer storefronts and/or dispensaries shall notify patrons of the following through posting of a sign in a conspicuous location within the retailer storefront and/or dispensary tenant space:
a.
Use of medical cannabis shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest.
b.
No smoking, vaporization or consumption of cannabis or medical cannabis in any form is permitted within the facility tenant space or onsite.
c.
Forgery of medical documents is a felony.
9.
Dispensaries shall not provide medical cannabis or medical cannabis products to any individual in an amount not consistent with personal medical use. Retailer storefronts shall not provide cannabis or cannabis products to any individual in an amount not consistent with personal use.
10.
Retailer storefronts and dispensaries shall not store more than $200 in cash reserves overnight on the premises.
11.
Any patient under 18 years of age shall be accompanied by a parent or legal guardian.
12.
Retailer storefronts and dispensaries shall maintain a community relations staff person at the retailer storefront and/or dispensary tenant space during operating hours, and shall provide law enforcement and all interested neighbors with the name and phone number of the community relations staff person to notify if there are operational problems with the establishment.
13.
The exterior appearance of the dispensary and/or retailer storefront structure shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.
14.
Malibu code enforcement officers, sheriff's deputies or other agents or employees of the city requesting admission for the purpose of determining compliance with these standards shall be given unrestricted access.
15.
The proposed use shall comply with all other applicable property development and design standards of the Malibu Municipal Code, the Medical and Adult Use Cannabis Regulation and Safety Act and any related regulations enacted, and with the provisions of Health and Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof.
16.
Numerical Limit. No more than two conditional use permits for medical marijuana dispensaries and/or retailer-storefront commercial cannabis activity shall be issued and active at one time in the city. This numerical limit shall not apply to the change in location of an existing retailer storefront where a retailer storefront permitted pursuant to Chapter 5.55 applies for a conditional use permit subject to this section at a new location as part of a lawful relocation pursuant to Section 5.55.070. This numerical limit shall not be used as a ground for not processing an application for conditional use permit subject to this section or for not issuing a conditional use permit as part of a lawful relocation of a retailer storefront permitted pursuant to Chapter 5.55.
17.
Indemnification and Disclaimer Provision.
a.
To the fullest extent permitted by law, the city of Malibu shall assume no liability whatsoever, and expressly does not waive sovereign immunity, with respect to cannabis and cannabis products, medical cannabis and medical cannabis products, or for the activities of any medical marijuana dispensary and/or retailer storefront. Upon receiving possession of a conditional use permit, the operator of the dispensary shall sign an agreement:
b.
As a condition of approval of a conditional use permit, the applicant property owner, business operator, and their respective successors in interest agree to indemnify, defend, and hold harmless, the city and its officers, officials, employees and volunteers from and against any and all claims, demands, damages, costs, and expenses of liability (including, without limitation, attorney's fees and costs of litigation) of every nature arising out of or in any way connected with the issuance of the conditional use permit and the operation of the use authorized thereby. The applicant, property owner, business operator, and their respective successors in interest shall be jointly and severally obligated for purposes of this subsection.
c.
Approval and inspection processes conducted pursuant to this chapter shall preserve to the maximum extent possible all legal protections and privileges, consistent with reasonably verifying the qualifications and status of qualified patients and primary caregivers. Disclosure of any patient information to assert facts in support of a qualified status shall not be deemed a waiver of confidentiality of that information under any provision of law.
d.
Should any medical marijuana dispensary and/or retailer storefront be determined by a court of competent jurisdiction to be in violation of any state or federal laws, the city may seek modification or revocation of the conditional use permit. Medical marijuana dispensaries and/or retailer storefronts shall be entitled to applicable due process and appeal proceedings.
e.
Should any medical marijuana dispensary or retailer storefront be determined to be in violation of any local law or cannabis-related state regulation, the planning commission may initiate proceedings to impose conditions on the conditional use permit to prevent the violation of law from occurring again. Upon the determination of a second violation, the planning commission may initiate proceedings to impose additional conditions or commence proceedings to suspend or revoke the conditional use permit. Medical marijuana dispensaries and/or retailer storefronts shall be entitled to applicable due process and appeal proceedings.
C.
Supplemental Submittal Requirements:
1.
California Department of Justice (DOJ) Live Scan: Criminal background check for the operator.
2.
Photocopies of government issued identification for each applicant and operator. These may include a state driver's license, state ID, or passport. These will be used to confirm identity and that the age of the applicant and operator is 21 years of age or older. Minors, persons under the age of 21 years of age, are not permitted to operate a dispensary or retailer storefront.
3.
A state of California seller's permit.
4.
Site plan accurately showing property lines, parking areas and existing and proposed structures and uses on the subject.
5.
Architectural Plan—Tenant Space Floor Plan and Building Elevations. A dispensary and/or retailer storefront shall have a lobby waiting area at the entrance, a designated area for dispensing, and a separate and secure designated area for storage. All entrances and exits to the tenant space and the building must be identified.
6.
One thousand Foot Radius Map and Address List. This list must include verified mailing information for property owners, and all occupants within those properties, for those properties within a 1,000 foot radius, using a straight line radius, of the dispensary and/or retailer storefront tenant space. The map must show all property boundaries within 1,000 feet of dispensary tenant space. Provide a digital, mail-merged version of the mailing information.
D.
Nothing in this section shall be construed as prohibiting the city from amending the operating standards contained herein in a manner that is consistent with the Medical and Adult-Use Cannabis Regulation and Safety Act and any regulations adopted thereto. However, the city shall not prohibit or effectively prohibit retailer-storefront commercial cannabis activity and delivery.
(Ord. 328 § 5, 2008; Ord. 392 § 4, 2015; Ord. 443 § 2, 2018)