Malibu Municipal Code § 17.3 Application Submittal

17.3.1 Construction Phase Requirements: Local Storm Water Pollution Prevention Plan¶

A. A Local Storm Water Pollution Prevention Plan (SWPPP) shall be required for all development that requires a Coastal Development Permit and a grading or building permit, and it shall apply to the construction phase of the project. The SWPPP shall include:

•	Property limits, prior-to-grading contours, and details of terrain and area drainage	Property limits, prior-to-grading contours, and details of terrain and area drainage
•	Locations of any buildings or structures on the property where the work is to be performed and the location of any building or structures of adjacent owners that are within 15 ft of the property or that may be affected by the proposed grading operations	Locations of any buildings or structures on the property where the work is to be performed and the location of any building or structures of adjacent owners that are within 15 ft of the property or that may be affected by the proposed grading operations
•	Locations and cross sections of all proposed temporary and permanent cut-and-fill slopes, retaining structures, buttresses, etc., that will result in an alteration to existing site topography (identify benches, surface/subsurface drainage, etc.)	Locations and cross sections of all proposed temporary and permanent cut-and-fill slopes, retaining structures, buttresses, etc., that will result in an alteration to existing site topography (identify benches, surface/subsurface drainage, etc.)
•	Area (square feet) and volume (cubic yards) of all grading (identify cut, fill, import, export volumes separately), and the locations where sediment will be stockpiled or disposed	Area (square feet) and volume (cubic yards) of all grading (identify cut, fill, import, export volumes separately), and the locations where sediment will be stockpiled or disposed
•	Elevation of finished contours to be achieved by the grading, proposed drainage channels, and related construction	Elevation of finished contours to be achieved by the grading, proposed drainage channels, and related construction
•	Details pertaining to the protection of existing vegetation from damage from construction equipment, for example: (a) grading areas should be minimized to protect vegetation; (b) areas with sensitive or endangered species should be demarcated and fenced off; and (c) native trees that are located close to the construction site should be protected by wrapping trunks with protective materials, avoiding placing fill of any type against the base of trunks, and avoiding an increase in soil depth at the feeding zone or drip line of the retained trees	Details pertaining to the protection of existing vegetation from damage from construction equipment, for example: (a) grading areas should be minimized to protect vegetation; (b) areas with sensitive or endangered species should be demarcated and fenced off; and (c) native trees that are located close to the construction site should be protected by wrapping trunks with protective materials, avoiding placing fill of any type against the base of trunks, and avoiding an increase in soil depth at the feeding zone or drip line of the retained trees
•	Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:	Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:
	◦	Is located within or adjacent to ESHA, or
	◦	Includes grading on slopes greater than 4:1
•	Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4:1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources	Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4:1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources
•	Information on potential flow paths where erosion may occur during construction	Information on potential flow paths where erosion may occur during construction
•	Proposed erosion and sediment prevention and control BMPs, both structural and non-structural, for implementation during construction, such as:	Proposed erosion and sediment prevention and control BMPs, both structural and non-structural, for implementation during construction, such as:
	◦	Stabilize disturbed areas with vegetation, mulch, geotextiles, or similar method
	◦	Trap sediment on site using fiber rolls, silt fencing, sediment basin, or similar method
	◦	Ensure vehicles on site are parked on areas free from mud; monitor site entrance for mud tracked off-site
	◦	Prevent blowing dust from exposed soils
•	Proposed BMPs to provide adequate sanitary and waste disposal facilities and prevent contamination of runoff by construction chemicals and materials, such as:	Proposed BMPs to provide adequate sanitary and waste disposal facilities and prevent contamination of runoff by construction chemicals and materials, such as:
	◦	Control the storage, application and disposal of pesticides, petroleum and other construction and chemical materials
	◦	Site washout areas more than fifty feet from a storm drain, open ditch or surface water and ensure that runoff flows from such activities do not enter receiving water bodies
	◦	Provide sanitary facilities for construction workers
	◦	Provide adequate disposal facilities for solid waste produced during construction and recycle where possible

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17.3.2 Post Construction Phase Requirements: Storm Water Management Plan.¶

Post construction plans detailing how stormwater and polluted runoff will be managed or mitigated will be required for all projects that require a Coastal Development Permit. The basic requirement for all projects will be a Storm Water Management Plan that shows how the project will use appropriate Site Design and Source Control BMPs to minimize or prevent adverse effects of the project on water quality. For certain categories of development (see 17.3.3 of the Malibu LIP below) a Water Quality Mitigation Plan will be required showing how Treatment Control (or Structural) BMPs will be used (in addition to Site Design and Source Control BMPs) to minimize or prevent the discharge of polluted runoff from the project.

A Storm Water Management Plan (SWMP) shall be required for all development that requires a Coastal Development Permit and shall require the implementation of appropriate Site Design and Source Control BMPs from Section 17.5 of the Malibu LIP and Appendix A to minimize or prevent post-construction polluted runoff. The SWMP should also specify any Treatment Control or Structural BMPs that the applicant elects to include in the development to minimize or prevent post-construction polluted runoff, and include the operation and maintenance plans for these BMPs.

A. The SWMP shall be certified by a California Registered Civil Engineer or Licensed Architect and approved by the City's Department of Public Works. The following information shall be included in a SWMP:

•	Site design and source control BMPs that will be implemented to minimize or prevent post-construction polluted runoff (see 17.4.1 of the Malibu LIP)
•	Drainage improvements (e.g., locations of diversions/conveyances for upstream runoff)
•	Potential flow paths where erosion may occur after construction
•	Methods to accommodate onsite percolation, revegetation of disturbed portions of the site, address on-site and/or offsite impacts and construction of any necessary improvements

B. In addition to the requirements in A. above, the SWMP shall implement the requirements for a SWMP found in the Malibu Storm Water Code, Section 5.4.09, described below:

Storm Water Pollution Prevention Plan (SWPPP), as required in Section 17.3.1. of the Malibu LIP above.
Storm drainage improvement measures to mitigate any offsite/downstream negative impacts due the proposed development, including, but not limited to:

a. Mitigating increased runoff rate due to new impervious surfaces through onsite detention such that peak runoff rate after development does not exceed the peak runoff of the site before development for the 100 year clear flow storm event (note; Q/100 is calculated using the Caltrans Nomograph for converting to any frequency, from the Caltrans "Hydraulic Design and Procedures Manual"). The detention basin/facility is to be designed to provide attenuation and released in stages through orifices for 2-year, 10-year and 100-year flow rates, and the required storage volume of the basin/facility is to be based upon 1-inch of rainfall over the proposed impervious surfaces plus 1/2-inch of rainfall over the permeable surfaces. All onsite drainage devices, including pipe, channel, and/or street & gutter, shall be sized to cumulatively convey a 100 year clear flow storm event to the detention facility, or;

b. Demonstrating by submission of hydrology/hydraulic report by a California Registered Civil Engineer that determines entire downstream storm drain conveyance devices (from project site to the ocean outlet) are adequate for 25-year storm event, or;

c. Constructing necessary off-site storm drain improvements to satisfy b. above, or;

d. Other measures accomplishing the goal of mitigating all offsite/downstream impacts.

Storm drain pollution prevention measures including all construction elements and Best Management Practices (BMPs) to address the following goals in connection with both construction and long-term operation of the site:

a. Maximize, to the extent practicable, the percentage of permeable surfaces in order to allow more percolation of runoff into the ground,

b. Maximize, to the extent practicable, retention of dry-weather runoff onsite to allow percolation into the ground, or installation of other treatment measures thereby preventing pollutants from entering the storm drain system.

The applicant is required to comply with the approved SWMP.

C. The City of Malibu will review a SWMP according to the following requirements, found in the City of Malibu Storm Water Code, Section 5.4.09:

The City's evaluation of the SWMP will ascertain how well the proposed plan meets the combined objectives set forth above. In addition, the City will analyze the watershed characteristics and land uses, and estimate water quality requirements for each project. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed.
The SWMP shall be approved or disapproved by the Director of Public Works (or designees) within twenty-one (21) calendar days following submittal. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant and made available to the public.
Full or partial waivers of compliance with this Section may be obtained for development sites where it can be adequately demonstrated that the accomplishment of these storm drain management measures is an economic and/or physical impossibility due to the particular configuration of the site. Requests for waivers must be approved, in writing, by the Planning Department, the Public Works Department, and the Environmental and Building Safety Department. A variance under Section 13.26 of the LIP from any requirements of this section shall not be granted.

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17.3.3 Post Construction Phase Requirements: Water Quality Mitigation Plan.¶

Post construction plans detailing how stormwater and polluted runoff will be managed or mitigated will be required for all projects that require a Coastal Development Permit. The basic requirement for all projects will be a Storm Water Management Plan (see 17.3.2 above) that shows how the project will use appropriate Site Design and Source Control BMPs to minimize or prevent adverse effects of the project on water quality. For certain categories of development a Water Quality Mitigation Plan1 will be required showing how Treatment Control (or Structural) BMPs will be used (in addition to Site Design and Source Control BMPs) to minimize or prevent the discharge of polluted runoff from the project.

A Water Quality Mitigation Plan (WQMP) shall be required for all development that requires a Coastal Development Permit and is in a category of development identified in 17.3.3.A. below. In addition to the Site Design and Source Control BMPs required for a Storm Water Management Plan, the WQMP shall include Treatment Control (or Structural) BMPs identified in Appendix A to minimize or prevent post-construction polluted runoff. The WQMP shall also include the operation and maintenance plans for these BMPs.

A. A WQMP shall be required for projects that fall into one or more of the following categories of development:

•	Single family hillside 2 residential developments (1 acre or more of disturbed area)
•	Beachfront developments (2500 square feet or more of impervious surface area)
•	Housing developments (includes single family homes, multifamily homes, condominiums, and apartments) of ten units or more
•	Industrial/commercial development (1 acre or more of impervious surface area)
•	Automotive service facilities (5,000 square feet or more of impervious surface area)
•	Retail gasoline outlets (5,000 square feet or more of impervious surface area)
•	Restaurants (5,000 square feet or more of impervious surface area)
•	Parking lots (5,000 square feet or more of impervious surface area or with 25 or more parking spaces)
•	Projects that are 2500 square feet or more of impervious surface area and discharge to an ESHA
•	Redevelopment projects that result in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site

B. The WQMP shall be certified by a California Registered Civil Engineer or Licensed Architect and approved by the City's Department of Public Works. The following information shall be included in a WQMP:

•	Site design, source control and treatment control BMPs that will be implemented to minimize or prevent post-construction polluted runoff (see 17.4.1 and 17.4.2)
•	Pre-development peak runoff rate and average volume
•	Drainage improvements (e.g., locations of diversions/conveyances for upstream runoff)
•	Potential flow paths where erosion may occur after construction
•	Expected post-development peak runoff rate and average volume from the site with all proposed non-structural and structural BMPs
•	Methods to accommodate onsite percolation, revegetation of disturbed portions of the site, address on-site and/or offsite impacts and construction of any necessary improvements
•	Measures to treat, infiltrate, or filter runoff from impervious surfaces (e.g., roads, driveways, parking structures, building pads, roofs, patios, etc.) on the subject parcel(s) and to discharge the runoff in a manner that avoids erosion, gullying on or downslope of the subject parcel, ponding on building pads, discharge of pollutants (e.g., oil, heavy metals, toxics) to coastal waters, or other potentially adverse impacts. Such measures may include, but are not limited to, the use of structures (alone or in combination) such as onsite desilting basins, detention ponds, dry wells, biofilters, etc.
•	A long-term plan and schedule for the monitoring and maintenance of all drainage-control devices. All structural BMPs shall be inspected, cleaned, and repaired when necessary prior to September 30th of each year. Owners of these devices will be responsible for insuring that they continue to function properly and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, should be carried out prior to the next rainy season.

The City Engineer, or his/her designee, who reviews coastal development permits shall determine if the development requires post-development BMP efficacy monitoring and shall approve the monitoring program.

C. In addition to implementing the requirements in A. and B. above for a WQMP, the City will implement the following measures, consistent with SUSMP requirements, as described in the Malibu Storm Water Code, Section 5.4.09.5:

Issuance of Discretionary Permits. No Discretionary permit may be issued for any New Development or Redevelopment Project identified in Section 17.3.3. until the Authorized Enforcement Officer confirms that either (1) the project plans comply with the applicable WQMP requirements, or (2) compliance with the applicable WQMP requirements is impracticable for one or more of the reasons set forth below in paragraph 3 regarding issuance of waivers. Where a Redevelopment project results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development did not require a WQMP at the time the last Discretionary approval was granted by the City, the Design Standards set forth in the WQMP will apply only to the addition, and not to the entire development.
Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for a New Development or Redevelopment Project identified in Section 17.3.3., the Authorized Enforcement Officer shall require facility operators and/or owners to build all of the storm water pollution control Best Management Practices and Structural or Treatment Control BMPs that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMPs will be maintained in compliance with the WQMP and other applicable regulatory requirements.
Granting of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the WQMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMPs have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board3:

a. Extreme limitations of space for treatment on a Redevelopment project;

b. Unfavorable or unstable soil conditions at a site to attempt infiltration; and

c. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface.

A variance under Section 13.26 of the LIP from the requirements of the WQMP shall not be granted.
CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act.

1	The Water Quality Mitigation Plan is essentially a local version of the model Standard Urban Stormwater Mitigation Plan (SUSMP) required by the RWQCB for these categories of development.
2	"HILLSIDE" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater.
3	Note that the Standard Urban Storm Water Mitigation Plan (SUSMP) for Los Angeles County and Cities in Los Angeles County (March 8, 2000) specifies that except for those three situations above, "Any other justification for impracticality must be separately petitioned by the City and submitted to the Los Angeles Regional Water Quality Control Board for consideration. A waiver granted by the City to any development or redevelopment project may be revoked by the Regional Board Executive Officer for cause and with proper notification upon petition."

The Water Quality Mitigation Plan is essentially a local version of the model Standard Urban Stormwater Mitigation Plan (SUSMP) required by the RWQCB for these categories of development.

"HILLSIDE" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater.

Note that the Standard Urban Storm Water Mitigation Plan (SUSMP) for Los Angeles County and Cities in Los Angeles County (March 8, 2000) specifies that except for those three situations above, "Any other justification for impracticality must be separately petitioned by the City and submitted to the Los Angeles Regional Water Quality Control Board for consideration. A waiver granted by the City to any development or redevelopment project may be revoked by the Regional Board Executive Officer for cause and with proper notification upon petition."

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17.3.4 Verification of Ongoing BMP Maintenance and Conditions of Transfer.¶

All applicants shall provide verification of maintenance provisions for Structural and Treatment Control BMPs, including but not limited to legal agreements, covenants, CEQA mitigation requirements, and conditional use permits. Verification at a minimum shall include:

•	The developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred; and either
•	A signed statement from the public entity assuming responsibility for Structural and Treatment Control BMP maintenance and that it meets all local agency design standards; or
•	Written conditions in the sales or lease agreement, which require the recipient to assume responsibility for maintenance and conduct a maintenance inspection at least once a year; or
•	Written text in project conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the Home Owners Association for maintenance of the Structural and Treatment Control BMPs; or
•	Any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction Structural and Treatment Control BMPs.

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17.3.5 Water Quality Mitigation Plan for Agricultural and Confined Animal Facility…¶

A. New and/or expanded agricultural development, including vineyards and orchards, and the development of confined animal facilities, shall require a Coastal Development Permit if it involves placement or erection of any solid material or structure; grading, removing, dredging, mining, or extraction of any materials; change in intensity of use of land; or removal of significant native vegetation, except for residential vegetable gardens that meet the conditions for an exemption from the Coastal Development Permit requirements under Section 13.4.1 of this Ordinance. For this type of development, a Water Quality Mitigation Plan for Agricultural and Confined Animal Facility Development (WQMP-Ag) shall be developed in order to minimize or prevent polluted runoff and water quality impacts resulting from the development. The WQMP-Ag shall be submitted with an application for a Coastal Development Permit and shall include the following measures:

Minimize erosion and prevent excessive sediment and pollutants from adversely impacting water quality by incorporating BMPs such as:

a. Diversions

b. Grassed waterways

c. Sediment basins

d. Terraces

e. Critical area planting

f. Crop residue use

g. Conservation cover

h. Filter strips

Minimize the release of pesticides into the environment by implementing Integrated Pest Management (IPM) strategies that apply pesticides only when an economic benefit to the producer will be achieved and apply pesticides efficiently and at times when runoff losses are least likely shall be implemented. Pesticide runoff shall be carefully managed in a comprehensive manner, including evaluating past and current pest problems and cropping history, evaluating the physical characteristics of the site, selecting pesticides that are the most environmentally benign, using anti-backflow devices on hoses used for filling tank mixtures, and providing suitable mixing, loading and storage areas.
Minimize nutrient loss by developing and implementing comprehensive nutrient management plans based on crop nutrient budgets, identification of the types, amounts and timing of nutrients necessary to produce a crop based on realistic crop yield expectations and identification of onsite environmental hazards.
Reduce water loss to evaporation, deep percolation and runoff, remove leachate efficiently, and minimize erosion from applied water by implementing a managed irrigation system that includes the following components:

a. Irrigation scheduling

b. Efficient application of irrigation water

c. Efficient transport of irrigation water

d. Use of runoff or tailwater

e. Management of drainage water

Reduce physical disturbance of soil and vegetation and minimize direct loading of animal waste and sediment to sensitive areas by implementing the following siting and design measures for confined animal facility development:

a. Natural vegetation shall be maintained on site and vegetated filter strips, sediment basins and other measures to treat runoff shall be incorporated into the animal facility design.

b. Animal waste shall be managed, contained, and disposed of to ensure that waste is not introduced to surface runoff or groundwater.

c. Paddocks, stalls and bedding shall be cleaned on a regular basis and waste stored at least 100 feet away from streams or other surface waters. Wastes shall be covered with impermeable materials during the rainy season (November 1—March 31), at a minimum.

d. Clean water shall be diverted around feedlots, holding pens, and the storage or disposal areas for waste, compost, fertilizer, amended soil products and any other byproducts of agricultural activities.

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17.3.6 Water Quality Checklist.¶

A water quality checklist will be developed by the City and used in the permit review process to assess potential water quality impacts and appropriate mitigation measures. Examples of questions that should be asked include:

•	Could the proposed project result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash).
•	Could the proposed project result in significant alteration of receiving water quality during or following construction?
•	Could the proposed project result in increased impervious surfaces and associated increased runoff?
•	Could the proposed project create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes?
•	Could the proposed project result in increased erosion downstream?
•	Is the project tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant for which the water body is already impaired?
•	Is the project tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions?
•	Could the proposed project have a potentially significant environmental impact on surface water quality or wetlands?
•	Could the proposed project have a potentially significant adverse impact on ground water quality?
•	Could the proposed project cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses?
•	Could the project impact aquatic, wetland, or riparian habitat?

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