Malibu Municipal Code Ch. 7 Public Works

A. Introduction

Development and growth in the City of Malibu is limited by geologic and environmental constraints, steep slopes, and dependence on private septic systems for wastewater management as well as the general desire to limit growth throughout the City. Public works facilities that exist in the City include roads and highways, public water and telephone utilities and all publicly financed recreational facilities including parks, trails and public accessways financed by the State Coastal Conservancy, State Department of Parks and Recreation and Los Angeles County. There is no public sewage treatment plant in Malibu other than the small Malibu Mesa facility that serves Pepperdine University and the Malibu Mesa residential tract. While continued dependence on private septic systems for wastewater treatment has been a limiting factor for development, it has also been suspected of being a contributing factor to water pollution in Malibu Creek and Lagoon and other areas including the beaches. Prior to the City’s incorporation in 1991, Los Angeles County proposed a large regional sewer system for much of Malibu. The County’s application to construct the facility was withdrawn while it was pending before the Coastal Commission. The City proposes no facilities at present.

Major public works projects in Malibu consist of road repairs, maintenance and improvements. Responsibility for maintaining Pacific Coast Highway lies with the State Department of Transportation (Caltrans). Pacific Coast Highway is periodically damaged by landslides and mudflows on its inland side and by storm waves and erosion on its seaward side. In order to provide for adequate traffic circulation into and out of the City by residents and visitors accessing the public beaches and parks and to facilitate public safety it is important for the City to coordinate with Caltrans. The City is responsible for maintenance and improvements of other roads in the City. There has been considerable damage to roads within the City due to the impacts from several major winter storms since incorporation and considerable effort and expense has been required to keep roads open. It is also necessary to coordinate with Los Angeles County to insure a smooth flow of traffic along cross-mountain roads that provide access between the inland valleys and mountain areas to Pacific Coast Highway in the City. Most of the roads in the City traverse areas that are scenic and/or contain sensitive natural resources. Therefore, it is important that road improvements, repairs and maintenance utilize Best Management Practices including the least environmentally damaging feasible alternative.

1. Coastal Act Provisions. Coastal Act 30254 requires that new or expanded public works facilities be “designed and limited” to accommodate development that can be permitted consistent with the policies of the Coastal Act. This section also provides that, where public works facilities to serve new development are limited, priority shall be given to coastal dependent uses, essential services, public and commercial recreation and visitor-serving land uses. Pursuant to Section 30114 publicly financed recreational facilities, including all projects of the State Coastal Conservancy, are considered “Public Works.” The Coastal Act also provides that no term or condition may be imposed on the development of any sewage treatment plant relative to future development that can be accommodated (consistent with the Coastal Act).

2. Land Use Plan Provisions. To ensure consistency with the Coastal Act, the policies contained below in the Land Use Plan are intended to facilitate the provision and maintenance of public services, including roads, parking, water and electricity, and wastewater management to protect existing and future residents and visitors to the City and to accommodate the level and types of development that the LUP envisions. Policies also provide for developing measures to improve transit service to and within the City, provide and improve parking facilities, shuttles and van pools. The LUP recommends the creation of “wastewater management zones’ for certain areas to facilitate the function and operation of on-site septic systems. As an alternative the plan allows for a public sewer system to be designed and proposed subject to approval as an amendment to the LCP by the Coastal Commission.

B. Coastal Act Policies. The Coastal Act Policies set forth below are incorporated herein as policies of the Land Use Plan.

Section 30254. New or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the provisions of this division; provided, however, that it is the intent of the Legislature that State Highway Route I in rural areas of the coastal zone remain a scenic two-lane road. Special districts shall not be formed or expanded except where assessment for, and provision of, the service would not induce new development inconsistent with this division. Where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal dependent land use, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor-serving land uses shall not be precluded by other development.

Section 30254.5. Notwithstanding any other provision of law, the commission may not impose any term or condition on the development of any sewage treatment plant that is applicable to any future development that the commission finds can be accommodated by that plant consistent with this division. Nothing in this section modifies the provisions and requirements of Sections 30254 and 30412.

C. Land Use Plan Policies

7.2 Publicly financed recreational facilities and access improvement projects, including all projects of the State Coastal Conservancy, shall be permitted consistent with the policies contained in the Access and Recreation Section of the LCP and the Access and Recreation policies of the Coastal Act when located between the sea and the first public road. All projects conducted or financed by the State Coastal Conservancy shall constitute “public works facilities” pursuant to the definition provided above in PRC Section 30114.

a. Increased transit service;

b. Improved transfer opportunities between regional transit routes and routes serving the Coastal Zone;

c. Provision of parking facilities for bicycles, motorcycles and transit vehicles at recreation areas;

d. Development of park-and-ride or other staging facilities at points along the Ventura Freeway (Highway 101), Pacific Coast Highway, Kanan Dume Road and Malibu Canyon Road at minimum;

e. Implementation of beach and other recreation shuttles;

f. Construction of road improvements necessary to facilitate bus travel.