Malibu Municipal Code § 13.6 Application Requirements and Fees

A. Application for a coastal development permit and amendments to coastal development permits shall be made to the Planning or Building Department on an application form provided by the Department, together with all required plans, maps, elevations, reports and any such supporting information deemed necessary by the Planning Department or any other ordinance contained in the certified LCP to adequately assess and evaluate the proposed project for consistency with the LCP. Application for a coastal development permit may be submitted concurrently with other city permits required by the City Municipal Code. The application may include a fee set by the City Council.

B. Following submittal of an application, the Planning Department shall review the application for completeness. Within 30 calendar days from submittal, the Planning Department shall notify the applicant in writing of which parts of the application are incomplete and describe the specific materials needed to complete the application. Not later than 30 days after receipt of the requested materials, the Planning Department shall determine whether the submittal of the requested materials is complete and transmit that determination to the applicant. If no determination of completeness is provided to the applicant within 30 days of submittal, the application will be deemed complete. Any application for a coastal development permit shall not be determined to be complete and shall not be filed until and unless the applicable requirements of sections 13.6.2, 13.6.3 and 13.6.4 of the Malibu LIP have been met. Until such application is determined to be complete by the Planning Department, no action shall be taken on it by the Planning Department.

C. To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Planning Manager shall not accept for filing a second application for development which is the subject of a permit application already pending before the City. This section shall not limit the right of an applicant to amend a pending application.

D. The Planning Manager shall not accept for filing an application for development on a lot or parcel or portion thereof which is the subject of a pending proposal for an adjustment to the boundary of the coastal zone pursuant to Public Resources Code section 30103(b) of the Coastal Act.

A. 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 proposed development for the City to file the application.

B. Applicants for development along the shoreline property or fronting a beach shall submit written evidence of a review and determination from the California State Lands Commission relative to the project's location to or impact upon the boundary between public tidelands and private property.

C. Where the applicant for a Coastal Development Permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the City shall not require the holder or owner of any superior interest in the property to join as a co-applicant. All holders or owners of any other interest of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant.

D. Prior to the issuance of a Coastal Development Permit, the applicant shall demonstrate the authority to comply with all conditions of approval.

The coastal development permit application form shall require submittal of at least the following items:

A. A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain.

B. For development on a vacant lot(s), a complete title history, including evidence that the lot proposed for development is a legally created lot, and information on the date and method by which the lot was created. Where the City determines that the lot(s) was created after the effective date of the Coastal Act, or was created prior to the effective date of the Coastal Act but without complying with applicable state or local requirements, either evidence of a valid coastal development permit authorizing the subdivision or other form of lot creation must be submitted prior to filing of any application for proposed development on the lot, or the subdivision or other form of lot creation must be included as part of the application request in order to be deemed filed. In addition, a listing of any prior coastal development permits issued for the property shall be provided.

C. An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the Malibu LCP, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the City will be adequately informed as to present uses and plans, both public and private.

D. A site plan, to scale, showing:

1. Existing and proposed property lines on the site, including all dedications, easements or recorded offers to dedicate easements, deed restrictions over or adjacent to the site and documentation for such recorded instruments.

2. Existing and proposed topography, at a contour interval appropriate to the size of the site to be developed;

3. All existing and proposed structures, roads, utilities lines, signs, fences and other improvements; and

4. Major natural and man-made landscape features, including location, type, size and quantification of acreage of any trees or other natural vegetation to be planted or to be removed or made subject to thinning, irrigation or other modification by the proposed project including building pad and road/driveway areas.

5. Location and amount of any fuel modification or brush clearance that would be required on the site and on adjacent properties to comply with fire safety requirements.

E. Except on parcels within existing, developed neighborhoods where any new structures will be located over 200 feet from ESHA as mapped on the ESHA overlay map, an inventory of the plant and animal species present on the project site, or those known or expected to be present on the project site at other times of the year, prepared by a qualified biologist, or resource expert. The inventory shall include an identification of any species present that have been designated as rare, threatened, or endangered species under State or Federal law. Where the initial site inventory indicates the presence or potential for sensitive species or habitat on the project site, the submittal of a detailed biological assessment of the site is required, consistent with the provisions of Chapter 4 of the Malibu LIP.

F. Building elevations, showing:

1. All exterior walls

2. Type of roof and other exterior materials and

3. Location and design of roof equipment, trash enclosures, fences, exterior lights, signs and other exterior structures and equipment.

G. Drainage and Erosion Control Plans as required by Chapter 17 of the Malibu LIP (Water Quality).

H. For development relying on an Onsite Wastewater Treatment System, a Septic Plot Plan, prepared by an Environmental Health Specialist that shall include a percolation testing report and septic system design of adequate size, capacity and design to serve the proposed development for the life of the project.

I. For applications for land divisions:

1. Except for proposed parcels that will be connected to the Civic Center Wastewater Treatment Facility, a report prepared by a registered groundwater hydrologist and Environmental Health Specialist that addresses the ability of each proposed building site to accommodate a sewage disposal system, including an analysis of depth to groundwater that addresses seasonal and cyclical variations as well as the adequacy of percolation rates in post-grading conditions (cut or compacted fill); properties that will be connected to the Civic Center Wastewater Treatment Facility shall obtain approval from the City Public Works Department for the connection.

J. For applications for water wells, a groundwater hydrological study that analyzes the individual and cumulative impacts the well may have on groundwater supplies and the potential individual and cumulative impacts the well may have on adjacent or nearby streams, springs, or seeps and their associated riparian habitat.

K. For applications for development located in areas identified by the City or State as archaeologically sensitive, a site survey performed by a qualified archaeologist consistent with the requirements of Chapter 11 of the Malibu LIP, including alternatives that would avoid or minimize impacts to resources and recommended measures to mitigate impacts to resources.

L. For applications for development located in areas visible from public viewing areas, public trails, beaches or scenic roads, a visual analysis as required by Chapter 6 of the Malibu LIP (Scenic and Visual Resource Protection).

M. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term "significant adverse impact on the environment" shall be defined as: "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." (CEQA Guidelines, 14 Cal. Code of Reg. Section 15382).

N. A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application.

O. In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one (1) copy of each drawing, map, photograph, or other exhibit approximately 8 1/2 in. by 11 in., or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the City's mailing lists and for inspection by the public in the City offices. A reasonable number of additional copies may, at the discretion of the Planning Manager, be required.

P. A list of names and addresses of, and stamped envelopes for, adjacent landowners and residents, and other interested persons as provided in Section 13.12 of the Malibu LIP (Public Notice). The applicant shall provide the City with all of the following:

1. The addresses of all residences, including each residence within an apartment or condominium complex, located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed;

2. The addresses of all owners of parcels of real property of record located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, based upon the most recent equalized assessment roll;

3. The names and addresses of all persons known to the applicant to be interested in the application;

4. Stamped envelopes for all addresses on the list prepared pursuant to subsection (a) above. Separate stamped envelopes shall be addressed to "owner," "occupant," or the name of the interested person, as applicable. The applicant shall also place a legend on the front of each envelope including words to the effect of "Important. Public Hearing Notice." The legend shall be legible and of sufficient size to be reasonably noted by the recipient of the envelope.

Q. The Water Quality Checklist as required by Chapter 17 of the Malibu LIP (Water Quality).

R. Any additional information, including identified preliminary approvals by local, state and federal agencies, for specific categories of development or for development proposed for specific geographic areas where otherwise required by specific LCP policies or regulations. This shall include but not be limited to site specific filing requirements specified in: the Public Access Chapter (Ch. 12), the Environmentally Sensitive Habitat Area Overlay Chapter (Ch. 4), the Scenic and Visual Resource Protection Chapter (Ch. 6), the Subdivision Chapter (Ch. 15), the Hazards/Geology Chapter (Ch. 10); the Shoreline and Bluff Development Chapter (Ch. 10), the Archaeological/Cultural Resources Chapter (Ch. 11), or the Water Quality Protection Chapter (Ch. 17) of the Malibu LIP. Where more specific filing requirements are provided for in other Chapters of the Malibu LIP which conflict with the provisions of this Chapter, the more specific provisions shall govern.

S. The application form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these requirements may result in delay in processing the application or may constitute grounds for revocation of the permit.

T. Any additional information determined by the Planning Manager to be necessary for reviewing and processing of the application.

U. Notwithstanding any other requirements of the LCP, an applicant shall not be required to undertake onsite surveys of properties that are not under the control of the landowner or applicant of the application being filed, if the applicant cannot, after a good faith effort, secure permission from such other landowner for access to the property needed to conduct the study. Should such permission for access not be granted, the application shall include documentation of the effort(s) employed to gain access and the results of such study of the offsite property as can reasonably be conducted without entering the site.