6.5. DEVELOPMENT STANDARDS

A.    Development Siting

1.     New development shall be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent. If there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, breaking up the mass of new structures, designing structures to blend into the natural hillside setting, restricting the building maximum size, reducing maximum height standards, clustering development, minimizing grading, incorporating landscape elements, and where appropriate, berming.

2.     Where there is no feasible alternative that is not visible from scenic highways or public viewing areas, the development area shall be restricted to minimize adverse impacts on views from scenic highways or public viewing areas.

3.     Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of visual impacts shall not substitute for project alternatives including resiting, or reducing the height or bulk of structures.

4.     New development, including a building pad, if provided, 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.

B.     Development Design

1.     The height of structures shall be limited to minimize impacts to visual resources. The maximum allowable height, except for beachfront lots, shall be 18 feet above existing or finished grade, whichever is lower. On beachfront lots, or where found appropriate through Site Plan Review, pursuant to Section 13.27 of the Malibu LIP the maximum height shall be 24 feet (flat roofs) or 28 feet (pitched roofs) above existing or finished grade, whichever is lower. Chimneys and rooftop antennas may be permitted to extend above the permitted height of the structure.

2.     The length of on-site roads or driveways shall be minimized, except where a longer road or driveway would allow for an alternative building site location that would be more protective of visual resources or ESHA. Driveway slopes shall be designed to follow the natural topography. Driveways that are visible from a scenic highway, a beach, a public viewing area, or public hiking trail shall be a neutral color that blends with the surrounding landforms and vegetation.

3.     Retaining walls visible from scenic highways, public viewing areas, trails, parks, and beaches should incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape.

4.     Fences, walls, and landscaping shall not block views of scenic areas from scenic roads, parks, beaches, and other public view areas.

5.     New development in scenic areas visible from scenic roads or public viewing areas shall incorporate colors and exterior materials that are compatible with the surrounding landscape.

a.     Acceptable colors shall be limited to colors compatible with the surrounding environment (earth tones) including shades of green, brown and gray with no white or light shades and no bright tones.

b.     The use of highly reflective materials shall be prohibited except for solar energy panels or cells which shall be placed to minimize significant adverse impacts to public views to the maximum extent feasible.

c.     All windows shall be comprised of non-glare glass.

6.     New water tanks in scenic areas visible from scenic roads or public viewing areas shall be designed to be partially below grade, where feasible. Water tanks shall incorporate colors that are compatible with the surrounding landscape and landscape screening to minimize visual impacts.

C.     Hillside Development

1.     Ridgelines

a.     New development shall be sited and designed to prohibit construction of structures on a primary or secondary ridgeline. Any structures shall be located a minimum of 300 feet (measured horizontally) or 100 feet (measured vertically) from the top of a primary ridgeline, and shall maintain the roof or top of structure below a primary ridgeline when viewed from a public street or highway.

b.     Where there are no feasible building site that can conform to the requirements of Section a, or where the only feasible building site would result in unavoidable adverse impacts to environmentally sensitive habitat areas, then a variance may be approved for a building site that does not conform to these standards, with design measures that minimize the visual resource impacts. Any structures approved on such a building site shall be limited to one-story in height.

2.     Drainage Devices

Drainage devices, including but not limited to, terrace drains, bench drains, downdrains, should be placed in locations of least visibility on slopes. The side of a drain should be bermed to conceal it. Visible concrete drains should be colored to match the natural soils and screened with landscaping to be less visually intrusive.

3.     Roads

a.     In hillside areas, new development shall be located as close to existing roads as feasible to minimize the length of on-site roads except where a longer road would allow for an alternative building site location that would be more protective of visual resources or ESHA.

b.     Driveway slopes shall be designed to follow the natural topography.

c.     New development shall include no more than one driveway or access road to clustered structures.

d.     The turnaround required to provide adequate access for emergency service vehicles shall be of a design that minimizes grading and landform alteration, such as a “hammerhead.”

e.     Private driveways to multiple project sites shall be shared where feasible.

4.     Structures

a.     Structures, terraces, and yards in hillside areas shall be designed to incorporate varying levels, or split-levels. Where feasible, retaining walls shall be incorporated into building foundations.

b.     The taller elements of a structure shall be located near the center or uphill portion of the structure.

c.     The roofline of hillside structures shall be of varying height to reduce the mass.

D.    Bluff Development

1.     In addition to the blufftop development setback requirements necessary to ensure geologic stability contained in Chapter 10 of the certified Malibu LCP, new development proposed on blufftops shall incorporate a setback from the edge of the bluff that avoids and minimizes visual impacts from the beach and ocean below. The blufftop setback necessary to protect visual resources may be in excess of, but no less than, the setback necessary to ensure that risk from geologic hazards are minimized for the life of the structure.

2.     No permanent structures shall be permitted on a bluff face, except for engineered stairways to accessways to provide public beach access. Such structures shall be designed and constructed to not contribute to further erosion of the bluff face and to be visually compatible with the surrounding area to the maximum extent feasible.

3.     Landscaping permitted on a bluff face or hillside for restoration, revegetation or erosion control purposes shall consist of native, drought-tolerant plant species endemic to the area.

E.     Ocean Views. New development on parcels located on the ocean side of public roads, including but not limited to, Pacific Coast Highway, Malibu Road, Broad Beach Road, Birdview Avenue, Cliffside Drive shall protect public ocean views.

1.     Where the topography of the project site descends from the roadway, new development shall be sited and designed to preserve bluewater ocean views over the approved structures by incorporating the following measures.

a.     Structures shall extend no higher than the road grade adjacent to the project site, where feasible.

b.     Structures shall not exceed one story in height, as necessary, to ensure bluewater views are maintained over the entire site.

c.     Fences shall be located away from the road edge and fences or walls shall be no higher than adjacent road grade, with the exception of fences that are composed of visually permeable design and materials.

d.     The project site shall be landscaped with native vegetation types that have a maximum growth height at maturity and are located such that landscaping will not extend above road grade.

2.     Where the topography of the project site does not permit the siting or design of a structure that is located below road grade, new development shall provide an ocean view corridor on the project site by incorporating the following measures.

a.     Buildings shall not occupy more than 80 percent maximum of the lineal frontage of the site.

b.     The remaining 20 percent of lineal frontage shall be maintained as one contiguous view corridor, except on lots with a width of 50 feet or less. Lots with a lineal frontage of 50 feet or less shall provide 20% of the lot width as view corridor; however, the view corridor may be split to provide a contiguous view corridor of not less than 10% of the lot width on each side. For lots greater than 50 feet in width, the view corridor may be split to provide a contiguous view corridor of not less than 10 percent of the lot width on each side, provided that each foot of lot width greater than 50 feet is added to the view corridor. On irregularly shaped lots, the Planning Manager shall determine which side yards shall constitute the view corridor in order to maximize public views. Sites shall not be designed so as to provide for parking within these designated view corridors.

c.     No portion of any structure shall extend into the view corridor above the elevation of the adjacent street.

d.     Any fencing across the view corridor shall be visually permeable and any landscaping in this area shall include only low-growing species that will not obscure or block bluewater views.

e.     In the case of development that is proposed to include two or more parcels, a structure may occupy up to 100 percent of the lineal frontage of any parcel(s) provided that the development does not occupy more than 80 percent maximum of the total lineal frontage of the overall project site and that the remaining 20 percent is maintained as one contiguous view corridor.

f.      The requirements of Section 6.5(E)(2) may be satisfied by providing an off-site view corridor that preserves and enhances coastal views from Pacific Coast Highway, Malibu Road, Broad Beach Road, Birdview Avenue, or Cliffside Drive. The requirements of Section 6.5(E)(2) may be deemed satisfied by an off-site view corridor if the decision-making body makes the findings required in Section 6.5(E)(2)(f)(i) through (vi) and the view parcel has been dedicated in accordance with Section 6.5(E)(2)(g).

i.      The proposed off-site view corridor parcel (the “view parcel”) is a beachfront parcel that affords public views of the ocean and will provide public visual resource benefits that are greater than what would otherwise be provided through an on-site view corridor.

ii.     The view parcel is located adjacent to at least one publicly owned beachfront parcel that also affords ocean views, which parcel was publicly owned as of the effective date of the Local Implementation Plan amendment that added Section 6.5(E)(2)(f), and, to the extent feasible, be located in the same geographic portion of the City as the project site.

iii.    The off-site view corridor shall be provided across the entirety of the view parcel and shall be at least 25% wider than the view corridor(s) that otherwise would be required on the project site.

iv.    There are no geotechnical hazards or other constraints present on or near the view parcel that could otherwise render the view parcel unsafe or unsuitable for the development of a habitable structure or other primary use consistent with the underlying zoning regulations. If the decision-making body finds that the proposed view corridor parcel is not suitable for the development of a habitable structure or other primary use due to the presence of geotechnical hazards or other constraints, the proposed view corridor parcel shall be rejected as inadequate and inconsistent with the intent of this provision.

v.     Public viewing, public beach access and accessways shall be permitted uses on the dedicated view parcel. Any physical development of facilities or structures to enhance public views or public access shall conform to the applicable standards, provisions, and requirements of the Malibu LCP.

vi.    If deemed necessary by the decision-making body to satisfy the findings of this subsection, the applicant may, in addition to providing an off-site view corridor consistent with the above requirements, undertake or fund all or a portion of an off-site measure, project, or program that provides additional public visual resource benefits.

g.     The substitution of an off-site view parcel for a required on-site view corridor shall be effectuated by the recordation of an open space deed restriction and transfer of the view parcel in fee title to a public entity, including the following requirements and restrictions:

i.      Recordation with the Los Angeles County Recorder of an open space deed restriction that applies to the entirety of the view parcel(s), that ensures that any future development on the lot(s) is limited to only those improvements necessary to provide for public view enhancement or public beach access such as benches and visually permeable fencing, maintenance of roads, public accessways, and utilities consistent with existing easements; and shoreline protection if necessary to protect existing development and that restrictions can be enforced, the text of which has been approved pursuant to procedures in Section 13.19 of the Malibu LIP (recorded legal documents); and

ii.     Evidence that fee title to the donor site has been successfully transferred to a public entity after the recordation of a deed restriction listed in the prior paragraph and that the document effectuating the conveyance has been recorded with the Los Angeles County Recorder.

3.     Except for replacement of structures destroyed by disaster in accordance with Section 13.4.6 of the Malibu LIP, redevelopment of sites involving substantial remodels (the replacement of 50 percent or more of the structure) or demolition and reconstruction where existing landscaping or development blocks or obscures public views of the ocean or other scenic areas, the existing landscaping or development shall be removed and where appropriate replaced with landscaping and development that is sited and designed to provide maximum views, as required by Section 6.5(E)(1) or Section 6.5(E)(2) of the Malibu LIP, as applicable.

4.     New development on properties visible from and inland of Pacific Coast Highway shall be sited and designed to protect public views of the ridgelines and natural features of the Santa Monica Mountains through measures including, but not limited to, restricting the building maximum size, reducing maximum height limits, clustering development, incorporating landscape elements, and where appropriate, berming.

5.     New commercial development within the Civic Center shall be sited and designed to not obstruct public views of the ridgelines and natural features of the Santa Monica Mountains through measures such as clustering development, and restricting height and bulk of structures.

6.     New subdivisions of beachfront residential parcels, where structures cannot be sited or designed below road grade, shall ensure that no less than 20% of the lineal frontage of each newly created parcel shall be maintained as one contiguous public view corridor (even if the resultant lots are 50 feet or less in width). The view corridors of the newly created parcels shall be contiguous to the maximum extent feasible in order to minimize impacts to public views of the ocean. This requirement shall be a condition of permit approval for subdivision of a beachfront property.

F.     Public Works. Public works projects along scenic roads that include hardscape elements such as retaining walls, cut-off walls, abutments, bridges, or culverts shall incorporate veneers, texturing, and colors that blend with the surrounding earth materials or landscape. The design of new bridges on scenic roads shall be compatible with the rural character of the Santa Monica Mountains and designed to protect public scenic views to the maximum feasible extent.

G.    Lighting. Exterior lighting (except traffic lights, navigational lights, and other similar safety lighting) shall be minimized, restricted to low intensity features, shielded, and concealed to the maximum feasible extent so that no light source is directly visible from public viewing areas. Night lighting for sports courts, sports fields, or other private recreational facilities in scenic areas designated for residential use shall be prohibited. Permitted lighting shall conform to the following standards:

1.     The minimum necessary to light walkways used for entry and exit to the structures, including parking areas, on the site. This lighting shall be limited to fixtures that do not exceed two feet in height, are directed downward, and use bulbs that do not exceed 60 watts, or the equivalent, unless a higher wattage is authorized by the Planning Manager.

2.     Security lighting attached to the residence that is controlled by motion detectors and is limited to 60 watts, or the equivalent.

3.     The minimum lighting necessary for safe vehicular use of the driveway. The lighting shall be limited to 60 watts, or the equivalent.

4.     A light, not to exceed 60 watts or the equivalent, at the entrance to the (identify nonresidential accessory structures).

5.     No lighting around the perimeter of the site, no lighting for sports courts or other private recreational facilities, and no lighting for aesthetic purposes is allowed.

6.     Lighting of the main sports field at Malibu High School may only be permitted if it complies with the following standards:

a.     Lighting shall be minimized, directed downward, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.

b.     Lighting may only occur for a maximum of three days in any calendar week and must be limited to the following time restrictions:

i.      During Pacific Standard Time (defined as of 2011 to be the first Sunday in November to the second Sunday in March), the lights may be illuminated no later than 7:30 p.m. except as indicated below.

ii.     From each September 1st through May 31st period, inclusive, the lights may only be illuminated after 7:30 p.m. up to 18 times, and then (A) only until 10:30 p.m., (B) never on consecutive nights, and (C) on no more than two nights in any given calendar week.

iii.    The lights may not be illuminated at any time between June 1st and August 31st, inclusive, of any year.

7.     Prior to issuance of Coastal Development Permit, the applicant shall be required to execute and record a deed restriction reflecting the above restrictions. Public agencies shall not be required to record a deed restriction but may be required to submit a written statement agreeing to any applicable restrictions above.

H.    Pacific Coast Highway

1.     The Pacific Coast Highway corridor shall be protected as a scenic highway and significant viewshed by requiring that development conform to the following standards.

a.     Landscape improvements, including median plantings, may be permitted along Pacific Coast Highway. Any proposed landscaping shall be comprised primarily of native and drought tolerant plant species. Landscaping shall be designed and maintained to be subordinate to the character of the area, and not block ocean or mountain views at maturity. Any such improvements permitted west of Malibu Canyon Road shall be required to maintain the rural character of that area.

b.     New commercial development that includes a parking lot visible from Pacific Coast Highway shall include landscaping and/or berming to screen the view, so long as such measures do not obscure or block views of the ocean.

c.     Any telecommunications facilities approved along Pacific Coast Highway shall place support facilities underground, where feasible. New transmission lines shall be sited and designed to be located underground, except where it would present or contribute to geologic hazards. Existing transmission lines should be relocated underground when they are replaced or when funding for undergrounding is available. (Ord. 366 § 3(E), 2012; Ord. 364 § 4(C), 2012; Ord. 362 § 3(A), 2011; Ord. 303 § 3, 2007)