4.4. SUPPLEMENTAL APPLICATION REQUIREMENTS

4.4.1.           California Department of Fish and Game

Applications for new development on sites containing or adjacent to a stream or wetland shall include evidence of preliminary approval from the California Department of Fish and Game.

4.4.2.           Biological Assessment

Applications for new development on property that is 1) within identified ESHA; 2) adjacent to identified ESHA (where the proposed development area is within 200 feet of identified ESHA); or 3) where the initial site inventory (required by Section 13.6 of the Malibu LIP) indicates the presence or potential for sensitive species or habitat, shall include a detailed biological assessment of the site, prepared by a qualified biologist, or resource expert, that includes the following:

A.    An assessment identifying biological resources, both existing on the site and potential or expected resources. Where trees suitable for nesting or roosting or significant foraging habitat is present, a formal raptor survey will be conducted as part of the biological assessment. The biological assessment will account for seasonal variations in presence and abundance and will follow standard protocols developed by state or federal resource agencies when available. In the absence of standard protocols for raptors, for nesting raptor surveys (March 1-June 15) or for wintering raptor surveys (December 1-March 15), at a minimum, the area will be surveyed for 2 hours between dawn and 10:00 a.m. on five occasions with at least one week between surveys. If there is appropriate habitat for owls on site, on at least three of the surveys observations will also be made during the period immediately before nightfall.

B.     Photographs of the site.

C.     A discussion of the physical characteristics of the site, including, but not limited to, topography, soil types, microclimate, and migration corridors.

D.    An analysis of the frequency of wildfire affecting the site and the length of time since wildfire has last burned the site vegetation.

E.     A map depicting the location of biological resources.

F.     An identification of rare, threatened, or endangered species, that are designated or are candidates for listing under State or Federal Law, an identification of “fully protected” species and/or “species of special concern,” and an identification of any other species for which there is compelling evidence of rarity, for example, plants designated “1B” or “2” by the California Native Plant Society, that are present or expected on the project site.

G.    An analysis of the potential impacts of the proposed development on the identified habitat or species.

H.    An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition.

I.      Project alternatives designed to avoid and minimize impacts to sensitive resources.

J.      Mitigation measures that would minimize or mitigate residual impacts that cannot be avoided through project alternatives.

4.4.3.           Wetlands

A.    Where the biological study, or the initial site inventory (required by Section 13.6 of the Malibu LIP) indicates the presence or potential for wetland species or indicators, the applicant shall additionally submit a delineation of all wetland areas on the project site. Wetland delineations shall be based on the definitions contained in Section 13577(b) of Title 14 of the California Code of Regulations.

B.     Wetland delineations will be conducted according to the definitions of wetland boundaries contained in section 13577(b) of the California Code of Regulation. A preponderance of hydric soils or a preponderance of wetland indicator species will be considered presumptive evidence of wetland conditions. The delineation report will include at a minimum a (1) a map at a scale of 1":200' or larger with polygons delineating all wetland areas, polygons delineating all areas of vegetation with a preponderance of wetland indicator species, and the location of sampling points, and (2) a description of the surface indicators used for delineating the wetland polygons. Paired sample points will be placed inside and outside of vegetation polygons and wetland polygons identified by the consultant doing the delineation. (Ord. 303 § 3, 2007)

4.4.4.           Exceptions

The following types of development shall not be subject to the provisions of Section 4.4.2 of the Malibu LIP with regard to the supplemental application requirement of a detailed biological study of the site, and shall not be subject to review by the Environmental Review Board:

A.    Remodeling an existing structure that does not extend the existing structure footprint.

B.     Additions to existing structures that are within the lawfully established graded pad area, or the existing developed/landscaped area if there is no graded pad, and that do not require additional fuel modification.

C.     Demolition of an existing structure and construction of a new structure within the existing building pad area where no additional fuel modification is required.

D.    New structures and landscaping proposed within the permitted graded pad or permitted development area if there is no graded pad, authorized in a previously approved coastal development permit.

E.     New structures within existing, developed neighborhoods where the new structures will be located over 200 feet from an ESHA, as shown on the ESHA overlay map. (Ord. 303 § 3, 2007)