Agenda packet, first session — Malibu City Council, September 23, 2024 (part 3 of 5)

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Agreement for Professional Services
Casswell Consulting, Inc.

Page 13 of 13 ends

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Joyce Parker-Bozylinski hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating contract planning services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on August 1, 2024, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $200,000 for the term of the agreement, except for work performed under an Applicant Deposit (as more particularly described in Section 4.2). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 4
Agreement for Professional Services
Joyce Parker-Bozylinski

Page 2 of 13 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

4.2 Applicant Deposit means a project where an applicant submits a financial deposit to the City as required by the City’s fee schedule or other rule or regulation. City shall have the sole authority to determine whether work performed by the Consultant is subject to this Agreement or an Applicant Deposit. In the event the amount of an Applicant Deposit is less than the accumulated cost of the applicant’s project, the Consultant will not be required to continue work on the applicant’s project after expiration of a 15-day written notice from Consultant regarding the deposit funding issue. The immediately preceding sentence shall not apply in the event that the City notifies the Consultant that it will continue to compensate the Consultant regardless of the deposit funding issue or the applicant provides an additional financial deposit to the City.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 3 of 13 ends

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to immediately terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorneys’ fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorneys’ fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees, and Agreement for Professional Services
Joyce Parker-Bozylinski

Page 4 of 13 ends

costs of litigation.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 5 of 13 ends

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 6 of 13 ends

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Joyce Parker-Bozylinski City Manager Principal
City of Malibu PO Box 1348
23825 Stuart Ranch Road Thousand Oaks, CA 91358
Malibu, CA 90265-4861 TEL (805) 368-7236
TEL (310) 456-2489 x 226 EMAIL
FAX (310) 456-2760 [email protected]

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 GENERAL TERMS AND CONDITIONS.

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply Agreement for Professional Services
Joyce Parker-Bozylinski

Page 7 of 13 ends

with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Agreement for Professional Services
Joyce Parker-Bozylinski

Page 8 of 13 ends

This Agreement is executed on _____________________, at Malibu, California, and effective as of August 1, 2024.

CONSULTANT:
_______________________________________
By: JOYCE PARKER-BOZYLINSKI, Principal
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
Joyce Parker-Bozylinski

Page 9 of 13 ends

EXHIBIT A

SCOPE OF WORK
September 2024
Joyce Parker-Bozylinski
Scope of Work & Schedule of Fees
PART A – GENERAL CONSULTING SERVICES
The Consultant will provide general planning consulting services to the City of Malibu as requested by the City’s Planning Director or his/her designee and will be responsible for providing a full range of planning services such as project management, ordinance development, policy development, development application review, environmental review and other related tasks. The scope of services shall include the following but are not limited to:

General project management includes establishing project tasks, schedule, and expectations.

Processing of City Zoning Ordinances and General Plan Amendments including the preparation of staff reports, resolutions, and ordinances
Processing of Local Coastal Program Amendments including the preparation of staff reports, resolutions, ordinances, and complete the California Coastal Commission (CCC) certification process including amendment submittal, serve as the liaison with the CCC staff, attend hearings, and preparation of final documents to process CCC suggested modifications.

Coordinate with outside agencies and City Departments as required to process projects.

Review projects for compliance with CEQA.

Deliverables may include Planning Commission, City Council, Zoning Ordinances Revisions and Code Enforcement City Council Subcommittee staff reports, resolutions, ordinances, presentations, public hearing notices, and other meeting materials as required.

Job Performance Standards
Telephone calls, emails, and public inquiries shall be returned within 24 hours.

Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records (e.g. emails). All records shall be datestamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status.

Consultant shall be proficient in the following computer applications including Microsoft Office Word, Excel, PowerPoint, Access, and GIS.

The Consultant Planner will be familiar and demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City of Malibu Zoning and LCP Interpretations Manual
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Trail Maps, Overlay Districts, etc. Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
Scope of Work
Joyce Parker-Bozylinski

Page 2 ends

September 2024

PART B - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below, for a not to exceed fee equal to $200,000, which includes a $3,000 Travel Expense Budget. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

Schedule 1 – Hourly Rate
Consultant Rate $190/Hour
*This agreement is for a sole proprietor and as such no employees are authorized to conduct work under this agreement. Should the Consultant desire to add employees, an amendment to the agreement is required.

After execution of the agreement, the City will submit a Notice to Proceed to the Consultant which will include an agreed upon Not to Exceed Per Month amount. This amount shall not be exceeded without the express permission of the Planning Director or his or her designee.

2. TRAVEL EXPENSE BUDGET
A Travel Expense Budget in the amount of $3,000 is available for the reimbursement for all expenses reasonably incurred by the Consultant in connection with services provided such as lodging and transportation cost which exceed attendance of meeting in excess of 50 miles from Consultant’s address.

An estimate of travel expenses shall be pre-approved by the Planning Director. Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

Discussion with staff or applicant about the cost of services or to address billing disputes.

Meetings to discuss work performance, contract or additional services.

Travel time to and from the City of Malibu.

Preparation of invoices and other administrative clerical services.

Contract administration, such as preparing or discussing contract amendments.

Time spent resolving errors in the event the Consultant is responsible.

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 10 of 13 ends

EXHIBIT B

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Page 11 of 13 ends

umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 12 of 13 ends

Agreement for Professional Services
Joyce Parker-Bozylinski

Page 13 of 13 ends

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Premium Planning Solutions, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating contract planning services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

2.0 TERM OF AGREEMENT. This Agreement will become effective on September 23, 2024, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $310,000 for the term of the agreement, except for work performed under an Applicant Deposit (as more particularly described in Section 4.2). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 5
Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 2 of 13 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 3 of 13 ends

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.5 Indemnification.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorneys’ fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 4 of 13 ends

any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees, and costs of litigation.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 5 of 13 ends

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 6 of 13 ends

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Marina Sek
City Manager Principal Agent
City of Malibu Premium Planning Solutions, Inc.
23825 Stuart Ranch Road 18 Sebastian
Malibu, CA 90265-4861 Irvine, CA 92602
TEL (310) 456-2489 x 226 TEL (323) 350-1716
FAX (310) 456-2760 [email protected]

7.0 GENERAL TERMS AND CONDITIONS.

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 7 of 13 ends

the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

City Initials _MS_____
Consultant Initials ______
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 9 of 13 ends

EXHIBIT A

SCOPE OF WORK
SECTION 1 - SCOPE OF WORK
PART A – SUBMITTAL ADMINISTRATOR
The Consultant shall oversee the planning permit application submittal intake process including determining application submittal requirements and fees, review completeness, fee collection, and routing applications for reviews to City Departments and agencies. • Ensures that all submittal documents are available in the City’s designated archiving locations including but not limited to the Land Development, OnBase, and project electronic folders. • Communicates application process to members of the public. • Creates handouts regarding the development process, if needed . • Maintains the Pre-Submittal Database module including tracking status of submittals and send reminders as needed.
• Maintain Fee Matrix.
• Process intakes within one business day.
• Keep abreast on new Department policies and practices. • Demonstrate a level of expertise with the Planning Department’s Counter Manual and other regulatory documents.
• Provide suggestions for improvements to the development process, handouts, and Development Portal.

PART B – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Project Manager / Principal Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Project Manager / Principal Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
• Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives. • Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary. • Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.
• Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects.

Scope of Work

Page 2 ends

• Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
• Prepare documentation, in a form prescribed by the City, normally associated with case processing. • Incomplete/Complete Letters processed within 30 calendar days of project submittal (target goal)
• Noticing Requirements for CDPs shall be processed before applications are deemed complete
• Notice of Decisions for APR/SPRs shall be processed no sooner than 21 days no later than 30 calendar days from the date of the issuance of the Notice of Application • Ensure that Planning fees are paid and included in incomplete letters • Staff reports for the Planning Commission, Environmental Review Board, and City Council shall be submitted to staff in final form including attachments, resolutions, and ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review. • Update Planning long range agenda and keep abreast of pertinent deadlines. • The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties. • Attend Planning Department staff meetings only upon the request by the Planning Director or his/her designee
• Attend trainings as requested by the Planning Director or his/her designee • Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.
• Provide other services as requested by the Planning Director • Review Conditions of Approval prior to final planning approval • Stamp plans at appropriate review stages and conform plans accurately to reflect project approval
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

PART C – OTHER
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. • Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status.

Scope of Work

Page 3 ends

• Meetings: Meetings with applicants and members of the public shall be held in City Hall, virtually, or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged. • Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.

SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

Schedule 1 – Hourly Rate
Marina Sek, Principal Agent $74/hr (consultant rate)
Not Designated TBD
After execution of the agreement, the City will submit a Notice to Proceed to the Consultant which will include an agreed upon Not to Exceed Per Month amount. This amount shall not be exceeded without the express permission of the Planning Director or his or her designee.

2. TRAVEL EXPENSE BUDGET
Reimbursement for all expenses reasonably incurred by the Consultant in connection with services provided such as lodging and transportation cost which exceed attendance of meeting in excess of 50 miles from Consultant’s address. An estimate of travel expenses shall be pre-approved by the Planning Director.

Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

3. NON-BILLABLE ADMINISTRATIVE OVERHEAD
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore, considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu (not related to Scope of Work). • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 10 of 13 ends

EXHIBIT B

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 11 of 13 ends

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Page 12 of 13 ends

ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Agreement for Professional Services
Premium Planning Solutions, Inc.

Page 13 of 13 ends

Page 1 of 2 ends

Agenda Item # 3.B.16.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: September 13, 2024 Meeting date: September 23, 2024 Subject: Amendment to Agreement with Santa Monica-Malibu Unified School District
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through January 31, 2025.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2024-25 in Account No. 100- 7059-5921-00 (Non-Departmental Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: The City has maintained a Master Facility Use Agreement (Agreement) with Santa Monica-Malibu Unified School District (District) since 1995. The Agreement outlines the terms of use and associated fees for City-organized youth and adult recreation programs during non-school hours at District facilities, including:
• Afterschool programs at Malibu and Webster Elementary Schools • Aquatic programs at the Malibu Community Pool
• Weekend recreation field use at Malibu Elementary School • Summer day camps at Malibu High School
• Youth, middle school, and adult sports programs at Malibu High School City Council Meeting
09-23-24
Item

3.B.16.

Page 2 of 2 ends

Agenda Item # 3.B.16.

In July 2024, the District provided the City with a cost analysis and proposed a new fee rate for the Agreement. Staff are working with the District to review the terms and rates of a new Agreement. Staff will present the proposed draft Agreement for Council to review at a future meeting.

Staff recommends authorizing the Mayor to execute Amendment No. 1 (Attachment) to the Master Facility Use Agreement with the Santa Monica-Malibu Unified School District, extending the term to January 31, 2025.

ATTACHMENTS: Amendment No. 1 to Agreement with Santa Monica-Malibu Unified School District
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on ________________, 2024 by and between the CITY OF MALIBU (hereinafter referred to as “City”), and SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT (hereinafter referred to as “District”).

The City and the Consultant agree as follows:

R E C I T A L S
A. On October 1, 2022, the City entered into an Agreement with the District to use school facilities for recreational programming and community use during non-school hours (“Agreement”).

B. The City and District desire to amend the Agreement to extend the term.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 1.13 is replaced in its entirety with the following: This Agreement shall become effective on October 1, 2022, and shall remain in full force and effect, expiring on January 31, 2025, unless terminated in accordance with section 6.3 of this Agreement. The Agreement may be extended at the discretion of the District and City for an additional period of time by mutual written consent of the District and the City.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on , 2024, at Malibu, California, and effective as of October 1, 2024.

CITY OF MALIBU:

CITY OF MALIBU, Mayor
ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT:

TREVOR RUSIN, Interim City Attorney ANTONIO SHELTON, Superintendent Santa Monica-Malibu Unified School District
Docusign Envelope ID: 781A536A-8E51-4151-9C77-317E66C010CF

Page 1 of 21 ends

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Joyce Parker-Bozylinski, Contract Planner
Allison Cook, Contract Planner
Reviewed by: Maureen Tamari, Interim Planning Director
Tyler Eaton, Senior Planner
Approved by: Steve McClary, City Manager
Date prepared: September 10, 2024 Meeting date: September 23, 2024 Subject: Adoption of Housing Element and Code Amendments RECOMMENDED ACTION: 1) Adopt Resolution No. 24-48 (Exhibit 1) approving the Revised Draft 2021-2029 Housing Element Update; 2) Adopt Resolution No. 24-49 (Exhibit 2) amending the Land Use Plan (LUP) of the Local Coastal Plan (LCP); 3) After the City Attorney reads the title of the Ordinance, introduce on first reading Ordinance No. 523 approving Local Coastal Program Amendment (LCPA) No. 20-001 and Zone Text Amendment (ZTA) No. 20-002 to update regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA); and 4) Direct staff to schedule second reading and adoption of Ordinance No. 523 for the October 14, 2024 City Council Regular meeting.

WORK PLAN: This item was included in the Adopted Work Plan for Fiscal Year 2023- 2024 and is part of normal staff operations.

DISCUSSION: The Planning Commission held a hearing on the Revised 2021-2029 Housing Element and related LCP and MMC amendments on August 19, 2024, and recommended approval of the Revised Housing Element and related LCP and MMC code amendments with two recommended changes to the Affordable Housing Overlay (AHO) zone. The Commission recommended the AHO Zone be amended to: 1) require a development agreement for very-low or low-income housing built within the AHO zone; and 2) that very-low or low-income housing built within the AHO zone include a minimum 55-year deed restriction. After the Commission action, it was determined that a minimum 55-year deed restriction already exists for an affordable housing development project in the AHO.

City Council Meeting
09-23-24
Item

4.A.
1

Page 2 of 21 ends

The Planning Commission wanted to ensure the units remained affordable for 55 years and meet the other required standards in the AHO and discussed a variety of ways to accomplish this including requiring a Development Agreement. The current code requires a developer to enter into an affordable housing agreement for rental unit projects, and for for-sale or owner-occupied units a covenant, in a form approved by the City, restricting future sale prices to levels affordable to lower-income households and including procedures for verifying and maintaining compliance with income eligibility requirements for a period of not less than 55 years is required. An affordable housing agreement is also required for applicants seeking a density bonus. The Planning Commission may not have been aware of the required provisions in an affordable housing agreement. Staff recommends not requiring a Development Agreement as HCD did not consider this requirement and may have a concern especially since the RHNA parcels are not City owned. In staff’s opinion, the existing and proposed provisions for an affordable housing agreement appear to meet the Commission’s intent.

The Planning Commission discussed several other possible changes with the overall goal of making the Housing Element and related code amendments as minimally impactful to the surrounding neighborhood as possible. Some of the discussion topics included establishing a minimum unit size, changing the minimum and maximum density in the AHO, requiring a nonprofit developer to build the affordable housing units in the AHO, and requiring rent restrictions for accessory dwelling units. The Commission also questioned the proposed change in the minimum number of affordable units needed to utilize the AHO by right approval. The current minimum affordability requirement for sites located in the AHO is 50 percent. This minimum is inconsistent with state law (California Government Code Section 65583.2 (c)), which requires a 20 percent minimum affordability requirement to achieve by right approval for sites identified in the prior housing elements. A 20 percent minimum affordability is more likely to be built by a developer and achieve the State’s goal of providing affordable housing within the city.

Staff has determined that each of the proposed changes would either be inconsistent with State law or likely be seen by California Department of Housing and Community Development (HCD) as a constraint to the development of multi-family housing and would require additional HCD review, which could delay certification of the Housing Element.

Another of the Commission’s concerns was how the City could safely accommodate more development due to the fact that the City is entirely within a Very High Fire Hazard Severity Zone (VHFHSZ) and has limited evacuation routes. The number of units each city must accommodate is determined by the Regional Housing Needs Assessment (RHNA) process which was completed in 2021 for the 6th Cycle 2021-2029 Housing Element. (See RHNA discussion below) The factors used by the Southern California Association of Governments (SCAG) to determine each jurisdictions allocation can be found in Section

7.2.8(a) Overview of the Regional Housing Needs Assessment (RHNA) in the revised Housing Element. A discussion of whether physical and environmental constraints should be considered in determining RHNA allocation has been an ongoing discussion. Natural and infrastructure constraints are considered in the development of the regional growth forecast but not as part of the RHNA allocation process. The City submitted two letters to 2

Page 3 of 21 ends

SCAG as part of the proposed Draft RHNA Methodology process providing information on the City’s VHFHSZ and requesting consideration of VHFSZ when developing the RHNA methodology.

For the 2019 (6th cycle) RHNA allocation process SCAG’s jurisdictions received significantly higher RHNA allocations than previous RHNA cycles, which resulted in over 50 appeals. Only two appeals were partially granted and the rest were denied. While these appeals were for a variety of reasons, a search determined that VHFHSZ was one of the reasons given for some of the jurisdictions such as Agoura Hills, Rancho Palos Verde, and Rancho Santa Margarita.

The California Legislature passed Senate Bill (SB) 182 on August 31, 2020. SB 182, which would have established wildfire reduction standards and planning requirements for new housing developments in Very High Fire Risk Areas (VHFRA) and would have amended Government Code Section 65584.04(e)(13) to require SCAG, starting with the 7th Housing Element cycle, to take into account the amount of land within a jurisdiction’s very high fire risk area and allocate a lower proportion of housing to a jurisdiction if it is likely that the jurisdiction would otherwise need to identify lands within a very high fire risk area as adequate sites to meet its housing need allocation. This bill was vetoed by Governor Newson. https://www.gov.ca.gov/wp-content/uploads/2020/09/SB-182.pdf In April 2024, HCD published California’s Housing Future 2040: The Next Regional Housing Needs Allocation (RHNA). https://www.hcd.ca.gov/planning-and-communitydevelopment/regional-housing-needs-allocation#cahf2024 In this report, HCD makes recommendations to legislators on the changes to the RHNA process they feel are necessary to effectively plan for the homes that will be needed across the state by 2040.

One of the recommendations is revising the language in the statute around housing opportunities and constraints to add more clarity around the types of constraints that should and should not be considered during the allocation process. As noted in the report: “... The list of constraints that can be considered should be expanded to include physical and economic constraints in addition to legal and infrastructure constraints. This would help to direct more RHNA to places where increasing the zoned capacity will result in more housing production.”
2021-2029 Housing Element
The Housing Element Update includes analysis of the community’s housing needs, opportunities and constraints, as well as policies and programs to facilitate the construction, rehabilitation, and preservation of housing for all economic segments of the community. Every city and county in California is required by law to prepare a Housing Element update for the “6th housing element update cycle”. The statutory deadline to adopt a certified 2021-2029 (6th cycle) Housing Element for all jurisdictions in the Southern California Association of Governments (SCAG) region, including the City of Malibu, was October 15, 2021.
3

Page 4 of 21 ends

The City Council initially adopted the 6th Cycle Housing Element on August 24, 2021, and the adopted Housing Element was transmitted to HCD for review. HCD plays the critical role of reviewing every local government’s housing element to determine whether it complies with state law and then submits written findings back to each local government.

HCD’s approval is required before a local government can adopt its housing element as part of its overall General Plan.

Following the initial adoption, the City received a comment letter from HCD (October 22, 2021) indicating that while the Revised Housing Element met many statutory requirements of State Housing Element law, revisions would be necessary to fully comply with State Housing Element law. The City subsequently submitted revised Housing Elements to HCD on January 10, 2022, February 7, 2024, and May 7, 2024. HCD issued comment letters (March 22, 2022, March 22, 2024, and June 21, 2024) for each of the submittals indicating further revisions would be needed to comply with State Housing Element law. Copies of the letters and other documents related to the history of the Housing Element adoption process can be found on the City’s Housing Element webpage at https://www.malibucity.org/370/Housing-Element-Update. City staff and the Housing Element consultant continued to work closely with HCD staff to address HCD comments.

On July 19, 2024, a Revised Draft Housing Element, which HCD indicated met statuary requirements pending formal review, was circulated for the required seven-day public review period (July 19 – July 26th). On July 29, 2024, the revised Draft Housing Element was re-submitted to HCD and on July 31, 2024, the City received a letter from HCD stating that the Housing Element meets the statutory requirements of State Housing Element law. (Attachment 2). Any changes to the Housing Element subsequent to the July 29, 2024 submittal would open up the possibility of HCD rescinding the letter and lead to further delays while HCD reviews the changes.

Regional Housing Needs Assessment (RHNA)
State law requires the Housing Element to address several issues including preservation of the existing housing stock, future housing needs of the community, resources and constraints affecting housing, and fair housing. One of the requirements of State Housing Element law is that each city must adopt land use plans and regulations that create sufficient opportunities for residential development to accommodate its assigned share of statewide housing need. The Regional Housing Needs Assessment (RHNA) is the process by which each city’s need for additional housing is determined.

The City was assigned a RHNA allocation of 79 units for the 2021-2029 Housing Element planning period. This RHNA allocation was assigned to the City in 2021.

The 6th cycle RHNA allocation by income category for Malibu is shown in Table 1.

Table 1 - RHNA by Income Category
Very Low1 Low Moderate Above
Moderate
Total
282 19 17 15 79
4

Page 5 of 21 ends

Source: SCAG 2021
Notes:
1 Includes the Extremely-Low-Income (ELI) Category
2 14 units are assumed to be ELI pursuant to Government Code §65583.a.1 After accounting for planned and approved projects and projected Accessory Dwelling Units (ADUs), the remaining RHNA units (30 lower-income and 16 moderate-income units) must be accommodated through adequate sites planning. The site inventory capacity analysis found that existing land use designations can accommodate the RHNA on vacant and underutilized land (see Appendix B, Residential land Inventory in the Housing Element, for more information).

In 2013 the City amended the General Plan, LCP, and MMC to establish the Affordable Housing Overlay (AHO) District (LIP Section 3.4.5 and MMC Section 17.42.020(L)) allowing multi-family development at a minimum density of 20 units/acre and a maximum density of one dwelling unit per 1,613 square feet of lot area (27 units/acre) including the additional density bonus, by-right when affordable housing is provided. As required by State law, one of the code amendments will update this language to note that the density bonus would be in addition to the 27 units/acre maximum. The AHO zone was placed on three parcels on Pacific Coast Highway and one parcel in the Civic Center known as La Paz Lane. The three parcels on Pacific Coast Highway and projected ADUs will be utilized to meet the remaining lower and moderate income RHNA units. The residential unit capacity assumptions on the AHO sites has been reduced to account for onsite environmentally sensitive habitat area (ESHA). It should be noted that these sites are adjacent to existing multifamily residential townhomes/condominiums (The Pointe and the Rey de Copas) which were built prior to cityhood. Los Angeles County allowed heights greater than 28 feet and densities greater than 6 dwelling units an acre so any project developed on the parcels would likely blend in with the existing development. While the La Paz Lane site will not be needed to meet RHNA, the AHO zone will remain on the parcel until a decision is made on the use of the parcel as part of the on-going development of a master plan for future uses of vacant City-owned land. In addition, Government Code Section 65863 and Housing Program Objective 2.2.a. requires the City to monitor the development of properties identified to meet RHNA requirements and if the City approves a project on the AHO sites that would result in a loss of land available to accommodate the RHNA, the City will need to identify adequate sites to accommodate any shortfall and/or rezone additional sites to accommodate lower and moderate-income households within 180 days of approval of said development.
5

Page 6 of 21 ends

Affirmatively Furthering Fair Housing (AFFH)
All housing elements due on or after January 1, 2021 must include an assessment of fair housing. This is a new requirement that was instituted for all 6th cycle Housing Elements.

Appendix F in the Housing Element provides that assessment for the City. The AFFH analysis identifies meaningful actions to address factors that contribute to fair housing issues in Malibu in Table F-13. The meaningful actions to address these fair housing issues are incorporated into programs and actions in Chapter 7.5, Housing Plan. Based on community feedback and data analysis, it was determined that high-priority issues in the city are lack of affordable housing, fair housing enforcement and outreach, and segregation of low-income residents.

As noted in the AFFH analysis, the entire city is designated a highest resource, highest income, and racially concentrated area of affluence (RCAA). HCD’s June 21, 202 letter states the Housing Element must “include a significant suite of programs to facilitate housing mobility and promote housing choices and affordability throughout the City. These programs should not be limited to the Regional Housing Needs Allocation (RHNA) and, instead, target significant and meaningful change to promote housing choices and affordability throughout the City. Examples include promoting more housing choices and affordability in lower-density areas (e.g., missing middle housing types), identifying additional multifamily sites and increasing densities in multifamily zones, religious institutional sites, city-owned sites, enhancing ADU, junior accessory dwelling units (JADU) or additional conversion of existing space, and home sharing strategies. Programs must have specific commitment, milestones, geographic targeting and metrics or numerical targets.” To address this comment, Housing Programs were added to enhance housing mobility strategies as described in the Housing Plan and shown in Table F-13 in Appendix F AFFH.

Two examples of programs/objectives that were added to facilitate housing mobility and promote housing choices and affordability throughout the city are Objective 4.1.f., which would allow up to two JADUs per single-family lot. At least one JADU must be rent restricted to lower or moderate-income households. Allowing one additional rent restricted JADU will provide more rental opportunities which would promote more housing choices and affordability in lower-density areas. In addition, Objective 3.3.b promotes shared housing opportunities such as Affordable Living for the Aging (ALA), which connects senior homeowners with housemates seeking discounted rent in exchange for providing support to senior homeowners so they can remain in their home. Information on shared housing programs will be posted on the City’s website, and the ALA and/or similar organizations would be invited to attend the City’s senior resource fair as a vendor.

Chapter 7 - Housing Plan
An important part of the Housing Element is the Housing Plan (Section 7.5) because it describes the City’s policies, programs, and objectives for the 2021-2029 planning period.

This section has been updated to reflect current laws including fair housing requirements and includes commitments for specific actions through the end of the Housing Element 6

Page 7 of 21 ends

planning period (2029). In addition to updating the code to meet current laws, the Housing Plan provides a variety of actions that will commit the City to be more proactive in providing information to the public on housing opportunities and services offered by outside agencies and the availability of the AHO sites for affordable housing. See Housing Program 5 for proactive actions the City will need to take.

A description of all required LCP and MMC amendments is provided below in the LCP and MMC Amendments section of the staff report. These amendments include, but are not limited to, updates to the City’s Density Bonus Ordinance and Affordable Housing Overlay District, changes to the allowed location and development standards for emergency shelters, and changes to the permitted uses in most residential zones. As noted below, two of the Housing Programs will be implemented through amendments undertaken in the future. In addition to these two Housing Programs, Objective 4.1.e requires the City to update the ADU ordinance in the MMC in compliance with State law within six months of receipt of comments from HCD or within six months from adoption of this Housing Element, whichever comes later. The City’s MMC ADU Ordinance was transmitted to HCD on February 1, 2024. To date, the City has not received comments from HCD on the ordinance. An amendment to the ADU ordinance would also be needed to implement Objective 4.1.f, which would allow one additional rent restricted (to lower or moderateincome household) Junior ADU.

Consequences for Non-Compliance
An important difference between the Housing Element and other elements of the General Plan is the extent of State oversight. Under California law, land use and development are generally within the authority of cities through the adoption of policies and regulations in General Plans, Local Coastal Programs, and municipal codes. However, State law establishes many specific limitations on city land use authority with regard to housing. The State legislature has also declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to the HCD to review local government Housing Elements and issue opinions regarding their compliance with State Housing Element law. A finding of Housing Element compliance by HCD is referred to as “certification” of the Housing Element. Certification is important to enhance cities’ eligibility for grant funds and to support the legal validity of the City’s General Plan and land use regulations.

In addition, on May 19, 2023, the City received a “Letter of Inquiry” seeking a timeline for the City to adopt a compliant Housing Element and advising the City of the consequences of not obtaining a compliant Housing Element. On June 27, 2023 the City issued a schedule for completion of the Housing Element and on July 20, 2023, the City received a second “Letter of Inquiry” finding that the City had “failed to adopt a housing element that meets the requirements of State Housing Element Law and is therefore in violation of those statutes”. Copies of the Letter of Inquiries can be found at https://www.malibucity.org/370/Housing-Element-Update. During this period, the City 7

Page 8 of 21 ends

Council entered into a Stipulated Judgment1 with HCD establishing deadlines for the City to adopt a compliant Housing Element.

The Stipulated Judgment deadlines to obtain certification provide as follows:
1) No later than September 23, 2024, the City Council must hold a public hearing to readopt the Housing Element and hold first readings on the MMC and LCP amendments;
2) Prior to second reading of the MMC and LCP amendments, the adopted Housing Element and code amendments need to be submitted to HCD no later than October 4, 2024;
3) By October 14, 2024, the City Council needs to conduct the second reading of, and adopt, the MMC and LCP amendments; and
4) By October 18, 2024 the City must submit the code amendments to HCD along with evidence that any required LCP amendments were transmitted to the California Coastal Commission for its review and certification.

LCP and MMC Amendments
The Housing Element programs and objectives that require amendments to the LCP and the MMC are listed and described below, along with the sections of the Land Use Plan (LUP), LIP, and MMC that are proposed for amendment. The Resolution for the LUP amendment is included as Attachment 2, and the Ordinance for the LIP and MMC amendments is included as Attachment 3. Attachment 6 are “redline” versions of the LUP, LIP and MMC amendments, showing the existing text and the proposed changes. The relevant California Government Code (Govt. Code) section or Health and Safety Code section that the program and/or objective is meant to implement is also listed, if applicable.

Often, the Government Code Section specifies the requirements the program and/or objective must meet. One program/objective requires an amendment to the LUP.

Two objectives require LIP and MMC amendments to be adopted by the end of 2025. Staff will bring these amendments back for Planning Commission and City Council consideration at a later date. The two objectives are Objective 2.4.b. regarding large residential care facilities and Objective 4.3.b regarding Site Plan Review (SPR) findings.

The large (7 or more) residential care facilities amendment would, as required by HCD, allow large residential care facilities in residential zones with an administrative permit.

Findings for approval of the permit would be based on objective standards that the City develops. The type of permit and objective findings will be developed as part of the future amendment. In addition, the provision allowing a “residential care facility for the elderly limited to operation by a nonprofit only” with a Conditional Use Permit will need to be amended to better define the use and remove the requirement that it must be operated only by a nonprofit. That section will be updated in 2025 as part of the large residential care facility amendment.
1 https://oag.ca.gov/news/press-releases/attorney-general-bonta-newsom-administration-reach-agreement-city-malibu 8

Page 9 of 21 ends

The amendment to SPR findings is required by HCD for proposed multi-family projects with heights over 18 feet. HCD is requiring that the findings for such multi-family projects be objective. Objective findings are those that do not require subjective judgement.

Objective findings would consist of objective standards that need to be met. State law defines objective standards as, “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” (Govt. Code section 65913.4(a)(5)).

These findings will be developed as part of the future code amendment.

A summary of the draft LCP and MMC amendments is provided below. In addition, two clean up changes were needed from the amendments provided in the adopted Planning Commission resolution. These include adding "Mixed use" to the MMC Appendix 1 land use table, and allowing it in CG with a CUP and changing Section 3.4.5(E)(1)'s reference to "3.7.2," with "3.7.1(D)(4)" reference removed. In MMC 17.63.050, Item 6 was shown as deletion but should not be removed. These changes have been included in the Ordinance.

Program 2.3 Replacement Housing, Objective 2.3.a.

Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will amend the LIP and MMC to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households are subject to this requirement. Those units shall be replaced with units affordable to the same or lower-income level as a condition of any development on the site. Replacement requirements shall also be consistent with those set forth in the State Density Bonus Law.

Amend the LIP and MMC to establish the replacement requirements pursuant to AB 1397.

Applicable Govt. Code Sections: 66300(d) and 65915(c)(3) MMC Amendment:

Add new Section 17.42.020(L)(6) Replacement Housing to Section 17.42.020 Affordable Housing Overlay District. The amendment applies to new affordable housing developments on sites in the Affordable Housing Overlay District that currently have residential uses, or within the past five years have had residential uses, that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low or very low income households. These new affordable housing development projects are required to replace affordable dwelling units meeting the 9

Page 10 of 21 ends

conditions listed above with those affordable to the same or lower category of income level as part of a new project.

LIP Amendment:

Add new section 3.45(F) Replacement Housing to Section 3.4.5. Affordable Housing Overlay District, similar to that for MMC Section 17.42.020(L)(6).

Program 2.4 Support Development of Variety of Housing Types, Objective 2.4.a.

Amend the LIP and MMC to allow transitional and supportive housing in all zones allowing residential uses, including the CC zone, as a regular residential use to be similarly permitted as other uses of the same housing type in the same zone. Amend the LIP and MMC to allow supportive housing by right (AB 2162).

Applicable Govt. Code Sections: 8698.4(c)(2), 65582(g) and (j), 65583, 65650, and 65651(a)
MMC Amendment:
• Add transitional housing and supportive housing as permitted uses in all zoning districts where housing is allowed. These include Chapters 17.24 (Community Commercial - CC), 17.30 (Commercial General - CG), 17.34 (Institutional - I), and 17.39 (Malibu Estates Planned Development - PD) where they need to be allowed in the same manner as other residential uses in the same zone (either single-family or multiple family housing depending on what the zone allows). In the CC zone, supportive housing would only be allowed on the La Paz parcel (4458-022-908) which is in the Affordable Housing Overlay since that is the only housing permitted in the CC zone.

Transitional housing and supportive housing uses are currently permitted, and would remain permitted, in the Rural Residential (RR), Single Family (SF), Multiple-Family (MF), and Multifamily Beach Front (MFBF) zones, but transitional housing and supportive housing are now referenced separately (previously, they were combined as one item), and, in the MF and MFBF zones, a provision has been added to distinguish between supportive housing and the new use of permanent by right supportive housing, with a reference to a new Section 17.40.12(C) for permanent by right supportive housing provisions. The provisions in Section 17.40.12(C) implement the Govt. Code by allowing the use by right (no discretionary review) if it meets all the requirements stipulated in the Govt. Code. Such use must be allowed in all zoning districts that allow multi-family residential or mixed-use developments (MF, MFBF, CC, and CG).
• Update Zoning Ordinance Appendix 1 Permitted Uses Table to add transitional housing and supportive housing as permitted uses in the RR, SF, MF, MFBF, CC, and CG, zoning districts.
10

Page 11 of 21 ends

• Update Section 17.02.060 Definitions to be consistent with the Govt. Code definition for supportive housing.
• Update Section 17.48.030(A) Specific parking requirements, residential uses, to add transitional and supportive housing minimum parking space requirements the same as other uses of the same housing type in the same zone.

LIP Amendment:
• Update Section 2.1 Definitions similar to that for MMC 17.02.060 for supportive housing and permanent supportive housing.
• Update Section 3.3(Q)(2) – Planned Development Zone (PD) for Lots 1-5 to allow transitional housing and supportive housing similar to that for MMC Section 17.39.
• Add new Section 3.11.5(D) for by right permanent supportive housing required provisions, similar to that for MMC Section 17.40.12(C). • Update Section 3.14.3 Specific Parking Requirements similar to that of MMC Section 17.48.030(A) for transitional housing, supportive housing, and by right permanent supportive housing.
• Update LIP Attachment 3, Appendix 1, Table B Permitted Uses similar to that of MMC Zoning Ordinance Appendix 1 Permitted Uses Table for transitional housing, supportive housing, and permanent supportive housing by right.

Program 2.4 Support Development of Variety of Housing Types, Objective 2.4.c.

Revise the definition of emergency shelters, remove or increase the individual capacity limit, and remove the requirement of proximity to a transit stop and the requirement for adequate water supply and sewage disposal capabilities for emergency shelters to meet the requirements of AB 2339. Remove any requirements that are not required for other residential uses in the same zone. Amend LIP and MMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code Section 65583, subdivision (a)(4)(A).

Applicable Govt. Code Sections: 50801(e), 65583(a)(4)(A) MMC Amendment:
• Portions of the existing text in Section 17.40.120 Emergency shelters have been updated to comply with current Govt. Code requirements. In particular, the maximum capacity limit for an emergency shelter has been increased from 25 to 55, based on a survey of the number of homeless individuals conducted in the City (2024 Greater Los Angeles Homeless Count – see Housing Constraints section of the Housing Element for more information).

Section 17.40.120 has also been reorganized to become 17.40.120 Special housing projects, with A. Emergency shelters (some changes), B. Low barrier 11

Page 12 of 21 ends

navigation centers (new), C. By-right permanent supportive housing (new), and D. Single-room occupancy facilities (no changes). The reorganization is to better present provisions for various types of special housing, two of which are new categories, under an overall section addressing types of special housing. The new low barrier navigation centers and by-right permanent supportive housing updates are addressed elsewhere in this report (Objectives 2.4.d. and 2.4.a., respectively).
• Update Section 17.02.060 Definitions to be consistent with the Govt. Code definition for emergency shelters.
• Update Section 17.48.030(A) Specific parking requirements, residential uses, for emergency shelters to be consistent with Govt. Code.

LIP Amendment:
• Update Section 2.1 Definitions similar to that for MMC Section 17.02.060 Definitions to be consistent with the Govt. Code definition for emergency shelters.
• Update Section 3.14.3 Specific Parking Requirements, similar to that for MMC Section 17.48.030(A) Specific parking requirements, residential uses, for emergency shelters to be consistent with Govt. Code.
• Update Section 3.11 Development Standards for Special Uses to create a new Section 3.11.5 Special Housing Projects, similar to that of MMC Section

17.40.120, including reorganization, revisions to provisions for emergency shelters, and addition of provisions for low barrier navigation centers (see Objective 2.4.d.) and by-right permanent supportive housing (see Objective

2.4.a.).

Program 2.4 Support Development of Variety of Housing Types, Objective 2.4.d.

Amend the LIP and MMC to comply with Government Code Section 65661 which requires a Low Barrier Navigation Center to be a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met.
12

Page 13 of 21 ends

Applicable Govt. Code Sections: 65660(a), 65661
MMC Amendment:
• Add low barrier navigation center as a permitted use in the following MMC Chapters: 17.24 (CC), and 17.30 (CG). Note that only the text in Section 17.24 (CC) is proposed to change, as Section 17.30 (CG) tier off each of the previous sections for permitted uses (i.e., they all allow the same permitted uses as the CC zone).
• Add new Section 17.40.120(B) for low barrier navigation center requirements and provisions.
• Add to Section 17.02.060 Definitions a definition for low barrier navigation center consistent with Govt. Code, and a definition for coordinated entry system, which is a requirement of a low barrier navigation center. • Add to Section 17.48.030(A) Specific parking requirements, residential uses, parking requirements for low barrier navigation centers. • Add to Zoning Ordinance Appendix 1 Permitted Uses Table low barrier navigation center as a permitted use in the CC and CG zoning districts.

LIP Amendment:
• Add new Section 3.11.5(B), similar to that of MMC 17.40.120(B), for low barrier navigation center requirements and provisions.
• Add to Section 2.1 Definitions, similar to that for MMC 17.02.060 Definitions, a definition for low barrier navigation center and coordinated entry system consistent with Govt. Code.
• Add to Section 3.14.3 Specific Parking Requirements parking requirements for a low barrier navigation center, similar to that for MMC Section

17.48.030(A).
• Add to LIP Attachment 3, Appendix 1, Table B Permitted Uses, similar to that of MMC Zoning Ordinance Appendix 1 Permitted Uses Table, low barrier navigation center as a permitted use in the CC and CG zoning districts.

Program 2.4 Support Development of Variety of Housing Types, Objective 2.4.e.

Amend the LIP and MMC to comply with State Employee Housing Act, which stipulates that any employee housing for six or fewer persons should be treated as a single-family use.
13

Page 14 of 21 ends

Applicable CA Health and Safety Code Section: 17021.5(b) MMC Amendment:

• Add employee housing for six or fewer persons as a permitted use in Chapters 17.08 (RR), 17.10 (SF), 17.12 (MF), 17.14 (MFBF) in the same manner as a single-family residence.
• Add to Zoning Ordinance Appendix 1 Permitted Uses Table employee housing for six or fewer persons as a permitted use in the RR, SF, MF, and MFBF zoning districts in the same manner as a single-family residence.

LIP Amendment:
• Add to LIP Attachment 3, Appendix 1, Table B Permitted Uses, similar to that of MMC Zoning Ordinance Appendix 1 Permitted Uses Table, employee housing for six or fewer persons as a permitted use in the RR, SF, MF, and MFBF zoning districts in the same manner as a single-family residence.

Program 2.4 Support Development of Variety of Housing Types, Objective 2.4.f.

Amend the parking requirements for studios/1-bedroom and 2 or more bedroom multifamily units to reduce the number required and remove the enclosure requirement.

MMC Amendment:
• Update MMC Section 17.48.030(A) Specific parking requirements, residential uses, for multi-family residential uses such that efficiency and one-bedroom units require one parking space and units with two or more bedrooms require two spaces; requirements for covered and enclosed spaces are removed; and the same parking requirements apply the same to market rate and affordable dwelling units. Provisions for guest parking are not changed.

LIP Amendment:
• Update Section 3.14.3 Specific Parking Requirements, Residential Units, for multi-family residential uses such that efficiency and one-bedroom units require one parking space and units with two or more bedrooms require two spaces. Provisions for guest parking are not changed. (Note: Existing requirements do not stipulate covered or enclosed spaces, nor differentiate between market rate and affordable dwelling units).
14

Page 15 of 21 ends

Program 3.1 Facilitate the Development of New Housing for Extremely Low-, Very Low-, and Moderate-Income Households, Objective 3.1.e.

Amend the development standards of the Affordable Housing Overlay Zone as described in the MMC and LIP to include a maximum density independent of the state density bonus.

Applicable Govt. Code Section: 65583.2
MMC Amendment:
• Update Section 17.42.020(L) – Affordable Housing Overlay District to clarify a state density bonus allowance is in addition to the allowed maximum density specified in this section.
• Update Section 17.42.020- Table 1 – AHO Districts Sites with new assessor’s parcel number for the La Paz site
LIP Amendment:
• Update Section 3.4.5(D) – Affordable Housing Overlay District, similar to that of MMC Section 17.42.020(L).
• Update Section 3.4.5 - Table 1 – AHO Districts Sites with new assessor’s parcel number for the La Paz site
Program 3.3 Housing for Persons with Special Needs, Objective 3.3.d.

Amend the MMC and the Local Implementation Plan (LIP) to remove the provision of review of a request for reasonable accommodation on the basis that may have a material effect on surrounding properties and ensure that requests for reasonable accommodation are reviewed only on the basis of objective findings, limited to review by the Planning Director. Additionally, clarify in the MMC and LIP that review and approval of reasonable accommodation requests are not contingent upon the findings of other discretionary decisions.

Applicable Govt. Code Sections: 12927(c)(1) and 12955, CA Fair Employment and Housing Act
MMC Amendment:

Update Chapter 17.63 Housing Accessibility – Request for Reasonable Accommodation to comply with requirements for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies, and procedures.

LIP Amendment:
15

Page 16 of 21 ends

Update Section 13.30 Housing Accessibility – Request for Reasonable Accommodation, similar to that of MMC Chapter 17.63.

Program 3.4 Density Bonus, Objective 3.4.a.

Amend city density bonus regulations consistent with state law (Government Code Section 65915 et seq.).

Applicable Govt. Code Section: 65915
MMC Amendment:

Update Section 17.41.1.010 Residential density bonus to be consistent with Govt.

Code provisions, including multiple legislative changes in recent years to state density bonus law. Due to the complexity and frequent amendments to state density bonus law, many of the MMC provisions reference specific Govt. Code sections as opposed to enumerating each Govt. Code provision in the MMC.

LIP Amendment:

Update Section 3.7.1 Residential Density Bonus, similar to that for MMC Section

17.41.1.010.

Program 3.5 By-Right Approval, Objective 3.5.a.

Program 3.5
Pursuant to Government Code Section 65583.2, reusing the following types of sites in the City’s site inventory for lower income RHNA are subject to by-right approval without discretionary actions and exempt from CEQA and subject only to design review based on objective standards when a project includes 20 percent of the units affordable to lowerincome households.

Reuse Sites (No Rezoning Required):
• Vacant sites that were identified in the City’s 4th and 5th cycles Housing Element as sites for lower income RHNA; and
• Nonvacant sites that were identified in the City’s 5th cycle Housing Element as sites for lower income RHNA.

Page 17 of 21 ends

sites and replace requirements with 20 percent of units affordable to lower-income households. In addition, the AHO will be modified to allow projects involving subdivisions by right while complying with the MMC and LIP.

Objective 3.5.a.

Modify existing threshold requirements to implement the by-right approval requirement without discretionary review for 20 percent affordability to lower-income households for the AHO parcels in the Sites Inventory concurrent with readoption of the Housing Element and pursue LIP amendment, if necessary, to be consistent with state law (Government Code Section 65583.2).

Applicable Govt. Code Section: 65583.2
MMC Amendment:

Update Section 17.42.020(L) Affordable Housing Overlay District for Sites 1 and 2 (RHNA site inventory) for by right approval of use and subdivisions if the required affordable units are provided, including providing objective development standards for affordable housing projects.

LIP Amendment:

Update Section 3.4.5 Affordable Housing Overlay District, similar to that for MMC Section 17.42.020(L).

Program 4.2 Expedite the Project Review Process, Objective 4.3.a.

Remove the CUP requirement for multi-family development in the MF and MFBF zoning districts and allow multi-family development as a permitted use in those zoning districts.

The requirement for a CUP was seen as a constraint to multifamily development. While a use permit would no longer be required, any new development would still need to comply with the Coastal Act and obtain a Coastal Development Permit for the construction of the project.

MMC Amendment:
• Update Chapter 17.12 (MF) to remove, “multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments” from Section 17.12.040 Conditionally permitted uses and add it to Section 17.12.020. Permitted uses, along with “-new or the expansion of over 500 square feet of multiple-family residential use” to be consistent with Appendix 1 Permitted Uses Table and LIP Attachment 3, Appendix 1, Table B Permitted Uses. Such use continues to be allowed as a 17

Page 18 of 21 ends

permitted use in Section 17.24.020 in the CC zoning district if an affordable housing development project.
• Update Chapter 17.14 (MFBF) to remove, “new, or the expansion over 500 square feet of, multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments” from Section 17.14.040 Conditionally permitted uses, and add it to Section 17.14.020 Permitted uses.
• Update Zoning Ordinance Appendix 1 Permitted Uses Table to allow, “multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments – new or the expansion over 500 sf of existing multifamily residential use” as a permitted use and remove the requirement for a CUP in the MF and MFBF zoning districts.

LIP Amendment:
• Update LIP Attachment 3, Appendix 1, Table B Permitted Uses, similar to that of MMC Zoning Ordinance Appendix 1 Permitted Uses Table, making “multiple-family residential uses, including duplexes, condominiums, stock cooperatives, apartments and other similar developments – new or the expansion over 500 sf of existing multifamily residential use” a permitted use in the MF and MFBF zoning districts, and removing the requirement for a CUP.

Program 4.2. Expedite the Project Review Process, Objective 4.3.c.

Clarify that the impermeable coverage requirement does not apply to beachfront lots, including multi-family development.

MMC Amendment:

Update Section 17.40.040(A)(11)(b) Residential development standards to exempt multi-family residential development beachfront lots from impermeable coverage maximum requirements. The MMC currently provides that other residential uses on beachfront lots are not required to comply with this impermeable coverage standard.

LIP Amendment:

Update 3.6(I.2) Residential Development Standards, similar to that of MMC Section

17.040(A)(11)(b). The LIP currently provides that other residential uses on beachfront lots are not required to comply with this impermeable coverage standard. 18

Page 19 of 21 ends

Program 4.2. Expedite the Project Review Process, Objective 4.3.d.

For Affordable Housing Development in the AHO, as defined in LIP, allow a maximum height of 30 feet and remove the two-story limit to accommodate a density of 27 dwelling units/acre.

HCD indicated that a two story building with a maximum height of 28 feet could not accommodate 27 dwelling units an acre. The maximum height of 28 feet was seen as a constraint to multifamily development.

MMC Amendment:
• Update Section 17.42.020(L) Affordable Housing Overlay District to allow affordable housing projects (multi-family residential) to exceed two stories but not exceed 30 feet in height.
• Update Section 17.40.040(A)(5)(a), (b), and (c) Residential development standards, height, to reference Section 17.42.020(L)(3)(b)(iii) for height standards (Affordable Housing Overlay District).

LIP Amendment:
• Update Section 3.4.5 Affordable Housing Overlay District, similar to that of Section MMC 17.42.020(L) Affordable Housing Overlay District, to allow affordable housing projects (multi-family residential) to exceed two stories but not exceed 30 feet in height.
• Update Section 3.6(E) Residential Development Standards, height, similar to that of MMC Section 17.40.040(A)(5)(a), (b), and (c), to reference LIP Section

3.4.5(D)(2)(c) for height standards (Affordable Housing Overlay District).

LUP Amendment:

Update Chapter 6 – Scenic and Visual Resources, Land Use Policy 6.7 regarding height of structures to allow a maximum height of 30 feet in the Affordable Housing Overlay Zone to accommodate an affordable housing project.

Program 4.2. Expedite the Project Review Process, Objective 4.3.e.

For multi-family development, allow alternatives to story poles, such as photo simulations, for development subject to story pole requirements under Chapter 6 of the LIP.

HCD indicated the installation of story poles can be costly and thus is a constraint for multifamily development.
19

Page 20 of 21 ends

MMC Amendment:

N/A
LIP Amendment:

Update Chapter 6 – Scenic, Visual, and Hillside Resource Protection Ordinance, Section 6.7 Application Submittal Requirements, to allow for photo simulations and/or other visual impact analysis exhibits, in-lieu of story poles, for multi-family residential development view analysis.

Other
In addition to the proposed amendments to implement the Housing Element programs and objectives, the following items were identified during review of the LIP, LUP, and MMC, and although not directly related to the Housing Element programs and objectives, are proposed for amendment “as clean-up” items:
• Add definition of “by right use” to MMC Section 17.02.060 Definitions and LIP Section 2.1 General Definitions since the term is referenced in amendment text. • Update definition of “lower income household” in MMC Section 17.02.060 Definitions and LIP Section 2.1 General Definitions to be consistent with Govt.

Code.
• Update definition of “residential care facilities, small” to be consistent with Govt.

Code in MMC Section 17.02.060 Definitions and LIP Section 2.1 General Definitions.
• Separate “residential care facilities serving six or fewer persons” from “small family day care and residential care facilities serving six or fewer persons” in MMC Sections 17.08.020 (RR), 17.10.020 (RS), 17.12.020 (MF), and 17.14.020 (MFBF) Permitted uses because they are two different types of uses. List “residential care facilities, small” and “small family day care” separately as permitted uses in these zoning districts. (Note: the proposed definition of, “residential care facilities, small” in MMC Section 17.02.060 and the existing definition in LIP Section 2.1 includes six as the maximum number of persons served).
• Remove, “Residential care facilities (serving 6 or fewer persons)” from MMC Appendix 1 Permitted Use Table and LIP Attachment 3, Appendix 1, Table B Permitted Uses, as it is duplicative of the existing, “Small residential care facilities (serving 6 or fewer persons).”
• Added “Mixed Use (commercial and residential)” to Section 17.30.030 Conditionally permitted uses (CG) and to MMC Appendix 1 Permitted Use Table, to be consistent with LIP Attachment 3, Appendix 1, Table B Permitted Uses and the City General Plan. Mixed use is currently conditionally allowed in the CG zoning district in the LIP and in the CG land use designation in the General Plan. It was inadvertently not included in MMC Section 17.30.030.
20

Page 21 of 21 ends

• Added, “Multifamily” before “Affordable housing development projects” in MMC Section 17.24.020 Permitted uses (CC) to clarify that the affordable housing shall apply to multi-family uses (and not single-family residential uses, since single-family residential uses are not allowed in the CC district) and added, “in the Affordable Housing Overlay Zone (AHO)(Section 17.42.020(L))” to clarify that such use is only allowed in the CC district within the AHO.
• Add a parking requirement of two enclosed and two unenclosed parking spaces for a single-family residence to MMC Section 17.48.030. Specific parking requirements and LIP 3.14.3. Specific Parking Requirements. A parking space requirement for a single-family residence was inadvertently removed from prior LIP and MMC amendments. The requirement for two enclosed and unenclosed spaces for a single-family residence is consistent with LIP Section 3.3(Q)(4)(a)(vi) for the PD district and MMC 17.39.040(A)(6)(A) for the PD district.

ENVIRONMENTAL REVIEW: The proposed 2021-2029 Housing Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, because the Housing Element would involve adoption of a policy document which does not, in and of itself, include any proposed development, and would not require rezoning or facilitate development beyond what is currently allowed in the City’s General Plan, it can therefore be seen with certainty that there is no possibility that the adoption of the 2021- 2029 Housing Element update would have a significant effect on the environment.

Pursuant to Public Resources Code Section 21080.9, California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application includes amendments to the LCP, which must be certified by the California Coastal Commission (CCC) before it takes effect. The LIP Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance.

This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

ATTACHMENTS:

1. Resolution No. 24-48 with Attachment A – 2021-2029 Housing Element

2. Resolution No. 24-49 (LUP Amendment)

3. Ordinance No. 523

4. HCD Compliance Letter

5. Housing Element Redline

6. LCP and MMC Redlines

7. Notice of Public Hearing
21 Attachment 1
RESOLUTION NO. 24-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ADOPTING GENERAL PLAN AMENDMENT NO. 20-001 ADOPTING THE 2021-2029 HOUSING ELEMENT RELATIVE TO THE PROVISION OF

HOUSING FOR ALL INCOME LEVELS CONSISTENT WITH ALL

APPLICABLE STATE HOUSING ELEMENT LAWS
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The State of California requires every municipality to periodically update the Housing Element of its General Plan to review the housing needs of the community and revise its policies, programs and objectives to address those needs. Jurisdictions such as the City of Malibu that are within the Southern California Association of Governments region are required to update their Housing Elements for the 6th planning cycle, which covers the 2021-2029 planning period.

B. The 2021-2029 Housing Element establishes goals, policies and objectives/programs that address the provision of adequate, safe, and decent housing for all economic segments of the community.

C. On June 23, 2021, the City of Malibu conducted a public workshop to review Housing Element requirements and issues.

D. On July 22, 2021, the Malibu Planning Commission conducted a study session to review the draft 2021-2029 Housing Element. Public notice of the workshop was provided to interested parties; regional, state and federal agencies; and local libraries and media.

E. On August 23, 2021, the Malibu City Council conducted a public workshop to review the draft 2021-2029 Housing Element. Public notice of the workshop was provided to interested parties; regional, state and federal agencies; and local libraries and media.

F. On August 24, 2021, the Draft 2021-2029 Housing Element was transmitted to the California Department of Housing and Community Development (HCD) for review as required by state law.

G. On October 22, 2021, HCD issued a letter finding that the Draft 2021-2029 Housing Element meets many statutory requirements of State Housing Element Law, however, revisions are necessary to comply with State Housing Element Law.

H. On November 15, 2021, the Planning Commission held a duly noticed public hearing on the revised draft 2021-2029 Housing Element and adopted Resolution No. 21-77 recommending adoption to the City Council. Public notice of the hearing was provided to interested parties; regional, state and federal agencies; and local libraries and media.

I. On January 10, 2022, the City Council held a duly noticed public hearing on the General Plan Amendment and adopted Resolution No. 22-67 adopting the Revised Draft 2021-2029 Housing 22 Resolution No 24-48

Page 2 of 6 ends

______________________
Element Update. Public notice of the workshop was provided to interested parties; regional, state and federal agencies; and local libraries and media.

J. On January 21, 2022, the Draft 2021-2029 Housing Element amendment was transmitted to the HCD for review as required by state law.

K. On March 22, 2022, HCD issued a letter finding that the Draft 2021-2029 Housing Element meets many statutory requirements of State Housing Element Law, however, revisions are necessary to comply with State Housing Element Law.

L. On May 19, 2023, the City of Malibu received a "Failure to Adopt Compliant 6th Cycle Housing Element - Letter of Inquiry" from HCD.

M. On June 7, 2023, the City of Malibu issued a letter to HCD in response to the May 19, 2023 letter which provided a timeline for the City's adoption of an updated 2021-2029 Housing Element.

N. On July 20, 2023, the City of Malibu received a second "Failure to Adopt Compliant 6th Cycle Housing Element - Letter of Inquiry."
O. On September 23, 2023, the City entered into an agreement with Rincon Consultants, Inc. to assist the City in addressing HCD’s comments to the 6th Cycle Housing Element Update when the previous consultant due to workload and planned retirement terminated his agreement with the City.

P. On January 17, 2024, the City Council held a study session to review the Housing Element requirements including needed code amendments.

Q. On February 7, 2024, the Draft 2021-2029 Housing Element amendment was transmitted to HCD for review as required by state law.

R. On March 22, 2024, HCD issued a letter finding that the Draft 2021-2029 Housing Element meets many statutory requirements of State Housing Element Law, however, revisions are necessary to comply with State Housing Element Law.

S. On April 22, 2024, the City entered into a stipulated judgment with HCD with deadlines to approve the 2021-2029 Housing Element and related code amendments by September 23, 2024.

T. The stipulated judgment further provided that prior to second reading of the MMC and LCP amendments, the adopted Housing Element and code amendments must be submitted to HCD by October 4, 2024; on October 14, 2024, the City Council must conduct the second reading of, and adopt, the MMC and LCP amendments; and by October 18, 2024 the City must submit the code amendments to HCD along with evidence that any required LCP amendments were transmitted to the California Coastal Commission for its review and certification.
23 Resolution No 24-48

Page 3 of 6 ends

______________________
U. On April 29, 2024, the City posted the revised Draft 2021-2029 Housing Element for a 7-day public review.

V. On May 7, 2024, the Draft 2021-2029 Housing Element amendment was transmitted to HCD for review as required by state law.

W. On June 21, 2024, HCD issued a letter finding that the Draft 2021-2029 Housing Element meets many statutory requirements of State Housing Element Law, however, revisions are necessary to comply with State Housing Element Law.

X. On July 19, 2024, the City posted the revised Draft 2021-2029 Housing Element for a 7-day public review.

Y. On July 25, 2024, a Notice of Public Hearing and Notice of Availability of Local Coastal Program (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties, regional, state and federal agencies; and local libraries and media.

Z. On July 29, 2024, the Draft 2021-2029 Housing Element amendment was transmitted to HCD for review as required by state law.

AA. On July 31, 2024, the City received a letter from HCD finding the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.).

The housing element will comply with State Housing Element Law when any necessary rezoning is complete and the element is re-adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585. No rezoning is required as part of the revised Housing Element.

BB. On August 19, 2024, the Planning Commission held a duly noticed public hearing on the General Plan amendment, Local Coastal Program amendment, and Zoning Text amendment, and at that hearing the Planning Commission reviewed and considered the comments of the HCD, the draft Housing Element as revised to address HCD comments, the amendments to the Local Coastal Program LIP and LUP and Title 17 of the MMC as required to implement the goals, objectives, policies and implementation programs as set forth in the Housing Element, CEQA findings, the staff report, public testimony, and other information in the record.

CC. On August 29, 2024, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties, regional, state and federal agencies; and local libraries and media.

DD. On September 23, 2024, the City Council held a duly noticed public hearing on the General Plan amendment, and reviewed and considered the comments of the HCD, the draft Housing Element as revised to address HCD comments, and corollary code amendments as required to implement the goals, objectives, policies and implementation programs as set forth in the Housing 24 Resolution No 24-48

Page 4 of 6 ends

______________________
Element. The City Council reviewed and considered the staff report, public testimony, and other information in the record.

SECTION 2. Environmental Review.

The City Council hereby finds as follows:

A. The 2021-2029 Housing Element update (attached hereto as “EXHIBIT A”) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states the commonsense rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The 2021-2029 Housing Element would not approve any development project and does not propose any new policies or programs that would substantially change any land use or portend new development that was not already anticipated in the City’s previous Housing Element. It can therefore be seen with certainty that there is no possibility that the adoption of the 2021-2029 Housing Element update would have a significant effect on the environment.

B. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the State of California Fish and Game Code.

C. The proposed Housing Element update is consistent with the provisions of the Malibu General Plan, Malibu Municipal Code (MMC), Local Coastal Program, and all other applicable programs.

SECTION 3. General Plan Amendment Housing Element.

The revised 2021-2029 Housing Element Update is provided in Exhibit A. GPA No. 20-001 constitutes a complete deletion of the existing text in the General Plan Housing Element and replacement of it with new text.

SECTION 4. General Plan Amendment Findings.

A. The Housing Element is part of the City’s General Plan, which sets forth guiding policies for future development. The requirement for each city to adopt a General Plan is contained in California Government Code Section 65300 et seq., which also lays out specific requirements for each element. The Housing Element provides an overarching statement of City policies and programs to maintain and improve existing housing, and also accommodates the City’s assigned share of the region’s future housing needs. Among the requirements in California Government Code Section 65580 et seq. for Housing Elements are the following:

1. Ensure adequate sites for new housing for persons of all income levels;

2. Encourage and facilitate the development of affordable housing;

3. Conserve and improve the existing affordable housing stock;

4. Analyze and remove governmental constraints on new housing development; 25 Resolution No 24-48

Page 5 of 6 ends

______________________

5. Promote equal housing opportunities;

6. Preserve assisted housing; and

7. Affirmatively further fair housing.

The 2021-2029 Housing Element meets each of the aforementioned requirements and, therefore, would be consistent with State law.

B. The 2021-2029 Housing Element is consistent with the goals and policies of the General Plan and all its elements, including General Plan LU Objective 1.1: Development that does not degrade the environment, and LU Policy 1.1.1: The City shall protect the natural environment by regulating design and permitting only land uses compatible with the natural environment.

SECTION 5. Adoption of General Plan Amendment.

The City Council hereby adopts General Plan Amendment No. 20-001 (2021-2029 Housing Element Update), attached hereto as Exhibit A, amending the General Plan Housing Element in its entirety. The City Council further finds that General Plan Amendment No.20-001 is consistent with State law.

SECTION 6. Submittal to the State of California Department of Housing and Community Development.

The City Manager or designee is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification.

SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 23rd day of September 2024.

_____________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
26 Resolution No 24-48

Page 6 of 6 ends

______________________
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
27 August/September 2024 Submittal to the California
Department of Housing and Community Development

CITY OF MALIBU
2021-2029
Housing Element
Attachment 1A
28 This page intentionally left blank.
29 City of Malibu 2021-2029 Housing Element Contents
i August/September 2024
Contents

7.0 Housing Element.........................................................................................................7-1

7.1 Introduction ................................................................................................................7-1

7.1.1 Purpose of the Housing Element ...................................................................7-1

7.1.2 Organization of the Housing Element...........................................................7-2

7.1.3 Public Participation ........................................................................................7-3

7.1.4 Consistency with Other Elements of the General Plan................................7-3

7.1.5 Data Sources and Methods...........................................................................7-4

7.2 Housing Needs Assessment .................................................................................... 7.2-1

7.2.1 Population Characteristics.......................................................................... 7.2-1

7.2.1(a) Population Growth Trends........................................................... 7.2-1

7.2.1(b) Age ............................................................................................... 7.2-2

7.2.2 Household Characteristics.......................................................................... 7.2-3

7.2.2(a) Household Composition and Size............................................... 7.2-3

7.2.2(b) Housing Tenure and Vacancy.................................................... 7.2-3

7.2.2(c) Overcrowding .............................................................................. 7.2-4

7.2.2(d) Overpayment .............................................................................. 7.2-5

7.2.3 Employment................................................................................................. 7.2-7

7.2.4 Housing Stock Characteristics .................................................................... 7.2-9

7.2.4(a) Housing Type and Vacancy ....................................................... 7.2-9

7.2.4(b) Housing Age and Conditions.................................................... 7.2-10

7.2.4(c) Housing Cost .............................................................................. 7.2-11

7.2.5 Special Needs............................................................................................ 7.2-14

7.2.5(a) Persons with Disabilities.............................................................. 7.2-14

7.2.5(b) Elderly.......................................................................................... 7.2-17

7.2.5(c) Large Households ...................................................................... 7.2-18

7.2.5(d) Female-Headed Households.................................................... 7.2-19

7.2.5(e) Farmworkers............................................................................... 7.2-20

7.2.5(f) Homeless Persons....................................................................... 7.2-20

7.2.6 Assisted Housing at Risk of Conversion..................................................... 7.2-23

7.2.7 Housing Constructed, Demolished or Converted within the Coastal Zone.............................................................................................. 7.2-23

7.2.8 Future Housing Needs ............................................................................... 7.2-24

7.2.8(a) Overview of the Regional Housing Needs Assessment (RHNA)........................................................................................ 7.2-24

7.2.8(b) 2021-2029 Housing Needs ......................................................... 7.2-24 30 City of Malibu 2021-2029 Housing Element Contents
ii August/September 2024

7.2.9 Financial and Administrative Resources.................................................. 7.2-25

7.2.9(a) State and Federal Resources.................................................... 7.2-25

7.2.9(b) Local Resources......................................................................... 7.2-25

7.3 Resources and Opportunities................................................................................. 7.3-1

7.3.1 Land Resources............................................................................................ 7.3-1

7.3.1(a) Inventory of Sites for Housing Development.............................. 7.3-1

7.3.1(b) Infrastructure Capacity ............................................................... 7.3-1

7.3.1(c) Environmental Constraints .......................................................... 7.3-2

7.3.2 State and Federal Resources ..................................................................... 7.3-2

7.3.3 Energy Conservation Opportunities........................................................... 7.3-2

7.4 Constraints............................................................................................................... 7.4-1

7.4.1 Governmental Constraints.......................................................................... 7.4-1

7.4.1(a) Land Use Plans and Regulations................................................. 7.4-1

7.4.1(b) Development Processing Procedures...................................... 7.4-23

7.4.1(c) Development Fees and Improvement Requirements............ 7.4-30

7.4.2 Non-Governmental Constraints ............................................................... 7.4-35

7.4.2(a) Environmental Constraints ........................................................ 7.4-35

7.4.2(b) Infrastructure Constraints .......................................................... 7.4-36

7.4.2(c) Cost and Availability of Financing ........................................... 7.4-39

7.4.2(d) Developer Timing....................................................................... 7.4-39

7.4.2(e) Ability to Develop at Density Potential .................................... 7.4-39

7.5 Housing Plan ............................................................................................................ 7.5-1

7.5.1 Goals, Objectives, Policies, and Implementation Programs.................... 7.5-1

7.5.2 Quantified Objectives............................................................................... 7.5-24 List of Tables
Table 7.2-1 Population Trends 2000-2020 Malibu vs. SCAG Region........................... 7.2-2 Table 7.2-2 Population by Age and Gender Malibu .................................................. 7.2-2 Table 7.2-3 Household Size - Malibu............................................................................. 7.2-3 Table 7.2-4 Household Tenure ...................................................................................... 7.2-4 Table 7.2-5 Overcrowding by Tenure – Malibu vs. SCAG Region.............................. 7.2-4 Table 7.2-6 Overpayment by Income Category and Tenure – Malibu .................... 7.2-5 Table 7.2-7 Extremely-Low-Income Households by Race and Tenure – Malibu....... 7.2-6 Table 7.2-8 Employment by Occupation – Malibu vs. SCAG Region ....................... 7.2-8 Table 7.2-9 Employment by Industry – Malibu............................................................. 7.2-8 Table 7.2-10 Housing by Type – Malibu vs. SCAG Region ............................................ 7.2-9 Table 7.2-11 Vacant Housing by Type – Malibu vs. SCAG Region ............................ 7.2-10 Table 7.2-12 Age of Housing Stock – Malibu vs. SCAG Region.................................. 7.2-10 31 City of Malibu 2021-2029 Housing Element Contents
iii August/September 2024
Table 7.2-13 Income Categories and Affordable Housing Costs – Los Angeles County ...................................................................................................... 7.2-12 Table 7.2-14 Median Sales Price for Existing Homes – Malibu vs. SCAG Region....... 7.2-13 Table 7.2-15 Percentage of Income Spent on Rent – Malibu.................................... 7.2-13 Table 7.2-16 Disabilities by Type – Malibu.................................................................... 7.2-14 Table 7.2-17 Disabilities by Type for Seniors 65+ – Malibu vs. SCAG Region ............. 7.2-15 Table 7.2-18 Disabilities by Employment Status – Malibu............................................ 7.2-15 Table 7.2-19 Elderly Households by Tenure – Malibu .................................................. 7.2-18 Table 7.2-20 Female Headed Households – Malibu ................................................... 7.2-20 Table 7.2-21 Malibu Coastal Zone Housing Units – 1982-2020.................................... 7.2-24 Table 7.2-22 Regional Housing Needs - Malibu........................................................... 7.2-25 Table 7.3-1 Sites Inventory Summary............................................................................ 7.3-1 Table 7.4-1 Residential Land Use Categories – Malibu General Plan........................ 7.4-1 Table 7.4-2 Residential Development Standards........................................................ 7.4-7 Table 7.4-3 Permitted Residential Development by Zoning District........................... 7.4-8 Table 7.4-4 AHO District Sites ........................................................................................ 7.4-9 Table 7.4-5 Residential Parking Requirements........................................................... 7.4-18 Table 7.4-6 Permit Processing Steps ........................................................................... 7.4-29 Table 7.4-7 Planning and Development Fees........................................................... 7.4-31 Table 7.4-8 Planning and Development Fee Example Single-Family Development ........................................................................................... 7.4-32 Table 7.4-9 Planning and Development Fee Example Multi-Family Development ........................................................................................... 7.4-33 Table 7.5-1 Quantified Objectives 2021-2029 ............................................................ 7.5-24 List of Figures
Figure 7.4-1 Commercial General and Institutional Zones........................................ 7.4-19 Appendices
Appendix A Evaluation of the Previous Housing Element
Appendix B Residential Land Inventory
Appendix C Public Participation Summary
Appendix D List of Acronyms
Appendix E Contributing Factors to Fair Housing Issues
Appendix F Affirmatively Furthering Fair Housing (AFFH) 32 City of Malibu 2021-2029 Housing Element Contents
iv August/September 2024
This page intentionally left blank.
33 City of Malibu 2021-2029 Housing Element 7.1 Introduction 7-1 August/September 2024

7.0 Housing Element

7.1 Introduction
State law requires the preparation of a Housing Element (“Element”) as part of a jurisdiction's General Plan (California Government Code §65302(c)). The Element is to consist of an identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives and scheduled programs for the preservation, improvement and development of housing in the City of Malibu (“City”).

The Element shall also identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community (§65583).

Guidelines adopted by the California Department of Housing and Community Development (“HCD”) are also to be considered in the preparation of the Element (§65585). Periodic review of the Element is required to evaluate: (1) the appropriateness of its goals, objectives and policies in contributing to the attainment of the state housing goal; (2) the effectiveness in attaining the community’s housing goals and objectives; and (3) the progress of the City in implementation of the Element (§65588).

7.1.1 Purpose of the Housing Element
State law recognizes the vital role that local governments play in the supply and affordability of housing. Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the city or county. The Housing Element is one of the seven mandated elements of the General Plan. Housing Element law, first enacted in 1969, mandates that local governments plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that, in order for the private market to adequately address housing needs, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in California rests largely upon the effective implementation of local General Plans and, in particular, local Housing Elements. Housing Element law also requires that HCD review local housing elements for compliance with State law and to report its written findings to the local government.

As mandated by State law, the planning period for this Housing Element extends from 2021 to 2029. This Element identifies strategies and programs that focus on: 1) providing diversity in housing opportunities; and 2) maintenance and preservation of the City’s housing stock.

The Housing Element consists of the following major components:
• Identification and analysis of existing and projected housing needs, resources, and constraints
• A statement of goals, policies, quantified objectives, and scheduled programs for preservation, improvement, and development of housing
• Identification of adequate sites for housing
• Assessment of the City’s fair housing issues
34 City of Malibu 2021-2029 Housing Element 7.1 Introduction 7-2 August/September 2024
• Adequate provision for existing and projected needs of all economic segments of the community
The Housing Element assists Malibu in determining how to address existing and future housing needs and plan for future growth. Housing policies and actions contained in the Housing Element do not commit the City to construct new housing units, but they do identify ways in which Malibu will encourage development of housing intended to meet the housing needs of current and future residents during the Housing Element update planning period.

7.1.2 Organization of the Housing Element
Per California Government Code Sections 65580-65589, the Housing Element is comprised of the following components:
• Section 7.1 – Introduction. This section provides a brief overview of the purpose and background for the Housing Element and a summary of the document. • Section 7.2 – Housing Needs Assessment. This section reviews the existing and projected housing needs of the community. It provides a profile of sociodemographic information, such as population characteristics, household information, housing stock, tenure, and housing affordability. The assessment also considers local special housing needs, such as seniors, farmworkers, persons at risk of or experiencing homelessness, large households, and female-headed households.
• Section 7.3 – Resources and Opportunities. This section provides resources and an inventory of adequate sites that are suitably zoned and available within the planning period to meet the jurisdiction’s fair share of regional housing needs across all income levels.
• Section 7.4 – Governmental and Nongovernmental Constraints: This section identifies and analyzes impediments to housing production across all income levels.
• Section 7.5 – Housing Plan. This section provides a statement of the community’s goals, quantified objectives, and policies to maintain, preserve, improve, and develop housing. It also provides a schedule of actions the City will take during the planning period to achieve its goals, objectives, and policies. The Housing Plan includes quantified objectives for new construction, rehabilitation, and conserved units.
• Appendix A – Review of the previous Housing Element. This section reviews the goals, policies, and programs of the 5th cycle Housing Element and compares projected outcomes with actual achieved results.
• Appendix B – Residential Land Inventory. This section is a detailed inventory of sites suitable for the development of housing to meet the RHNA. • Appendix C – Public Participation Summary. This section provides a summary of the City’s public outreach conducted during the preparation and adoption of this Housing Element and a description of how the input from that outreach informed the development of the Hosuing Element.
35 City of Malibu 2021-2029 Housing Element 7.1 Introduction 7-3 August/September 2024
• Appendix D – List of Acronyms. This is a list of acronyms used in the Housing Element.
• Appendix E – Contributing Factors to Fair Housing. This section provides a summary of the regional Analysis of Impediments to Fair Housing for Los Angeles County. • Appendix F – Fair Housing Assessment. This section provides an analysis of contributing factors that may limit fair housing choice and access to opportunities in Malibu.

7.1.3 Public Participation
Section 65583(c)(5) of the California Government Code states that “[t]he local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.” Public participation played an important role in the formulation and refinement of the City’s housing goals and policies, and in the development of a Site Inventory that meets the City’s RHNA.

Residents and other stakeholders had many opportunities to review and provide comments on the Housing Element and related implementation actions. Please refer to Appendix C for additional information regarding the City’s efforts to encourage public involvement and how comments and concerns have been addressed.

7.1.4 Consistency with Other Elements of the General Plan The City’s General Plan sets forth broad policy guidance in the areas of land use, housing, transportation, conservation, open space and recreation, noise, and public safety. The various General Plan elements provide a consistent set of policies and programs intended to preserve and enhance the quality of life, while accommodating growth and change in a proactive manner. For example, residential development capacities established in the Land Use Element, and constraints to development identified in the Conservation, Public Safety, and Noise Elements, are reflected in the Housing Element.

This Housing Element builds upon the other General Plan elements and is consistent with the policies and proposals set forth by the General Plan. As the General Plan is occasionally amended, the City will review the Housing Element for internal consistency and make any necessary revisions.

Senate Bill (SB) 1087 of 20051 requires cities to provide a copy of their Housing Element to local water and sewer providers, and also requires that these agencies provide priority to affordable housing developers. SB 1087 further prohibits local water and sewer providers from denying services to affordable housing developers, unless they find that the capacity is unavailable to all applicants. The Housing Element will be provided to these agencies immediately upon adoption.
1 SB 1087 (Florez) [Stats. 2005, ch. 727].
36 City of Malibu 2021-2029 Housing Element 7.1 Introduction 7-4 August/September 2024

7.1.5 Data Sources and Methods
Data from a variety of sources is used to complete the Housing Element. The most cited source is the U.S. Census, which provides consistent demographic characteristics. The American Community Survey, a feature of the U.S. Census, provides five-year estimates on population and demographic characteristics. Other data sources include the following:
• California Department of Housing and Community Development (HCD) • California Housing Finance Agency
• California Tax Credit Allocation Committee
• Comprehensive Housing Affordability Strategy (CHAS)
• California Department of Finance (DOF)
• Home Mortgage Disclosure Act (HMDA) lending data
• Regional Homeless Point-in-Time Count
• State Employment Development Department (EDD) data on wage and labor statistics
• United States Department of Housing and Urban Development (HUD) • California Healthy Places Index
37 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-1 August/September 2024

7.2 Housing Needs Assessment
The City of Malibu (“City”) lies within an approximately 21-mile strip of coastline at the western edge of Los Angeles County (“County”). Malibu is primarily a residential community consisting of beachfront residential lots and large estate lots in the hillsides and canyons overlooking the ocean. Some multi-family development and neighborhood/visitor-serving commercial development is located in the flatter portions of the City along Highway 1 (Pacific Coast Highway). The City has a scenic rural character that it seeks to preserve. Development within the City is constrained by numerous land features including steep slopes, environmentally sensitive habitat areas (ESHAs), geologic instability, flood hazards, and extreme wildfire hazards. The entire City lies within the Coastal Zone as defined by the California Coastal Act of 19761. Because of these constraints, a large portion of the City remains undeveloped and rural in character. Growth is also severely limited by the lack of a centralized sewer system.

Since its incorporation in 1991, the City has declined in population from approximately 11,700 to 11,537 residents in 2021, according to recent California Department of Finance estimates. The City is approximately 19.9 square miles in area and is bounded by unincorporated County areas to the west and north, the City of Los Angeles (Pacific Palisades) to the east and the Pacific Ocean to the south. Further to the east is the City of Santa Monica. The Santa Monica Mountains National Recreation Area lies just to the north.

This section examines general population and household characteristics and trends, such as age, employment, household composition and size, household income, and special needs. Characteristics of the existing housing stock (e.g., number of units and type, tenure, age and condition, costs) are also addressed. Finally, the City’s projected housing needs based on the 2021-2029 Regional Housing Needs Assessment (RHNA) are discussed.

The Housing Needs Assessment utilizes recent data from the U.S. Census, the California Department of Finance (DOF), the California Employment Development Department (EDD), the Southern California Association of Governments (SCAG), and other relevant sources.

7.2.1 Population Characteristics

7.2.1(a) Population Growth Trends
In 1990, the unincorporated community of Malibu had a population of 11,643. The City of Malibu was incorporated on March 28, 1991. From 1990 to 2000, the population of the newly incorporated City grew by about 8% to 12,575. From 2000 to 2020 the City’s population declined by about 855 persons (see Table 7.2-1). Malibu has a 2020 total population of 11,720 including 141 living in group quarters according to the California Department of Finance.
1 California Public Resources Code, Division 20.
38 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-2 August/September 2024
Table 7.2-1
Population Trends 2000-2020
Malibu vs. SCAG Region

7.2.1(b) Age
Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table 7.2-2 shows that the population of Malibu is 49% male and 51% female. The share of the population of Malibu under 18 years of age is 15.3%, which is lower than the regional share of 23.4%. Malibu's seniors (65 and above) make up 24.2% of the population, which is higher than the regional share of 13%.

Table 7.2-2
Population by Age and Gender
Malibu
39 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-3 August/September 2024

7.2.2 Household Characteristics

7.2.2(a) Household Composition and Size
Household characteristics are important indicators of the type and size of housing needed in a city. The Census defines a “household” as all persons occupying a housing unit, which may include single persons living alone, families related through marriage or blood, or unrelated persons sharing a single unit. Persons in group quarters such as dormitories, retirement or convalescent homes, or other group living situations are included in population totals, but are not considered households by the Census Bureau.

Table 7.2-3 illustrates the range of household sizes in Malibu for owners, renters, and overall. The most commonly occurring household size is of two people (40.4%) and the second-most commonly occurring household is of one person (33.2%). Malibu has a higher share of single-person households than the SCAG region overall (33.2% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (0.6% vs. 3.1%).

Table 7.2-3
Household Size - Malibu

7.2.2(b) Housing Tenure and Vacancy
Housing tenure (owner versus renter) is an important indicator of the housing market.

Communities need an adequate supply of units available both for rent and for sale in order to accommodate a range of households with varying income, family size and composition, and lifestyle. As shown in Table 7.2-4, Malibu's housing stock consists of 5,769 total units, 4,222 of which are owner-occupied and 1,547 of which are renter-occupied.

The share of renters in Malibu is lower than in the SCAG region overall. 40 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-4 August/September 2024
Table 7.2-4
Household Tenure

7.2.2(c) Overcrowding
Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be overcrowded when there is more than one person per room, excluding bathrooms and kitchens, with severe overcrowding when there are more than 1.5 occupants per room. Table 7.2-5 summarizes overcrowding for the City of Malibu. In Malibu, 39 owner-occupied and 65 renter-occupied households had more than 1.0 occupants per room, which meets the ACS definition for overcrowding. 10 owner-occupied households and renter-occupied households had more than 1.5 occupants per room, which meets the ACS definition for severe overcrowding.

Table 7.2-5
Overcrowding by Tenure – Malibu vs. SCAG Region
41 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-5 August/September 2024
The high cost of housing in Malibu is the primary cause of overcrowding. Several programs in the Housing Plan (Section 7.5) that are designed to address housing affordability will also help to alleviate overcrowding. These programs include: Program 1.1 – Code Enforcement; Program 1.3 – Housing Rehabilitation Assistance; Program 1.4 – Preservation of Existing Mobile Home Parks; Program 1.5 – Monitor Affordable Housing At Risk of Conversion to Market Rate; Program 2.1 – Ensure Adequate Sites to Accommodate Regional Fair Share of Housing Growth; Program 2.4 – Support the Development of Variety of Housing Types; Program 4.1 – Support Development of Accessory Dwelling Units; Program 3.1 – Facilitate Affordable Housing Development and Housing Assistance Opportunities; and Program 5.2 – Fair Housing Community Outreach.

7.2.2(d) Overpayment
According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Overpayment for lower-income homeowners can lead to deferred maintenance or repairs due to limited funds, which can lead to deterioration.

For lower-income renters, severe cost burden can require families to double up resulting in overcrowding. As shown in Table 7.2-6, the majority of lower-income households, both owners and renters, in Malibu are paying over 50% of their gross incomes for housing.

Table 7.2-6
Overpayment by Income Category and Tenure – Malibu
42 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-6 August/September 2024
The high cost of housing in Malibu is the primary cause of overpayment for lower-income households. Several programs in the Housing Plan designed to address housing affordability will also help to alleviate overpayment. These programs include Program 1.1 – Code Enforcement; Program 1.3 – Housing Rehabilitation Assistance; Program 1.4 – Preservation of Existing Mobile Home Parks; Program 1.5 – Monitor Affordable Housing At Risk of Conversion to Market Rate; Program 2.1 – Adequate Sites to Accommodate Regional Fair Share of Housing Growth; Program 4.1 Support Development of Accessory Dwelling Units; Program 3.1 – Facilitate Affordable Housing Development and Housing Assistance Opportunities; and Program 5.2 – Fair Housing Community Outreach.

Extremely-Low-Income Households
Extremely-low-income (ELI) is defined as household income less than 30% of area median income. Households with extremely low incomes have a variety of housing problems and needs.

According to ACS data reported by SCAG (Table 7.2-7) the race/ethnicity with the highest share of extremely-low-income households in Malibu is Asian and other, nonHispanic (47% compared to 13% of the total population). In the SCAG region, the highest share of extremely-low-income households is Black, non-Hispanic (27.1% compared to

17.7% of total households).

As shown previously in Table 7.2-6, ELI households (both owners and renters) experience much higher rates of overpayment than households at higher income levels.

Table 7.2-7
Extremely-Low-Income Households by Race and Tenure – Malibu A disproportionately high percentage of elderly households (family households with two or more persons aged 62 years old or older and non-family householders aged 62 years old or older) are ELI households. According to 2012-2016 ACS estimates, approximately 43 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-7 August/September 2024
37% of ELI households (270 households) in Malibu are elderly but only 28% of the population are elderly. However, it is likely not all elderly ELI households in Malibu are experiencing housing problems or in need of financial assistance. Some ELI households are homeowners with paid or low mortgages and are retired; therefore, they do not have a high annual income as reflected in the HUD data.

Resources for Extremely-Low-Income Households
Many extremely low-income households seek rental housing and may face cost burden, overcrowding, or substandard housing conditions. Some extremely low-income households could have physical or mental disabilities and/or other special needs. ELI households may require specific housing solutions such as deeper income targeting for subsidies, housing with supportive services, single-room occupancy, or rent subsidies. As shown in Table 7.2-7, there are 725 ELI households in Malibu, of which 325 are renters.

There are no subsidized low-income housing units in the city. Affordable housing opportunities for ELI households can be expanded for households through the Los Angeles County Development Authority Section 8 Housing Choice Voucher (HCV) program. As of 2023, one household in Malibu receives an HCV from the Los Angeles County Development Authority and two households are on the waiting list. This meets the housing needs of less than one percent of the city’s 325 households that are ELI renters.

Housing Plan Program 3.1 describes actions the City will take to promote the use of HCVs.

Additional resources for ELI households include senior housing and transitional and supportive housing, which are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Supportive housing is permitted in all residential zones, except for the Mobilehome Residential District, which is designated for mobile home parks. The City will also support the development of affordable housing (Housing Plan Program 3.1), provide financial assistance for housing repairs (Housing Plan Program 1.3), and support services for special housing needs populations such as seniors, persons with disabilities, and persons experiencing homelessness (Housing Plan Program 3.3).

Past Actions for Housing for Extremely-Low-Income Households In 2016, the City issued a grant to the Malibu Task Force on Homelessness (MTFH) to bring professional services to Malibu's homeless population, and through this effort successfully moved 72 homeless residents into permanent housing. Although this program has assisted ELI residents who are experiencing homelessness, additional actions are needed to support ELI residents at risk of homelessness or who are experiencing housing problems.

7.2.3 Employment
Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford.

According to recent Census data (Table 7.2-8) Malibu has 6,393 workers living within its borders who work across 13 major industrial sectors. The most prevalent industry is Professional Services with 1,419 employees (22.2% of total) and the second most prevalent industry is Education & Social Services with 1,314 employees (20.6% of total). 44 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-8 August/September 2024
Table 7.2-8
Employment by Occupation – Malibu vs. SCAG Region
Table 7.2-9 shows employment by industry for Malibu’s workforce. The most prevalent occupational category in Malibu is Management, in which 4,291 (67.1% of total) employees work. The second-most prevalent type of work is in Sales, which employs 1,109 (17.3% of total) in Malibu. In high-cost areas like Malibu accessory dwelling units provide an important option for low-wage workers, such as caregivers and other household employees. Program 4.1 in the Housing Plan describes the City’s strategy for expanding the availability of accessory dwelling units.

Table 7.2-9
Employment by Industry – Malibu
45 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-9 August/September 2024

7.2.4 Housing Stock Characteristics
This section presents an evaluation of the community’s housing stock and helps in identifying and prioritizing needs. The factors evaluated include the type of housing units, vacancy rates, age and condition, tenure, housing costs and affordability. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.

7.2.4(a) Housing Type and Vacancy
According to recent Census data, the housing stock in the City was comprised mostly of single-family detached homes, which made up about 68% of all units, while multi-family units comprised about 24% of the total. Mobile home units comprised about 8% of the total (Table 7.2-10).

Table 7.2-10
Housing by Type –
Malibu vs. SCAG Region
Recent Census estimates (Table 7.2-11) reported a 24.1% total vacancy rate in Malibu, with the most prevalent type of vacancy being units held for seasonal use (i.e., second homes).
46 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-10 August/September 2024
Table 7.2-11
Vacant Housing by Type –
Malibu vs. SCAG Region

7.2.4(b) Housing Age and Conditions
Housing age is often an important indicator of housing conditions. Housing units built prior to 1978, before stringent limits on the amount of lead in paint were imposed, may have interior or exterior building components coated with lead-based paint. Table 7.2-12 shows the age distribution of the housing stock in the City compared to the SCAG region as a whole.

This table shows that about 79% of the units in the City were constructed prior to 1990.

These units are more than 30 years old and may have some need for rehabilitation, which is typical of most jurisdictions in Southern California.

Table 7.2-12
Age of Housing Stock – Malibu vs. SCAG Region
47 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-11 August/September 2024
In general, the quality of housing is exceptional in the City. At a minimum, most dwelling units are well-maintained, especially with respect to the harsh environmental conditions to which they are subject. There are areas where older housing units exist, such as along Pacific Coast Highway in the eastern portion of the City. However, even these units are maintained due to high property values. The Building & Safety Division estimates that approximately 10 housing units are in need of rehabilitation and four housing units are beyond the point of repair citywide. This estimate does not include the estimated 500 housing units that were destroyed in the 2018 Woolsey fire.2 Since the Woolsey fire,
approximately 144 single-family homes and 12 multi-family housing units have been rebuilt. The City has issued permits for reconstruction of an additional 272 single-family homes and 6 multi-family housing units that have not yet been completed.3 Concentrated areas of substandard housing in Malibu are in in the eastern part of the city, mainly east of Malibu Canyon Road and along the Pacific Coast Highway near Topanga Canyon.

A goal of the City’s Building & Safety Division as well as Code Enforcement staff is to proactively address housing concerns before they become serious problems. Staff has helped to reduce structural deterioration by identifying problems and informing residents of programs to assist with improvements. In addition, the City addresses issues related to lead-based paint and asbestos removal through adding standard conditions of approval to include Best Management Practices for all projects that include the demolition or remodeling of older structures.

7.2.4(c) Housing Cost
Housing Affordability Criteria
State law establishes five income categories for purposes of housing programs based on the County’s area median income (“AMI”): extremely-low (30% or less of AMI), very-low (31-50% of AMI), low (51-80% of AMI), moderate (81-120% of AMI) and above-moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to the U.S. Department of Housing and Urban Development (“HUD”) and the California Department of Housing and Community Development (“HCD”), housing is considered “affordable” if the monthly payment is no more than 30% of a household’s gross income. In some areas (such as Los Angeles County), these income limits may be increased to adjust for high housing costs.

Table 7.2-13 shows affordable rent levels and estimated affordable purchase prices for housing in Los Angeles County4 by income category. Based on State standards, the maximum affordable monthly rent for extremely-low-income households is $886, while the maximum affordable rent for very-low-income households is $1,478. The maximum affordable rent for low-income households is $2,365, while the maximum for moderateincome households is $2,400. 2 City of Malibu. 2020. City of Malibu Marks Annual Day of Preparedness and the Two-Year Anniversary of the Devastating Woolsey Fire with Community Emergency Preparedness Competition. https://www.malibucity.org/DocumentCenter/View/27058/11-09- 2020_Woolsey2Year_PreparednessCompetition_PressRelease?bidId= 3 City of Malibu. 2023. Rebuilt Statistics. https://malibupermits.ci.malibu.ca.us/WoolseyRebuildStats.aspx# 4 Affordable rent and purchase prices are based on the county median income. 48 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-12 August/September 2024
Maximum purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner association fees, property insurance rates, etc. With this caveat, the maximum home purchase prices by income category shown in Table 7.2-13 have been estimated based on current conditions.

Table 7.2-13
Income Categories and Affordable Housing Costs –
Los Angeles County
Income Category (% of median income) Income Limits Affordable Rent Affordable Price (est.) Extremely Low (<30%) $35,450 $886 *
Very Low (31-50%) $59,100 $1,478 *
Low (51-80%) $94,600 $2,365 *
Moderate (81-120%) $96,000 $2,400 $375,000
Above moderate (120%+) >$96,000 >$2,400 >$375,000
Assumptions:
-Based on a family of 4 and 2021 income limits
-30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance -10% down payment, 3.75% interest, 1.25% taxes & insurance, $350 HOA dues * For-sale affordable housing is typically at the moderate-income level Source: Cal. HCD; JHD Planning LLC
For-Sale Housing
Between 2000 and 2018, median home sales prices in Malibu increased 215% while prices in the SCAG region increased 151%. 2018 median home sales prices in Malibu were $2,380,000 and the highest experienced since 2000 was $2,443,000 in 2017. Prices in Malibu have ranged from a low of 282.4% of the SCAG region median in 2002 and a high of 537.7% in 2012 (Table 7.2-14).
49 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-13 August/September 2024
Table 7.2-14
Median Sales Price for Existing Homes –
Malibu vs. SCAG Region
Rental Housing
Across Malibu's 1,547 renter households, 450 (29.1%) spend 30% or more of gross income on housing cost, compared to 55.3% in the SCAG region. Additionally, 267 renter households in Malibu (17.3%) spend 50% or more of gross income on housing cost, compared to 28.9% in the SCAG region (Table 7.2-15). Housing units in Malibu posted for rent5 ranged from $1,895/month for a studio to $15,000/month for a single-family house.

Table 7.2-15
Percentage of Income Spent on Rent –
Malibu
5 Source: Rent.com, October 2021
50 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-14 August/September 2024

7.2.5 Special Needs
Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances related to one’s employment and income, family characteristics, age, disability, or other conditions. As a result, some of the City’s residents may experience a higher prevalence of overpayment, overcrowding, or other housing problems.

State Housing Element law defines “special needs” groups to include persons with disabilities, the elderly, large households, female-headed households, homeless people, and farmworkers. This section contains a discussion of the housing needs facing each of these groups.

7.2.5(a) Persons with Disabilities
Recent Census data (Table 7.2-16) estimated that the most prevalent types of disabilities among Malibu residents included cognitive, ambulatory, and independent living disabilities. Housing opportunities for those with disabilities can be maximized through housing assistance programs, supportive housing, and by providing universal design features such as widened doorways, ramps, lowered countertops, single-level units and ground floor units.

Table 7.2-16
Disabilities by Type – Malibu
In Malibu, the most commonly occurring disability among seniors 65 and older was a hearing disability, experienced by 13.3% of Malibu's seniors and 13.1% of seniors in the SCAG region (Table 7.2-17).
51 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-15 August/September 2024
Table 7.2-17
Disabilities by Type for Seniors 65+ – Malibu vs. SCAG Region As shown in Table 7.2-18, 40% of Malibu residents with a disability were employed. In addition to enforcing Building Code accessibility requirements, the City’s Municipal Code establishes procedures to allow reasonable accommodation for persons with disabilities pursuant to State law.

Table 7.2-18
Disabilities by Employment Status – Malibu
Residential care facilities for six or fewer persons are permitted in the Rural Residential (RR) District, Single Family Density Residential (SF) District, Multiple Family Residential (MF) District, and Multifamily Beach Front (RBF) District, and residential care facilities for seven or more persons is permitted with a conditional use permit in the Commercial General (CG) District. There are two senior residential care facilities in Malibu. The City of Malibu does not have any City-initiated programs aimed at housing people with disabilities and defers to Los Angeles County programs. As stated in Housing Plan Program 2.4.b, the City 52 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-16 August/September 2024
will review and revise the LIP and MMC to allow residential care facilities for seven or more persons in similar to other residential uses of the same type in the same zone with an administrative permit or without discretionary review, for persons of any age, and allow operation by for-profit agencies as well as non-profit agencies, and ensure that the CUP findings of the administrative permit are based on objective standards that do not constrain development of large residential care facilities and provide certainty to applicants through the permitting process. Developmental Disabilities As defined by federal law, “developmental disability” means a severe, chronic disability of an individual that:
• Is attributable to a mental or physical impairment or combination of mental and physical impairments;
• Is manifested before the individual attains age 18;
• Is likely to continue indefinitely;
• Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self-direction; f) capacity for independent living; or g) economic self-sufficiency;
• Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

The Census does not record developmental disabilities as a separate category of disability. According to the California State Council on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.58%.6 Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.

The California Department of Developmental Services (DDS) currently provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The Westside Regional Center (WRC) located in Culver City (http://www.westsiderc.org/) provides services for people with developmental disabilities in Malibu. The WRC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families.

There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. There is a requirement for parents to share the cost of 24-hour out-of-home placements for children under age 6 California State Council on Developmental Disabilities. 2023. About. https://scdd.ca.gov/about/ 53 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-17 August/September 2024

18. This share depends on the parents' ability to pay. There may also be a co-payment requirement for other selected services.

Regional centers are required by law to provide services in the most cost-effective way possible. They must use all other resources, including generic resources, before using any regional center funds. A generic resource is a service provided by an agency that has a legal responsibility to provide services to the general public and receives public funds for providing those services. Some generic agencies may include the local school district, county social services department, Medi-Cal, Social Security Administration, Department of Rehabilitation and others. Other resources may include natural supports. This is help that disabled persons may get from family, friends or others at little or no cost. According to the latest available WRC Performance Report7, the Center served approximately 9,130 individuals during 2020. Based on the California State Council on Developmental Disabilities’ estimate that 1.58% of the population can be defined as having a developmental disability, 172 residents in Malibu are likely to have a developmental disability.8
Other community resources for persons with development disabilities include the Esperance Center in Malibu and Best Buddies International in the neighborhood of Westwood in the City of Los Angeles. The Esperance Center offers a variety of workshops, job assistance, and outings and activities for persons with developmental disabilities. It also operates a residential facility with six adults with developmental disabilities. Best Buddies International is a nonprofit organization working to create employment and development opportunities for persons with intellectual and developmental disabilities.

The Best Buddies Living Program in Westwood is an independent inclusive living program near the University of California Los Angeles that provides housing and services to three residents that attend the university.

In addition to the services provided by the WRC, City housing programs that respond to the needs of this population include Program 2.4.c, which directs the City to remove or increase the individual capacity limit and revise parking regulations for emergency shelters, (and Program 3.1.d, which promotes the use of HCVs throughout the city.

7.2.5(b) Elderly
Federal housing data define a household type as 'elderly family' if it consists of two persons with either or both age 62 or over. Recent HUD data (Table 7.2-19), estimated that of Malibu's 2,198 such households, 12.3% earn less than 30% of the surrounding area income, (compared to 24.2% in the SCAG region), 22.2% earn less than 50% of the surrounding area income (compared to 30.9% in the SCAG region). Many elderly persons are dependent on fixed incomes or have disabilities. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units, shared living arrangements, congregate housing, and housing assistance programs. The city does not have any deed restricted or affordable housing units dedicated to seniors.

The Malibu Senior Center offers programs for citizens who are independent and can care of their own personal needs. The Center is not a day care facility and medical staff is not 7 https://westsiderc.org/wp-content/uploads/2021/06/WRC-Performance-Contract-Year-End-Report-for-2020.pdf 8 California State Council on Developmental Disabilities. 2023. About. https://scdd.ca.gov/about/ 54 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-18 August/September 2024
employed by the City nor are there any medical professionals onsite; however, Senior Center staff members are trained in CPR and first aid. Participants are welcome to bring an attendant or caregiver with them in order to enjoy all of the services and programs.

Programs for seniors and active adults are offered in the City’s 1,200-square-foot Senior and Active Adult Center, located in Malibu City Hall. The Center offers a wide variety of recreational, fitness, cultural, and educational programming, social events, and excursions to give seniors and adults opportunities to maintain and improve physical and mental well-being, life skills, and active social lives.

Courses and lectures offered in partnership with outside agencies include AARP driver safety, health screenings, smart money planning, downsizing your house, computer skills, and Alzheimer’s awareness. Dial-a-Ride and Meals on Wheels resources are also available to seniors.

Table 7.2-19
Elderly Households by Tenure – Malibu

7.2.5(c) Large Households
Large households are defined as those with five or more members. A lack of larger apartments in a community’s rental housing stock may result in overcrowded conditions for large households. As seen previously (Table 7.2-3) approximately 161 owner households (4%) and 33 renter households (2%) in Malibu (194 total households, or 3.5% of total households) have five or more members. This distribution indicates that the need for large units with four or more bedrooms is expected to be significantly less than for smaller units. As Malibu has a higher share of senior residents than the region, it is likely that some large households include multigenerational living arrangements and/or live-in caregivers. Malibu has 1,423 housing units with four or more bedrooms, 88% of which are owner-occupied (1,249 housing units) as opposed to 11% renter-occupied (174 housing units). The inventory of large units (1,423) can sufficiently house the City’s large households (194). However, the mismatch between adequately sized housing units and affordability is a factor that contributes to housing cost burden and overcrowding. Few resources are available for large low-income households as no deed restricted housing units exist in the city.
55 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-19 August/September 2024
Several programs in the Housing Plan (Section 7.5) are designed to provide housing opportunities for large households and alleviate overcrowding. These programs include Program 2.4 – Support the Development of Variety of Housing Types; Program 4.1 – Support Development of Accessory Dwelling Units; Program 3.1 – Facilitate Affordable Housing Development and Housing Assistance Opportunities; Program 3.3. Housing for Persons with Special Needs, and Program 5.2 – Fair Housing Community Outreach.

7.2.5(d) Female-Headed Households
Of Malibu's 5,769 total households, 7.6% are female-headed (437 households) compared to 14.3% in the SCAG region, 3.1% are female-headed and with children (178 households) compared to 6.6% in the SCAG region, and 0.2% are female-headed and with children under 6 (22 households)compared to 1.0% in the SCAG region (Table 7.2-20). Femaleheaded households in Malibu are more likely to own than rent their home; 87% are homeowners (380 households) and 13% are renters (57 households). Female-headed households, especially those with children, often require special consideration and support due to their greater need for affordable housing, accessible childcare, healthcare, and other essential services. These households often find challenges in balancing parental duties and employment obligations while only having one source of income. This may lead to female-headed households to live below the poverty line. In Malibu, approximately 19% of single-parent, female-headed families in Malibu earn an income below the poverty level (36 households), while no female-headed households without children present earn an income below the poverty level. The percentage of single-parent female-headed households earning an income below the poverty line (19%) is higher than the percentage of the overall city population earning an income below the poverty line (13%). Single-parent female-headed households earning an income below the poverty line comprise approximately 5% of all households in poverty.

Because no deed-restricted housing units exist in the city, there are few resources for these households. Organizations in Malibu and western Los Angeles County that assist single-parent households and lower-income households include The People Concern, St.

Joseph Center, and the Westside Food Bank.

The City responds to the needs of female-headed households through the following Housing Plan programs: housing rehabilitation education and financial assistance to lower-income, elderly, and/or disabled households and homeowners; preservation of existing mobile home parks; annual monitoring of the replacement of affordable housing in the Coastal Zone; ensuring adequate capacity to accommodate housing needs; providing incentives to encourage mixed-use; providing education on available resources for the development of accessory dwelling units; and providing referral information to persons in need of assistance. Lower-income female-headed households can access housing choice vouchers if they qualify. However, there are no subsidized housing units in the city which limits housing options for lower-income female-headed renter households.
56 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-20 August/September 2024
Table 7.2-20
Female Headed Households – Malibu

7.2.5(e) Farmworkers
Farmworkers are traditionally defined as persons whose primary income is from seasonal agricultural work. Agricultural activities in the City are limited to small-scale horticultural businesses on approximately 25 acres of land scattered throughout the City, with some of these small farms doubling as event centers and places for family activities. These horticultural activities are not a significant source of employment and do not generate a demand for permanent farm worker housing. Recent Census estimates published by SCAG estimated a total of 29 persons Malibu residents employed in the agricultural industry. According to the United States Department of Agriculture, there were 3,266 farmworkers in Los Angeles County in 2017, 1,044 of which were seasonal farmworkers.

Farming in the region is mostly in and near Oxnard, Camarillo, Thousand Oaks, and other cities and Ventura County lands to the north and east of Malibu. It is unlikely that employees of agricultural operations in these areas would commute from Malibu due to the distance from employment and the relatively high cost of housing in Malibu. The needs of agricultural employees are addressed by City regulations allowing agricultural employee housing in residential and agricultural zones consistent with the Employee Housing Act.

7.2.5(f) Homeless Persons
Throughout the country, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include the general lack of housing affordable to lower-income persons, increases in the number of persons whose incomes fall below the poverty level, reductions in public assistance for the poor, and the de-institutionalization of the mentally ill.

The McKinney-Vento Homeless Assistance Act of 19869 defines a "homeless" person as an individual who lacks a fixed, regular, and adequate nighttime residence, or an individual whose primary nighttime residence is:
9 42 U.S.C. §11301, et seq.
57 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-21 August/September 2024

1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations;

2. An institution that provides a temporary residence for individuals intended to be institutionalized; or

3. A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

Federal agencies, such as the U.S. Department of Housing and Urban Development (HUD), interprets the McKinney-Vento definition to include only those persons who are on the streets or in shelters and persons who face imminent eviction (within a week) from a private dwelling or institution and who have no subsequent residence or resources to obtain housing.10
People are also at risk of homelessness when they experience a sudden drop in income or a rise in housing costs, and/or they do not have the skills necessary to manage their limited resources. According to the National Coalition for the Homeless (NCH), most individuals at risk of homelessness are on a fixed income or are marginally employed and have few ties to family and friends.

The 2022 Greater Los Angeles Homeless Count (latest available data) found that there were 81 people experiencing homelessness in Malibu, all of whom were unsheltered; 45% were counted as residing on the street or in makeshift shelters, while 65% were counted as residing in vehicles. The count did not include people who may be residing at the homes of friends or relatives. . The needs of the homeless vary by subpopulation. Mentally ill persons require housing supported by mental health care and counseling. Alcohol and drug abusers require treatment facilities and medical and social support services. Victims of domestic violence need shelter and social services to assist in the transition to independent living. Runaway and recently emancipated youths require shelter, combined with counseling and social services, in order to reintegrate them with their families or enable them to live independently. According to The People Concern, a social service agency offering homeless services, Malibu’s homeless population has a disproportionately high prevalence of mental health issues and substance use compared to the general population.

State law (Section 65583(1) (6)) requires municipalities to address the special needs of persons experiencing homelessness within their jurisdictional boundaries. “Homelessness” as defined by the U.S. Department of Housing and Urban Development (HUD), describes an individual (not imprisoned or otherwise detained) who:
• Lacks a fixed, regular, and adequate nighttime residence; and • Has a primary nighttime residence that is:
• A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); • An institution that provides a temporary residence for individuals intended to be institutionalized; or
10 “Who is Homeless?” 2009. Published by the National Coalition for the Homeless, July 2009. p. 1. 58 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-22 August/September 2024
• A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

This definition does not include persons living in substandard housing (unless such housing has been officially condemned), persons living in overcrowded housing, persons discharged from mental health facilities (unless the person was homeless when entering and is considered to be homeless at discharge), or persons who may be at risk of homelessness (for example, living temporarily with family or friends).

Facilities such as emergency shelters, low barrier navigation centers, transitional housing and supportive housing address the needs of the homeless and those at risk of becoming homeless. The City’s Zoning Ordinance permits transitional and supportive housing in the Rural Residential District (RR), Single Family Density Residential District (SF), Multiple Family Residential District (MF), and Multifamily Beach Front District (RBF) and currently permits emergency shelters in the Commercial General District and Institutional District.

As stated in Housing Plan Program 2.4.c, the City will amend the LIP and MMC to remove individual capacity limits for emergency shelters to meet the requirements of AB 2339, and to revise parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583. The City will also amend the LIP and MMC as needed to allow transitional and supportive housing as a regular residential use to be similarly permitted as other uses of the same housing type in the same zone, as specified in Housing Plan Program 2.4.a.

In 2016, the City issued a grant to the Malibu Task Force on Homelessness (MTFH), an independent organization of community volunteers, to help fund a pilot project to bring professional services to Malibu's homeless population. MTFH entered into an agreement with The People Concern to bring two full-time outreach workers to Malibu daily in order to locate, engage, and build relationships with homeless individuals. The City continues to partner with The People Concern and contracts two outreach workers to assist with the City’s homelessness programs and services. Since the program began, 72 individuals in Malibu have been placed in permanent housing.

Persons experiencing homelessness in Malibu can access housing assistance through various shelters and programs, including the following:
• The People Concern, based in Santa Monica, provides fully integrated “wraparound” services to chronically homeless individuals, people dealing with severe mental or physical illness or substance addiction, victims of domestic violence, and challenged youth. The People Concern assists individuals in need in obtaining subsidized permanent housing and provides interim housing for persons transitioning out of homelessness.
• Project Homeward Bound works directly with homeless individuals who find themselves stranded in Malibu without sufficient funds to support themselves, providing them with funds to return to their family and friends in other states where they can get a fresh start.
• St. Joseph Center provides permanent supportive housing services to homeless residents throughout Los Angeles County and provides short-term rental assistance and supportive services to those in need.
59 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-23 August/September 2024
• The City’s Outreach Team and Housing Navigator work with landlords and shelter facilities throughout Los Angeles County to help people experiencing homelessness get off the streets and into housing.
• The City provides funding to the SHIELDS Rapid Re-Housing for Adults and Veterans (RRAV) program which connects individuals experiencing homelessness to permanent housing rental and provides move-in assistance, case management, and linkage and referral services.11

7.2.6 Assisted Housing at Risk of Conversion
State law requires that the Housing Element identify any residential projects in the City that are under an affordability restriction, along with those housing projects that are at risk of losing their low-income affordability restrictions within the ten-year period from 2021-2031. According to the SCAG, the California Housing Partnership Corporation and City records, there are no assisted low-income units in the City, and therefore, no housing units at risk of losing their low-income affordability.

7.2.7 Housing Constructed, Demolished or Converted within the Coastal Zone
California Government Code §65588(d) requires that the Housing Element update take into account any low- or moderate-income housing provided or required in the Coastal Zone pursuant to §6590 (the Mello Act12). State law requires that jurisdictions monitor the following:
• The number of new housing units approved for construction within the Coastal Zone (after January 1, 1982);
• The number of low- or moderate-income units required to be provided in new developments either within the Coastal Zone or within three miles of the Coastal Zone;
• The number of existing housing units in properties with three or more units occupied by low- or moderate-income households that have been authorized for demolition or conversion since January 1, 1982; and
• The number of low- or moderate-income replacement units required within the Coastal Zone or within three miles of the Coastal Zone.

Table 7.2-21 provides City statistics for housing units in the Coastal Zone through 2020. 11 City of Malibu. 2023. Homelessness. https://www.malibucity.org/865/Homelessness 12 The Mello Act requires, in part, the replacement of affordable units demolished or converted within the coastal zone. 60 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-24 August/September 2024
Table 7.2-21
Malibu Coastal Zone Housing Units – 1982-2020
Units
Number of new units approved for construction in the Coastal Zone after January 1, 1982 503 Number of new units for low- and moderate-income households required to be provided either within the coastal zone or within three miles of it 0
Number of units occupied by low- and moderate-income households and authorized to be demolished or converted 0
Number of units for low- and moderate-income households required either within the coastal zone or within three miles of it in order to replace those demolished or converted 0 Source: City of Malibu, 2021

7.2.8 Future Housing Needs

7.2.8(a) Overview of the Regional Housing Needs Assessment (RHNA) The RHNA is a key tool for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the period from June 30, 2021, to October 15, 2029. Local governments then determine how they will address this need through the process of updating the Housing Elements of their General Plans.

The current RHNA was adopted by SCAG in 2021. Future housing needs are determined by the forecasted growth of households in a community and also by “existing needs” due to overpayment and overcrowding. The housing need for new households is then adjusted to maintain a desirable level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units expected to be lost due to demolition, natural disaster, or conversion to non-housing uses. The sum of these factors – household growth, existing need, vacancy need, and replacement need – determines the new housing need for a community. Total housing need is then distributed among four income categories on the basis of the County’s income distribution, with adjustments to avoid an over-concentration of low-income households.

7.2.8(b) 2021-2029 Housing Needs
The additional housing need assigned to Malibu for the 2021-2029 planning period is shown in Table 7.2-22.
61 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-25 August/September 2024
Table 7.2-22
Regional Housing Needs - Malibu
Very Low1 Low Moderate Above Moderate Total
282 19 17 15 79
Source: SCAG 2021
Notes:

1. Includes the Extremely-Low-Income (ELI) category.

2. 14 units are assumed to be ELI pursuant to Government Code §65583.a.1 A discussion of the City’s inventory of suitable sites to accommodate the City’s housing need is provided in Section 7.4 – Resources and Opportunities, and Appendix B.

7.2.9 Financial and Administrative Resources

7.2.9(a) State and Federal Resources
Community Development Block Grant Program (CDBG) – The City does not have any housing that qualifies for CDBG funding. The City receives approximately $60,000 a year in CDBG funding. Of this total, 15% is spent on administration and program services (e.g., Malibu Community Labor Exchange).

Low-Income Housing Tax Credit Program – The Low-Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 in order to provide an alternate method of funding low-and moderate-income housing. Each state receives a tax credit, based upon population, toward funding housing that meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum requirements that a certain percentage of units remain rentrestricted, based upon median income.

Mortgage Credit Certificates (MCC) – This program provides a federal tax credit for income-qualified homebuyers that is equivalent to 15% of the annual mortgage interest.

Generally, the tax savings are calculated as income in order to help buyers qualify to purchase a home. Using an MCC, first-time homebuyers can save between $700 and $2,500 a year on their annual federal tax bill. The program is initiated by the homebuyer applying through a participating lender, who then submits an application to the Los Angeles County Development Authority (LACDA). The City is not involved in administering this process or approving loans.

7.2.9(b) Local Resources
The City does not have a housing department. The only local revenue source for affordable housing is through the City’s approval of the Patriot Homes Overlay condominium project. The City Council resolution approving the project requires an inlieu payment of $30,000 per unit, required at the time of the close of escrow, to be used for programs consistent with the City’s Housing Element. An Affordable Housing Trust Fund, which contains in-lieu funds generated through development agreements, was established in 2013 (Ordinance No. 375). As of October 2023, the Trust Fund has a 62 City of Malibu 2021-2029 Housing Element 7.2 Housing Needs Assessment

7.2-26 August/September 2024
balance of $194,140. According to the City’s Affordable Housing Ordinance, the Trust Fund can be used for the following13:
• Assistance to housing development corporations;
• Equity participation loans;
• Grants;
• Pre-home ownership co-investment;
• Predevelopment loan funds;
• Participation leases;
• Other public-private partnership arrangements;
• The acquisition of property and property rights;
• Construction of affordable housing including costs associated with planning, administration, and design, as well as actual building or installation; • Costs of rehabilitation and maintenance of existing affordable housing when needed to preserve units that are at risk of going to a market rate or at risk of deterioration;
• Other costs associated with the construction or financing of affordable housing; • Reasonable administrative charges or related expenses; and • Reasonable consultant and legal expenses related to the establishment and/or administration of the fund.
13 City of Malibu. 2023. Municipal Code, Affordable Housing. https://library.qcode.us/lib/malibu_ca/pub/local_coastal_program/item/local_implementation_plan-chapter_3-3_7 63 City of Malibu 2021-2029 Housing Element 7.3 Resources and Opportunities

7.3-1 August/September 2024

7.3 Resources and Opportunities

7.3.1 Land Resources

7.3.1(a) Inventory of Sites for Housing Development
Government Code §65583(a)(3) requires Housing Elements to contain an “inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” A detailed analysis of potential development sites has been prepared (see Appendix B) and the results of this analysis are summarized in Table 7.3-1 below. This analysis also addresses the unaccommodated need from the previous planning period, as required by Government Code §65584.09 (AB 1233).

Table 7.3-1
Sites Inventory Summary
Housing Sites
Income Category
Lower Moderate Above
RHNA 2021-2029 47 17 15
RHNA Credits - Planned and Approved Units (Table B-2) 0 0 142 RHNA Credits - Potential new ADUs 17 1 12
Remaining RHNA after Credits 30 16 0
Potential new multi-family units (Table B-4) 36 22 53
Buffer provided above remaining RHNA 20% 38%
Adequate Capacity? Yes Yes Yes
Source: City of Malibu, 2024
As summarized in Table 7.3-1, this analysis determined that there are sufficient vacant or underutilized sites with appropriate zoning to accommodate the City’s housing need for this planning period.

7.3.1(b) Infrastructure Capacity
Wastewater - There is no municipal sewer service in the City of Malibu. All properties in the City are currently served by individual onsite wastewater treatment systems (OWTS); with the exception of those served by the Malibu Civic Center Water Treatment Facility (CCWTF)1, and five small package treatment plants within the City: Latigo Bay Shores, Point Dume, Trancas Canyon, Malibu Mesa, and Maison de Ville. Any new development that is not served by the six treatment plans will be required to install its own OWTS in order to serve its wastewater disposal needs.
1 Phase One of CCWTF construction was completed in October 2018. No residential properties were connected to the facility during that phase; however, the Phase Two expansion will connect approximately 247 single-family homes, 191 condominiums, and 7 other properties.
64 City of Malibu 2021-2029 Housing Element 7.3 Resources and Opportunities

7.3-2 August/September 2024
Water - Domestic water for City residents is supplied by County Waterworks District No. 29 (“District 29”) from the Metropolitan Water District of Southern California (MWD). The MWD obtains its water from the State Water Project and the Colorado River. According to the MWD’s 2020 Urban Water Management Plan, the MWD has sufficient supply to meet demand for all water customers through 2045 and has sufficient total capacity to accommodate the City’s RHNA. District No. 29 receives the water through a contract with the West Basin Municipal Water District, a member agency of the Metropolitan Water District. The District’s connection to Metropolitan Water District’s system is located in Culver City. The water travels to the District through a 35-mile transmission main in Pacific Coast Highway. Many of the City’s water mains and tanks have been identified by the City and by District 29 as severely undersized. All sites identified in the Sites Inventory are in areas served by District 29. For projects located in areas with limited to no service by District 29, property owners may install water tanks to serve the property’s needs. With the inclusion of private water tanks, domestic water supply is not expected to limit residential development in the city. The sites in the Sites Inventory are located on Pacific Coast Highway and have direct access to the water transmission main; therefore, the sites are served by adequate water supply and infrastructure.

Dry Utilities – Southern California Edison (SCE) supplies electricity in the city. The housing sites identified in the City’s Affordable Housing Overlay (AHO) will be connected to SCE’s “Cuthbert” circuit which serves properties from approximately Latigo Cyn Rd to Bonsall Dr, and from Pacific Coast Highway to approximately one mile inland. Domestic natural gas service is provided by the Southern California Gas Company. Telephone, internet services, and cable television are serviced by contracted providers including Spectrum and Frontier. There is sufficient energy supply, utilities, and connection capability for the housing units projected in the Sites Inventory.

7.3.1(c) Environmental Constraints
While virtually all properties in Malibu face development challenges due to environmental constraints such as environmentally sensitive habitat areas (ESHAs), fire hazards, and geological hazards, these hazards do not preclude development on sites identified to accommodate the City’s RHNA. Compliance with the California Building Code will generally mitigate the risk of seismic hazards to residential structures. The City requires strict adherence to the California Fire Code, as well as offers assistance with hazardous brush and tree clearance to mitigate the risk of wildfire. The capacities of the AHO sites were significantly reduced to accommodate a 100-foot buffer to wetlands classified as ESHA. A full discussion of environmental constraints is available in Appendix B.

7.3.2 State and Federal Resources
Refer to Section 7.2 Housing Needs Assessment for a description of state, federal, and local resources for affordable housing development.

7.3.3 Energy Conservation Opportunities
State law (Government Code §65583(a)(8)) requires all new construction to comply with “energy budget” standards that establish maximum allowable energy use from 65 City of Malibu 2021-2029 Housing Element 7.3 Resources and Opportunities

7.3-3 August/September 2024
depletable sources. These requirements apply to such design components as structural insulation, air infiltration and leakage control, setback features on thermostats, water heating system insulation (tanks and pipes) and swimming pool covers if a pool is equipped with a fossil fuel or electric heater. State law also requires that a tentative tract map provide for future passive or natural heating or cooling opportunities in the subdivision, including designing the lot sizes and configurations to permit orienting structures to take advantage of a southern exposure, shade or prevailing breezes.

SCE and the Southern California Gas Company offer energy conservation programs, including audits of home energy use to reduce electricity consumption, refrigerator rebates, appliance repair and weatherization assistance to qualified low-income households, buyer’s guides for appliances and incentives by the Gas Company to switch from electric to gas appliances. Direct assistance to low-income households is provided by the Gas Company through the California Alternate Rates for Energy Program and by SCE through its Energy Management Assistance Program.

Both companies have programs to encourage energy conservation in new construction.

SCE’s energy rebate program applies to residential developers as well as to individual customers. SCE also offers an Energy STAR new home program and a Sustainable Communities Program, offering design assistance and financial incentives for sustainable housing development projects. The Gas Company’s Energy Advanced Home Program is offered to residential developers who install energy-efficient gas appliances that exceed California energy standards by at least 15%.

In addition, simple water conservation techniques can save a family thousands of gallons of water per year, plus many dollars in water and associated energy consumption costs.

It is now possible to obtain plumbing products that reduce water waste by restricting the volume of water flow from faucets, showerheads, and toilets. The use of plant materials that are adapted to the climate of Southern California’s coastal areas can also measurably contribute to water conservation by reducing the need for irrigation.

A household can save water by fixing dripping faucets and using water more conservatively. In addition, such conservation practices save on the amount of gas and electricity needed to heat water. By encouraging residents to conserve water and install water saving devices, the City can greatly reduce its water consumption needs and expenses.

The City has partnered with Los Angeles County Waterworks and West Basin Municipal Water District to help local residents save water and money through a comprehensive water conservation program called Malibu Smart. The goal of the Malibu Smart program is to save 28 million gallons of water annually in Malibu and Topanga Canyon through the installation of water-efficiency measures.

Actions the City of Malibu has taken to encourage energy conservation include the following:
• City policy regarding processing permits for water tanks, rainwater collection structures, etc. was created for the ease of the applicant • Solar panels are processed with a ministerial Over-the-Counter (OC) Permit which takes only a few days to approve and costs under $100
66 City of Malibu 2021-2029 Housing Element 7.3 Resources and Opportunities

7.3-4 August/September 2024
• A draft Exemplary Green Building Projects Fast-Tracking Pilot Program has been prepared
The City has recently adopted the Local Energy Efficiency Standards Ordinance and the Landscape Water Conservation Ordinance. The energy ordinance preserves and enhances the environment, by setting forth minimum energy efficiency standards within the City for all new single-family dwellings, multi-family residential construction, nonresidential construction, and substantial remodels. The City’s ordinance includes measures which are more restrictive than the California Building Energy Efficiency Standards (Title 24). The water conservation ordinance applies to: 1) projects for a commercial, institutional, or multi-family use or a subdivision, any of which propose a new or altered landscape area, including public agency projects; and 2) projects for a singlefamily residential use proposing a new or altered landscape area of 2,500 square feet or more; in the case of a project associated with an existing single-family residence, the new or altered landscape area is subject to this Chapter when the landscape area is 5,000 square feet or more. The water conservation standards are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes.

Clean Power Alliance
In 2018, the City joined the Clean Power Alliance (CPA), a locally controlled electricity provider made up of 31 local governments across Los Angeles and Ventura counties working together to bring clean, renewable power choices to our communities. CPA purchases clean power and Southern California Edison (SCE) delivers it.

CPA energy service for residential customers in Malibu began in February 2019 and nonresidential customers in May 2019. Customers in Malibu were automatically enrolled to receive 50% of their power supply from renewable sources. In June 2019, City Council approved opting all municipal electricity accounts to 100% renewable energy through CPA to lead by example for the community. In October 2019, City Council approved the selection of 100% Green Power as the default electricity choice for Clean Power Alliance customers in the City. Starting in October 2020, Malibu’s Clean Power Alliance customers started to receive 100% renewable power generated by solar, wind and other renewable and carbon-free resources in California and the surrounding region.

Customers can also select two rate options: Clean Power, which provides 50% renewable and Lean Power, which provides 36% renewable content. No matter the rate option, Clean Power Alliance offers the shared benefits of local management and control, stable, competitive rates, and higher renewable energy content.

Energy Partnerships
In 2018, the City enrolled in energy partnerships like the Westside Energy Partnership and Southern California Regional Energy Network (SoCalREN) to receive public agency assistance with implementation of energy efficiency projects and programs as well as technical assistance and incentives.

Through the recommendations in SoCalREN’s Comparative Energy Analysis, City Hall’s HVAC system was optimized to save an estimated 11% of its energy use and the City took advantage of Southern California Edison’s free Direct Install program to install LED lighting at the Michael Landon Community Center.
67 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-1 August/September 2024

7.4 Constraints

7.4.1 Governmental Constraints

7.4.1(a) Land Use Plans and Regulations
General Plan
Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future development. The Land Use Element of a City’s General Plan establishes the basic land uses and density of development within the various areas of the city. Under state law, the General Plan elements must be internally consistent and the city’s zoning ordinance, and Local Coastal Program, as applicable, must be consistent with the General Plan. Thus, the land use plan must provide suitable locations and densities in order to implement the policies of the Housing Element.

The City of Malibu’s General Plan Land Use Element provides for five residential land use designations, as shown in Table 7.4-1.

Table 7.4-1
Residential Land Use Categories –
Malibu General Plan
Designation
Maximum
Density1 Description
Rural Residential (RR) – Includes RR40, RR-20, RR-10, RR-5, RR-2 & RR-1

1.0 Single-family homes on large parcels ranging from one to 20 acres or more.

Single Family Residential (SF) –
Includes SF-L & SF-M

4.0 Single-family homes on lots ranging from approximately 10,000 SF to one acre.

Multi-Family (MF) 6.0 Duplexes, triplexes, two- or three-unit townhomes and low-rise apartments (primarily existing) on minimum 20,000 SF parcels.

Multi-Family Beach Front (MFBF) 23.12 Single-family and multi-family residences on small beach front lots.

Mobile Home Residential (MHR) - Existing mobile home park.

Source: City of Malibu General Plan.

1. Density expressed in dwelling units per net acre of lot area (lot area excludes street rights of way but may include 1-to-1 slopes).

2. Not to exceed 4 units per lot

3. As determined by the PD process
While the City has a considerable amount of vacant land, only a small portion is suitable for development because of steep hillsides, unstable soils and subsurface conditions, extreme fire hazards, and environmentally sensitive habitat areas (ESHA). Since its incorporation in 1991, the City has focused its efforts on preserving its rural character, protecting environmental resources, and improving fire safety.

With highly constrained land, limited infrastructure, and high land costs, the City’s approach to accommodating affordable housing is to identify unconstrained sites at appropriate densities and to successfully leverage State and federal subsidies for 68 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-2 August/September 2024
affordable housing. The encouragement of accessory dwelling units is also important, as most of Malibu’s development consists of single-family homes and associated accessory structures.

LCP Local Implementation Plan
The entire city is located in the Coastal Zone and is subject to the City’s LCP Local Implementation Plan (LIP). The LIP includes development standards to protect environmentally sensitive habitat areas (ESHAs) (LIP Chapter 4), native trees (LIP Chapter 5), scenic, visual, and hillside resources (LIP Chapter 6), shoreline and bluff areas (LIP Chapter 10), archaeological/cultural resources (LIP Chapter 11), public access (LIP Chapter 12), and water quality (LIP Chapter 17). Projects that contain or are located near identified coastal resources may require modifications or reductions in density to protect the identified resource. While the LIP is a City document, it must be consistent with the California Coastal Act, and any modification is subject to certification by the Coastal Commission. For a discussion of potential constraints raised by the LIP, see Chapter 4:

Residential Permit Processing/Coastal Development Permit (CDP) and NonGovernmental Constraints/Environmental Constraints.

Environmental Sensitive Habitat Area (ESHA) Overlay
As discussed in Chapter 4 of the LIP, the ESHA Overlay protects and preserves areas where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily be disturbed or degraded by human activities and development. The ESHA Overlay zone extends over the ESHA area and areas within 200 feet of designated ESHA necessary to ensure continued protection of the habitat areas. Only uses dependent on the environmentally sensitive habitat areas and which do not result in significant disruption of habitat values are permitted in the ESHA overlay zone. New developments that are adjacent to habitats such as stream, riparian, wetland, woodland, coastal bluff, coastal sage scrub, chaparral, and other ESHA areas must provide a buffer of no less than 100 feet in width from the outer edge of the ESHA area. The following types of developments accompanied with a biological study are not subject to the provisions of the ESHA Overlay and are not be subject to review by the Environmental Review Board:

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

2. 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.

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

4. 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 CDP permit.

5. 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.
69 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-3 August/September 2024
As discussed in Appendix B, Residential Land Inventory, ESHA exists on the three parcels identified in the Site Inventory. The ESHA overlay on the sites were excluded from the development area of the sites, and the development potential capacity for the RHNA sites was reduced accordingly. Therefore, the presence of ESHA is not a constraint on sites included in the Sites Inventory. Additional discussion of site-specific environmental constraints is provided in Appendix B.

Scenic and Visual Resources
Except for beachfront lots or as provided in Chapter 17.42 of the MMC, all development projects subject to a CDP and which propose a structure greater than 18 feet in height shall obtain a site plan review (SPR). A SPR may be approved or conditionally approved if the project meets all of the following criteria: the project is consistent with the City's general plan and LCP; and the portion of the project that is greater than 18 feet in height does not obstruct visually impressive scenes of the Pacific Ocean, off-shore islands, Santa Monica Mountains, canyons, valleys, or ravines from the main viewing area of any affected principal residence as defined in Section 17.40.040(A)(17).

Chapter 6 of the LIP, Scenic and Visual Resources, is intended to enhance and protect the scenic and visual qualities of coastal and mountain areas in the city in accordance with the policies of the LCP and the California Coastal Act. These provisions apply to all CDP applications for parcels located along, within, provides views to or is visible from any scenic area, scenic road, or public viewing area. The hillside development standards of this chapter apply to properties where the project site includes any area of slope over 20 percent. Applications for new development in scenic areas must provide a visual analysis that includes the following:

1. Grading plan, if grading is proposed.

2. Cross sections of the project site showing the proposed grading and structures.

3. Line of sight analysis showing the view of the project site from public viewing areas.

4. Photos of the project site from public viewing areas and/or scenic roads, with story poles placed on the site to indicate the proposed location and maximum height of all structures and stakes placed on the site to indicate the extent of all proposed grading.

5. An analysis of the potential impacts of the proposed development on the identified public views.

6. Project alternatives designed to avoid and minimize impacts to visual resources.

7. Mitigation measures necessary to minimize or mitigate residual impacts that cannot be avoided through project siting and design alternatives.

The requirements listed under Chapter 6 of the LIP, Scenic and Visual Resources, are requirements that are generally dictated by state coastal zone regulations and are reasonably necessary to protect and preserve visual resources of the coast and hillside.

As part of the CDP application process, applicants are required to install story poles to demonstrate the height and location of the proposed development that may affect views of scenic resources. The City of Malibu Story Pole policy includes provisions for waiving the installation of story poles if it is determined that there is no possibility that the proposed development will create or contribute to adverse impacts to scenic areas. 70 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-4 August/September 2024
The requirements for story poles are a constraint in that it adds to the cost and timing for a project over 18 feet. The City will implement Program 4.3.e to allow alternatives to story poles, such as photo simulations, for multi-family development subject to story pole requirements under Chapter 6 of the LIP.

Grading
Chapter 8 of the LIP, Grading, ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of nonexempt grading to a maximum of 1,000 cubic yards for a single-family residential parcel and 1,000 cubic yards of non-exempt grading per acre for multi-family residential parcels.

Types of grading that is exempt from the 1,000 cubic yard maximum are: understructure grading (excavation for foundations and other understructure excavation and incremental excavation for basements), removal and recompaction, safety grading (grading required for L.A. County Fire Department access approval beyond the 15-foot minimum access and may include turnouts, hammerheads, turnarounds, and access roadway widening), and remedial grading (grading recommended by a full site geotechnical or soils report prepared by a licensed geologist or soils engineer which is necessary to correct physical deficiencies on the site for the construction of a primary residential structure or access to the lot). Along with the exempt provisions, the 1,000 cubic yard threshold is able to accommodate most residential construction.

The City processes variances for proposed projects involving grading that exceeds 1,000 cubic yards of nonexempt grading in rare occasions when a project is proposed on steep slopes to stabilize slopes for safety purposes or when ancillary uses such as equestrian rings and sport courts (i.e., accessory structures that are ancillary to the primary residential structure) are proposed. Development on beachfront properties involves minimal to no nonexempt grading as beachfront development is constructed on piles, which do not require landform alteration. Overall, grading regulations are not a constraint on residential development.

Zoning Designations and Development Standards
The City regulates the type, location, density, and scale of residential development through Title 17 of the MMC (Zoning Ordinance/Zoning Map). Additionally, because the City of Malibu lies entirely within the Coastal Zone, all zoning designations and development standards have been incorporated into the LIP. The LIP includes additional development standards that are intended to augment the MMC Zoning regulations and serve to implement the General Plan and are designed to protect and promote the health, safety, and general welfare of residents. The MMC and LIP also help to preserve the character and integrity of existing neighborhoods. The MMC and LIP set forth residential development standards for each zoning district.

Zoning districts that allow residential units as a permitted use are as follows:

RR Rural Residential
SF Single-Family Residential
MF Multi-Family Residential
MFBF Multi-Family Beachfront
MH Mobile Home Park
71 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-5 August/September 2024
PD Planned Development
AHO Affordable Housing Overlay
CG Commercial General
A summary of the LCP/MMC development standards for the zoning districts permitting residential development is provided in Table 7.4-2.

Lot Standards
Lot standards include requirements for minimum lot areas, which range from 1 acre in the RR zone to 5,000 square feet in the MFBF zone. The minimum lot area for new lots in the MFBF district is 5,000 square feet. Existing sites that are smaller than the minimum lot size, including sites in the Sites Inventory, are considered legal, nonconforming parcels.

Pursuant to MMC Section 17.60.030, nonconforming parcels may be developed for any purpose permitted in the zone district provided that uses and new construction complies with the code. Lots that are 5,000 square feet within the MFBF zone may only build a maximum of two dwelling units. While parcel nonconformity is not a constraint, the smaller lot sizes for multi-family beach front developments may be a constraint as developments may have to consolidate multiple lots to develop a multi-family residence with more than two units. However, many MFBF lots are typically developed with single family homes due to environmental constraints, the lack of municipal sewer system, and market demand.

Additionally, the LIP standards and environmental concerns constrain the development of higher densities within beach front zones.

Setbacks
Setback standards are based on a percentage of lot depth and width which provides flexibility in standards for various lot sizes. Front setbacks are 20% of the lot depth for all zones or 65 feet, whichever is less. The required front yard setback for beachfront lots is 20 feet or the average of the two adjacent lots, whichever is less. Setbacks are not a constraint to development as setback standards can be further reduced through the Minor Modification that is processed concurrently with a CDP.

Impermeable Coverage
Developments must meet standards for maximum impermeable coverage to reduce offsite run-off, manage storm water, and protect water quality. Single family developments may be developed with a maximum of 35-45% impermeable coverage depending on the size of the lot, with a maximum of 25,500 square feet of total impermeable coverage.

This requirement does not apply to beachfront lots as beachfront development is constructed on pilings that do not require impermeable foundations. The LIP and Chapter

17.40.040 of the MMC are unclear as to whether multi-family beachfront lots are subject to impermeable coverage requirements. Program 4.3.c. directs the City to revise the LIP and MMC to clarify that the impermeable coverage requirement does not apply to beachfront lots, including multi-family development.

Multi-family developments may be developed with a maximum of 70% impermeable coverage. Multi-family developments are required to devote 25% of the lot area to landscaping and an additional 5% to permeable surfaces. Maximum impermeable surface areas reduce the need, and associated costs, of installing off-site drainage 72 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-6 August/September 2024
infrastructure. This standard is not considered a constraint to multi-family developments, as evidenced by recent rehabilitation project at 6453 Sycamore Meadows Drive, as it is based on the percentage of the lot size and may coincide with other required standards such as setbacks. Impermeable coverage standards also reduce costs associated with off-site drainage improvements.

Requests to use certain materials to meet the permeable coverage requirement are considered through the CDP application review process. The Public Works Department reviews proposed paving materials within 30 days of application submittal for confirmation that the proposed materials are acceptable. Applicants can also seek confirmation on specific materials prior to application submission. The City provides a handout on the City’s website on permeable materials.1 Applicants are encouraged to consult with City Planning staff during planning consultation hours at the public counter to review proposed permeable materials. In a review of recent development applications, there have not been requests for concessions on lot coverage requirements. Therefore, the City’s lot coverage requirements are not a constraint to housing development.

Height
The maximum base height is 18 feet with the ability to increase height to 24 feet for a flat roof and 28 feet for a pitched roof with a SPR in all residential non-beachfront zones. For residential beachfront zones, the maximum base height is 28 feet (without the need for a SPR) and a maximum number of two stories is allowed. Generally, a height limit of 18 feet may constrain development in the MF zone as a maximum of one story may be accommodated at that height. Height limits are generally intended to maintain visual consistency within an area and compatibility between adjacent buildings. Proposed development may exceed the height limit of 18 feet through the SPR application if findings are met that the development will not affect private views. Typically, the 24 or 28-foot height allowance through the SPR is granted unless the development would block a public or private view. The SPR requirement is not a constraint because SPRs are processed concurrently with a CDP and do not create an additional process that would extend the project timeline. While the intent of the SPR is to protect private views, MF zones are in lower elevation areas and would not affect private views. The 24 or 28-foot height allowance is sufficient for the allowable two-story development and accommodates the maximum density of 6 du/acre allowed in the MF zone. The SPR application findings are discussed further in Section 7.4.1 (b).

Currently, the AHO allows a maximum of two stories and a maximum height of 28 feet, which is insufficient to accommodate the maximum allowable density of 27 du/acre. The City will revise the maximum height allowed in the AHO to 30 feet and remove the twostory limit to accommodate development with a density of 27 du/acre, as directed by Program 4.3.d.

The allowable height for projects located in scenic areas is generally dictated by the state coastal zone regulations and is reasonably necessary to protect the scenic and visual resources of the hillside and the coast. The density achieved is largely driven by the environmental conditions and the market demand for single family residences over multi1 City of Malibu. https://www.malibucity.org/DocumentCenter/View/17545/Using-Permeable-Surfaces 73 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-7 August/September 2024
family residences in Malibu. Non-governmental constraints are further discussed in section 7.3.2 below.

Density
In most residential areas of the city, densities range from about one unit per 20 acres (RR-20 zone) to six units per acre (MF zone). Higher densities (up to 23.1 units per acre, not to exceed four units per lot) occur along four small stretches of beachfront property, as well as on Affordable Housing Overlay (AHO) parcels, which require that affordable housing development projects have a minimum of 20 units per acre, a maximum of one dwelling unit per 1,613 square feet of lot area, and a minimum of 16 dwelling units.

Table 7.4-2
Residential Development Standards
Development Standard RR1 SF7 MF MFBF MH AHO
Maximum density 1 du/acre 4 du/acre 6 du/acre8 23.1 du/acre9 NA 27du/acre Minimum lot area 1 acre SFL = 0.5 ac
SFM = 0.25 ac
20,000 sf 5,000 sf NA NA
Minimum front yard 20% of lot
depth2
20% of lot
depth2
20% of lot
depth2
20% of lot
depth2
NA NA
Minimum side yard 10% of lot
width3
10% of lot
width 3
10% of lot
width3
3 feet3 NA NA
Minimum rear yard 15% of lot
depth4
15% of lot
depth 4
15% of lot
depth 4
Stringline4 NA NA
Maximum impermeable coverage 30%-45%5 30%-45%5 70%5 N/A5 NA 70%5 Maximum building height 18 feet6 18 feet 6 18 feet6 28 feet6 18 feet 28 feet6 Source: City of Malibu Zoning Ordinance

1. Includes RR-20, RR-10, RR-5, RR-2, and RR-1 zones. Minimum lot area varies from 1 to 20 acres depending on designator.

2. Front yard setback is 20% of lot depth or 65 feet, whichever is less. Front yard setback for beachfront lots is 20 feet or the average of the two adjacent lots, whichever is less.

3. Aggregate side yard setbacks must be at least 25% of lot width, with no single side yard less than 10% of lot width or 5 feet, whichever is greater.

Side yard setback for beachfront lots is 10 percent of lot width on each side with a 3 feet minimum and a 5 feet maximum.

4. Rear yard setback must be at least 15% of lot depth or 15 feet, whichever is greater. Rear yard setbacks for beachfront lots are determined by the stringline rule.

5. Not to exceed 25,500 sf. Impermeable coverage requirements do not apply to beachfront lots.

6. Maximum height for new construction on beachfront lots is 24 feet for flat roof structures and 28 feet for pitched roof structures. For nonbeachfront lots, heights of 24 feet for flat roof structures and 28 feet for pitched roof structures may be permitted by site plan review.

7. Includes SFL and SFM. Maximum of 2 units per acre for SFL and 4 units per acre for SF-M.

8. Maximum density is 6 units per acre.

9. Maximum density is 1 unit per 1,885 sf of lot area, not to exceed 4 units per lot. One additional unit may be permitted if affordable to a very-low-, low-, or moderate-income household.

A summary of the residential development permitted by the LCP/ MMC is provided in Table 7.4-3. (Note: The PD district is not included in the table because allowable uses and development standards are established through the PD permit process.) 74 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-8 August/September 2024
Table 7.4-3
Permitted Residential Development by Zoning District
Housing Type Permitted
Zoning District

RR SF MF MFBF MH CC CV CG I
Residential uses
Single-family detached P P P P
Multi-family CUP1 CUP1 P2
Manufactured housing P P P P
Mobile home P4 P4 P4 MCUP4 P
Accessory dwelling units A A A A
Special needs housing
Emergency shelters P P
Transitional/supportive housing3 P P P P P
Agricultural employee housing5 A A CUP
Residential care facility (6 or fewer
persons) P P P P
Residential care facility (7 or more persons) CUP
Residential care facilities for the elderly CUP CUP CUP CUP Single room occupancy P
Source: Malibu LCP
P = Permitted CUP = Conditional Use Permit A = Permitted only as an accessory use to an otherwise permitted use.

Notes.

1. Multi-family development associated with an affordable housing development project is permitted by right.

2. Multi-family development is only permitted in the CC zone if it is associated with an affordable housing development project within the Affordable Housing Overlay.

3. Permitted subject to the same standards and procedures as applied to other residential uses of the same type in the same zone.

4. Permitted only during construction of permanent housing.

5. Permitted with a CUP in the Commercial-Recreational Zone as well if animal related only.

The CUP requirement for multi-family development in the MF and MFBF zoning districts is a constraint to the development of that type of housing. To remove the constraint, the City will remove the CUP requirement for multi-family development in the MMC and allow multi-family development as a permitted use in those zoning districts as directed by Program 4.3.a.

Zoning for Lower-Income Housing
As shown in Table 7.4-3, the LCP and MMC provide for a variety of housing types including single-family homes, multi-family (both rental and condominiums), manufactured housing and second units. Low-income housing can be accommodated in all residential districts. Accessory dwelling units, which are a tool in facilitating affordable housing, are permitted by-right in all residential districts in accordance with State law. 75 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-9 August/September 2024
Density, Units per Parcel, Floor Area and Lot Coverage Limitations. Pursuant to Assembly Bill 2348,2 the “default density” for small Los Angeles County jurisdictions, including the City, is 20 dwelling units per acre3. The default density refers to the density at which lowincome housing development is presumed to be feasible, although State law allows jurisdictions to propose alternative densities that are sufficient to facilitate affordable housing based on local experience and circumstances. The MFBF zone allows development of more than 20 units per acre. While the MFBF zone limits development to four units per parcel, this is not a constraint to development since there are no vacant parcels large enough to accommodate more than four units at the maximum allowable density.

Affordable Housing Overlay (AHO) Zone
In 2013 the City amended the General Plan, LCP and MMC to establish the AHO zone (Municipal Code Sec. 17.42.020(L)) allowing multi-family development at a minimum density of 20 units/acre and a maximum of 27 units/acre (which includes any density bonus) by-right when affordable housing is provided. This amendment also included revisions to development standards to facilitate such development, such as maximum building square footage and lot coverage. Maximum building height in the AHO is 28 feet. The City will revise the maximum height allowed in the AHO from 28 to 30 feet and remove the two-story limit, as directed by Program 4.3.d. Development on AHO sites must contain at least 16 units to qualify for the by-right requirement.

To obtain the by-right requirement on AHO sites, projects must include a minimum of percent of affordable units. Table 7.4-4 demonstrates the AHO sites and their affordability requirements.

Table 7.4-4 AHO District Sites
APN Address Affordability Requirement
4467-013-022 28517 Pacific Coast Highway and
adjacent vacant lot
Units in excess of six dwelling units per acre shall be affordable to lower and moderate income households.

A minimum of fifty (50) percent of all units in excess of the six units per acre shall be deed restricted (“restricted units”) as very-low or low-income multifamily dwelling units.
4467-013-023
4467-012-005 28401 Pacific Coast Highway
The current minimum affordability requirement for sites located in the AHO is inconsistent with state law (California Government Code Section 65583.2 (c)), which requires a 20 percent minimum affordability requirement to achieve by right approval for sites identified in the prior housing elements. The development standards for the AHO zone should be revised to be independent of the density bonus. Program 3.1.e directs the City to amend the MMC and LIP to include a maximum density independent of the state density bonus. Additionally, Program 3.5.a will modify its existing threshold requirements for by-right development approval without discretionary review on the AHO sites and replace requirements with 20 percent of units affordable to lower-income households. In addition, the AHO will be modified to allow projects involving subdivisions by right while 2 AB 2348 (Mullin) [Stats. 2004, ch. 724]
3 Memo of June 9, 2005 from California Department of Housing and Community Development on AB 2348 of 2004. Also available at http://www.hcd.ca.gov/hpd/hrc/plan/he/ab2348stat04ch724.pdf 76 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-10 August/September 2024
complying with the MMC and LIP, to be consistent with state law (Government Code Section 65583.2).

Special Needs Housing
Persons with special needs may include those in residential care facilities, persons with disabilities, the elderly, farm workers, or persons needing emergency shelter, transitional living arrangements, or single room occupancy units. Many of these groups also fall under the category of extremely-low-income households. The City’s provisions for these housing types are discussed below.

Extremely Low-Income Households
Many of the persons and households discussed in this section under the topic of special needs fall within the extremely-low-income category, which is defined as 30% or less of area median income, or up to $37,850 per year for a four-person household in Los Angeles County (2023). 4
A variety of City policies and programs described in the Housing Plan address the needs of extremely-low-income households, including persons with disabilities. However, it must be recognized that the development of new housing for the lowest income groups typically requires large public subsidies in addition to appropriate zoning and development standards.

Residential Care Facilities and Housing for Persons with Disabilities Residential facilities refer to any family home, group care facility, or similar facility that provides non-medical care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.5 Health and Safety Code §§1267.8 and 1566.3 require local governments to treat licensed group homes and residential facilities with six or fewer residents no differently than other by-right single-family housing uses. “Six or fewer persons” does not include the licensee, the licensee’s family, or persons employed as facility staff. The City shall not require a conditional use permit, zoning variance, or other zoning clearance of a residential facility which serves six or fewer persons which is not required of a family dwelling of the same type in the same zone.6
Residential care facilities serving six or fewer persons are permitted by-right in all residential districts in conformance with State law. The MMC and the LIP allow residential care facilities serving seven or more persons in the CG zone with a CUP. Additionally, residential care facilities for the elderly (limited to operation by a non-profit only) are permitted in the CC, CV, CG, and I zones with a CUP. The requirements for large residential care facilities constrain development of housing for persons with disabilities.

Through Housing Plan Program 2.4.b, the City will revise the MMC and LIP to allow licensed residential care facilities for seven or more persons similar to other residential uses of the same type in the same zone, with an administrative permit or without discretionary review, for persons of any age and allow operation by for-profit agencies as well as nonprofit agencies The City will ensure that the findings of an administrative permit are based 4 HCD 2023 State Income Limits
5 California Health & Safety Code §1502. 6 California Health & Safety Code §1566.3(c). 77 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-11 August/September 2024
on objective standards that do not constrain development of large residential care facilities and provide certainty to applicants through the permitting process.7 The City’s building codes require that new residential construction comply with the federal American with Disabilities Act (ADA). ADA provisions include requirements for a minimum percentage of units in new developments to be fully accessible to the physically disabled.

Compliance with building codes and the ADA may increase the cost of housing production and can also impact the viability of rehabilitation of older properties required to be brought up to current code standards. However, these regulations provide minimum standards that must be complied with in order to ensure the development of safe and accessible housing.

Definition of “Family”. The Municipal Code defines Family as “one or more individuals occupying a dwelling unit and living as a single household.” Household means a family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. These definitions are consistent with fair housing law.

Reasonable accommodation for persons with disabilities. In order to facilitate the processing of requests to reduce architectural obstacles for persons with disabilities, a Reasonable Accommodation Ordinance and associated amendments to the LCP and MMC have been adopted in compliance with State law (Municipal Code Chapter

17.63). The LCP under section LIP Chapter 13.30 includes provisions for reasonable accommodation requests to promote access to housing for persons with disabilities.

Reasonable accommodation requests are reviewed by the Planning Director or designee, if no approval is sought other than the request for reasonable accommodation. The Director may, in his or her discretion, refer applications that may have a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision. Applications for reasonable accommodation submitted for concurrent review with a CDP application shall be reviewed by the authority reviewing the CDP application. The review and approval of reasonable accommodation requests are contingent upon the findings of other discretionary decisions.

Required findings for approval of a reasonable accommodation request listed in the MMC are as follows:

1. The housing, which is the subject of the request, will be occupied by a person with a disability as defined in Section 17.63.020I of this chapter.

2. The approved reasonable accommodation is necessary to make housing available to a person with a disability as defined in Section 17.63.020I of this chapter.

3. The approved reasonable accommodation would not impose an undue financial or administrative burden on the city.
7 HCD 2022. Group Home Technical Advisory. https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/group-home-technical-advisory-2022.pdf 78 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-12 August/September 2024

4. The approved reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to land use and zoning.

5. The approved reasonable accommodation would not adversely impact coastal resources.

6. The project that is the subject of the approved reasonable accommodation conforms to the applicable provisions of the LCP and the applicable provisions of this section, with the exception of the provision(s) for which the reasonable accommodation is granted.

The criteria for approving reasonable accommodation requests as outlined in the LIP are consistent with those specified in the MCC, except for the fourth finding. The fourth finding in the LIP states “The approved reasonable accommodation would not require a fundamental alteration in the nature of the LCP”. The required findings for reasonable accommodation listed in both the MCC and LIP, inclusive of the fourth finding in the LIP, are objective and not considered a constraint. However, the ability for the director, in their discretion, to refer applications that may have a material effect on surrounding properties is subjective and is a constraint. The City will implement Housing Plan Program

3.3.d to remove the provision of review of a request for reasonable accommodation on the basis that may have a material effect on surrounding properties and ensure that requests for reasonable accommodation are reviewed only on the basis of objective findings, limited to review by the Planning Director. Additionally, the City will clarify in the MMC and LIP that review and approval of reasonable accommodation requests are not contingent upon the findings of other discretionary decisions.

Farmworker and Employee Housing
As discussed in Chapter 7.2 Housing Needs Assessment, the City of Malibu does not have major agricultural operations nor has it identified a need for permanent on-site farm worker housing. Under California Health and Safety Code 17021.5, any employee housing providing accommodation for six or fewer employees must be considered a single-family structure within a residential land use designation. California Health and Safety Code Sections 17021.5 and 17021.6 generally require agricultural employee housing to be permitted without a CUP in single-family zones for six or fewer persons and in agricultural zones with no more than 12 units or 36 beds. The MMC Section 17.40.140 Agriculture employee housing and the LIP allow farmworker housing in conformance with California Health and Safety Code Sections 17021.5 and 17021.6. Agricultural Employee housing is permitted in the CR and RR zones in accessory to commercial agricultural uses and shall provide no more than 36 beds in a group quarter or 12 units on an individual parcel.

Permits for agriculture employee housing are obtained from the State Department of Housing and Community Development pursuant to the Employee Housing Act. Program

2.4.e directs the City to amend the LIP and MMC to comply with the state Employee Housing Act, which stipulates that any employee housing for six or fewer persons should be treated as a single-family use.
79 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-13 August/September 2024
Emergency Shelters, Transitional/Supportive Housing and Low Barrier Navigation Centers
Emergency shelters. Emergency shelters are facilities that provide a safe alternative to the streets, either through a shelter facility or through the use of motel vouchers.

Emergency shelter is short-term, usually for 180 days or less. Transitional/supportive housing is longer-term housing, typically up to two years or more. Transitional housing typically requires that residents participate in a structured program to work toward established goals so that they can move on to permanent housing. Residents are often provided with supportive services to assist them in meeting goals.

Senate Bill (SB) 2 of 20078 strengthened the planning requirements for emergency shelters and transitional/supportive housing. Unless adequate capacity is available to serve the existing emergency shelter need, SB 2 requires that shelters be allowed “by-right” (i.e., without a conditional use permit or other discretionary approval) in at least one zoning district. In accordance with SB 2, in the LCP and MMC (Sec. 17.40.120) allow permanent emergency shelters by-right in the Commercial General (CG) and Institutional (I) zoning districts subject to appropriate development standards. The CG zoning district encompasses approximately 26 acres and the Institutional district encompasses approximately 208 acres (see Figure IV-1). Parcels in these districts range in size from 0.1 acre to 14 acres. The majority of CG parcels are located within the Civic Center area, in the middle of the city. Several of the parcels along Malibu Creek are vacant and tucked away from surrounding commercial and residential development. The Institutionallyzoned parcels are scattered throughout the city and although the majority of them contain existing development (fire stations, schools and churches), the parcel in the Civic Center that contains the court house is currently underdeveloped and could accommodate a shelter. There are no conditions adverse to human habitation in these areas.

Development standards for emergency shelters are as follows:

1. Location. Emergency shelters shall be permitted only where adequate water supply and sewage disposal capabilities are available onsite as determined by the City Department of Environmental Sustainability, and shelters shall be located no further than two thousand (2,000) feet from a public transit stop.

2. Size Limit. The maximum number of individuals permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the shelter or one person per one hundred twenty-five (125) square feet of floor area, whichever is less. In no case shall occupancy exceed twenty-five (25) individuals at any one time. Total square footage of a new facility shall comply with the maximum square footage limit set forth for the underlying zoning district.

3. Facility Requirements.
a. Each occupant shall be provided a minimum of fifty (50) square feet of personal living space, not including space for common areas. b. Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2). 8 Senate Bill 2 (Cedillo) [Stats. 2007, ch. 633 Section 1-3] 80 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-14 August/September 2024
c. Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.
d. The shelter may provide one or more of the following specific facilities and services onsite, including, but not limited to:
i. Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;
ii. Dining area;
iii. Laundry room;
iv. Recreation room;
v. Support services (e.g. training, counseling, etc.); and vi. Child care facilities.

4. Management. At a minimum, a shelter shall have an onsite management office, with at least one employee present at all times during which the shelter is in operation and is occupied by at least one resident.

5. Proximity to Other Shelters. No emergency shelter shall be located within three hundred (300) feet of another emergency shelter. The three hundred (300) foot separation shall be measured from the nearest points of the property lines on which the shelters are located.

6. Length of Stay. Individual occupancy in an emergency shelter is limited to six months in any twelve (12) month period (Section 50801 of the Health and Safety Code).

7. Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor onsite waiting and intake areas.

In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area. a. Staging for drop-off, intake and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard.
b. Shelter plans shall show the size and location of any proposed waiting or occupant intake areas, interior and exterior.

8. Off-Street Parking. Parking shall be provided, in accordance with Section 17.48.030 of this title.

AB 139 (2019) revised State law regarding parking standards for emergency shelters.

Program 2.4.c in the Housing Plan is included to address this requirement.

AB 2339 (2022) expanded the definition of “emergency shelters” to include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. AB 2339 requires that jurisdictions identify zoning designations where emergency shelters are allowed to include sites that meet at least one of the following:
81 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-15 August/September 2024
• Vacant and zoned for residential use.
• Vacant and zoned for nonresidential use and located near amenities and services for homeless individuals.
• Nonvacant and is suitable for use as a shelter in the current planning period.

Additionally, identified sites must permit residential and have a minimum area of 200 square feet per person to show that it may accommodate the number of people experiencing homelessness.

The 2024 Greater Los Angeles Homeless Count found that there were 51 people experiencing homelessness in Malibu.9 Considering the requirements of AB 2339, Malibu must identify 10,200 square feet of land that is zoned to permit emergency shelters byright, permits residential uses, and is located near amenities. The MMC requires a limit of 25 individuals per emergency shelter. Given the capacity limit, there must be at least three parcels that are appropriately zoned to meet the square footage requirements under AB 2339. As discussed above, Malibu permits emergency shelters by right in the CG zone which allows for various types of commercial uses as well as residential uses such as SROs and residential care facilities. Within the CG zone, there are 5 parcels within 0.5 miles of a bus stop and/or near amenities. Of the five parcels, two are vacant and government owned (APNs: 4458-020-904 and 4458-020-900). The parcels are 1.11 acres and 0.53 acres, respectively. The smaller parcel is currently being developed as a road and is not feasible for the development of an emergency shelter. Considering the square footage requirements of AB 2339, the larger parcel could accommodate at least 81 people but the City’s capacity requirement limits capacity at this site to 25 individuals. Therefore, the City of Malibu does not meet its obligation under AB 2339.

The City will implement Program 2.4.c to revise the definition of emergency shelters and remove requirements such as location requirement for adequate water supply and sewage disposal capabilities, remove the requirement of proximity to a transit stop in order to remove constraints for emergency shelters, and revise emergency shelter standards to comply with AB 2339. The City will also remove or increase the individual capacity limit for emergency shelters to meet the space requirements of AB 2339.

Additionally, the City has released an RFP for outreach and community engagement related to City-owned sites, including APN 4458-020-904. The engagement will include proactive outreach to community organizations, residents, and other interested parties.

The City plans to facilitate development on the sites via a land lease agreement and the sites would be considered exempt surplus land. If an organization is recruited to develop an emergency shelter, building permits could be issued prior to the end of this Housing Element cycle.

Transitional and supportive housing. SB 2 and SB 745 require that transitional and supportive housing be treated as a residential use subject to only those requirements that apply to other residential uses of the same type in the same zone.

In 2018, AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. Program 2.4.a in the Housing Plan includes a commitment to allow transitional 9 City of Malibu. 2024. https://www.malibucity.org/homelessness 82 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-16 August/September 2024
and supportive housing as a regular residential use to be similarly permitted as other uses of the same housing type in the same zone. In addition, no minimum parking can be required for supportive housing meeting the specific requirements outlined in AB 2162 and located within ½ mile from transit.

Low barrier navigation centers. In 2019 the State Legislature adopted AB 101 establishing requirements related to local regulation of low barrier navigation centers, which are defined as “Housing first, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth (2) Accommodation of residents’ pets
(3) The storage of possessions
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms
Low barrier navigation centers meeting specified standards must be allowed by-right in areas zoned for mixed use and in nonresidential zones permitting multi-family uses.

Program 2.4.d in the Housing Policy Plan includes a commitment to process an amendment to the MMC and LIP in compliance with this requirement.

Single Room Occupancy
Single room occupancy (SRO) facilities are small studio-type units designed for extremelylow- and very-low-income persons. SRO facilities are permitted by-right in the CG zone subject to the following requirements:
• Minimum 150 sq. ft./maximum 400 sq. ft.
• Occupancy limited to 2 persons
• Laundry facilities must be provided on-site
• If bathroom facilities are not provided in each unit, common bathrooms must be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
• If kitchen facilities are not provided in each unit, at least one common kitchen must be provided per floor.
• 24-hour on-site management
Parking Requirements
The City’s parking requirements for residential uses vary by residence type. Single-family dwellings require two enclosed and two unenclosed spaces per unit. Multi-family dwellings require two enclosed or covered parking spaces per efficiency (studio) unit and three spaces per one- and two-bedroom units, two of which must be enclosed. One additional enclosed parking space is required for each additional bedroom above two. 83 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-17 August/September 2024
One guest parking space is required for every four units. One off-street enclosed or unenclosed parking space is required for each ADU per the MMC and LCP. Unenclosed parking spaces may be provided in setback areas or as tandem parking.

Through the provisions of State density bonus law10, senior housing and other affordable housing projects are eligible to request reduced parking standards. It is widely accepted that senior and lower-income households have fewer cars on average than higher-income households. In order to reduce potential constraints to affordable housing development, reduced parking standards are allowed for multi-family projects that provide affordable housing consistent with density bonus law. The parking requirements are summarized in Table 7.4-5.

According to the Terner Center for Housing Innovation at UC Berkeley, parking can cost $25,000 to $75,000 per space to construct.11 Requiring fewer parking spaces not only reduces development project costs but can preserve land to build additional housing units. The current parking standards add to the cost of development of multi-family housing. However, the entire City is in a Very High Fire Hazard Severity Zone and many neighborhoods have streets that are only 20 feet wide and cannot accommodate onstreet parking to provide access for emergency vehicles. Additionally, public transit is only available along the Pacific Coast Highway and is difficult to access for residents that live more than half a mile from Pacific Coast Highway. The minimum number of parking spaces required for residential developments and the requirement for enclosed or covered parking spaces add excessive cost of development of multi-family residences and limit available building space and therefore are a constraint. The City will implement Program 2.4.f to reduce the parking requirements for multi-family development for studio and one-bedroom units and 2 or more bedroom units and remove enclosure requirements.
10 California Government Code Sections 65915-65918
11 Terner Center for Housing Innovation at UC Berkeley, 2016. Available at:
http://ternercenter2.berkeley.edu/proforma/
84 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-18 August/September 2024
Table 7.4-5
Residential Parking Requirements
Unit Type Minimum Parking Space Required
Single-family units 2 enclosed and 2 unenclosed spaces
Multi-family units (market rate)
Efficiency dwelling unit 2 spaces either enclosed or covered 1-bedroom or 2-bedroom units 3 spaces, 2 of which shall be enclosed 3 or more bedroom units 4 spaces, 2 of which shall be enclosed plus one additional space for each additional bedroom above three (enclosed or covered)
Guest parking 1 space for each 4 units
Multi-family units (affordable)
Efficiency dwelling unit or 1-bedroom unit 1 space per dwelling unit 2-bedroom or 3-bedroom units 2 spaces per dwelling unit, inclusive of guest parking 4-bedroom or more bedroom units 2 ½ spaces per dwelling unit Guest parking 1 space for each 4 dwelling units
Other
Single Room Occupancy 1 space for two units (inclusive of guest parking) and 2 spaces for the resident manager
Small residential care facility 2 enclosed and 2 unenclosed Mobile Home parks 2 spaces per dwelling unit
Senior and or Disabled housing Mobile Home Parks 1 ½ spaces per dwelling (at least one space shall be provided adjacent to each mobile home space)
Source: Malibu LCP / MMC
Cumulative Impacts of Land Use Controls
While maximum heights for multi-family development allowed with approval of a SPR are sufficient to accommodate the maximum density of 6 units per acre, the maximum height allowance of 28 feet and two stories in the AHO is insufficient to accommodate the maximum density of 27 units per acre. Additionally, the required parking spaces per unit for market-rate housing is a constraint to multi-family development. The City will increase the maximum height and eliminate the story requirements for the AHO sites and reduce the parking requirements for market-rate multi-family development. 85 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-19 August/September 2024
Figure 7.4-1
Commercial General and Institutional Zones
86 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-20 August/September 2024
Accessory Dwelling Units
In response to State-mandated requirements and local needs, the City allows the development of second units, otherwise known as accessory dwelling units (ADUs), as a permitted accessory use (i.e., no discretionary approval required) in all residential zones.

The City is preparing an ordinance to be consistent with the State laws, adopted in December 2023. In order for the ADU ordinance to take effect, the California Coastal Commission must certify the City's proposed LCP amendments.

ADUs serve to augment resources for senior housing or other low- and moderate-income segments of the population.

In recent years the State legislature has adopted several amendments to ADU law.

Housing Plan Program 4.1 describes actions the City will take to encourage and facilitate the increased development of this type of housing.

Density Bonus
As part of the LCP, the City has adopted a residential Density Bonus Ordinance (LIP Section 3.7). Under the City’s ordinance, a density increase of up to 35% over the otherwise maximum allowable residential density is available to developers who agree to construct housing developments with units affordable to low- or moderate-income households. The density bonus is applicable only to projects where the land use designations in the LCP allow development of at least five residential units on the property where the project is located. Additionally, the Density Bonus Ordinance requires that the project be consistent, to the maximum extent feasible and in a manner most protective of coastal resources. In recent years the State legislature has adopted amendments to density bonus law. Program 3.4 is included in the Housing Plan to process an amendment to City density bonus regulations in conformance with current State law.

Mobile Homes/Manufactured Housing
There is often an economy of scale in manufacturing homes in a plant, rather than on site, thereby reducing cost. State law precludes local governments from prohibiting the installation of mobile homes on permanent foundations on single-family lots. It also declares a mobile home park to be a permitted land use on any land planned and zoned for residential use, and prohibits requiring the average density in a new mobile home park to be less than that permitted by the LCP and MMC.

In the City, manufactured housing is allowed in all residential zones as a permitted use, provided the installation complies with the site development standards for the applicable zoning district. Mobile home parks, in existence as of City incorporation on March 28, 1991, are allowed as permitted use within the MH District. Modification to the number, layout, or density of mobile home spaces, or internal roads or parking areas requires a conditional use permit. The City currently has two mobile home parks, both located south of Pacific Coast Highway. The first is Paradise Cove Mobile Home Park (257 units), located just east of Point Dume and the second is the Point Dume Club Mobile Home Park (297 units), located just west of Point Dume.
87 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-21 August/September 2024
The City’s mobile home parks are its most significant source of affordable housing. Many mobile home park residents have limited or fixed incomes. The City has adopted mobile home park rent control regulations (MMC Chapter 5.16) to ensure that mobile homes continue to provide affordable housing opportunities. The development of mobile homes in the MH zone promotes the development of a variety of housing types in the City, and the development standards of this zone do not impose setback requirements or a maximum density.

Building Codes
State law prohibits the imposition of building standards that are not necessitated by local geographic, climatic, or topographic conditions and requires that local governments making changes or modifications in building standards must report such changes to the California Department of Housing and Community Development (HCD) and file an expressed finding that the change is needed.

The City has adopted the current (2022) Los Angeles County Building Codes, with all amendments which are based on the California Code.

As noted in Chapter III, the City has adopted the Local Energy Efficiency Standards Ordinance and the Landscape Water Conservation Ordinance. The energy ordinance preserves and enhances the environment, by setting forth minimum energy efficiency standards within the City for all new single-family dwellings, multi-family residential construction, nonresidential construction and substantial remodels. The City’s ordinance includes measures which are more restrictive than the California Building Energy Efficiency Standards (Title 24). The water conservation ordinance applies to: 1) projects for a commercial, institutional, or multi-family use or a subdivision, any of which propose a new or altered landscape area, including public agency projects; and 2) projects for a single-family residential use proposing a new or altered landscape area of 2,500 square feet or more; in the case of a project associated with an existing single-family residence, the new or altered landscape area is subject to this Chapter when the landscape area is 5,000 square feet or more. The water conservation standards are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes. Implementation of the two ordinances has begun. These standards may result in an incremental increase in development cost but are offset by water and energy savings throughout the life of the home.

Required compliance with building codes increases the cost of housing, but these requirements are mandated by State and Federal laws. Building codes are enforced by the City through plan check and inspection.

Transfer of Development Credit Program
For each new single-family residential parcel which is proposed to be created, an applicant must acquire one transfer of development credit (TDC). That is, the applicant must demonstrate that the development potential on the equivalent of one developable parcel has been extinguished. This is normally done by recording an offer to dedicate an open space easement over the subject property. The open space easement prohibits construction of a residence and most other types of development. 88 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-22 August/September 2024
As implemented by the California Coastal Commission (CCC), the TDC Program in Malibu (LIP Chapter 7) is mandatory for applicants who propose to intensify land use through subdivisions or construction of condominiums or rental housing projects (except for qualifying affordable housing developments, which are exempt from TDC requirements).

Any property owner may choose not to participate in the program by simply applying for a CDP for no more than one residential unit on each existing residential parcel.

The CCC has recognized several ways to "generate" a TDC (that is, to assemble the equivalent of one developable parcel which can then be restricted to open space). For instance, in a small-lot subdivision, a credit will be considered generated according to a formula which measures the buildability of the site. To qualify property as a TDC generator, site-specific soil studies, percolation tests, and the like are not typically performed, due to the often considerable expense which such tests involve. Instead, the formula is based on the criteria of slope, road access, and water service, which can be measured without undue expense to the property owner.

The number of small lots required to equal one TDC depends on the application of the formula to the lots in question: the more gentle the slope, the greater the credit value of the lots, since a more generous dwelling could be constructed. For example, one or more lots capable of supporting a small-to-medium sized dwelling (one with 1,500 square feet of floor space) are determined to generate one TDC.

Where small lots are less suited to development, TDCs may be generated based on their size rather than slope. Thus, the second way of generating a TDC would be based on 500 square feet of credit for each lot of at least 4,000 square feet of area; three such lots, generating 1,500 square feet of credit, are considered to generate one TDC.

A third way to generate TDCs, for lots smaller than 4,000 square feet, is to assign a value of one TDC for any combination of lots adding up to a total of one acre. The assumption here is that an acre of land, even if steep, can probably accommodate at least a small dwelling. Of course, if the property were determined to be completely unbuildable, no TDCs would be generated, since the whole point of the program is to avoid development that could otherwise occur.

However TDCs are generated, the mechanism by which development potential is extinguished is recordation of an offer to dedicate an open space easement. In general, the open space easement allows no development as defined by the Coastal Act, except for removal of vegetation that constitutes a fire hazard, installation of underground utility lines or septic systems, passive public recreational use, directional or no-trespassing signs, and fences which are necessary to protect natural resources and/or private property. Residential use, as a primary use, is not allowed, although some easements allow uses associated with a residence, such as corrals or decks. Such ancillary uses are appropriate where the underlying fee interest in the land is under the ownership of an adjacent homeowner who can assume the necessary responsibility for property taxes and weed abatement. In other instances, where other public land holdings are adjacent or nearby, fee ownership of the land is turned over to a public agency, such as the California Department of Parks and Recreation.

Existing regulations generally limit development in the MF and MFBF zones to one unit per existing parcel unless development credits are obtained. The developer of the recipient site must purchase development credits on a unit-for-unit basis to attain the maximum 89 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-23 August/September 2024
density allowed in the MF and MFBF zones. LCP regulations specifically exempt lowincome units from the requirement to purchase TDCs; therefore, this policy does not represent a constraint to the development of affordable housing.

Short-Term Rentals
Municipal Code Chapter 17.55 (Short-term Rental of Property) allows short-term rental of residential property subject to obtaining a short-term rental permit from the City. The City is currently working on a short-term rental ordinance that balances the need for overnight accommodations and the availability of long-term rental housing.

Inclusionary Housing Requirements
The City has no inclusionary housing requirements.

7.4.1(b) Development Processing Procedures
Residential Permit Processing/Coastal Development Permits State planning and zoning laws provide permit processing requirements for residential development. Within the framework of State requirements, including the Coastal Act, the City has structured its development review process in order to minimize the time required to obtain permits, and ensure that projects receive careful review.

All residential development is reviewed by City staff for LCP/ MMC and Building Code compliance prior to the issuance of building permits. These reviews are conducted concurrently with the planning review process, which shortens the overall processing time:

City Biologist/Environmental Review Board: Biological review is required by the LCP if a project is near an environmentally sensitive habitat area (ESHA) or includes landscaping. The City Biologist reviews all new residential projects to determine whether they should be reviewed by the Environmental Review Board (ERB). The City Biologist’s review typically takes three weeks. If the City Biologist determines that ERB review is required, then the process typically extends another several months.

Additionally, the review process may be extended if the application includes the installation of 2,500 square feet of landscaping, as the project must be reviewed for conformance with the MMC Landscape Water Conservation Ordinance per State requirements.

City Coastal Engineer: The City Coastal Engineer reviews projects that are located along the coast and can be potentially affected by tidal forces. Although the requirement that the application include a wave uprush report pursuant to LCP requirements can extend the permit process, and thereby raise the cost of residential development, these reports are necessary to ensure public safety. On average, the Coastal Engineer will respond within one month of receiving submitted materials. The entire review process varies greatly depending upon the complexity of the project and the promptness of the applicant’s consultant.
90 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-24 August/September 2024
City Environmental Health Administrator: The City Environmental Health Administrator reviews the adequacy of on-site wastewater treatment systems (OWTS) for all those properties in the City that are not served by a wastewater treatment plant pursuant to LCP requirements. Review by the City Environmental Health Administrator is necessary because the City has no public sewer system except for a small portion of the City in the Civic Center area and approximately 84% of the dwelling units in the City have no access to a local/ neighborhood sewer system at this time. The entire review process varies greatly depending upon the complexity of the project and the promptness of the applicant’s consultant.

City Geologist and City Geotechnical Engineer: Due to complex geologic and geotechnical conditions in the City, development is subject to review by the City Geologist and/or City Geotechnical Engineer. Although the requirement that the applicant submit geological and geotechnical reports can extend the permit process, and thereby raise the cost of residential development, these reports are necessary to ensure public safety and are required by State building codes. On average, the City Geologist and / or City Geotechnical Engineer will respond within one month of receiving submitted materials. The entire review process varies greatly depending upon the complexity of the project and the promptness of the applicant’s geotechnical consultant.

City Public Works Department: The City’s Public Works Department is responsible for reviewing projects that include grading, drainage, demolition and right-of-way improvements. On average, comments will be provided by the Public Works Department within one month of submittal. The entire review process varies greatly depending upon the complexity of the project and the promptness of the applicant’s geotechnical consultant.

Additional reviews: Although additional reviews may not be required for all applications, reviews by the City Engineer, Los Angeles County Fire Department, Los Angeles County Waterworks District No. 29 (District 29), California Department of Fish and Wildlife, California State Lands Commission, and California Department of Transportation may be required so that appropriate conditions can be placed on projects. The amount of time required for review varies depending on the complexity of the project.

Administrative CDP applications are reviewed and decided upon by the Planning Director. All other CDPs are decided upon by the Planning Commission pursuant to Government Resource Code Section 30624. CDPs are subject to conditions to ensure conformance with the LCP. The following findings are required for CDPs:

A. That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with certified City of Malibu Local Coastal Program; and
B. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976.

C. The project is the least environmentally damaging alternative. 91 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-25 August/September 2024
D. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the Malibu LIP (ESHA Overlay), that the project conforms with the recommendations of the Environmental Review Board, or if it does not conform with the recommendations, findings explaining why it is not feasible to take the recommended action.

All residential projects require an Over-the-Counter (OC) permit, an Administrative Plan Review (APR), or a Coastal Development Permit (CDP). OC permits are issued for such projects as free-standing garden walls, on-grade patio slabs, interior remodels and other smaller residential improvements. APR permit-eligible projects include those that are exempt from requiring a CDP. A list of exemptions from a CDP are provided in LIP Section

13.4 and include improvements to single-family residences, such as the addition of garages, swimming pools, fences, storage sheds, certain types of landscaping, and a minimal amount of grading. Typically, projects located on beachfront properties do not qualify for an APR permit. A CDP is required for projects that are not exempt and ensures that development within the Coastal Zone (the entire City of Malibu) is consistent with the LCP, the California Coastal Act, and California Code of Regulations Title 14 Division

5.5. Other discretionary requests, such as a site plan review, minor modification, conditional use permit, string-line modification, or variance, are processed concurrently with an APR or a CDP. The CDP findings listed above are not subjective and are not a constraint to development. Moreover, the required discretionary review by the Planning Commission is necessary for compliance with the California Coastal Act.

Site Plan Review and Minor Modifications

1. A Site Plan Review (SPR) or Minor Modification (MM) may be processed concurrently with a CDP application to permit a deviation from standards required in the LCP. The following applications may be considered for SPR:

2. That the project is consistent with policies and provisions of the Malibu LCP.

3. That the project does not adversely affect neighborhood character.

4. That the project provides maximum feasible protection to significant public views as required by Chapter 6 of the Malibu LIP.

5. The proposed project complies with all applicable requirements of state and local law.

An MM may be granted to authorize the following:

1. Reduce setback and open space requirement by no more than 20%, except that front yard setbacks may be reduced by no more than 50% and side setbacks shall not be reduced where part of a required view corridor.

2. Approve alternative to water saving fixture requirements upon the recommendation of the Building Official.

3. Approve a stringline modification request authorizing the use of an alternative stringline where the application of the stringline rule results in a stringline substantially inconsistent with adjacent development. The modification can result in selecting a different stringline end point than the nearest adjacent corner on the closest upcoast or downcoast property, or selecting the stringline end point 92 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-26 August/September 2024
on the next upcoast or downcoast property, which the Planning Manager has determined appropriate.

The following findings are required for the approval of an MM application:

1. That the project is consistent with the policies of the Malibu LCP.

2. That the project does not adversely affect neighborhood character.

3. The proposed project complies with all applicable requirements of state and local law.

4. If the request involves a stringline modification, that the proposal conforms to the following:
a. The development will not be closer to the ocean than a structure of the same type on either adjacent property or a structure used in the stringline determination;
b. The development will not result in conferring a privilege not enjoyed by an adjacent structure;
c. Strict compliance with the requirements of Section 3.6.G (3) of the LIP would deprive the property owner of reasonable use of the structure or a use which is enjoyed by one or more adjacent structures; and
d. The project provides maximum feasible protection to public access, as required by Chapter 12 of the LIP.

SPR and MM applications are reviewed concurrently with the CDP and do not prolong the application review process. However, the SPR and MM finding “That the project does not adversely affect neighborhood character” is subjective and considered a constraint to the application review process. The City will revise the SPR findings to remove the neighborhood character finding and establish strategies to protect scenic, visual, and hillside resources and promote approval certainty for proposed multi-family development with heights over 18 feet, as directed by Program 4.3.b.

The purpose of this notice requirement is to provide the agency with a final opportunity to hold a public hearing and make a decision. If the Permit Streamlining Act is invoked because the City does not act within the required timelines, the City could schedule a hearing within the timeline and act on the CDP application and the CDP can be appealed to the CCC. The City currently meets the timelines below and complies with the Permit Streamlining Act including streamlining determinate with 30-day CEQA determination:

A. 30 days to deem application complete/incomplete
B. 30-day period restarts with each resubmittal on an incomplete application.

C. 30 days to make environmental determination after an application is deemed complete
D. 60 days after the environmental determination, including a finding that the project is exempt from CEQA, the City must take action to approve or disapprove the project. Applicants can agree to an additional 90 days to take action. 93 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-27 August/September 2024
SB 35
In the 5th Cycle Housing Element reporting period (2015-2023), the City of Malibu made insufficient progress toward their Lower Income RHNA (Very Low and Low Income) and is subject to SB 35 streamlining provisions for projects that include at least 50% affordability.

SB 35 requires that eligible projects be reviewed for compliance and consistency with the City’s objective standards and are not subject to discretionary processes, such as CEQA environmental review and public hearings. Eligible projects with 150 units or fewer must be approved within 90 days and projects with more than 150 units must be approved within 180 days.

Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general plan or zoning provisions, and comply with other requirements such as locational and demolition restrictions. A local government that has been designated as subject to the Streamlined Ministerial Approval Process by the Department shall provide information, in a manner readily accessible to the public, about the locality’s process for applying and receiving ministerial approval, materials required for an application and relevant objective standards to be used to evaluate the application. A local government cannot impose application requirements that are more stringent than required for a final multifamily entitlement or standard design review in its jurisdiction.

Since 2018, no projects have been applied for or approved through SB 35 ministerial approval. In addition, AB 1397 requires that 5th cycle opportunity sites re-used in the 6th cycle and identified to accommodate lower income units (Very Low-Income and LowIncome) be subject to by-right approval if projects include 20% affordable units for lower income households on-site. Currently the City of Malibu does not have written procedures for SB 35 Streamlined Ministerial Approval Process. Malibu will develop written procedures for SB 35 as noted in Housing Plan Program 4.2.c.

Permit Processing Times
Processing times vary and depend on the size, complexity, and location of the project.

APR projects are reviewed and approved by the Planning Director. CDPs are separated into two types – Administrative CDP (ACDP) and full CDP. Administrative CDPs are reviewed and approved by the Planning Director and reported to Planning Commission.

A regular CDP requires a public hearing per LCP requirements and is approved by the Planning Commission. Some discretionary requests, such as conditional use permits and variances, require a public hearing before the Planning Commission. Projects that involve potential impacts to ESHAs may also be reviewed by the City’s ERB prior to a decision by the Planning Director or Planning Commission. This process typically adds from one to two months to the permit process. The City does not require architectural review; however, the LCP requires a visual impact analysis through the installation of story poles for all projects that are visible from a scenic area or include a discretionary request unless waived by the Planning Manager.

Tentative parcel maps and tentative tract maps require approximately six to eight months to process and both are processed concurrently with a CDP. However, review time depends greatly on the promptness of the applicant. Projects reviewed by the Planning Commission and the City Council, such as amendments to the General Plan, LCP and MMC, typically add, at a minimum, six months to the process. 94 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-28 August/September 2024
Certain steps of the development process are required by State rather than local laws.

The State has defined processing deadlines to limit the amount of time needed for review of required reports and projects. In an effort to provide an efficient permit processing system, the City has implemented the following time- and cost-saving developmental processes:
• Prepared permit processing guidelines to assist residential builders in applying for development permits.
• Located all City divisions involved in the permitting process in one central location. • Updated the referral process for projects requiring review by outside agencies, such as the County of Los Angeles Fire Department and Water District No. 29, to reduce confusion and burden on the applicant.
• Developed an “early consultation” pre-application process to identify issues as soon as possible and reduce processing time, if requested. • Encouraged processing of one comprehensive project to avoid multiple applications on one property.
• Provided a GIS (Geographic Information System) application on the City’s website with land use information and hyperlinks to important information, such as General Plan and Zoning Code documents.
• Allowed for planning-related inquiries to be addressed Mondays through Fridays at the public counter and through a Planning Department telephone and email hotline.
• Adopted a concurrent submittal program through which projects can be reviewed by the Planning Department and the Building Safety Division at the same time.

While the City has adopted procedures to minimize the review time for development applications, such as concurrent processing of all related applications, the additional complexity of Coastal Commission involvement and sensitive environmental conditions on nearly every site results in more lengthy processing times than is often the case in noncoastal areas. While lengthy review procedures can present a constraint to housing development and affordability, the City has few options for expediting permits that have not already been implemented or do not require significant financial investment.

The length of time between receiving approval for housing development and submittal of application for building permits varies based on several factors and typically ranges from two weeks to several months.

Table 7.4-6 summarizes the review process for single-family and multi-family projects. 95 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-29 August/September 2024
Table 7.4-6
Permit Processing Steps
Single-Family Projects Multi-Family Projects
Example: 5-lot subdivision with development Example: 5-unit apartment building

1. Pre-application consultation-optional (staff) – 2 weeks 1. Pre-application consultation-optional (staff) – 2 weeks

2. Review application for completeness by all City and
appropriate County agencies – 12 weeks

2. Determine if any affordable unit are to be incorporated and review Affordable Housing Density Bonus options as
requested

3. Board hearing for the application (Subdivision Review Committee) – 4 weeks
3 Review application for completeness by all City agencies – 12 weeks

4. Tentative tract map/CDP approval (Planning Commission) – 4 weeks

4. CDP review (Planning Commission or Planning Director) – 4 weeks

5. Final map approval (City Council) – 6 weeks 5. Building plan check (ministerial) – 8 weeks

6. Building plan check (ministerial) – 8 weeks 6. Building permits (ministerial) – 1 week

7. Building permits (ministerial) – 1 week
Total Time Estimated = 37 weeks (9.25 months) of active staff time
Total Time Estimated = 27 weeks (6.75 months) of active staff time
Source: City of Malibu Planning Department, 2021
Notes: Process assumes that the project is consistent with the General Plan and LCP and does not include time spent on redesign or waiting for response to comments.

Environmental Review
Environmental review is required for all development projects under the California Environmental Quality Act12 (CEQA). The City reviews all applications for compliance with CEQA and ensures that environmental review is consistent with Public Resource Code sections 21080.1 and 21080.2. Once the application is deemed complete, staff recommends the appropriate level of environmental review within 30 days. An Environmental Impact Report (EIR) is required for all developments that have the potential of creating significant impacts that cannot be mitigated. Typically, residential projects in the City are either Categorically Exempt or require an Initial Study and Negative Declaration or Mitigated Negative Declaration under CEQA. Most applications for residential projects are single family dwellings that are categorically exempt pursuant to Section 15303(e) of CEQA. The Negative Declaration process typically takes six to eight weeks to prepare, plus the mandated public review period. Categorically Exempt developments, such as ADUs, require a minimal amount of time. As a result, while Statemandated environmental review can pose a constraint to housing development, the City does not have the authority to modify these requirements. Affordable housing development on the AHO sites would not be subject to CEQA if the project meets the requirements to develop by right and without discretionary approval. 12 California Public Resources Code §21000, et seq.
96 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-30 August/September 2024

7.4.1(c) Development Fees and Improvement Requirements
State law limits the amount of fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies in order to cover the costs of processing permit applications and providing services and facilities such as schools, parks and infrastructure. Almost all of these fees are assessed through a pro rata share system, based on the magnitude of the project's impact or on the extent of the benefit that will be derived.

Table 7.4-7 provides a list of fees the City charges for new, standard residential development. Table 7.4-8 and Table 7.4-9 provide a summary of fees charged for a typical single-family and multi-family project. The rates charged by the City are inclusive and based on standardized unit sizes. Because of environmental and infrastructure constraints, residential development consists primarily of infill projects that do not involve LCP, MMC or General Plan amendments. Development fees will vary from project to project but are currently estimated to be approximately $41,215.25 per unit for singlefamily units and $29,991.40 per unit for multi-family units. In comparison, development fees for other coastal cities such as the City of Santa Monica are estimated to be approximately $35,870 per unit for single-family units and $124,588.59 per unit for multifamily units. The City of Manhattan Beach development fees are estimated to be about $26,980 per unit for single-family units and $97,793 per unit for multi-family units. The City of Malibu has higher fees for single family units but much lower multi-family unit fees than other similar coastal cities.

The City annually evaluates the actual cost of processing the development permits when revising its fee schedule.

After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on-site and off-site improvements necessary to serve their projects.

Such improvements may include water and other utility extensions, street construction and traffic control device installation that are reasonably related to the project.

Dedication of land or in-lieu fees may also be required of a project for improvements to the right-of-way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act13.
13 California Government Code §§66410-66499
97 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-31 August/September 2024
Table 7.4-7 Planning and Development Fees
Fee Category Fee
Planning and Application Fees
Coastal Development Permit– New Single-Family Residence $11,579 Coastal Development Permit– Subdivision and Parcel/Tract Map $17,981 Coastal Development Permit - Multi-Family Attached Residential Development (2-4 Units) $200 per hour Minor Modification $1,192
Site Plan Review for height/ others $3,499/$2,981
Variance $3,578
Conditional Use Permit (Major) $4,652
Conditional Use Permit (Minor) $1,988
General Plan Amendment $200 per hour
Zoning Text Amendment $200 per hour
Local Coastal Program Amendment $200 per hour
Referral Fees
Geology (Major) $5,389
Coastal Engineering (standard project) $1,876
City Biologist $1,720
Environmental Health (Specialist Review) $2,493
Public Works (CDP) $254 per hour
Environmental Review
Categorical Exemption $75
Negative Declaration $200 per hour
Negative Declaration - Mitigated $200 per hour
Environmental Impact Report Cost = 30%
Environmental Review Board Analysis $3,181
Source: City of Malibu Planning Dept., 2023
98 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-32 August/September 2024
Table 7.4-8
Planning and Development Fee Example
Single-Family Development
Fee Category Fee (per unit)*
Planning and Development Fees
Coastal Development Permit with ESHA $11,579
Site Plan Review for height $3,499
Geology $5,389
City Biologist $1,720
Environmental Health $2,493
Public Works $2,700
Environmental Review Board Analysis $3,181
Categorical Exemption $75
Impact Fees
Fire protection fee - $0.1345 per square foot $336.25
Park fee - $4,401 per single-family residence*** $4,968 School impact fee ($2.11/sq.ft.) $5,275
Total per unit fees $41,215.25
Estimated portion of total development cost** 3%
Source: City of Malibu Planning Dept., 2021
*Based on a 2,500-sq.ft. single-family house on a 1-acre lot ** Based on development cost of $1,200/sq.ft (excluding land cost) *** Park fee is charged the first time the property is developed from vacant land, demolition of an existing structure does not trigger the requirement for payment
99 City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-33 August/September 2024
Table 7.4-9
Planning and Development Fee Example
Multi-Family Development
Fee Category Fee (per unit)*
Per-unit Planning and Development Fees
Multi-Family Residential Development $200 per hour and $20,000 Deposit Conditional Use Permit (Major) $4,652
Site Plan Review for height $3,499
Geology $5,389
City Biologist $1,720
Environmental Health $2,493
Public Works $2,700
Categorical Exemption $75
Impact Fees
Fire protection fee - $0.1345 per square foot $161.40
Park fee $3,938
School impact fee ($4.47/sq.ft.) $5,364
Total per unit fees 29,991.40
Estimated portion of total development cost** 4%
Source: City of Malibu Planning Dept., 2021
*Based on a 3-unit project of 1,200-sq.ft. units on a 20,000-sq.ft. lot **Based on development cost of $1,200/sq.ft (excluding land cost) The City requires the payment of three impact fees prior to the issuance of building permits: the Los Angeles County Fire Department Developer Fee, the Santa Monica – Malibu Unified School District (SMMUSD) Developer Fee, and the Quimby Act/Parkland Development Fee. The Fire Department Developer Fee was initiated by the Los Angeles County Fire Department and is the same fee charged by most of the cities and in the unincorporated areas of the county surrounding the City of Malibu. The fee is necessary to assure adequate fire equipment and services are available as Malibu is designated as a Very High Fire Hazard Severity Zone. The fee is $0.1345 per square foot of new construction. The School District Developer Fee was initiated by the SMMUSD and is used to fund school improvements in the district. The fee is $4.47per habitable square foot of new residential (both single-family and multi-family) construction. The Quimby Act/ Parkland Development Fees are designed to ensure that new development meets local park space obligations. The Quimby Act fee is applied to new subdivisions while the Parkland Development Fee applies to new construction other than subdivisions. The Parkland Development Fees are $4,968 per single-family unit, $3,938 per unit in a multifamily project containing less than five dwelling units per building, and $3,159 per unit in a multi-family project containing five or more units per building. These fees are typical of other cities in environmentally constrained areas and are not considered to be a constraint to development.
100
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-34 August/September 2024
On and Off-Site Improvements
Development and growth in the city are limited by geologic and environmental constraints, steep slopes, and dependence on private OWTS for wastewater management. Public Works facilities that exist in the city include roads and highways, public water and telephone utilities, and all publicly financed recreational facilities. Major capital improvement projects completed by the Department of Public Works in Malibu consist of road repairs, maintenance, and improvements.

The majority of new housing development that has occurred in the city during the previous housing cycle has been single-family homes on infill sites, including large rural estate parcels. These projects typically do not require off-site improvements and are summarized as follows:
• Streets, sidewalks, curbs and gutters, street signs, landscaping: Malibu’s roadway infrastructure is built out with existing 20- to 26-foot-wide streets (in accordance with Los Angeles County Fire Department standards), street signs, and landscaping, and sidewalks, curbs and gutters in urban areas of the city, with few opportunities for subdivisions that would necessitate new streets. The City typically does not require off-site improvements to streets, sidewalks, curbs and gutters, street signs, and landscaping for new residential development. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites. Off-site improvements are limited to projects involving encroachment permits or the removal of private improvements within the public right of way.
• Water: Approximately 20 residential properties along Deerhead Road lack sufficient fire flow. Property owners are required to be added to a joint participation agreement to fund installation of a new fire hydrant. Aside from this area, no off-site water improvements are required. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites.
• Sewer: No additional off-site sewer improvements are required for residential development, as almost all properties are served by on-site wastewater treatment systems. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites. • Drainage: The City’s policies and development standards require minimizing impermeable surface area and providing on-site detention on properties to reduce off-site run-off, manage storm water, and protect water quality. Rarely, offsite storm drain improvements are required when the downstream storm drain conveyance devices are inadequate for a 25-year storm event. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites.
• Park dedications: Parks are funded in part by park fees. No additional improvements to parks are required. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites.
101
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-35 August/September 2024
• Utility easements: Utility easements are previously established. No additional offsite utility easements are required. As such, no developer costs are incurred, including for multi-family residential development and future development on the AHO sites.

The City’s roads are vulnerable to damage by winter storms, and considerable expense is required to keep the roads open. Local streets are defined in the General Plan Circulation Element as two-lane, undivided roadways with frequent driveway access and 48- to 58-foot rights-of-way, although many of the City’s canyon access roads have narrower rights-of-way. To maintain the rural character of its residential areas, the General Plan does not require the use of curbs and sidewalks. Malibu’s standards for local streets are modest when compared to more urbanized cities in Los Angeles County and do not act as a constraint to development.

The City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, storm water and wastewater treatment facilities, parks, and other public works projects to facilitate the continued build-out forecast in the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development.

Improvements to street widths, curbs, gutters, sidewalks, water and sewer connections, landscaping, circulation improvement, and any other onsite/offsite improvement are generally not required by the City of Malibu and as such, do not pose constraint to development of housing. Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such requirements due to the limitations on property taxes and other revenue sources needed to fund public services and improvements.

7.4.2 Non-Governmental Constraints

7.4.2(a) Environmental Constraints
Malibu is located on a narrow coastal strand on the southern slope of the Santa Monica Mountains, which are characterized by steep and rugged hillsides and canyons draining into the Pacific Ocean. More than 80% of Malibu is hillside area; the remaining relatively flat land is subject to ocean and/or canyon (creek) flooding, or other significant environmental constraints. Geologic and seismic hazards include landslides, soil erosion, mudflows, and liquefaction potential.

Additionally, the City is located in the Very High Fire Hazard Severity Zone, and the majority of the City has experienced major brush fires in recent decades. On November 8, 2018, the Woolsey Fire broke out in the Chatsworth area north of the 101 Freeway and reached Malibu on November 9, 2018. The Woolsey Fire was largest fire Los Angeles County history and the most disastrous event ever in Malibu. In one week, the fire burned approximately 90,000 acres throughout the Santa Monica Mountains area and destroyed 488 single-family homes in Malibu.

The City’s environmental constraints are well documented in the General Plan. Since its incorporation in 1991, the City of Malibu has had six federally declared disasters and one federally declared emergency.
102
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-36 August/September 2024
Although the City is characterized by a large amount of vacant land, only a small portion of that land is suitable for development due to these natural constraints. Development in steeply sloping properties would require substantial modification to the natural terrain, which would significantly add to the cost of development. Development on the steep hillsides would also add to erosion and landslide potential. Additionally, all new singlefamily residences and multi-family residential development in the City require a CDP pursuant to the development requirements of the LCP, which limit grading on steep slopes and encroachment into environmentally sensitive habitat areas (ESHAs).

Development is also constrained by federal and state laws (e.g., Federal Emergency Management Agency floodplain regulations, Clean Water Act, Endangered Species Act; and California Fish and Game Code and Alquist-Priolo Earthquake Fault Zoning Act).

While environmental conditions constrain development throughout the city, these factors have been considered in the analysis of potential development sites described in Appendix B.

7.4.2(b) Infrastructure Constraints
Infrastructure in the City is designed to serve resident needs in a manner that respects environmental constraints and retains the City’s rural residential character. As discussed previously under Development Fees and Improvement Requirements, the City requires developers to provide on-site and off-site improvements necessary to serve their projects.

Dedication of land or in-lieu fees may also be required of a project for rights of way, transit facilities, recreational facilities, and school sites, consistent with the Subdivision Map Act.

Additionally, the City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, public structures, storm water conveyance and wastewater treatment facilities, parks and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. As a result of these policies, any infrastructure constraints that currently exist must be fully mitigated and financed as growth occurs. While on- and off-site improvements such as infrastructure requirements can add to the cost of housing, these improvements are necessary to ensure public health and safety and would not preclude the level of development that is necessary to accommodate the city’s housing needs.

Wastewater
There is no municipal sewer service in the City. All properties in the City are currently served by individual on-site wastewater treatment systems (OWTS); with the exception of those properties served by six small, community-serving package wastewater treatment plants: Point Dume (serving the Point Dume Mobile Home Park), Trancas Canyon (serving Malibu West and a number of homes on Broad Beach Road and Victoria Point), Malibu Mesa (at Pepperdine University, serving the Malibu Country Estates), Tivoli Cove Condominiums, Maison de Ville (serving three condominium complexes) and the Civic Center Water Treatment Facility (CCWTF).

The California State Water Resources Regional Board prohibited on-site wastewater disposal systems (septic systems) in the Malibu Civic Center area in 2009. The City built a treatment plant to serve the Civic Area that went online in 2018. Existing commercial and residential properties connect to the treatment plant in phases. The properties within 103
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-37 August/September 2024
Phase 1 of the Civic Center Water Treatment Facility are included in a special assessment district. Each property has its allocated wastewater amounts based on its usage. The amount of wastewater that can be generated from the property cannot be modified unless the City Council elects to approve the additional wastewater allocations. From that, the proposed development would be required to pay any additional fees and costs. The Public Works Department only requires wastewater off-site improvements for the Civic Center. Multi-family developments are required to build an on-site wastewater facility to serve the complex.

The lack of a municipal sewer system constrains the amount of development that the City can accommodate; however, the underlying constraint is the steep terrain that is better suited to onsite systems than a community sewer system. Additional high-density residential development to accommodate the City’s assigned regional housing need would require either the construction of a municipal wastewater treatment system or small treatment plants to serve individual developments. Water Domestic water for City residents is supplied by District 29 from the Metropolitan Water District of Southern California (MWD), which supplies water through a 30-inch water main that runs along the Pacific Coast Highway with several distribution pipelines. If properties do not have adequate water pressure for fire flow to serve the property, then they are required to enter into a Participation Agreement with the Waterworks district. The necessary work required may include a variety of improvements such as adding a pressure pump to enlarging an existing pipe.

The MWD obtains its water from the State Water Project and the Colorado River.

Wholesalers of water in the Malibu/Santa Monica Mountains areas are the Las Virgenes Municipal Water District and the West Basin Municipal Water District. These wholesalers distribute to three retailers, which include District 29, Silvas Park Mutual Water Company, and Las Virgenes Metro Water District. The MWD in its 2020 Urban Water Management Plan determined that it has supply capabilities sufficient to meet expected demands from 2025 through 2045 in normal and five-year drought conditions.14 Therefore, there is sufficient existing and planned water capacity to accommodate the RHNA.

Many of the City’s water mains and tanks have been identified by the City and by District 29 as severely undersized. However, for projects located in areas with limited to no service by District 29, property owners may install water tanks to serve the property’s needs. Low water pressure has been reported in the low-density RR zone. However, the current water capacity can sufficiently accommodate the proposed RHNA sites. There is no evidence of low water pressure in the MF zone.

The Los Angeles County Fire Department (LACFD) has recently adopted new water supply requirements for the issuance of final approval. New construction projects will not receive final approval unless they can show adequate fire flow capacity. Furthermore, the Fire Department will no longer accept onsite water tanks to be used as a primary source of water for fire-fighting purposes. The problem with these new requirements is that the majority of remaining vacant properties in the City are located within the mountain canyons. These properties do not have ready access to water lines; therefore, they cannot prove adequate fire flow.
14 MWD. 2020. https://www.mwdh2o.com/media/21641/2020-urban-water-management-plan-june-2021.pdf 104
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-38 August/September 2024
The problem has been compounded by the aging water infrastructure in District 29. In many of the more remote areas of the City, there is no infrastructure. In the past, properties in these areas have relied upon wells and/or large water storage tanks to provide water in times of fire.

Currently, the LACFD will not issue final approval without District 29 sign-off and LACFD approval. The City is in negotiations with both departments but has not rectified the problems to date.

To offset infrastructure costs, the City will implement Program 3.1.f. to acquire funds to support the development of affordable housing.

Storm Water Drainage
The City has numerous streams and creeks that drain the hillsides and canyons. The majority of storm water runoff follows natural drainage courses to the ocean. The City has two storm water treatment projects to remove pollutants: Paradise Cove Storm Water Treatment Facility and the Civic Center Storm Water Treatment Facility, which is tied into Legacy Park. The LIP includes provisions to ensure development projects will not result an increase of storm water runoff. The City Public Works Department reviews hydrology reports for all new development to ensure compliance with storm water runoff provisions; therefore, with these existing facilities and review procedures in place, the City’s flood control system is not expected to limit development during the planning period.

Roads
The Los Angeles County Fire Department reviews development projects for conformity to fire safety standards. LACFD requires developments to ensure that the onsite and offsite roadways meet maximum grade and minimum street width requirements. Streets that serve two or more homes must have a minimum street width of 26 feet to allow vehicles to park on the street and allow access for the Fire Department truck. Exceptions for width are allowed with Fire Official approval. Additionally, fire apparatus access roads shall not exceed 15% in grade with the exception for fire apparatus access roads that serve no more than two single-family dwellings which shall not exceed a maximum grade of 20% when approved by the fire code official.

Land and Construction Costs
Land represents one of the most significant components of the cost of new housing. Land values fluctuate with market conditions, and changes in land prices reflect the cyclical nature of the residential real estate market.

The natural resources, commitment to a rural character, and location of the City has made Malibu a very desirable place to live. Additionally, most of the buildable land in the City has already been developed. The high demand for housing in the City combined with a limited supply has made land prices considerably higher than in most other areas of Los Angeles County, and this trend is expected to continue in the foreseeable future.

A recent survey of vacant land offered for sale found asking prices of approximately $100,000 to $15 million.

The cost of construction is affected by the price of materials and labor, development standards, and general market conditions. The City has no influence over the cost of 105
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-39 August/September 2024
materials and labor, and the building codes and development standards are not substantially different than most other cities in the County. Construction costs for materials and labor in the City have increased at a higher pace than the general rate of inflation, according to the Construction Industry Research Board. The estimated residential construction cost in Malibu is $1,200 per square foot.

7.4.2(c) Cost and Availability of Financing
The crisis in the mortgage industry that accompanied the Great Recession affected the availability of real estate loans, although for those with excellent credit, mortgage interest rates are at historic lows. However, the changes in mortgage underwriting standards have had greater impacts on low-income families than other segments of the community.

Under State law, it is illegal for real estate lending institutions to discriminate against entire neighborhoods in lending practices because of the physical or economic conditions in the area (“redlining”). The City is not aware of any evidence that redlining is currently practiced in the City.

7.4.2(d) Developer Timing
As described above in section 7.3.1 (b), residential projects take an average of 27-37 weeks to process. After the entitlement is approved the plans must be approved by various departments through plan check then once approved the building permit may be issued. The average number of days from entitlement to building permit is about 1.5 years, based on a review of projects from the past 12 months. This includes an average of six months for the applicant to submit their plans to Building and Safety for plan check after the entitlement approval and an average of one year from plan check submittal to permit issuance.

As mentioned in the infrastructure and environmental sections, Malibu faces various nongovernmental constraints such as lack of sewer infrastructure which requires the developer’s engineer to design a septic system for each residential unit rather than just connecting to the sewer lines. Additionally, geotechnical issues such as steep slopes also add to the time it takes the developer and their team to design the plans to ensure that the steep slopes are graded safely to not cause environmental issues.

7.4.2(e) Ability to Develop at Density Potential
The City of Malibu is located entirely within the California coastal zone, and all development is subject to the LCP to preserve and protect sensitive coastal resources.

The land use controls implemented through the LCP are typically more stringent than non-coastal cities and add to the cost and constrain the supply of housing within Malibu.

However, LCPs are required for all jurisdictions within the California coastal zone and many of the policies included and the additional processes required may constrain development, but are necessary to comply with state requirements and protect coastal environmental conditions.

Most projects planned for development in Malibu, as noted in Table B-2 in Appendix B, Residential Land Inventory, are being developed at full density potential. The table demonstrates that almost all planned developments are single-family homes or ADUs in 106
City of Malibu 2021-2029 Housing Element 7.4 Constraints

7.4-40 August/September 2024
single-family residential zones except for one duplex, mostly in the Rural Residential (RR) zone. No multifamily developments have been proposed within the past 10 years, which is largely driven by the market demand and developers choosing to develop single family homes rather than multi-family. The City will monitor, promote, and support higher density achievement through Program 3.1 – Facilitate Affordable Housing Development and Housing Assistance Opportunities and Program 3.4 – Density Bonus. 107
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-1 August/September 2024

7.5 Housing Plan

7.5.1 Goals, Objectives, Policies, and Implementation Programs This chapter outlines the City of Malibu's goals, policies and programs to encourage the provision of adequate housing to meet the needs of residents from all economic segments throughout the 2021-2029 planning period. The overriding housing goal of the City is:

GOAL: Adequate Housing for the Existing and Projected Needs of All Economic Segments of the Community
The City’s policies and implementation programs designed to support this goal are organized into four general areas as described below.

1. Preserve, Conserve, and Improve the Existing Housing Stock Policy 1.1 Ensure compliance with existing codes to protect health, safety and community sustainability
Policy 1.2 Assist property owners in repairing or rebuilding damaged or deteriorated housing units, especially affordable housing Policy 1.3 Preserve existing mobile home parks as an important source of affordable housing
Policy 1.4 Conserve affordable housing in the Coastal Zone Program 1.1 – Code Enforcement
For code violations in units that are occupied by lower-income persons or persons with special needs, the City will direct property owners and renters to programs that are available to provide assistance. Offer amnesty from code enforcement fines and legalization for existing housing units that violate City code where:
1) The unit is “livable” and meets basic health and safety requirements 2) The unit existed at the time of the City’s incorporation; and 3) The unit is restricted for owner-occupancy or rental by low- or moderateincome persons at an affordable rate.

Responsible department: Planning Department
Funding source: General Fund; permit fees
Objective: 1.1.a Disseminate information to residents about code enforcement and amnesty information for
the after-the-fact approvals of existing housing
108
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-2 August/September 2024
units that may be able to meet building, health
and safety standards.
• Maintain current information on the City’s
website about code enforcement and
amnesty. Include information in a social
media campaign on housing resources
annually and provide handouts at public
events, prioritizing outreach to eastern Malibu.

Timeframe: Update the City’s website as needed
throughout the planning period and conduct
social media campaign on housing resources
annually.

Geographic targeting: Citywide implementation
but targeted to neighborhoods with a
concentration of older or fire destroyed housing
Program 1.2 – Rebuilding Assistance
The City currently waives fees for fire rebuilds for all fire victims who were the primary property owners when the fire occurred. In September 2023, the City adopted a resolution to extend the fee waiver program for an additional three years. Eligible waived fees also include fees required for replacement or upgrade of onsite wastewater treatment systems (OWTS), damaged or destroyed accessory structures, hardscaping, and landscaping. The City will expedite permit processing and provide special assistance to homeowners seeking to repair or rebuild homes that have been lost or damaged in a fire, flood or other disaster, especially units that accommodate low- and moderate-Income households, elderly, disabled, large families, single heads of households, farm workers, individuals in need of emergency shelter, and other individuals or household types with special needs, unless those units are located in areas that are physically unsuitable for development. Fire rebuild projects have priority assignment and are assigned to a Fire Rebuild Team (two City staff members and a contract planner).

Responsible department: Planning Department; Building & Safety Division Funding source: General Fund; Federal Emergency Management Agency (FEMA); Office of Emergency Services
(OES)
Objective: 1.2.a Provide technical housing rebuild assistance to lost or damaged homes as needed. When an
application is from a low- or moderate-income
household and/or special housing needs
households, the City shall prioritize that
application for assistance and shall be assigned
to a City staff member to coordinate all
assistance needs.
109
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-3 August/September 2024
Timeframe: Expedite permit processing for low
and/or moderate-income households while the
program is in effect.

1.2.b: As rebuilding assistance is made available,
send email communications to non-profit groups
that provide disaster relief such as Habitat for
Humanity and Rebuilding Together to market
funding availability to low-income and special
needs households.

Timeframe: Email non-profit organizations on an
as-needed basis throughout the planning period.

Geographic targeting: Citywide implementation
but targeted to neighborhoods with a
concentration of fire destroyed housing
Program 1.3 – Housing Rehabilitation Assistance
Provide rehabilitation assistance to existing housing units, prioritizing units that are occupied by, low--income households, elderly households, and/or disabled persons. As funding allows, the City will provide financial assistance for minor home repairs to address health and safety problems, correct code deficiencies, and improve the exterior appearance of homes to prevent housing stock loss and displacement. Priority will be given to housing units identified by Code Enforcement for health and safety violations. The City will also connect qualifying residents with state and regional programs designed to reduce household energy costs, particularly home weatherization programs geared toward lower-income households.

Responsible department: Planning Department
Funding source: Affordable Housing Trust Fund
Time frame: Throughout the planning period
Objectives: 1.3.a Provide housing rehabilitation assistance, such as fee waivers, to lower-income, elderly,
and/or disabled households. Assist at least four
households with repairs made by 2026. Assess
availability of AHTF and other resources to
continue assistance post 2026.

Timeframe: Assist households by 2026.

1.3.b. Promote the City’s housing rehabilitation
assistance programs and disseminate information
regarding preventative maintenance and
energy conservation measures to eligible
homeowners. Maintain current information on the
City’s website. Post information in a social media
110
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-4 August/September 2024
campaign on housing resources annually and
provide handouts at public events.

Timeframe: Update the website and social media
posts annually.

Geographic targeting: Citywide
Program 1.4 – Preservation of Existing Mobile Home Parks The City will maintain the Mobile Home Park Rent Control Regulations Ordinance that regulates maximum allowable rents and limits rent increases. Pursuant to the provisions of Government Code §65863.7, the City requires the submittal of a report detailing the impacts of any proposed mobile home park conversion to a nonresidential use concurrent with the filing of any discretionary permit on such property and impose reasonable mitigation measures upon the park owners.

Responsible department: City Manager’s Department; State of California Funding source: General Fund; registration fees
Objectives: 1.4.a. Pursuant to the provisions of Government Code §65863.7, require the applicant to submit a
report to the City detailing the impacts of any
proposed mobile home park conversion to a
nonresidential use concurrent with the filing of
any discretionary permit on such property and
impose reasonable mitigation measures upon the
mobile home park owners. Ensure compliance
with state regulations in the event of a park
conversion.
• Preserve 541 mobile home units during the
planning period.

1.4.b. City will assess implementation of MMC
Chapter 5.16 regarding the Mobilehome Rent
Park Control Ordinance and conduct outreach
to mobile home park tenants.
• City to mail information to all mobile home
park tenants to increase awareness of the
Mobilehome Rent Park Control Ordinance by
January 2025.

Timeframe: Mail information to mobile home park
tenants by January 2025.

Geographic targeting: Mobile home parks
111
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-5 August/September 2024
Program 1.5 Monitor Affordable Housing At Risk of Conversion to Market Rate There are currently no affordable housing units located in the city and therefore there are no affordable units at risk of conversion to market rate housing. This program is intended to support the preservation or acquisition of any future restricted affordable units and unrestricted affordable units that could potentially convert to market-rate units during the planning period. The City will monitor any future affordable housing units and assist property owners in maintaining the affordability of these units and assist tenants if preservation is unsuccessful to prevent displacement.

Responsible department: Planning Department
Funding source: General Fund
Objectives: 1.5.a. In the event that an affordable housing unit is developed within the planning period, the City
will monitor such units to ensure compliance with
the most recent State affordable housing
legislation, including rent-restricted ADUs and
JADUs.

1.5.b. In accordance with Government Code
§65590, continue to require and annually monitor
the replacement of low- or moderate-income
units that have been removed from the coastal
zone (either by demolition or conversion),
whenever feasible.

Timeframe: Monitor annually.

Geographic targeting: Citywide

2. Provide Adequate Sites
Policy 2.1 Support a range of new housing development commensurate with the City’s needs and consistent with environmental and public service limitations through all appropriate regulatory and administrative mechanisms
Program 2.1 – Adequate Sites to Accommodate Regional Fair Share of Housing Growth
The City was assigned a RHNA of 79 units for the 2021-2029 Housing Element planning period. After accounting for planned and approved projects and projected ADUs, the remaining RHNA units (31 lower-income and 16 moderateincome units) must be accommodated through adequate sites planning. The site inventory capacity analysis found that existing land use designations can accommodate the RHNA on vacant and underutilized land (see Appendix B, Residential land Inventory, for more information). Future residential growth is 112
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-6 August/September 2024
expected to occur on vacant and nonvacant parcels. No publicly owned properties are used to meet the RHNA.

Responsible Department: Planning Department
Funding source: General Fund
Objective: 2.1.a. Maintain an updated inventory of
housing sites and actively promote sites
available for lower- and moderate-income
housing development to potential
developers for the purpose of affordable
housing development. Post information on
the City’s website and update at least once
every six months.

Timeframe: Publish the Sites Inventory on the
City’s website by January 2025 and update
list of available sites annually.

2.1.b. Maintain an updated list of residential
housing developments that have been
submitted, approved, and denied
throughout the housing cycle.

Timeframe: Through the Annual Progress
Report (APR), publish list of developments by
January 2025 and update annually.

2.1.c. Maintain a list of publicly owned
properties that have been designated
surplus land with potential for residential
development in accordance with AB1255
and AB 1486.
• Publish a list of publicly owned sites that
have been designated surplus land on
the City’s website by January 2025 in
accordance with the Surplus Land Act.

Conduct community outreach for
development of these sites by January
2024. Facilitate development on the sites
via a land lease agreement.

Timeframe: Publish on the City’s website by
January 2025.

Geographic targeting: Citywide
113
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-7 August/September 2024
Program 2.2. Monitoring of No Net Loss
Government Code Section 65863, otherwise known as “No Net Loss”, prevents the loss of existing housing and land available for future residential development by ensuring that cities and counties “identify and make available” additional adequate sites if a housing project is approved with fewer units by income category than what is identified in the Housing Element. In compliance with State law, the City will expand and improve upon the ongoing no net loss efforts to develop a procedure to track:
• Unit count and income/affordability assumed on parcels included in the sites inventory
• Actual number of units achieved and income/ affordability when parcels are developed
• Net change in capacity and summary of remaining capacity in meeting remaining RHNA
Unit count and income/affordability are identified in the Sites Inventory (see Appendix B).

Responsible Department: Planning Department
Funding source: General Fund
Objectives: 2.2.a. Monitor the development of vacant and nonvacant properties identified in the sites
inventory and ensure that adequate sites are
available to meet the remaining RHNA by income
category; amend the sites inventory list and
rezone additional properties as needed. If the
City approves a project on the AHO sites that
would result in a loss of existing housing and land
available to accommodate the RHNA, the City
will identify adequate sites to accommodate any
shortfall and/or rezone additional sites to an
appropriate density to accommodate lower and
moderate-income households.

Timeframe: Within 180 days of approval of a
project that would result in a loss of existing
housing and land available to accommodate
the RHNA, the City will identify, or rezone,
“sufficient additional, adequate, and available
sites” to accommodate the remaining RHNA for
each income category.

2.2b. Maintain an updated inventory of
residential housing developments that have
been submitted, approved, and denied.

Timeframe: Update the site inventory annually
every July.
114
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-8 August/September 2024

2.2c. Actively promote, through outreach and
discussions, sites available for lower- and
moderate-income housing development to
potential developers, private and non-profit
organizations, and other interested persons and
organizations. (See 3.1.a)
Timeframe: Annually
Geographic targeting: Citywide
Program 2.3 Replacement Housing
Pursuant to AB 1397 (Adequate Sites) passed in 2017, the City will amend the LIP and MMC to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households are subject to this requirement. Those units shall be replaced with units affordable to the same or lower-income level as a condition of any development on the site.

Replacement requirements shall also be consistent with those set forth in the State Density Bonus Law.

Responsible Department: Planning Department
Funding source: General Fund
Objectives: 2.3.a. Amend the LIP and MMC to establish the replacement requirements pursuant to AB 1397.

Timeframe: Adopt zoning changes by October
14, 2024, and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

Geographic targeting: Citywide
Program 2.4 Support the Development of Variety of Housing Types Government Code Sections 65583 and 65583.2 require the housing element to provide for a variety of housing types including multifamily rental housing, factorybuilt housing, mobile homes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. Providing development opportunities for a variety of housing types promotes diversity in housing price, style, and size, and contributes to neighborhood stability by offering more affordable and move-up homes and accommodating a diverse income mix.
115
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-9 August/September 2024
Responsible Department: Planning Department
Funding source: General Fund
Objectives: 2.4.a Amend the LIP and MMC to allow
transitional and supportive housing in all zones
allowing residential uses, including the CC zone,
as a regular residential use to be similarly
permitted as other uses of the same housing type
in the same zone. Amend the LIP and MMC to
allow supportive housing by right (AB 2162).

Timeframe: Adopt zoning changes by October
14, 2024, and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

2.4.b. Amend the LIP and MMC to allow
residential care facilities for seven or more
persons similar to other residential uses of the
same type in the same zone, with an
administrative permit or without discretionary
review, for persons of any age and allow
operation by for-profit agencies as well as nonprofit agencies. The City will ensure that the findings of an administrative permit are based on
objective standards that do not constrain
development of large residential care facilities
and provide certainty to applicants through the
permitting process.

Timeframe: Complete the necessary code
amendments by the end of 2025 and transmit
adopted LCP amendments to the California
Coastal Commission within one month of
adoption.

2.4.c. Revise the definition of emergency shelters,
remove or increase the individual capacity limit,
and remove the requirement of proximity to a
transit stop and the requirement for adequate
water supply and sewage disposal capabilities for
emergency shelters to meet the requirements of
AB 2339. Remove any requirements that are not
required for other residential uses in the same
zone. Amend LIP and MMC parking regulations
for Homeless and Emergency Shelters and
Navigation Centers to comply with Government
Code section 65583, subdivision (a)(4)(A).
116
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-10 August/September 2024
Timeframe: Adopt zoning changes by October
14, 2024, and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

2.4.d. Amend the LIP and MMC to comply
Government Code section 65661 which requires
a Low Barrier Navigation center to be a use byright in areas zoned for mixed-use and nonresidential zones permitting multifamily uses,
provided specific requirements of the law are
met.

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

2.4.e. Amend LIP and MMC to comply with State
Employee Housing Act, which stipulates that any
employee housing for six or fewer persons should
be treated as a single-family use.

Timeframe: Adopt zoning changes by October
14, 2024, and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

2.4.f. Amend the parking requirements for
studios/1-bedroom and 2 or more-bedroom
multi-family units to reduce the number required
and remove the enclosure requirement.

Timeframe: Adopt zoning changes by October
14, 2024, and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

Geographic targeting: Citywide
117
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-11 August/September 2024

3. Facilitation of Affordable Housing Development
Policy 3.1 The City shall facilitate the development of new housing for extremely low-, very low-, low-, and moderate-income households.

Policy 3.2 The City shall encourage homeownership and housing mobility options.

Policy 3.3. The City shall identify funding sources and strategies to support affordable housing.

Program 3.1. Facilitate Affordable Housing Development and Housing Assistance Opportunities
To accommodate lower-income housing, the MMC and LIP regulations established an Affordable Housing Overlay (AHO) allowing multi-family or mixeduse development by-right at a minimum density of 20 units per acre for projects that include affordable housing. To qualify for the increased density incentive, all “bonus” units (i.e., additional units allowed above the base density of 6 units per acre) must be deed-restricted for low- and moderate-income households for a minimum of 30 years at a ratio of 50% low- and 50% moderate-income. As an alternative, very low-income units may offset the requirement for low-income and moderate-income units1
. Any developer utilizing these incentives shall be required to screen tenants or buyers for compliance with income limits and establish a monitoring system to ensure the unit's continued affordability. This program creates a strong incentive for affordable housing development because of the additional units allowed at 20 units per acre to the base density of 6 units per acre. The allowable density of 20 units per acre does not include the State-mandated density bonus, and it is anticipated that all projects utilizing this option will also qualify for a density bonus.

This program does not represent an “inclusionary” requirement because property owners who do not wish to take advantage of the density incentive would be allowed to develop market-rate housing at the allowable base density of 6 units per acre. Incentives and concessions for ELI units will include a variety of housing types such as SROs and supportive housing. Incentives may include priority processing, density bonus, modified development standards, administrative support with funding applications, and/or fee waivers or deferrals.

Responsible department: Planning Department, Community Services Department
Funding source: Affordable Housing Trust Fund; General Fund 1 For example, a 20-unit qualifying project may provide 7 low-income units, 7 moderate-income units and 6 market-rate units; or as an alternative, 7 very-low-income units and 13 market-rate units. 118
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-12 August/September 2024
Objectives: 3.1.a. Proactively promote affordable housing development on AHO sites. Prioritize contacting
qualified housing developers to identify
affordable housing development opportunities
that serve the needs of special needs
populations, including seniors, homeless, femaleheaded households, large families, low-income, and/or persons with disabilities. Proactively
conduct outreach to qualified non-profit
organizations to develop permanent supportive
housing on AHO sites.
• Coordinate with potential developers at least
once annually to provide information on
density bonus, potential funding sources, and
available incentives. Support the
development of 47 lower-income units and 17
moderate-income units.

Timeframe: Annually.

3.1.b. Provide resources on the City’s website for
affordable housing developers. Information
could include availability of state and federal
funding, state and other local development
incentives, and funding programs that provide
financial assistance to develop affordable
housing for special needs populations.

Timeframe: Annually.

3.1.c. Identify funding available through LACDA,
HCD, and HUD and have a list of options
available for interested developers and
homeowners and post the list on the City’s
website by July 2025. Potential funding programs
may include single- and multi-family affordable
housing rehabilitation programs and
homeownership programs administered by the
California Housing Financing Agency (CHFA).
• Identify at least three different types of
funding available through both State and
Federal resources.

Timeframe: Identify at least three different types
of funding and post on the City’s website by July
2025 and monitor funding on an ongoing basis.
119
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-13 August/September 2024

3.1.d. Promote the Housing Choice Voucher
program to landlords (including ADU owners) and
residents with the goal of increasing the number
of vouchers used.

Timeframe: Establish a list of property owners and
managers of multi-family units and ADUs and mail
information about the Housing Choice Voucher
program and state fair housing law regarding
discrimination based on source of income by
December 2025 and again by December 2027.

3.1.e. Amend the development standards of the
Affordable Housing Overlay Zone as described in
the MMC and LIP to include a maximum density
independent of the state density bonus.

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

3.1.f. Apply for state and federal grants, including
the HCD Infill Infrastructure Grant Program, to
support the development of affordable housing,
including infrastructure improvements, housing
for special needs, and support service projects.

Timeframe: Annually, through the budgetary
process, allocate available funding to offset the
cost of onsite infrastructure improvements to
support affordable housing development, and
apply for funding every other year.

Geographic targeting: Citywide
Program 3.2. Affordable Housing Development Incentives
Responsible department: Planning Department
Funding source: Affordable Housing Trust Fund
Objectives: 3.2.a. Subject to funding availability, provide development subsidy for affordable housing units
with an effort to locate such housing near transit
and essential services.

Timeframe: Annually, through the budgetary
process, allocate available funding to support
affordable housing development.

Geographic targeting: AHO sites
120
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-14 August/September 2024
Program 3.3. Housing for Persons with Special Needs
The MMC is periodically updated to address a wide range of issues and California and federal law. The City will monitor its policies, standards, and regulations to ensure that they comply with applicable law. The City will also facilitate development that serves the needs of special needs populations, including seniors, homeless, female-headed households, large families, and persons with disabilities, including developmental disabilities.

Responsible department: Planning Department
Funding source: Affordable Housing Trust Fund
Objectives: 3.3.a. Prioritize AHTF assistance to nonprofit developers for affordable housing projects that
provide units that serve the needs of at least one
special needs group by creating scoring criteria
that encourage the inclusion of units and services
needed to support individuals with special needs.
• Subject to the availability of funds, support at
least one affordable housing project during
the planning period.

Timeframe: Ongoing.

3.3.b. Support services that meet the needs of
City residents, especially extremely low-income
households and special housing needs
populations, that support mobility options and
housing choices.
• Allocate $127,500 in FY 2023-24 to the Ventura
Transit Systems for Dial-A-Ride services to
seniors (60 years and older) and disabled
residents. Annually consider allocations and
continue the service throughout the planning
period as funding allows.
• Organize a senior resource fair at least once
annually that promotes housing and
transportation services available to seniors,
including the Dial-A-Ride service.
• Provide informational lectures on housing
resources at the Senior Center including the
application process and funding options for
assisted living.
121
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-15 August/September 2024
• Promote shared housing programs such as
Affordable Living for the Aging (ALA), which
connects senior homeowners with
housemates seeking discounted rent in
exchange for providing support to senior
homeowners. Post information on shared
housing programs on the City’s website by
June 2025 and invite the ALA and/or similar
organizations to attend the City’s senior
resource fair as a vendor.

Timeframe: Provide services throughout the
planning period. Post information on shared
housing programs on the City’s website by June
2025. Invite ALA and/or similar organization to
senior resources fair annually.

3.3.c. Facilitate the City’s Homelessness Task
Force and provide funding to the City’s Outreach
Team and Housing Navigator to coordinate with
landlords and shelter facilities throughout Los
Angeles County. Annually report the outcomes
and effectiveness of the City’s Outreach team
and review annually at City Council.

Timeframe: Subject to available funding, review
the City’s Outreach Team program annually and
implement recommended changes within six
months of review.

3.3.d. Amend the MMC and the Local
Implementation Plan (LIP) to remove the provision
of review of a request for reasonable
accommodation on the basis that may have a
material effect on surrounding properties and
ensure that requests for reasonable
accommodation are reviewed only on the basis
of objective findings, limited to review by the
Planning Director. Additionally, clarify in the MMC
and LIP that review and approval of reasonable
accommodation requests are not contingent
upon the findings of other discretionary decisions.

Timeframe: Amend the MMC and LIP by June
2025.
• Program 3.4 Density Bonus
122
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-16 August/September 2024
State law requires cities to allow an increase in residential density and other incentives when developments provide affordable or senior housing. Recent state legislation has amended density bonus requirements. MMC Section 17.41.1 (Affordable Housing) and LIP Section 3.7.1. establish City standards and procedures to implement State density bonus law. The City will amend density bonus regulations in conformance with current state law and will continue to monitor up and coming density bonus legislation. In addition, the City will promote the use of density bonuses to facilitate production of affordable and senior housing.

Responsible department: Planning Department
Funding source: General Fund
Objectives: 3.4.a. Amend City density bonus regulations consistent with state law (Government Code
§65915 et seq.).

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

3.4.b. Inform housing developers about the City’s
density bonus program during pre‐development
conferences, inquiries, and with applications and
emphasize development potential.
• Communicate with at least two different
affordable housing developers annually
informing them about the City’s density bonus
program.

Timeframe: Inform housing developers on an
annual basis throughout the planning period

3.4.c. Provide technical assistance to developers
on how to use the Density Bonus incentives.

Timeframe: Maintain current information on the
City’s website. Refresh annually. Publish an
informational bulletin for developers on the City’s
density bonus program by June 2025. Review
annually and edit to include new information as
necessary.

Geographic targeting: Citywide
123
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-17 August/September 2024
Program 3.5 By-Right Approval
Pursuant to Government Code Section 65583.2, reusing the following types of sites in the City’s site inventory for lower income RHNA are subject to by-right approval without discretionary actions and exempt from CEQA and subject only to design review based on objective standards when a project includes 20 percent of the units affordable to lower-income households.

The AHO parcels included in the Sites Inventory are subject to the by-right approval requirements of Government Code section 65583.2. The AHO designation on these parcels already allows by-right approval by the City with a certain threshold of units affordable to lower-income households. The City will modify its existing threshold requirements for by-right development approval without discretionary review on the AHO sites and replace requirements with 20 percent of units affordable to lower-income households. In addition, the AHO will be modified to allow projects involving subdivisions by right while complying with the MMC and LIP.

Responsible department: Planning Department
Funding source: General Fund
Objectives: 3.5.a. Adopt a procedure Modify existing
threshold requirements to implement the by-right
approval requirement without discretionary
review for 20 percent affordability to lowerincome households for the AHO parcels in the Sites Inventory concurrent with readoption of the
Housing Element and pursue LIP amendment, if
necessary, to be consistent with state law
(Government Code Section 65583.2).

Timeframe: By-right approval requirement will be
effective immediately upon adoption of the
Housing Element.

Geographic targeting: AHO parcels
124
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-18 August/September 2024

4. Remove Constraints to Housing Development
Policy 4.1 Remove regulatory barriers to housing for all residents, including those with special needs.

Program 4.1. Support Development of Accessory Dwelling Units Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) can provide affordable housing options for lower- and moderate-income households.

The State has passed multiple bills in recent years to remove constraints to the development of ADUs and JADUs (including AB 587, AB 671, AB 68, and SB 13, among others). The City adopted an ADU ordinance on January 8, 2024 and submitted the ordinance to HCD on February 1, 2024 and the California Coastal Commission on March 6, 2024. Upon HCD’s review, if necessary, amend the ordinance to address HCD comments within six months of receipt of comments from HCD or within six months from adoption of this Housing Element, whichever comes later, and transmit adopted LCP amendments to the California Coastal Commission within one month of adoption. The City will monitor ADU development trends and new legislation to update the MMC to comply with changes in ADU and JADU law.

Responsible department: Planning Department, Building Safety Funding source: General Fund
Objectives: 4.1.a. Pursue mechanisms to facilitate the
construction of at least 28 ADUs by the end of the
planning period, including but not limited to:
• Create pre-approved standards for ADU
foundation plans or prefabricated plans.
• Refer property owners to programs that assist
lower and moderate-income homeowners in
constructing ADUs.
• Expand or extend fee waivers for ADUs
beyond state law.

Timeframe: Apply for funding to create preapproved plans by June 2025. Publish preapproved plans for ADUs by December 2026.

4.1.b. Review ADU trends and commit to
adjustments if the City is not on track to meet
target development. If the City is not meeting
ADU goals, implement additional action(s)
depending on the severity of the gap, including
increased public outreach efforts to increase
ADU development.
125
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-19 August/September 2024
Timeframe: Review ADU trends every two years
starting in 2025 and as needed, implement
additional incentives and public outreach
strategies within one year of review, and if
necessary, pursue other strategies to meet the
RHNA, including rezone of sites.

4.1.c. Publish resources on City’s website on
building ADUs and JADUs.

Timeframe: Publish material on the City’s website
by January 2026.

4.1.d. Create an ADU Amnesty Program that
allows property owners who have unpermitted
ADUs on their property to bring them up to code
and get them permitted without facing any
penalties or fines.

Timeframe: Adopt an ADU Amnesty Program
Ordinance by 2028.

4.1.e. As needed, update the ADU ordinance to
be in compliance with state law.

Timeframe: Update the ADU ordinance in MMC
within six months of receipt of comments from
HCD or within six months from adoption of this
Housing Element, whichever comes later, and
transmit adopted LCP amendments to the
California Coastal Commission within one month
of adoption.

4.1.f. Allow up to two JADUs per single-family lot.

At least one JADU must be rent restricted to lower
or moderate-income households.

Geographic targeting: Citywide
126
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-20 August/September 2024
Program 4.2. Expedite the Project Review Process
The City will continue to expedite the project review process to support residential development.

4.2.a. Continue Pre-Design Review for project
applicants to serve as a cost-effective alternative
to a first submittal, and to evaluate major costs or
issues with the proposed development.

Timeframe: Continue Pre-Design Review process.

4.2.b. Identify new or improved data and
technology solutions to support faster
development project review and greater access
to housing and land use information such as
online dashboards and other publicly accessible
online resources.

Timeframe: Monitor additional, more effective
methods for project review on an annual basis.

4.2.c. Develop written procedures for SB 35
Streamlined Ministerial Approval Process.

Timeframe: Develop written procedures for SB 35
Streamlined Ministerial Approval Process by
January 2025.

Geographic targeting: Citywide
Program 4.3. Remove Regulatory Constraints to Housing Development The City will remove regulatory constraints to support residential development.

4.3.a. Remove the CUP requirement for multifamily development in the MF and MFBF zoning districts and allow multi-family development as a
permitted use in those zoning districts.

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

4.3.b. Ensure approval certainty for proposed
multi-family developments with heights over 18
feet while establishing strategies to protect
scenic, visual, and hillside resources. Develop preapplication materials, handouts, and other resources and revise the Site Plan Review finding,
“that the project does not adversely affect
neighborhood character” to establish objective
findings .
127
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-21 August/September 2024
Timeframe: Complete the necessary code
amendments by the end of 2025 and transmit
adopted LCP amendments to the California
Coastal Commission within one month of
adoption.

4.3.c. Clarify that the impermeable coverage
requirement does not apply to beachfront lots,
including multi-family development.

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

4.3.d. For Affordable Housing Development in the
AHO, as defined in LIP, allow a maximum height
of 30 feet and remove the two-story limit to
accommodate a density of 27 dwelling
units/acre .

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

4.3.e. For multi-family development, allow
alternatives to story poles, such as photo
simulations , for development subject to story
pole requirements under Chapter 6 of the LIP.

Timeframe: Adopt zoning changes by October
14, 2024 and transmit adopted LCP amendments
to the California Coastal Commission by October
21, 2024.

Geographic targeting: Citywide

5. Housing Opportunities For All (Fair Housing)
Policy 5.1 Promote fair housing services.

Policy 5.2 Provide referral information to persons in need of housing assistance.

Policy 5.3 Provide opportunities for housing choice and housing mobility.

Program 5.1 – Affirmatively Furthering Fair Housing and Fair Housing Services AB 686 (2017, Santiago) requires each local government to administer its programs and activities related to housing in a manner that affirmatively furthers fair housing.

The City will take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. 128
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-22 August/September 2024
The City will advertise fair housing services through placement of fair housing service brochures at the public counter, through the City's newsletter, and on the City website. The City will conduct outreach to property owners and managers to provide current information about fair housing issues, rights, and responsibilities.

Additionally, the City will require proactive outreach to a diverse population for affordable housing developments, especially to workers in the city who do not live in the city, to provide housing choice and housing mobility opportunities.

Responsible department: Planning Department
Funding source: General Fund
Objectives: 5.1.a. Promote the services of HRC to provide fair housing and tenant/landlord services, including
fair housing counseling and education and
tenant/landlord counseling, mediation, and
testing. Advertise available fair housing services.

Timeframe: At least once annually starting in 2025,
provide information on fair housing services
available to Malibu residents and property
owners via the City’s social media, flyers at the
planning counter and at community locations,
and/or posting in the local newspaper. When
possible, provide information in English and
Spanish.

5.1.b. Provide informative materials on fair
housing resources with ADU applications.

Timeframe: Provide materials with ADU
applications by December 2025.

5.1.c. Enter into a contract with HRC or other fair
housing service providers to host an annual fair
housing workshop to educate residents and
landlords on fair housing laws, HCVs and housing
rights and resources.

Timeframe: Once annually starting in 2025,
partner with HRC, or other fair housing service
providers, to host a fair housing workshop.

5.1.d In collaboration with the Housing Authority,
provide education to property owners and
managers to expand awareness of the HCV
program to increase acceptance of tenantbased HCVs and to facilitate mobility and provide choices for lower-income households
throughout the city. Identify and address
challenges that property owners/managers have
with existing or prospective HCV holders.
129
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-23 August/September 2024
Timeframe: Starting in 2025, annually conduct
one workshop for landlords on the HCV program,
for a total of seven workshops during the planning
period, targeting property owners/managers in
eastern Malibu.

Geographic targeting: Citywide
Program 5.2 Fair Housing Community Outreach
The goal of this program is to increase access to housing in Malibu for lowerincome and special housing needs residents and provide opportunities for housing choice and mobility.

Responsible department: Planning Department
Funding source: General Fund, Affordable Housing Trust Fund

5.2.a. Require the project developers of
affordable housing projects or projects with
affordable units to implement an Affirmative Fair
Marketing Plan to outreach to a diverse
population, extending outreach to nearby
communities in Los Angeles County and Ventura
County, especially to workers in the city who do
not live in the city. These affirmative marketing
materials will include contact information for
housing service providers (such as the home
share programs) and non-profit housing
organizations that serve lower-income tenants in
the surrounding region.
• By January 2025, require implementation of
an Affirmative Fair Marketing Plan.

Timeframe: As affordable units are being created.

5.2.b Provide information and referral services
that direct families and individuals to financial
resources for housing rental or purchase, locating
suitable housing in areas of opportunity, and
obtaining housing with special needs facilities
such as disabled-accessible units to enhance
housing choices and mobility.

Create a Housing Resources page on the City’s
website to disseminate informational materials to
residents on affordable housing and financial
resources including links to the HCV program
resources through Los Angeles County
Development Authority, Mortgage Credit
Certificate through the Golden State Finance
130
City of Malibu 2021-2029 Housing Element 7.5 Housing Plan

7.5-24 August/September 2024
Authority, and the California Homeownership
Downpayment Assistance Program through the
California Housing Finance Agency.

Timeframe: Create webpage by January 2025.

5.2.c. Subject to available funding, offer grants of
up to $10,000 per applicant from the Affordable
Housing Trust Fund to construct ADUs that are
rent-restricted to lower-income households (using
County AMI thresholds).
• By January 2025, implement grant program
for rent-restricted ADUs.
• By June 2025, promote the grant opportunity
on the City’s website.

Timeframe: Provide one grant by the end of the
planning period.

Geographic targeting: Citywide

7.5.2 Quantified Objectives
The City’s quantified objectives for new construction, housing mobility and rehabilitation, and conservation are presented in Table 7.5-1. It must be recognized, however, that many factors and constraints outside the City's control may Influence its ability to achieve these objectives. These estimates represent the City's best effort to quantify potential results.

Table 7.5-1
Quantified Objectives 2021-2029
Category
Income Level
Ex. Low V. Low Low Mod Above Mod. Totals
New Construction* 14 14 19 17 15 79
Housing Mobility and Rehabilitation Programs:
• 1.3 Support housing rehabilitation for lower- and
moderate-income households
• 3.1 Facilitate affordable housing assistance
• Program 3.3. Housing for Persons with Special Needs
• 4.1 Support ADUs and allow two JADUs per single-family lot
• 5.2 Promote Affirmative housing marketing plan, promote housing resources, and support rent-restricted ADUs
5 5 20 13 12 55
Conservation** 541 541
*Quantified objective for new construction is for the period 6/30/2021 to 10/15/2029 per the RHNA **Existing mobile homes
131
City of Malibu 2021-2029 Housing Element Appendix A
A-1 August/September 2024
Appendix A – Evaluation of the Previous Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix contains a review of the housing goals, policies, and programs of the previous housing element, and evaluates the degree to which these programs have been implemented during the previous planning period, 2013 through 2021. The findings from this evaluation have been informative in determining the City’s 2013-2021 Housing Plan.

Table A-1 summarizes the programs contained in the previous Housing Element, along with the City’s accomplishments, and implications for future policies and actions.

Table A-2 summarizes progress compared to the quantified objectives of the previous Housing Element period.

Overview of Accomplishments
During the 5th cycle Housing Element Planning Period (2013-2021), the City implemented numerous programs to support market-rate and affordable housing production, preservation of existing housing stock, and rental housing assistance. A full list of programs in the 5th cycle Housing Element is included in Table A-1. Most notably, the City accomplished the following housing-related activities:
• Rebuilding Assistance: Program 1.2 provides rebuilding assistance to expedite repairs or rebuilding for homes that have been lost or damaged in a fire. The City amended the Malibu Municipal Code (MMC) and the Local Coastal Program (LCP) in 2019 to expedite permit processing for those seeking to repair or rebuild homes that have been affected by the Woolsey Fire and/or related flooding and debris flow. During the 5th cycle planning period, 80 units were rebuilt after being destroyed or damaged by the Woolsey Fire, including 62 single-family homes and 12 18 multifamily units. Additionally, in 2021, the City was awarded $15,803,348 in federal HUD Disaster Recovery funds (CDBG-DR) available through the Housing and Community Development (HCD) Disaster Recovery-Multifamily Housing Program in response to the 2018 Woolsey Fire. To date, no developers have applied to utilize the funds.
• Affordable Housing Development: The City created an Affordable Housing Overlay (AHO) District on three sites to facilitate the development of affordable housing. LCP and MMC amendments for the AHO District were certified in 2019.

The overlay establishes development standards within the Coastal Zone that comply with state standards for affordable housing. The amendments also allow preservation of housing for all income-levels. The City will support affordable housing development on these sites as outlined in Chapter 7.4, Housing Plan. • Short-Term Rental Regulations: A Short-Term Rental Ordinance was adopted in 2020 to encourage homes to be used for permanent residential use and reduce conversion of units into short-term rentals. The Short-Term Rental Ordinance created a new short-term rental permit system to regulate the short-term rental of residential property and went into effect January 15, 2021. 132
City of Malibu 2021-2029 Housing Element Appendix A
A-2 August/September 2024
• Housing Development: While the City did not construct any very low- and lowincome units and did not meet the 5th cycle RHNA objective of two units, the City did permit 115 units of above-moderate income housing units, including 87 singlefamily homes, eight multi-family units, and 20 accessory dwelling units (ADUs). 1 • Accessory Dwelling Units: The City successfully applied for a Local Early Action Planning (LEAP) grant to support the preparation of an ADU ordinance and ADU processing. The City is currently preparing an ADU ordinance that will streamline the process for creating new ADUs and promote their development. During the 5th cycle planning period, building permits for 20 ADUs were issued.2

• Homeless Services – The City helped fund a permanent office for the Malibu Community Labor Exchange (MCLE) to assist people with finding employment, including for people experiencing homelessness. The City also hired a Housing Navigator to assist homeless individuals, and two additional outreach workers to locate, engage, and assist people experiencing homelessness with housing and support services. The outreach team successfully moved 33 homeless residents into permanent housing and 15 individuals into interim housing.

Effectiveness of Addressing Special Needs
Special needs communities are demographic or occupational groups that call for specific program responses to address unique housing needs. State law specifically requires analysis of the special housing needs of people who are elderly or disabled (including developmental disabilities), female-headed households, large households, farmworkers, and people experiencing homelessness. These special-needs groups often spend a disproportionate amount of their income to secure safe and decent housing and are sometimes subject to discrimination based on their specific needs or circumstances.

The 5th cycle Housing Element addressed special needs populations through Program 1.2:

Rebuilding Assistance and Program 3.2: Provide Financial Support and Referral Information to Persons in Need of Assistance. Program 1.2 prioritizes rehabilitation assistance for special needs persons, and Program 3.2 aims to provide grant funding and programs for special needs populations. During the 5th cycle planning period, the City took the following actions to address resources for special needs:
• The City utilized $15,000 in CDBG funds as part of the Urban County Entitlement Program for the MCLE and authorized the use of $98,000 in CDBG funds for a permanent trailer for the MCLE. The MCLE provides day labor job connections, including for homeless people.
• In January 2019, the City was awarded $76,660 from the Los Angeles County Homeless Initiative to fund a pilot project expanding housing services for the homeless population in Malibu. Specifically, a grant fund of $355,000 between 2020 and 2021 were used to fund a Housing Navigator position for 18 months through The People Concern. The Housing Navigator helped with placement in permanent housing. The City will continue this program in the 6th housing cycle. 1 HCD. Housing Element Implementation and APR Dashboard. https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-open-data-tools/housing-element-implementation-and-apr-dashboard, accessed August, 2023 2 HCD. Housing Element Implementation and APR Dashboard. https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-open-data-tools/housing-element-implementation-and-apr-dashboard, accessed August, 2023 133
City of Malibu 2021-2029 Housing Element Appendix A
A-3 August/September 2024
• In 2016, the City issued a grant of $38,000 to the Malibu Task Force on Homelessness (MTFH), an independent organization of community volunteers, to help fund a pilot project to bring professional services to Malibu's homeless population. MTFH entered into an agreement with The People Concern to bring two full-time outreach workers to Malibu daily in order to locate, engage, and build relationships with homeless individuals. They then connected the individuals with a fully-integrated system of care – including mental and medical health care, substance abuse services, and permanent supportive housing – provided by The People Concern and tailored to the unique needs of each individual. During the 5th cycle Housing Element, the outreach team successfully moved 72 homeless residents into permanent housing. An additional 15 individuals are currently in interim housing. Since the program began, more than 30 of the outreach team's clients received or were approved for housing vouchers, putting them on the path to permanent housing.
• The City secured a $50,000 grant in October 2017 from Los Angeles County to help fund the development of a Homelessness Strategic Plan. The goals of the Homelessness Strategic Plan are to assist homeless individuals in a more effective way, mitigate public health and public safety impacts, and align Malibu’s local efforts with those of the Los Angeles County Homeless Initiative. The program was fully funded by the City as of July 2018. The Homelessness Strategic Plan was adopted by the City Council on June 25, 2018. The Malibu Homelessness Working Group, comprised of City staff, outreach workers, the faith community, and residents, meets on a monthly basis to review community and City efforts to execute the plan.
• Beginning in July 2018, the City established a budget line item to directly fund its homelessness programming, including full funding of the outreach program provided by The People Concern. In each subsequent fiscal year the city has funded two outreach workers and a Housing Navigator. In fiscal year 2022, the City budgeted $243,858; in fiscal year 2023, the City budgeted $355,000; and in fiscal year 2024, the City budgeted $385,000.
• The City continued to offer the Senior Citizen Utility Tax Exemption, which exempts senior citizens living in Malibu who receive supplemental security income from the Utility User Tax.
• The Transportation services program provides Dial-A-Ride services to Malibu seniors and disabled citizens through Ventura Transit Systems. The service is funded by Proposition A transportation funds, which are allocated by the Los Angeles County Metropolitan Transit Authority. In the fiscal year 2023, the City budgeted $125,000 for the Dial-A-Ride program and $35,000 to transport seniors to special events run by the Community Service Department. Passengers pay $1.00 each way for trips to the Malibu Senior Center, $2.00 each way for trips within City boundaries, and $4.00 each way for trips outside City limits. Currently, 215 people are registered for the service. Passengers may travel to various locations locally and to neighboring cities. In FY 2022-23, 141 passenger trips were provided to residents, and promotions included newspaper advertisements, banners, press releases, and giveaways.
134
City of Malibu 2021-2029 Housing Element Appendix A
A-4 August/September 2024
Cumulatively, 5th cycle housing programs are generally effective at providing resources for people experiencing homelessness, although additional programs and actions are needed to mee the housing needs of elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness. The City has included additional program actions in the 6th Cycle Housing Plan to provide affordable housing and support housing access for special needs groups and support people with disabilities, seniors, and extremely-low, low-, and moderate-income households (Programs 2.4, 3.1, and 3.3).
135
City of Malibu 2021-2029 Housing Element Appendix A
A-5 August/September 2024
Table A-1
2013-2021 Housing Element Program Evaluation
Program Objective Timeframe Status of Program Implementation Program 1.1 – Code Enforcement
Ensure compliance with the City’s codes and regulations.

Particularly, in the case of code violations in units that are occupied by lower-income persons or persons with special needs, direct property owners and renters to programs that are available to provide assistance. Offer amnesty and legalization for existing housing units where:
1) The unit is “livable” and meets basic health and safety requirements
2) The unit existed at the time of the City’s incorporation; and 3) The unit is restricted for owner-occupancy or rental by low- or moderate- income persons at an affordable rate.

Reduce code violations
and health & safety issues
in existing housing
Throughout the planning
period
This program is in progress. During the 5th housing cycle, the City maintained a staff of three to four code enforcement officers. The City provided resources to property owners for help in addressing code violations on a case-by-case basis The City approved 160 code violations during the planning period.

The program did not achieve its anticipated goal and did not offer amnesty and legalization for any units. This program remains appropriate and will be carried into the 6th housing cycle as Program 1.1.

Program 1.2 – Rebuilding Assistance
Expedite permit processing and provide special assistance to homeowners seeking to repair or rebuild homes that have been lost or damaged in a fire, flood or other disaster, especially units that accommodate low- and moderate-Income households, elderly, disabled, large families, single heads of households, farm workers, individuals in need of emergency shelter, and other individuals or household types with special needs, unless those units are located in areas that are physically unsuitable for development.

Facilitate rebuilding of lost
or damaged homes
Throughout the planning
period
The City approved 80 units to be rebuilt after being destroyed by the Woolsey Fire, as well as three ADUs. The MMC and LCP amendments have been adopted or are in progress to expedite permit processing for those seeking to repair or rebuild homes that have been affected by the Woolsey Fire and/or related flooding and debris flow. The City was awarded $15,803,348 of federal CDBG-DR funds available through the HCD Disaster Recovery-Multifamily Housing Program in response to the 2018 Woolsey Fire. The funding is intended to serve as gap funding for eligible affordable multi-family housing projects in accordance with the HUD limits per affordable housing unit. The City promoted the availability of these funds on the City website, social media, and e-newsletters and published a Notice Inviting Interest. To date, no developers have applied to utilize the funds.

Additionally, the City is waiving all City rebuilding fees for properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by the property owner as of November 8, 2018. Eligible waived fees also include fees required for replacement or upgrade of onsite wastewater treatment systems (OWTS), damaged or destroyed accessory structures, hardscaping, and landscaping. Eligible rebuilding fees that have been already paid may qualify for a refund.

The goals of this program were met and this program will be continued into the 6th housing cycle as Program 1.2.
136
City of Malibu 2021-2029 Housing Element Appendix A
A-6 August/September 2024
Program Objective Timeframe Status of Program Implementation Program 1.3 – Housing Rehabilitation Assistance
Provide incentives to rehabilitate existing housing units, such as permit fee waivers for units that are deed-restricted for low- and moderate-income families.
4 units Throughout the planning
period
Opportunities for permit fee waivers for rehabilitation are reviewed on a case-by-case basis. The goals of this program were not achieved as no requests for permit fee waivers for rehabilitation were made during the reporting period. Although this program remains appropriate and should be continued.

Program 1.3 will be carried over into the 6th housing cycle as Program 1.3 to provide rehabilitation assistance for low- and moderate-income families.

Program 1.4 – Preserve Existing Mobile Home Parks
Maintain the Mobile Home Park Rent Control Regulations Ordinance that regulates maximum allowable rents and limits rent increases.

Pursuant to the provisions of Government Code §65863.7, require the submittal of a report detailing the impacts of any proposed mobile home park conversion to a nonresidential use concurrent with the filing of any discretionary permit on such property and impose reasonable mitigation measures upon the park owners.

No net loss of mobile home
units
Throughout the planning
period
The goals of this program were not achieved as no mobile home parks were proposed for conversion. However, this program remains appropriate and should be continued. Program 1.4 will be carried over into the 6th housing cycle as Program 1.4 to support the preservation of mobile homes.

Program 1.5 – Conserve Affordable Housing in the Coastal Zone In accordance with Government Code §65590, continue to require the replacement of low- or moderate-income units that have been removed from the coastal zone (either by demolition or conversion), whenever feasible.

LCP and MMC amendment Throughout the planning
period
No low- or moderate-income units were demolished or converted during the 5th housing cycle. However, this program remains appropriate. Program 1.5 will be carried over into the 6th housing cycle as Program 2.2 to ensure no net loss of low- or moderate-income units.

Program 2.1 – Regional Housing Needs Identification
Work with the Southern California Association of Governments (SCAG) and the Las Virgenes-Malibu Subregional Council of Governments (COG) to encourage an appropriate fair share allocation of future regional housing needs based on population need, existing supply/demand, ability to accommodate growth given the physical/environmental constraints and the jobs-to-housing ratio.

Encourage fair and realistic
RHNA allocations
Throughout the planning
period
The goals of this program were met. The City worked
cooperatively with SCAG during the 5th cycle RHNA process to ensure that the growth forecast reflected development
constraints in Malibu. City staff continues to monitor SCAG programs related to housing needs. The City will not carry this program into the 6th housing cycle as it is restating the functions of an existing city requirement.
137
City of Malibu 2021-2029 Housing Element Appendix A
A-7 August/September 2024
Program Objective Timeframe Status of Program Implementation Program 2.2 – Ensure Adequate Capacity to Accommodate Regional Housing Needs
The City’s residential land inventory provides adequate capacity to accommodate the City’s housing needs as identified in the 2013- 2021 RHNA (see Appendix B). The City will pursue a two-part strategy to provide sites for lower-income housing: 1) Opportunities and incentives for second units; and 2) Zoning regulations to facilitate affordable multi-family or mixed-use development in suitable locations.

A. Expand the Supply of Second Units. In order to maximize the availability of additional second units, the City will implement the following actions:

1. Promote the Development of Second Units

2. Amnesty Program for Second Units

3. Financial Assistance for Second Units

4. Pre-Approved Second Unit Prototypes
21 second units during
2013-2021
Throughout the planning
period
The goals of this program were met. The City issued permits for 134 above moderate-income units for the 5th cycle planning period. This includes 115 single-family homes, 12 multifamily units, and 7 ADUs, which is significantly higher than the 5th cycle RHNA allocation. .

No requests were made to legalize previously developed second residential units.

The City is preparing an ADU ordinance that will streamline the process for creating new ADUs and promote their development.

The City undertook several mass mailings to encourage
residents to participate in the ADU ordinance process.

The City successfully applied for a LEAP grant to support the preparation of an ADU ordinance and ADU processing. This program remains appropriate and should be continued. Program

2.2 will be carried over into the 6th housing cycle as Program 2.1 and Program 4.1 to expand the housing development capacity in the City and encourage the development of ADUs.

B. Facilitate New Affordable Housing Development
In order to accommodate lower-income housing, the MMC and LCP regulations were amended in the previous planning period to establish an Affordable Housing Overlay allowing multi-family or mixed-use development by-right at a density of 20 units/acre for projects that include affordable housing. In order to qualify for the increased density incentive, all “bonus” units (i.e., additional units allowed above the base density of 6 units per acre) must be deedrestricted for low- and moderate-income households for a minimum of 30 years at a ratio of 50% low- and 50% moderate-income. As an alternative, very-low-income units may offset the requirement for moderate-income units on a one-for-one basis. Any developer utilizing these incentives shall be required to screen tenants or buyers for compliance with income limits and establish a monitoring system to ensure the unit's continued affordability. This program creates a strong incentive for affordable housing development because of the additional units allowed at a density of 20 units per acre compared to the base density of 6 units per acre. The allowable density of 20 units per acre does not include the state-mandated density bonus, and it is anticipated that all projects utilizing this option will also qualify for a density bonus of up to 35%.

Provide suitable sites with
appropriate zoning that
could accommodate lowerincome housing
The Local Coastal Program
Amendment to allow for
multi-family development in
compliance with the adopted
2013-2021 Housing Element
was certified by the
California Coastal
Commission on
December 11, 2019.

The goals of this program were met. The applicable LCP
amendments to the Affordable Housing Overlay District have been certified by the Coastal Commission. Program 2.2 B will be carried over into the 6th housing cycle as Program 3.1 and revised to include new actions and objectives related to affordable housing development.
138
City of Malibu 2021-2029 Housing Element Appendix A
A-8 August/September 2024
Program Objective Timeframe Status of Program Implementation Program 2.3 – Streamline Development Review and Assist
Affordable Housing Developments
Streamline the development review and permit process for all residential development by providing a series of informational handouts describing how to apply for housing development and summarizing the basic development criteria for different zoning districts. When developers propose to include affordable units in a project, provide assistance through expedited processing, density bonus and other modified development standards, and administrative assistance with grant applications.

Minimize residential permit
processing time and assist
affordable housing
developments
Throughout the planning
period
Ongoing – Staff has created various pamphlets as well as forms to help guide applicants through the permitting process.

Application materials were made available on the City’s website.

The goals of this program were met, although no applications have been submitted for affordable housing projects. However, staff has worked with two parties interested in affordable housing to determine the appropriate project standards and submittal processes. One pre-submittal application was received for a 20- unit project that included 8 affordable units. This program remains appropriate and should be continued. Program 2.3 will be carried over into Program 4.2 to ensure a streamlined permitting process for affordable housing.

Program 3.1 – Fair Housing
Support fair housing efforts by contracting with the Los Angeles County Housing Authority, Westside Fair Housing Council, or other appropriate organizations, to create a program that provides fair housing services, including investigation of discrimination complaints, research on housing discrimination-related issues, public information about the rights and responsibilities of landowners and tenants, and landlord/tenant dispute resolution. Promote the program each year through the use of pamphlets, public bulletin boards on community television; educational flyers distributed to property owners, apartment managers and tenants; public service announcements on local radio stations and in local print media; and presentations at community groups.

Provide and publicize fair
housing services through
contracting with a public or
non-profit service provider
Annual appropriation and
semi-annual publications
and announcements
Ongoing. The goals of this program were met, The City is a participating city of the Los Angeles Urban County. The Urban County comprises the unincorporated areas of the Los Angeles County and 48 cities that generally have populations of 50,000 or less and receive their CDBG allocations through the Urban County’s application process. The Los Angeles County
Development Authority (LACDA) administers the Los Angeles County’s CDBG and HOME programs for the Urban County. The Los Angeles Homeless Services Authority (LAHSA), a joint powers authority created by the Los Angeles County Board of Supervisors and the Los Angeles Mayor and City Council, administers the ESG program for the LACDA. CDBG funds are distributed among the 48 participating cities and the
unincorporated areas within five Supervisorial Districts, and Malibu is part of District 3.

The City advertises fair housing services through the placement of fair housing service brochures at the public counter and at the Malibu Senior Center. The Apartment Association of Greater Los Angeles conducts seminars on state, federal and local fair housing laws and compliance issues.
t This program remains appropriate and should be continued.

Program 3.1 will be carried over and expanded as new
Programs 5.1 and Program 5.2 to support fair housing services and to comply with new fair housing requirements.
139
City of Malibu 2021-2029 Housing Element Appendix A
A-9 August/September 2024
Program Objective Timeframe Status of Program Implementation Program 3.2 – Provide Financial Support and Referral Information to Persons in Need of Assistance
Malibu is a small jurisdiction without a redevelopment agency or housing department; furthermore, the City is not an entitlement jurisdiction for federal grants. Therefore, the City does not have any resources for direct financial housing assistance, other than a small Affordable Housing Trust Fund and Community Development Block Grant (CDBG) funds. The City will provide referral information to extremely-low-, very-low-, low-, and moderate-income persons and families, the elderly, and persons with disabilities regarding affordable and special needs housing, such as Section 8 Rental Assistance and the Mortgage Credit Certificate program. In addition, it will continue to seek CDBG and HOME funds.

Disseminate housing
assistance information;
provide direct funding in
support of affordable
housing when feasible
The City’s Housing
Coordinator has the
responsibility for monitoring
all activities related to the
implementation of the
Housing Element, including
preparation of annual
progress reports, annual
monitoring of sources of
financial assistance such as
Section 8 funds,
state/federal grants, and
mortgage credit certificates.

The Housing Coordinator
shall also be responsible for
disseminating information to
the community regarding
these activities and
resources.

Depending on program
availability and City
eligibility, apply for
state/federal funds on a biannual basis to assist with affordable housing
development.

The goals of this program were met. The City received $67,062 of CDBG funding as part of the Urban County Entitlement program in fiscal year 2019-2020. These funds are utilized within the community to facilitate public service projects benefitting low and moderate income families. The City utilized $15,000 in CDBG funds as part of the Urban County Entitlement Program for the Malibu Community Labor Exchange (MCLE) and
authorized the use of $98,000 in CDBG funds for a permanent trailer for MCLE. The Labor Exchange provides day labor job connections, including for homeless people. In addition, in the 2020-2021 fiscal year, the City included approximately $340,000 directly to address homelessness.

In January 2019, the City was awarded $76,660 from the Los Angeles County Homeless Initiative to fund a Housing Navigator position for 18 months.

In 2016, the City issued a grant to the Malibu Task Force on Homelessness (MTFH) to help fund a pilot project to bring professional services to Malibu’s homeless population. MTFH partnered with The People Concern to bring two full-time outreach workers to Malibu daily to locate, engage, and build relationships with homeless individuals. They connected the individuals with a fully integrated system of care, and permanent supportive housing. As of September 30, 2018, the outreach team has successfully moved 33 homeless residents into
permanent housing. An additional 15 individuals are currently in interim housing. More than 30 of the outreach team’s clients received or were approved for housing vouchers. In July 2018, the City established a budget line item to directly fund its homelessness programming, including full funding of the outreach program provided by The People Concern.

This program remains appropriate and should be continued.

Program 3.2 will be carried over into Program 3.2 and Program

3.3 to provide resources and housing to persons with special needs and promote resources available through the Los Angeles County Development Authority.
140
City of Malibu 2021-2029 Housing Element Appendix A
A-10 August/September 2024
Program Objective Timeframe Status of Program Implementation Program 4.1 – Monitor and Report Annually on Housing Program Accomplishments
The City will monitor accomplishments toward Housing Element objectives and report the results annually to the City Council and California Department of Housing and Community Development. If implementation measures are ineffective in achieving the desired results, adjustments will be made to improve the efficacy of programs.

Monitor progress and make
mid-course corrections if
necessary to achieve
desired results
Annual progress reports The goals of this program were met. The City completed an Annual Progress Report for all years within the planning period.

The City continues to monitor Housing Element programs and report progress annually. Review of progress towards achieving RHNA requirements is included as Program2.1.
141
City of Malibu 2021-2029 Housing Element Appendix A
A-11 August/September 2024
Table A-2
Progress in Achieving Quantified Objectives
2014-2021
Program Category Quantified Objective Progress
New Construction1
Very Low 1 0
Low 1 0
Moderate 0 0
Above Moderate 0 134
Total 2 134
Quantified objective and progress for new construction reflect units built 2014-2021 142
City of Malibu 2021-2029 Housing Element Appendix A
A-12 August/September 2024
This page intentionally left blank.
143
City of Malibu 2021-2029 Housing Element Appendix B
B-1 August/September 2024
Appendix B
Residential Land Inventory
The Regional Housing Needs Allocation (RHNA) is a key requirement for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the 6th Housing Element cycle extending from July 2021 to October 2029 (the RHNA projection period is longer than the Housing Element planning period). Communities then determine how they will address this need through the process of updating the Housing Elements of their General Plans. This update of the City’s Housing Element covers the planning period of October 2021 through October 2029 (called the 6th Cycle Housing Element update). Malibu’s share of the regional housing need is allocated by the Southern California Association of Governments (SCAG) and based on access to jobs and transportation, recent growth trends, income distribution, and capacity for future growth. The City must identify adequate land with appropriate zoning and development standards to accommodate its assigned share of the region’s housing needs.

Malibu is obligated to demonstrate a total available capacity of 79 units. The units are distributed among four income categories, as shown in Table B-1.

Table B-1
Sites Inventory Summary
Housing Sites
Income Category
Very Low Low Moderate Above Total
RHNA 2021-2029 28 19 17 15 79
Source: SCAG, 2021
The RHNA does not project the need for extremely low-income units, but pursuant to State law (AB 2634), the City must project its extremely lowincome housing needs based on Census income distribution or assume 50 percent of the very low-income units required by the RHNA as extremely low-income units. the City’s RHNA allocation of 28 very low-income units was distributed evenly as 14 extremely low and 14 very-low income units.

However, for purposes of identifying adequate sites for the RHNA allocation, State law does not mandate the separate accounting for the extremely low-income category.

The assumptions and methodology for the Residential Land Inventory are provided below.

Methodology for Income Categories and Realistic Capacity of the Sites Inventory AHO Sites. The Affordable Housing Overlay (AHO) District is applied to three individual parcels shown in Table B-4 two of which are under the same ownership. The AHO allows multi-family development by-right at a minimum density of 20 units/acre. The AHO designation is currently applicable when development on those sites contain deedrestricted affordable housing for all units in excess of the six units per acre (base density) with 50 percent of those units affordable to very low- or low-income multi-family dwelling units.

Pursuant to Government Code Section 65583.2, reusing the following types of sites in the City’s site inventory for lower-income RHNA are subject to by-right approval exempt from CEQA and subject only to design review based on objective standards when a project 144
City of Malibu 2021-2029 Housing Element Appendix B
B-2 August/September 2024
includes 20 percent of the units affordable to lower-income households and no subdivision is proposed:
• Vacant sites that were identified in the City’s 4th and 5th cycles Housing Element as sites for lower income RHNA; and
• Nonvacant sites that were identified in the City’s 5th cycle Housing Element as sites for lower-income RHNA.

The AHO parcels were included in the 4th and 5th housing cycles to accommodate the lower-income RHNA requirement and therefore are subject to the by-right requirement of Government Code Section 65583.2. As discussed in Program 3.5 of the Housing Plan, the City will modify its existing threshold requirements for by-right development approval without discretionary review on the AHO sites and replace requirements with 20 percent of units affordable to lower-income households.

All parcels in the Sites Inventory are between 0.5 and 10 acres in size. Pursuant to Government Code Section 65583.2 these sites may be used to satisfy the RHNA to the lower-income and moderate-income category. The three AHO parcels have a base zoning designation of MF (multi-family residential) and non-residential uses are not allowed on these parcels. The types of housing permitted on AHO sites are determined by the underlying zoning, which is MF for the sites identified in the Sites Inventory. The MF zoning district allows detached single-family houses, multi-family units as part of an affordable housing project, mobile homes, manufactured housing, ADUs, transitional/supportive housing, and small residential care facilities by right. Multi-family units that are not part of an affordable housing development are allowed with a Conditional Use Permit. No non-residential uses are permitted on the AHO sites that are included in the Sites Inventory.

Two AHO parcels are vacant. One of these parcels used to contain a single-family dwelling that was destroyed in the Woolsey Fire in 2018. This single-family dwelling had been occupied by the owners. One parcel (28401 Pacific Coast Highway) has one singlefamily dwelling unit with a significant portion of vacant land. The capacity of this parcel assumes that the existing structure will be demolished. None of the three AHO parcels contain rental dwellings currently or within the last five years that were:
• Currently or previously subject to a recorded covenant or ordinance that restricts rents to levels affordable to households of low or very low-income • Subject to any other form of rent or price control through a public entity's valid exercise of its police power
• Occupied by a low- or very low-income household
Therefore, none of the AHO sites are subject to a housing replacement program consistent with requirements listed in Government Codes 65915(c)(3) and 65583.2(g)(3).

The AHO parcels, shown on Figure B-2 are assumed to accommodate a capacity of 111 units, including 36 lower-income units, 22 moderate-income unit, and 53 abovemoderate income units. The total capacity of AHO sites is based on the minimum residential density allowed of 20 du/ac. For the purpose of the Sites Inventory, capacity on these sites was divided among lower-income (35 percent), moderate income (20 percent), and above-moderate (45 percent) of total capacity. 145
City of Malibu 2021-2029 Housing Element Appendix B
B-3 August/September 2024
Shortly before and during the January 16-24, 2024 public review period, the City was contacted by two property owners interested in developing affordable housing for lowand moderate-income households. While the sites are not included in the Sites Inventory and do not have an AHO designation, these inquiries demonstrate that there is interest in developing affordable multi-family housing in the city.

Environmental Constraints. Virtually all properties in Malibu face development challenges due to environmental constraints such as environmentally sensitive habitat areas (ESHAs), fire hazards, flood hazards, and geological hazards. ESHA constraints are discussed in detail in Chapter 7.4.

As with all of the city, all sites identified in the Sites Inventory are within a California Department of Forestry and Fire Protection (CAL FIRE) Very-High Fire Hazard Severity Zone.

All sites are directly adjacent to Pacific Coast Highway, which serves as the primary evacuation route in the event of wildfire. The City has adopted the California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations). Additionally, all residences are required by the Malibu Municipal Code to utilize roofing materials and construction in compliance with Section 1603 (Fire Zone 4) of Title 26 (Los Angeles Building Code). The City also administers a Fire Hazard Tree Removal program which utilizes grant funding from the Santa Monica Mountains Conservancy to offer professional hazardous tree removal services to residents free of charge. Lastly, In June 2019, the City was awarded a $100,000 Cal Fire grant for the development of a Community Wildfire Protection Plan (CWPP), which identifies and prioritizes areas for hazardous fuel reduction treatments. The CWPP outlines an action plan that will protect at-risk communities and essential infrastructure from wildfire, as well as make recommendations to reduce structural ignitability throughout the community. These measures along with extensive messaging around wildfire preparedness throughout the community are intended to reduce wildfire risk. As such, compliance with these requirements for residential development on these sites would significantly mitigate the risk of catastrophic wildfire, and development of these sites does not pose a greater risk to residents than other sites in the city due to wildfire. The potential risk of wildfire and CAL FIRE Very-High Fire Hazard Severity Zone designation would not preclude development of housing on any of the sites listed in the Site Inventory.

Development on the identified AHO sites could expose future residents and property to geologic hazards such as seismically induced ground rupture, liquefaction, settlement, and landslide hazards that exist in the area due to their proximity to the Malibu Coast Fault, the Santa Monica Fault, and the Anacapa Dume Fault. However, these geologic hazards are present throughout California and are not unique to Malibu. In general, compliance with California Building Code would mitigate these risks. As such, residential development on these sites does not pose a greater risk to residents than other sites in the city due to geologic hazards. The potential risk of seismic activity and geologic hazards would not preclude development of housing on any of the sites listed in the Site Inventory.

The three AHO parcels identified in the Sites Inventory are shown in Figure B-1. A 2013 study of these sites identified ESHA/wetlands resulting from an ephemeral stream located between 28401 and 28517 Pacific Coast Highway. To account for these constraints, the assumed developable area of both parcels has been reduced from 9.1 acres to 5.57 acres and does not include identified ESHA/wetland areas nor the required 100-foot ESHA 146
City of Malibu 2021-2029 Housing Element Appendix B
B-4 August/September 2024
setback. Given these constraints, the capacity of the site has been reduced from 182 units (9.1 acres X 20 dwelling units per acre = 182 units) to 111 units (5.57 acres X 20 dwelling units per acre). The limitations on the size of development on the AHO sites do not preclude housing development on these sites.

No known toxic release, easements, title conditions, airport compatibility overlays, or limitations regarding the shape of or access to the parcels would preclude development on the AHO sites. The only constraint on the AHO sites is environmental to comply with the ESHA requirements.

The reduction of buildable area due to the identified wetlands does not impact the financial feasibility of development on these sites. The value is based on the buildable area, and the capacity of the sites is based on the usable acreage. The usable acreage represents a unique opportunity for multifamily development in the city.

Infrastructure Constraints. The most significant infrastructure constraint to housing development in Malibu is the city’s lack of a public sewer system. All development outside of the Civic Center area must be served by individual on-site wastewater disposal facilities. While this condition makes all residential development (and particularly multifamily development) difficult, the City has no ability to change this condition because of prohibitive cost and lack of available land for a central wastewater treatment facility.

Any multi-family development on AHO sites would require an onsite wastewater treatment system large enough to accommodate the proposed development. The onsite wastewater treatment system would be similar to the systems present on the multifamily developments adjacent to the AHO sites. The estimated cost for an onsite wastewater treatment system for a 61-unit residential project (the number of units assumed on 28517 Pacific Coast Highway) ranges from $300,000 to $550,000. Costs may vary due to the dispersal area type selected for the wastewater system (i.e., seepage pits, leach field, drip dispersal). As with other residential development on sites requiring an onsite wastewater treatment system in the city, the cost of the system would be factored into the overall cost to purchase and develop the site. Accessory Dwelling Units Trends in ADU Construction. In a high-cost housing market such as Malibu, ADUs represent an excellent opportunity to provide housing that is affordable to lower-income persons such as college students, the elderly, household employees and service workers. City records indicate that during the period 2018-2023, 30 ADUs were permitted. By definition, ADUs contain both kitchen and bathroom facilities that are separate from the main house. Additional “guest houses” that did not contain both kitchen and bathroom facilities were not counted in ADU totals.
147
City of Malibu 2021-2029 Housing Element Appendix B
B-5 August/September 2024
Figure B-1
Environmental Constraints on AHO Sites
Candidate Site #1
Candidate Site #2
4467-012-005 4467-013-023
4467-013-022
Wetland ESHA
100 ft Buffer
148
City of Malibu 2021-2029 Housing Element Appendix B
B-6 August/September 2024
Income Levels for ADUs. In December 2020, SCAG published a study of ADU affordability in Southern California1 and concluded that a significant portion of ADUs built recently have been affordable to low- and moderate-income households. For the higher-cost areas of Los Angeles County (“LA County I”) which include the City of Los Angeles and the Las Virgenes‐Malibu, South Bay Cities and Westside Cities subregions, SCAG determined that the following affordability assumptions are appropriate:

Very Low Low Moderate Above Moderate
17% 43% 6% 34%
Source: SCAG 2020
Malibu is located within the Las Virgenes‐Malibu subregion. ADU permits during the 2020- 2023 period in Malibu are as follows:
• 2020: 2
• 2021: 6
• 2022: 6
• 2023: 6
Based on this trend and SCAG’s analysis, it is assumed that 30 ADUs (5 per year) will be produced through the remainder of the planning period from the beginning of 2024 through October 2029. To avoid overcounting ADU production, ADUs permitted between October 2021 and 2023 are assumed to be included in the planned and approved projects listed in Table B-2 below.

Planned and Approved Units
Residential developments approved and permitted, but not yet built (“pipeline projects”) can be credited towards the City’s RHNA for the 6th cycle Housing Element provided it can be demonstrated that the units can be built by the end of the 6th cycle’s planning period. Similarly, units within completed projects which have received a certificate of occupancy on or after June 30, 2021 can also be credited towards the RHNA. A total of 142 units can be counted towards the City’s 6th cycle RHNA: 128 single-family houses, one duplex, and 12 new ADUs. All residential projects in the development pipeline consist of market-rate units affordable to above moderate-income households. All of these units have received building permits or certificates of occupancy. There are no known barriers, other than financing, which would preclude development of the units listed below during the planning period. The City anticipates all projects listed will be completed during the planning period. Table B-2 lists these projects and their current status. 1 https://scag.ca.gov/sites/main/files/file-attachments/adu_affordability_analysis_120120v2.pdf?1606868527 149
City of Malibu 2021-2029 Housing Element Appendix B
B-7 August/September 2024
Table B-2
Planned and Approved Units
Project Project Type Zone
Number of
Units Status
Date
Building
Permit
Issued
5927 BUSCH DR Single-family RR-2 1 CO Issued 7/1/2021
6362 SEA STAR DR Single-family RR-2 1 BP Issued 7/2/2021 6755 DUME DR Single-family RR-1 1 CO Issued 7/13/2021
29407 BLUEWATER RD Single-family RR-1 1 BP Issued 7/16/2021 5936 FILAREE HT Single-family RR-2 1 BP Issued 7/16/2021 6766 WANDERMERE RD Single-family RR-1 1 BP Issued 7/22/2021 5841 BUSCH DR Single-family RR-2 1 BP Issued 7/27/2021
28944 GRAYFOX ST Single-family RR-1 1 BP Issued 7/27/2021 6782 DUME DR Single-family RR-1 1 BP Issued 7/28/2021
28885 CLIFFSIDE DR Single-family RR-1 1 BP Issued 7/29/2021 31510 ANACAPA VIEW DR Single-family RR-5 1 BP Issued 8/2/2021 6534 WANDERMERE RD Single-family RR-1 1 BP Issued 8/12/2021 29905 CUTHBERT RD Single-family RR-2 1 BP Issued 8/13/2021 5837 MURPHY WAY Single-family RR-10 1 BP Issued 8/20/2021 23923 MALIBU RD Single-family SFM 1 CO Issued 8/20/2021 29841 CUTHBERT RD Single-family RR-2 1 BP Issued 9/13/2021 6701 PORTSHEAD RD Single-family RR-1 1 BP Issued 9/14/2021 29441 BLUEWATER RD Single-family RR-1 1 BP Issued 9/21/2021 6285 SEA STAR DR Single-family RR-2 1 BP Issued 10/7/2021 5011 ENCINAL CANYON RD Single-family RR-2 1 BP Issued 10/14/2021 6889 DUME DR Single-family RR-1 1 CO Issued 10/18/2021
5580 BUSCH DR Single-family RR-2 1 CO Issued 10/19/2021 5938 FILAREE HT Single-family RR-2 1 BP Issued 11/19/2021 5656 LATIGO CANYON RD Single-family RR-20 1 BP Issued 11/29/2021 29921 HARVESTER RD Single-family RR-2 1 BP Issued 12/2/2021 22000 PACIFIC COAST HWY Single-family SFM 1 CO Issued 12/8/2021 6703 DUME DR Single-family RR-1 1 BP Issued 12/9/2021
6556 ZUMIREZ DR Single-family RR-1 1 BP Issued 12/16/2021 5909 PHILIP AVE Single-family RR-5 1 BP Issued 12/17/2021 28903 WIGHT RD Single-family SFL 1 BP Issued 12/20/2021 3605 NORANDA LN Single-family RR-5 1 BP Issued 12/27/2021 5705 BUSCH DR Single-family RR-2 1 BP Issued 12/29/2021 29623 CUTHBERT RD Single-family RR-2 1 CO Issued 1/6/2022 150
City of Malibu 2021-2029 Housing Element Appendix B
B-8 August/September 2024
Project Project Type Zone
Number of
Units Status
Date
Building
Permit
Issued
23917 MALIBU RD Single-family SFM 1 CO Issued 1/19/2022 6255 GAYTON PL Single-family RR-5 1 BP Issued 1/21/2022 4732 AVENIDA DEL MAR Single-family RR-2 1 BP Issued 1/21/2022 5942 FILAREE HT Single-family SFM 1 BP Issued 1/27/2022 5814 PHILIP AVE Single-family RR-2 1 BP Issued 2/3/2022 5680 BUSCH DR Single-family RR-2 1 BP Issued 2/9/2022
23921 MALIBU RD Single-family SFM 1 CO Issued 2/17/2022 28871 SELFRIDGE DR Single-family RR-1 1 BP Issued 2/22/2022 30069 HARVESTER RD Single-family RR-2 1 CO Issued 2/23/2022 5540 HORIZON DR Single-family RR-2 1 BP Issued 3/15/2022 29245 BLUEWATER RD Single-family RR-1 1 BP Issued 3/16/2022 30125 HARVESTER RD Single-family RR-2 1 BP Issued 3/24/2022 3507 DECKER RD Single-family RR-20 1 BP Issued 4/6/2022 6556 WANDERMERE RD Single-family RR-1 1 CO Issued 4/7/2022 30340 MORNING VIEW DR Single-family RR-2 1 BP Issued 4/13/2022 29257 BLUEWATER RD Single-family RR-1 1 BP Issued 4/18/2022 29685 CUTHBERT RD Single-family RR-2 1 BP Issued 4/19/2022 32232 PACIFIC COAST HWY Single-family RR-2 1 BP Issued 4/25/2022 24689 PACIFIC COAST HWY Single-family SFM 1 BP Issued 5/10/2022 29725 HARVESTER RD Single-family RR-2 1 BP Issued 6/9/2022 5366 HORIZON DR Single-family RR-2 1 CO Issued 6/13/2022 6536 DUME DR Single-family RR-1 1 BP Issued 6/16/2022
4415 VISTA DEL PRESEAS Single-family RR-2 1 BP Issued 6/20/2022 4707 AVENIDA DEL MAR Single-family RR-2 1 BP Issued 6/27/2022 5707 BUSCH DR Single-family RR-2 1 BP Issued 7/1/2022
6756 DUME DR Single-family RR-1 1 BP Issued 7/15/2022
6136 TAPIA DR Single-family SFL 1 BP Issued 7/18/2022
25260 MALIBU RD Single-family MFBF 1 BP Issued 7/19/2022 23741 HARBOR VISTA DR Single-family RR-1 1 BP Issued 8/11/2022 2930 SWEETWATER MESA RD Single-family RR-40 1 BP Issued 8/12/2022 33834 PACIFIC COAST HWY Single-family RR-2 1 BP Issued 8/16/2022 28904 VERDE MESA LN Single-family RR-5 1 BP Issued 8/17/2022 29960 HARVESTER RD Single-family RR-2 1 BP Issued 8/26/2022 6650 WANDERMERE RD Single-family RR-1 1 CO Issued 9/8/2022 151
City of Malibu 2021-2029 Housing Element Appendix B
B-9 August/September 2024
Project Project Type Zone
Number of
Units Status
Date
Building
Permit
Issued
29706 BADEN PL Single-family RR-2 1 BP Issued 9/12/2022 6170 RAMIREZ CANYON RD Single-family RR-5 1 CO Issued 9/14/2022 6025 PASEO CANYON DR Single-family SFL 1 CO Issued 9/15/2022 29934 CUTHBERT RD Single-family RR-2 1 BP Issued 9/16/2022 29846 HARVESTER RD Single-family RR-2 1 BP Issued 9/27/2022 28116 PACIFIC COAST HWY Single-family RR-2 1 BP Issued 9/29/2022 30107 CUTHBERT RD Single-family RR-2 1 BP Issued 9/30/2022 5849 DEERHEAD RD Single-family RR-2 1 BP Issued 10/10/2022 29863 CUTHBERT RD Single-family RR-2 1 CO Issued 10/11/2022 30072 ANDROMEDA LN Single-family RR-2 1 CO Issued 10/27/2022 5939 BUSCH DR Single-family RR-2 1 BP Issued 11/3/2022
5819 FILAREE HT Single-family RR-2 1 BP Issued 11/22/2022 5936 FILAREE HT Single-family RR-2 1 BP Issued 11/23/2022 29623 HARVESTER RD Single-family RR-2 1 BP Issued 12/6/2022 6711 WANDERMERE RD Single-family RR-1 1 CO Issued 12/14/2022 5960 FLORIS HEIGHTS RD Single-family RR-2 1 CO Issued 12/19/2022 4817 LATIGO CANYON RD Single-family RR-2 1 BP Issued 12/21/2022 5684 CALPINE DR Single-family RR-2 1 BP Issued 12/28/2022 3843 RAMBLA PACIFICO ST Single-family MF 1 CO Issued 1/26/2023 3469 CROSS CREEK RD Single-family RR-5 1 BP Issued 1/30/2023 5811 MURPHY WAY Single-family RR-10 1 CO Issued 2/3/2023 29866 CUTHBERT RD Single-family RR-2 1 BP Issued 2/6/2023 5806 DEERHEAD RD Single-family RR-2 1 BP Issued 2/15/2023 5269 HORIZON DR Single-family RR-2 1 BP Issued 2/17/2023 30612 LA SONORA DR Single-family SFL 1 BP Issued 2/22/2023 33905 PACIFIC COAST HWY Single-family CR 1 BP Issued 3/6/2023 6659 WANDERMERE RD Single-family RR-1 1 CO Issued 3/15/2023 27933 WINDING WAY Single-family RR-2 1 BP Issued 3/30/2023 30181 CUTHBERT RD Single-family RR-2 1 CO Issued 4/19/2023 5916 BONSALL DR Single-family RR-5 1 CO Issued 4/20/2023 33728 PACIFIC COAST HWY Single-family RR-2 1 CO Issued 4/21/2023 7037 BIRDVIEW AVE Single-family RR-1 1 BP Issued 5/2/2023 29805 CUTHBERT RD Single-family RR-2 1 BP Issued 5/4/2023 28863 SELFRIDGE DR Single-family RR-1 1 BP Issued 5/15/2023 152
City of Malibu 2021-2029 Housing Element Appendix B
B-10 August/September 2024
Project Project Type Zone
Number of
Units Status
Date
Building
Permit
Issued
6101 RAMIREZ CANYON RD Single-family RR-5 1 BP Issued 5/16/2023 27420 CALICUT RD Single-family RR-2 1 BP Issued 5/24/2023 6050 MURPHY WAY Single-family RR-10 1 BP Issued 5/25/2023 30099 HARVESTER RD Single-family RR-2 1 BP Issued 5/30/2023 6757 WANDERMERE RD Single-family RR-1 1 CO Issued 6/6/2023 6022 MERRITT DR Single-family RR-2 1 BP Issued 6/8/2023 5825 MURPHY WAY Single-family RR-10 1 BP Issued 6/13/2023 5685 CALPINE DR Single-family RR-2 1 BP Issued 6/29/2023 33161 PACIFIC COAST HWY Single-family RR-2 1 CO Issued 7/10/2023 5716 KANAN DUME RD Single-family RR-5 1 BP Issued 8/1/2023 5260 HORIZON DR Single-family RR-2 1 BP Issued 8/1/2023 34035 PACIFIC COAST HWY Single-family RR-20 1 CO Issued 8/2/2023 28904 WIGHT RD Single-family SFL 1 BP Issued 8/17/2023
6070 MERRITT DR Single-family RR-2 1 BP Issued 8/31/2023 5789 CALPINE DR Single-family RR-2 1 BP Issued 9/6/2023 28900 WIGHT RD Single-family SFL 1 BP Issued 9/6/2023
30087 CUTHBERT RD Single-family RR-2 1 BP Issued 9/20/2023 4346 AVENIDA DE LA ENCINAL Single-family RR-2 1 BP Issued 9/21/2023 30601 MORNING VIEW DR Single-family RR-5 1 BP Issued 9/28/2023 31479 PACIFIC COAST HWY Single-family RR-5 1 BP Issued 10/12/2023 32826 PACIFIC COAST HWY Single-family RR-2 1 BP Issued 10/26/2023 31508 ANACAPA VIEW DR Single-family RR-5 1 BP Issued 10/27/2023 6611 PORTSHEAD RD Single-family RR-1 1 BP Issued 11/6/2023 6636 WANDERMERE RD Single-family RR-1 1 BP Issued 11/7/2023 29140 CLIFFSIDE DR Single-family RR-1 1 BP Issued 11/17/2023 28843 SELFRIDGE DR Single-family RR-1 1 BP Issued 12/12/2023 6666 DUME DR Single-family RR-1 1 BP Issued 12/13/2023
7003 BIRDVIEW AVE SFR Duplex RR-1 2 BP Issued 7/21/2023 5936 FILAREE HT ADU RR-2 1 BP Issued 7/16/2021
6534 WANDERMERE RD ADU RR-1 1 BP Issued 8/12/2021
6889 DUME DR ADU RR-1 1 CO Issued 10/18/2021
29623 CUTHBERT RD ADU RR-2 1 CO Issued 1/6/2022
29725 HARVESTER RD ADU RR-2 1 BP Issued 6/9/2022
2930 SWEETWATER MESA RD ADU RR-40 1 BP Issued 8/12/2022 153
City of Malibu 2021-2029 Housing Element Appendix B
B-11 August/September 2024
Project Project Type Zone
Number of
Units Status
Date
Building
Permit
Issued
33834 PACIFIC COAST HWY ADU RR-2 1 BP Issued 8/16/2022
5814 PHILIP AVE ADU RR-2 1 BP Issued 9/30/2022
5466 HORIZON DR ADU RR-2 1 CO Issued 12/13/2022
5916 BONSALL DR ADU RR-5 1 CO Issued 4/20/2023
29215 CLIFFSIDE DR ADU RR-1 1 BP Issued 11/9/2023
5941 TRANCAS CANYON RD ADU RR-5 1 BP Issued 12/14/2023
Total Planned and Approved Units 142
Source: City of Malibu, 2023
BP = Building Permit; CO = Certificate of Occupancy
Potential to Accommodate the RHNA
Table B-3 summarizes the City’s residential site capacity compared to the RHNA allocation for this planning period. The table shows that there is adequate capacity to accommodate housing needs in all income categories.

Table B-3
Sites Inventory Summary
Housing Sites
Income Category
Lower Moderate Above
RHNA 2021-2029 47 17 15
RHNA Credits - Planned and Approved Units (Table B-2) 0 0 142 RHNA Credits - Potential new ADUs 17 1 12
Remaining RHNA after Credits 30 16 0
Potential new multi-family units (Table B-4) 36 22 53
Buffer provided above remaining RHNA 20% 38%
Adequate Capacity? Yes Yes Yes
Source: City of Malibu, 2024
Affirmatively Furthering Fair Housing
As noted in Appendix F, Affirmatively Furthering Fair Housing, the entire city is designated a High Resource area according to HCD/TCAC opportunity maps. The AHO sites are located in an area with access to transportation while ADUs create opportunities for lower-cost housing in all residential areas throughout the city. Therefore, the Sites Inventory, together with pipeline projects and projected ADUs, will not contribute to segregated living patterns and will facilitate integrated and balanced living patterns and areas of opportunity. An in-depth analysis of the Sites Inventory in relation to fair housing concerns is provided in Appendix F.
154
City of Malibu 2021-2029 Housing Element Appendix B
B-12 August/September 2024
Table B-4
Sites Inventory
APN Address Street
Parcel Size
(acres)
General
Plan/ Zone
Realistic
Density
(units/acre)
Potential Units
Lower Moderate
AboveModerate
4467013022 28517 PACIFIC

COAST HWY

5.12 MF/AHO 20 19 12 30
4467013023 0.74
4467012005 28401 PACIFIC

COAST HWY

3.25 MF/AHO 20 17 10 23
TOTALS 36 22 53
Source: City of Malibu, 2024
Note: Realistic density is based on excluding the non-buildable ESHA. 155
City of Malibu 2021-2029 Housing Element Appendix B
B-13 August/September 2024
Figure B-2
Residential Land Inventory Map

156
City of Malibu 2021-2029 Housing Element Appendix B
B-14 August/September 2024
This page intentionally left blank.
157
City of Malibu 2021-2029 Housing Element Appendix C
C-1 August/September 2024
Appendix C – Public Participation Summary
Summary of Public Participation
The Housing Element must reflect the values and preferences of the community.

Accordingly, community participation is an important component of the development of this Housing Element. Government Code Section 65583(c)(8) states that the local government must make “a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element.” This process not only includes community members, but also participation from local agencies and housing groups, community organizations, and housing sponsors. This update to the Housing Element has provided residents and other interested parties with numerous opportunities for review and comment on this document and on City housing policies and programs. The City of Malibu solicited input from stakeholders and community members through public meetings. To inform the community about the Housing Element update, the City contacted more than 260 residents, stakeholders, and organizations that serve special needs households and renters, provide affordable housing, and offer fair housing services.

The most common issues raised during the Housing Element update process included the following:
• Insufficient affordable housing for lower-income persons who work in Malibu • Effect of short-term rentals on the supply of housing • High cost of development in Malibu
• Concern about housing development given environmental constraints, including the high risk of fire hazard, environmentally sensitive habitat areas, geological hazards, flood hazards, water supply constraints, lack of a communitywide wastewater system, limited roadway access, and sea level rise These issues are addressed, to the extent feasible, in the policies and programs described in the Housing Plan.

Public Noticing
• To reach the largest and broadest spectrum of community members and stakeholders, the City utilized the following notification methods throughout the duration of the Housing Element update process: Early in the process the City created a website dedicated to the 2021 Housing Element update, and a Housing Element FAQ was prepared and posted on the website along with meeting notices and other housing reference information. Public notices of all Housing Element meetings and public hearings were published in The Malibu Times in advance of each meeting, as well as posted on the City’s website. Meeting notices were also posted on bulletin boards at City Hall and the Library. • The City utilized social media such as Facebook, Instagram, Twitter/X, and Next Door to advertise the Housing Element and public workshops. 158
City of Malibu 2021-2029 Housing Element Appendix C
C-2 August/September 2024
• Malibu City TV, a government access channel was used to broadcast City Council and Planning Commission hearings, as well as provide notices of events such as workshops.
• The City maintains an interested party email and mailing list for those who have requested regular updates about the Housing Element update and notices for public workshops and public hearings.
• The City mailed postcards to all residents that included a URL to the Housing Element update website and invitations to attend the June 23, 2021 public workshop, July 21, 2021 Planning Commission study session, August 23, 2021 City Council study session, January 17, 2024 City Council Session, as well as Planning Commission and City Council adoption hearings.
• Throughout the Housing Element update process, the City encouraged organizations that serve low-income groups and persons with special needs to participate in all Housing Element update meetings through direct mail or e-mail notices. The notification list included the following local and regional non-profit housing providers, housing advocates, and fair housing organizations.

In 2023 and 2024, the City updated the notification list for the Housing Element to include additional relevant organizations. Identified contacts at the following organizations received notification of the revised Housing Element:
• Abode Communities
• Abundant Housing LA
• AMCAL Multi-Housing, Inc.
• Affordable Living for the Aging
• Building Industry Association
• California Housing Partnership
• Habitat for Humanity
• Housing Rights Center
• Jamboree Housing Corp
• Legal Aid Foundation of LA
• LINC Housing
• Los Angeles County Development Authority
• Meta Housing
• National CORE℠ and Hope Through
Housing Foundation
• SoCal Association of Non-Profit Housing
• SoCal Housing Dev. Corp
• The People Concern
• Thomas Saffron and Associates
• Upward Bound House
• Malibu Community Assistance Resource
Team (CART)
Project Website
To facilitate the distribution and gathering of information, a project website dedicated to the Housing Element update was created. The project website provided detailed background information on the Housing Element, answers to frequently asked questions, links to upcoming and past event materials, links to articles and videos on the general plan topics, including the Housing Element. Educational materials included an introduction, informational flyers, and frequently asked questions specifically on the housing element (https://www.malibucity.org/370/Housing-Element-Update). Project materials associated with the Housing Element update were regularly posted on the 159
City of Malibu 2021-2029 Housing Element Appendix C
C-3 August/September 2024
project website, including documents available for public review, information for upcoming events, and virtual workshop PowerPoint presentations and video recordings.

Community Outreach
The City conducted the following outreach events to solicit public comments on the Housing Element.

Virtual Workshop
A virtual public workshop was conducted on June 23, 2021 to provide an overview of the Housing Element and solicit public comments regarding housing needs in the community.

An in-person workshop was not an option at the time due to COVID-19 protocols. The Housing Element update team introduced the Housing Element goals and requirements to the community, educated the community on housing element requirements, and increased public understanding of the decision-making process and importance of public participation.

The following themes emerged from comments received:
• Residents asked about using accessory dwelling units (ADUs) to meet the City’s Regional Housing Needs Allocation (RHNA) including the potential to place income limits, or deed restrictions on ADUs, monitoring the affordability of ADUs, the potential to for ADUs to accommodate different family sizes, and whether ADUs that are used for family members or employees can accommodate the RHNA.
• Attendees expressed concern that the population of permanent residents is shrinking, while the City continues to permit second units and short-term rentals.

Residents requested limits on the number of short-term rentals and to focus the City’s housing development for permanent residents.
• Residents were concerned about potential penalties that the City would incur for not complying with State Housing Element law, including the possibility of enacting a streamlined permit process.
• Attendees expressed that regulatory and environmental constraints, such as California Coastal Commission regulations, wildfire risks, lack of evacuation routes, lack of sewer service, and effluent controls, limit the City’s ability to meet the RHNA.
• Attendees expressed a desire to build more affordable housing and to be more inclusive to a variety of income levels, persons with disabilities and marginalized communities such as seniors, veterans and people experiencing homelessness. • Landlord harassment and tenant discrimination is occurring with the city. Students are particularly targeted, as they are not always educated on tenants’ rights.

The City categorized this feedback and the Housing Element was tailored to accommodate those themes as follows:
160
City of Malibu 2021-2029 Housing Element Appendix C
C-4 August/September 2024
Need for ADUs to provide affordable housing options.

How addressed:
• The latest revision of the Housing Element added additional analysis of current zoning regulations for ADUs and identified potential constraints to ADU development.
• To support the production of ADUs, the City strengthened its ADU program during the latest revision to the Housing Element and added new program objectives.

Housing Program 4.1.a was added to the Housing Plan, which directs the City to pursue mechanisms to facilitate the construction of ADUs, such as pre-approved standards for ADU foundation plans and expanding or extending fee waivers for ADU development beyond state law. The City will also create an ADU Amnesty Program that allows property owners who have unpermitted ADUs on their property to bring them up to code and get them permitted without facing any penalties or fines. These actions will promote ADU development by streamlining ADU permitting and reducing financial barriers.

Need for regulation on short-term rentals to support housing options for permanent residents.

How addressed:
• The Housing Element analyzed the City’s regulations regarding short-term rentals.

The City is currently working on a short-term rental ordinance that balances the need for overnight accommodations and the availability of long-term rental housing.

Need for a streamlined permitting process for affordable housing.

How addressed:
• The latest revision of the Housing Element added additional analysis of the permitting process for single-family and multi-family development in Malibu as well as the permit and environmental review time for development applications. • To support the production of affordable housing, the City strengthened and added programs for streamlining the City’s permitting process and for promoting affordable housing development under Housing Program 3.4, which directs the City to amend density bonus regulations in conformance with current state law and continue to monitor up and coming density bonus legislation. In addition, the City will inform housing developers about the City’s density bonus program during pre‐development conferences, inquiries, and with applications and emphasize development potential. The City will also provide technical assistance to developers on how to use the Density Bonus incentives and maintain information on density bonus incentives on the City’s website.
• During the latest revision to the Housing Element, the City added programs and objectives to expedite project review, including Housing Program 4.2.a, which directs the City to continue Pre-Design Review for project applicants to serve as a cost-effective alternative to a first submittal, and to evaluate major costs or issues with the proposed development; Housing Program 4.2.b, which directs the City to 161
City of Malibu 2021-2029 Housing Element Appendix C
C-5 August/September 2024
identify new or improved data and technology solutions to support faster development project review and greater access to housing and land use information; and 4.2.c, which directs the City to develop written procedures for SB 35 Streamlined Ministerial Approval Process.

Need to balance regulatory and environmental constraints with the need for more affordable housing.

How addressed:
• During the latest revision to the Housing Element, revised development assumptions for the sites identified for affordable housing took into consideration a previous environmental study of these sites. The study documented wetlands on the sites of 28401 and 28517 Pacific Coast Highway. The development assumptions for these sites exclude protected wetland areas plus a buffer. Additionally, these sites were selected based on zoning for allowable densities and proximity to transit and services.
• The Housing Element analyzed the City’s General Plan, Local Implementation Plan, and Zoning Ordinance and identified regulatory and environmental constraints to affordable housing development in the city.

Support for transit-oriented development and increasing density in areas with existing services.

How addressed:
• The latest revision to the Housing Element includes the development of a full AFFH analysis, which analyzed access to public transit throughout the city, which determined that the eastern area of the city has greater transit access than the western area. Overall, transit access was identified as low which few jobs accessible by transit. Revisions to the Site Inventory identified sites for multi-family housing development were selected based on zoning for allowable densities and proximity to transit and services.
• To support transit-oriented development, the City added Housing Program 3.2, which directs the City provide development subsidy for affordable housing units with an effort to locate such housing near transit and essential services, subject to funding availability.

Need increased resources and housing options for people experiencing homelessness and other marginalized communities.

How addressed:
• The revised Housing Element includes an analysis of the City’s compliance with AB 2339 to ensure compliance with state law for emergency shelters and that the City’s zoning regulations for emergency shelters is adequate to accommodate the number of identified homeless residents in the city. The assessment identified that the City’s Zoning Ordinance does not comply with AB 2339, which the City addressed by adding Housing Program 2.4.c.
162
City of Malibu 2021-2029 Housing Element Appendix C
C-6 August/September 2024
• To address housing needs for lower-income and special housing needs groups, the City added and strengthened several programs and objectives designed to expand resources and opportunities during the latest revisions to the Housing Element. Housing Program 3.1 directs the City to prioritize contacting qualified housing developers to identify affordable housing development opportunities that serve the needs of special needs populations, including seniors, homeless, femaleheaded households, large families, low-income, and/or persons with disabilities.

Additionally, Housing Program 3.1 promotes the Housing Choice Voucher (HCV) program to landlords (including ADU owners) and residents with the goal of increasing the number of vouchers used.

Need for increased access and services for education on housing rights and resources to reduce displacement.

How addressed:
• Housing Program 1.1 directs the City to disseminate information to residents about code enforcement and amnesty information.
• Housing Program 1.5 was amended and strengthened during the latest revision.

The program directs the City to monitor future affordable housing units that could potentially convert to market-rate units, including rent-restricted ADUs and JADUs. • Housing Program 5.1 was amended and strengthened during the latest revision.

The program directs the City to promote the services of HRC to provide fair housing and tenant/landlord services, including fair housing counseling and education and tenant/landlord counseling and mediation. The City will advertise available fair housing services.
• Housing Program 5.2 was amended and strengthened during the latest revision.

The program directs the City to provide information and referral services that direct families and individuals to financial resources for housing rental or purchase, locating suitable housing in areas of opportunity, and obtaining housing with special needs facilities such as disabled-accessible units to enhance housing choices and mobility.
• Housing Program 1.4 was amended and strengthened during the latest revision.

The program directs the City to conserve existing mobile home parks by ensuring compliance with state regulations in the event of a park conversion and mailing information to all mobile home park tenants to increase awareness of the Mobilehome Rent Park Control Ordinance.

Input from Public Review and Public Meetings
The initial Draft 6th Cycle Housing Element was available for public review in June 2021.

The City received comment letters via email from two individuals and organizations.

Public meetings to review the draft Housing Element were conducted by the Planning Commission on July 22, 2021 and City Council on August 23, 2021. The presentations consisted of an introduction to the housing element, explanation of the RHNA, and an overview of the draft Housing Element.
163
City of Malibu 2021-2029 Housing Element Appendix C
C-7 August/September 2024
After receiving comments on the draft Housing Element from the California Housing and Community Development Department (HCD), a revised draft Housing Element was reviewed at a Planning Commission public hearing on November 15, 2021 and adopted by the City Council at a public hearing on January 10, 2022.

The Housing Element was revised to incorporate public comment prior to resubmittal to HCD on January 21, 2022. Specifically, the Housing Element was amended as follows:
• Additional analysis was incorporated regarding special housing needs populations and regulatory controls.
• Additional analysis regarding the environmental and infrastructure constraints was incorporated into the Sites Inventory.
• Revised housing programs to update the City’s compliance with state laws, affirmatively furthering fair housing, and ADU promotion.

During the initial Housing Element public review draft, the City received two written comments. One from an individual resident on June 21, 2021, and one from Abundant Housing LA (AHLA) on November 30, 2020. The individual resident expressed concerns about the affordability and supply of housing in Malibu. They recommended several actions the City can take, including streamlining the permitting process for ADUs, prioritizing rebuilding after the Woosley fire, incentivizing construction, creating a property owners registry for low-income units, establishing rent controls, and conversion of singlefamily homes into multi-family buildings. AHLA expressed concerns related to the predominance of single-family housing in Malibu and requested the City to increase residential densities by rezoning areas designated by the California Tax Credit Allocation Committee (TCAC) as high opportunity areas. AHLA also requested the City to develop a quantitative methodology to plan for additional housing growth in areas with access to transit, jobs, schools, and low environmental pollution burden.

The City acknowledges the desire for higher density housing but must contend with the significant environmental constraints that exist throughout the city, including high fire hazards, environmentally sensitive habitat areas, geological problems, the lack of a community wastewater system, limited access for emergency vehicles, and state laws and Coastal Commission policies that limit residential development in areas with such constraints. These constraints are further described in Chapter 7.3, Constraints. To increase density in residential zones, the City adopted an ADU ordinance in January 2024.

As described in Appendix B, Residential Land Inventory, the City has identified adequate sites to fully accommodate the RHNA allocation for the planning period. The site capacity methodology considered environmental constraints. The sites are located along the Pacific Coast Highway and have access to public transit.

The Housing Element was subsequently revised to address HCD comments included in its March 22, 2022 letter. The revised Housing Element was posted on the City’s website on January 8, 2024 and was made available for public comment between January 16, 2024 and January 24, 2024.

City staff offered office hours during the public review period to answer questions by appointment during the following times: January 16, 2024 from 3:00 PM to 5:00 PM, and January 18, 2024 from 10:00 AM to 12:00 PM.
164
City of Malibu 2021-2029 Housing Element Appendix C
C-8 August/September 2024
A public meeting in the form of a City Council study session was held on January 17, 2024.

The presentation consisted of an overview of major updates to the Housing Element and next steps. During the public review period and at the City Council study session, the City received comments from nine individuals through emails, verbal comments, and phone calls.

The City received two emails during the revised Housing Element public review period in January 2024. The commentors expressed a desire for resources and quality housing for special needs populations, expressed that using housing vouchers within the city is challenging, and requested the City be more proactive in bringing affordable housing to the area. As described above, the City has included programs in the Housing Plan to provide for special needs populations, encourage affordable housing development, and promote the HCV Program.

The City also received four phone calls during the January 16-24, 2024 public review period. The callers expressed a desire to live in Malibu and are seeking affordable housing. However, there are difficulties finding units that allow for housing vouchers, as well as units that accommodate low-income individuals with disabilities. The callers emphasized the need for housing for disabled and other vulnerable populations.

Shortly before and during the January 16-24, 2024 public review period, the City was contacted by two property owners interested in developing affordable housing for lowand moderate-income households. While these sites are not included in the Sites Inventory and do not have an AHO designation, these inquiries demonstrate that there is interest in developing affordable multi-family housing in the city.

Following the preliminary review by HCD, the Housing Element was revised and the City published the Revised 2021-2029 Housing Element on March 13, 2024 for public review.

The City received eight comment letters during the March 13 to March 20, 2024 public review period. One of the comments received notified the City of the failure of a website link on a device, and another comment advertised business services to the City. The other comments regarded expanding the ADU and mobile home programs, adding incentives for owners to rent to low-income residents and special needs populations, expanding the mobile home program, services for the homeless population, requests for additional density, and reducing short-term rentals.

In addition to those eight comment letters, four comment letters were sent directly to HCD, including one in November 2022, two in January 2024, and one in March 2024. One of the comments received provided a complaint regarding a home manufacturer in Malibu. Two other comment letters supported the City’s compliance with state law regarding the City’s ADU ordinance, Site Inventory, and Housing Element update; and supported housing for lower- and moderate-income households and affirmatively furthering fair housing opportunities. One comment letter desired an analysis of the City’s compliance with the Permit Streamlining Act.

Following receipt of comments by HCD dated March 22, 2024, the Housing Element was revised, and the City published the Revised 2021-2029 Housing Element for a seven-day public review period from April 29, 2024 to May 6, 2024. One public comment was received on May 3, 2024, requesting information on renting affordable housing that is developed in Malibu.
165
City of Malibu 2021-2029 Housing Element Appendix C
C-9 August/September 2024
The following themes emerged from comments received during public review and at the public meetings:
• Residents would like to see the City to be held accountable for implementing programs identified in the Housing Element, particularly relating to programs for building affordable housing for seniors, teachers, and firefighters. • There is a discrepancy between the amount of housing that is available for highincome residents and the limited housing that is available for low-income residents. There is a large housing gap for those in need of housing. • When new residential development replaces former buildings, existing residents are displaced and do not return.
• It is very difficult for a voucher holder to locate housing in Malibu. There are very few voucher program units. Residents requested more information provided to landlords to prevent discrimination based on income source and disability. • ADUs are not adding to the housing stock, but are used to increase home values for wealthy residents.
• Residents would like the City to expand their ADU program and provide incentives to property owners that rent to low-income renters.
• Concern for housing for special needs populations, such as foster children and families, residents with disabilities, and other vulnerable groups. • Incentivize hiring special needs populations, and more services for people with special needs to help find permanent housing.
• Concern with losing open space with increased residential density. • Suggestions to include HOME funds in the City’s funding availability. • Expand opportunities for mobile homes as a form of affordable housing. • Rezone to allow for more housing.
• Create safe parking sites for people who live in their cars. • Allow for housing on the former Malibu Golf Course.
• Suggestions for enforcing mandatory inspections and nuisance laws, providing tax breaks for long-term rentals as an incentive, and limiting short-term super hosts. • Support for the City to support higher density projects and to coordinate meetings with developers.
• Request to include an analysis of the City’s compliance with state streamlining laws, including California Environmental Quality Act (CEQA) streamlining. • Concerns that the Affordable Housing Overlay (AHO) zone has a maximum density of 20 units per acre, rather than the minimum density required by state law.

Additionally, there were concerns that the height limits of 18 feet constrains development, and the Multifamily Beach Front District density assumptions are inaccurate and cannot accommodate the planned density.

In response to the comments received during public review and at public meetings, the Housing Plan was amended according to the following themes:
166
City of Malibu 2021-2029 Housing Element Appendix C
C-10 August/September 2024
Need for affordable housing options.

How addressed:
• During the latest revision to the Housing Element, the City strengthened objectives to support affordable housing opportunities. Housing Program 3.3 directs the City to prioritize Affordable Housing Trust Fund assistance to developers for affordable housing projects that provide units that serve the needs of at least one special needs group. Housing Program 3.3 also directs the City to support services that meet the needs of City residents, especially extremely low-income households and special housing needs populations, that support mobility options and housing choices, and to provide funding to the City’s Outreach Team and Housing Navigator to coordinate with landlords and shelter facilities throughout Los Angeles County.

Need for income source discrimination prevention.

How addressed:
• Housing Program 3.1 was amended and strengthened during the latest revision.

The program directs the City to promote the HCV program to landlords (including ADU owners) and residents with the goal of increasing the number of vouchers used.
• Housing Program 5.1 was amended and strengthened during the latest revision.

The program directs the City to promote the services of HRC to provide fair housing and tenant/landlord services, including fair housing counseling and education and tenant/landlord counseling and mediation, and to provide informative materials on fair housing resources with ADU applications. The City will advertise available fair housing services.

Need increased resources and housing options for special needs populations.

How addressed:
• Housing Program 1.2 directs the City to provide technical housing rebuild assistance to lost or damaged homes as needed, prioritizing low- or moderateincome households and/or special housing needs households. • Under Housing Program 1.3, the City will provide housing rehabilitation assistance to lower-income, elderly, and/or disabled households. Providing financial assistance for home repairs to at risk households will reduce displacement risk caused by substandard housing conditions.
• During the latest revision to the Housing Element, the City also strengthened objectives to support affordable housing opportunities. Housing Program 3.3 directs the City to prioritize Affordable Housing Trust Fund assistance to developers for affordable housing projects that provide units that serve the needs of at least one special needs group. Housing Program 3.3 also directs the City to support services that meet the needs of City residents, especially extremely low-income households and special housing needs populations, that support mobility options and housing choices, and to provide funding to the City’s Outreach Team and 167
City of Malibu 2021-2029 Housing Element Appendix C
C-11 August/September 2024
Housing Navigator to coordinate with landlords and shelter facilities throughout Los Angeles County.
• During the latest revision to the Housing Element, the City added Housing Program

3.3 to promote awareness of the City’s exemption on the Utility Use Tax for senior households (MMC Chapter 3.28), which will reduce housing cost burden for that population. The City will also support services that meet the needs of City residents, including an annual senior resources fair, Dial-A-Ride services, and information on how to access assisted living housing.
• During the latest revision to the Housing Element, the City strengthened Housing Program 3.4, which directs the City to promote the use of density bonuses to facilitate production of affordable and senior housing. • During the latest revision to the Housing Element, the City strengthened Housing Program 5.2, which directs the City to require the project developers of affordable housing projects or projects with affordable units to implement an Affirmative Fair Marketing Plan to outreach to a diverse population. The Housing Program also directs the City to Provide information and referral services that direct families and individuals to financial resources for housing rental or purchase, locating suitable housing in areas of opportunity, and obtaining housing with special needs facilities such as disabled-accessible units to enhance housing choices and mobility.

Stakeholder Interviews
On April 19, 2024, the City contacted organizations with local knowledge of the housing needs of special needs populations to arrange one-on-one interviews. The following organizations were contacted:
• Malibu C.A.R.T.
• The People Concern
• Esperance Center
• Catholic Charities of Los Angeles, Inc.
• Salvation Army - California South
• Lutheran Social Services of Southern California (LSSSC) • St. Joseph Center
The People Concern and Malibu C.A.R.T. responded to interview requests. The People Concern operates throughout Los Angeles County and provides services to people experiencing homelessness, including outreach, interim housing, mental and medical health care, substance abuse services, domestic violence services, life skills and wellness programs, and permanent supportive housing. Malibu C.A.R.T. (Community Assistance Resource Team) operates in Malibu and connects people experiencing homelessness to services. The organizations were encouraged to provide input on the housing needs, conditions, and services for special needs populations, and input on the challenges and opportunities with their work. Both organizations primarily serve residents in the city experiencing homelessness. The following discussion summarizes the input received during the interviews:
168
City of Malibu 2021-2029 Housing Element Appendix C
C-12 August/September 2024
• Existing services and resources in Malibu:
• The Labor Exchange, a program supported by the City, assists housed day laborers with connections to prospective hires and provides English as a Second Language classes.
• The Veteran Peer Access Network, operated through the Department of Mental Health outreach program, is an effective partnership for The People Concern, offering an alternative for veterans who may be reluctant to seek assistance from Veterans Affairs (VA) services.
• The City’s Public Safety Department and the Sheriff's Department maintain a respectful separation between law enforcement responsibilities and assistance for social services. The Sheriff’s Department prioritizes fire prevention and ensuring that unhoused residents are removed from fire-prone areas such as the canyons.
• Malibu benefits from a close-knit community with a high degree of collaboration between public safety and law enforcement officers, lifeguards, library staff, and community volunteers. This high degree of collaboration benefits response times, service accessibility, and information sharing for assisting unhoused residents.
• The City has an agreement with Turning Point for three interim housing beds in Santa Monica.
• Housing and services challenges in Malibu:
• Malibu's expansive area and topographic isolation from the rest of the region creates logistical challenges for providing accessible social services for unhoused and lower-income residents, requiring long vehicle or bus trips for basic needs.
• Recruiting employees for jobs in the city, particularly for lower- and moderateincome jobs, is challenging due to high cost of living and long commutes, especially via public transit. Lower-income workers, particularly those who work temporary jobs such as construction, sometimes sleep in their vehicles on the street to avoid commuting. Middle-income public employees, such as police and teachers, experience high turnover due to the lack of affordable housing options.
• Wraparound services, including mental health, substance abuse, medical care, and transportation services, are needed for lower-income residents. • The high cost of land in Malibu makes establishing interim housing difficult. • Suggestions for collaboration, resources, and opportunities:
• There is potential for collaboration with the County to build emergency shelters on County property in Malibu near services and transit. • Potential solutions for interim or emergency housing could include repurposing existing City facilities or enacting zoning changes to allow this type of housing. • The City’s website can provide information on available housing resources for residents, particularly seniors, public employees, and local employees. 169
City of Malibu 2021-2029 Housing Element Appendix C
C-13 August/September 2024
• Trends and characteristics among the unhoused population:
• Veterans comprise a small portion of the unhoused residents. • There are several long-term homeless individuals who have resided in the city for decades and their circumstances and needs vary by person. • The unhoused population includes families, couples, and the elderly. There has been an observed increase in unhoused older individuals and female residents in recent years.
• Substance use has shifted in recent years from alcohol to methamphetamine and fentanyl, leading to behavioral challenges such as psychosis and disruptive behavior. These behavioral challenges can make it difficult for service providers to establish and maintain care.
• Some individuals were previously housed in Malibu but became homeless, particularly following events like the Woolsey Fire. Residents who were living on someone else’s property in a guest home or trailer were more likely to be impacted by housing needs. Despite emergency housing vouchers being available after the fire, they were not utilized by all affected individuals. • Most unhoused residents in Malibu did not previously have housing in the city; most arrived in the city for various reasons after becoming homeless. • Homeless individuals are frequently found in locations like the library and Legacy Park.

The Housing Plan was updated to incorporate this feedback into the program actions.

Housing Program 3.3 directs the City to prioritize Affordable Housing Trust Fund assistance for affordable housing projects that provide units that serve the needs of special needs groups, such as seniors and lower-income employees. Housing Program 3.3 also directs the City to Implement the City’s Homelessness Task Force and provide funding to conduct outreach and coordinate with landlords and shelter facilities throughout Los Angeles County and ensure there are sufficient beds available to Malibu residents experiencing homelessness.
170
City of Malibu 2021-2029 Housing Element Appendix C
C-14 August/September 2024
This page intentionally left blank.
171
Housing Element
Virtual Public Meeting
Wednesday, June 23 at 6:30 PM

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
172
Please join the 2021-2029 Draft Housing Element workshop to learn about the City’s obligations and provide input on how major issues will be addressed in the updated Housing Element, including how City policies, plans and regulations help to further the development, improvement, and preservation of housing in order to meet the existing and projected needs of our community.

This meeting is to gather input from members of the public and no action will be made at this meeting. A public hearing to consider adoption of the 6th Cycle 2021-2029 Housing Element will be held at a later date, and a public notice will be provided in advance of that hearing.

MalibuCity.org/HousingElement
All project background information and viewing and
commenting instructions for the meeting are posted at:

YOU’RE INVITED!
173
City of Malibu
2021 Housing Element Update

Planning Commission
June 23, 2021
174
Malibu General Plan

1.0 Land Use

2.0 Open Space and Recreation

3.0 Conservation

4.0 Circulation and Infrastructure

5.0 Safety and Health

6.0 Noise

7.0 Housing
Overview
175
Overview
• Housing Element required in General Plan since 1969
• Extensive legal requirements
• Housing Element updates required every 8 years
✓2021-2029 update required by State law (“6th cycle”)
• State oversight & Housing Element “certification”
176
Housing Element
Certification
• Limitations on local land use control
• Housing is a “matter of statewide importance”
• State Legislature has delegated HCD authority to review Housing Elements for compliance (“certification”)
• Potential legal consequences for non-compliance
• Certification supports the legal validity of the Housing Element and General Plan
177
Housing Element
Guiding Principles
• Maintain & improve existing housing
• Plan for new housing to accommodate growth and
a variety of housing for all economic segments
• Minimize constraints to housing
• Fair housing
178
What is Affordable Housing?
LA County Median
Income = $80,000
Income
Limits
Affordable
Rent
Affordable
Price (est.)
Extremely Low (<30%) $35,450 $886 ---
Very Low (31-50%) $59,100 $1,478 ---
Low (51-80%) $94,600 $2,365 ---
Moderate (81-120%) $96,000 $2,400 $425,000
Above Mod (>120%) >$96,000 >$2,400 >$425,000
Assumptions:

Based on a family of 4
30% of gross income for rent or PITI
10% down payment, 3.75% interest, 1.25% taxes & insurance, $300 HOA dues 179
Key Requirements
Housing regulations consistent with State law
✓Persons with special needs
Regional Housing Needs Assessment (RHNA)
✓Adequate sites to accommodate assigned need
180
Special Needs
Housing for persons with special needs
✓Affordable workforce housing
✓Transitional housing
✓Supportive housing
✓Emergency shelters
✓Residential care facilities
✓Accessory dwelling units (ADUs)
181
RHNA
• Mandated by State law since 1980
• Total housing need assigned to each region by HCD
• RHNA Plan prepared by SCAG
• Each city & county assigned a share of total need based on projected growth, existing need & access to jobs & transit • RHNA allocation distributed among 4 income categories 182
RHNA
RHNA requirements in State law
• Planning
✓ City must ensure that plans and development regulations can accommodate the RHNA allocation in all income categories ✓ Housing Element certification requires “adequate sites” • Production
✓ Housing Element certification not contingent on achieving the RHNA allocation
✓ If housing production falls short of the RHNA allocation, streamlined permit processing required for some projects 183
RHNA
6th Planning Cycle (2021-2029)
SCAG region: 1,341,827 units
Los Angeles County: 812,060 units
Malibu: 79 units
184
RHNA
Malibu (2021-2029)
Income Category Units
Very low 28
Low 19
Moderate 17
Above mod 15
Total 79
185
RHNA Summary
• Planning target, not a construction quota
• Sites inventory must accommodate the RHNA
• Lower-income need can be accommodated
through:
✓ Multi-family residential zoning (20+ units/acre)
✓ Mixed-use or “overlay” zoning (20+ units/acre)
✓ Accessory dwelling units (ADUs)
• If sites inventory does not accommodate the
RHNA, rezoning is required
186
Next Steps
Date Milestone
Spring/Summer 2021 Research & analysis
Public outreach
Planning Commission study session
Summer 2021 Prepare Draft Housing Element
Public review
Planning Commission review
City Council review
HCD review & consultation
Fall 2021 Prepare Revised Draft Housing Element
Public review
Planning Commission review
City Council hearing & adoption
HCD review & certification
187
For more information:
https://www.malibucity.org/HousingElement
Questions & comments?
[email protected]
188
June 2021 Page 1
Frequently Asked Questions
Malibu 2021-2029
Housing Element Update

1. What is a Housing Element?
State law1requires each city to adopt a comprehensive, long-term General Plan for its physical development. General Plans include several “elements” that address various topics. The Malibu General Plan2is organized into the following elements: Land Use, Circulation and Infrastructure, Conservation, Open Space and Recreation, Safety and Health, Noise, and Housing.

Most portions of city General Plans have a “time horizon” of 20-25 years; however, State law requires that Housing Elements be updated every 8 years. Housing Element planning periods are sometimes referred to as cycles. The City’s current Housing Element covers the planning period extending from 2013 to 2021, which is referred to as the “5 th
Housing Element cycle” in reference to the five required updates that have occurred since the comprehensive revision to State Housing Element law in 1980. Every city in the Southern California Association of Governments (“SCAG”) region3is required to prepare a Housing Element update for the 6th planning cycle, which spans the 2021-2029 period, regardless of when the other elements of the General Plan were adopted.

State law4 establishes detailed requirements for Housing Elements, which are summarized in California Government Code Section 65583:

The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. 1 California Government Code Sec. 65300 et seq.
2 http://qcode.us/codes/malibu-general-plan/
3 The SCAG region includes Los Angeles, Orange, Riverside, San Bernardino, Ventura and Imperial counties. 4 California Government Code Sec. 65580 et seq.
189
Malibu 2021 Housing Element FAQ
June 2021 Page 2

2. What are the most important issues that must be
addressed in the Housing Element?
The major issues that must be addressed in the Housing Element are: 1) how City policies, plans and regulations help to meet the region’s housing needs for people at all income levels; and 2) how City land use regulations accommodate the special housing needs of persons with disabilities or other difficulties. • Accommodating Regional Housing Needs. Every community is dependent on a variety of low- and moderate-income workers in jobs such as child and elder care, medical support, business and personal services, retail trade, and maintenance. While governmental programs provide funding assistance for affordable housing, city plans and regulations determine the type of housing that can be built. Therefore, a sufficient supply of affordable housing is dependent on both financial assistance and city development regulations.

Under State law5 all cities are required to plan for additional housing to accommodate population growth and existing housing problems such as overcrowding and high housing cost. State law recognizes that most housing is built by private developers, not cities. However, cities are required to adopt policies, plans, and development regulations to encourage a variety of housing types that are affordable for persons at all income levels, including multi-family rental housing and accessory dwelling units (“ADUs”). The Regional Housing Needs Assessment (“RHNA”) is the process by which each jurisdiction’s share of new housing needs is determined (see #4 below).
• Housing for Persons with Special Needs. Under State law6cities must also ensure that their plans and regulations encourage the provision of housing for persons with special needs including:
✓ Reasonable accommodation for persons with disabilities ✓ Transitional and supportive housing
✓ Residential care facilities
✓ Emergency shelters and “navigation centers”

3. What is “affordable” housing?
By definition, housing is considered “affordable” when total housing cost, including utilities, is no more than 30% of a household’s gross income. State law describes five income categories, which are based on county median income as shown in Table 1.

Table 1. Household Income Categories
Income Category % of county
median income
Extremely low Up to 30%
Very low 31-50%
Low 51-80%
Moderate 81-120%
Above moderate Over 120%
Source: California Government Code Sec. 65584(f)
5 California Government Code Sec. 65583
6 California Government Code Sec. 65583(a)(5)
190
Malibu 2021 Housing Element FAQ
June 2021 Page 3
Affordable housing costs for all jurisdictions in Los Angeles County that correspond to these income categories are shown in Table 2. Affordability figures are adjusted each year and are based on family size.

Table 2. Income Categories and Affordable Housing Costs – Los Angeles County Income Category
Maximum
Income
Affordable
Rent
Affordable Price
(est.)
Extremely low $35,450 $886 *
Very low $59,100 $1,478 *
Low $94,600 $2,365 *
Moderate $96,000 $2,400 $375,000
Above moderate >$96,000 >$2,400 >$375,000
Assumptions:
-Based on a family of 4 and 2021 State income limits
-30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance -10% down payment, 3.75% interest, 1.25% taxes & insurance, $350 HOA dues * For-sale affordable housing is typically at the moderate-income level Source: Cal. HCD; JHD Planning LLC

4. What is the “RHNA” why is it important?
Each California city is required to plan for new housing to accommodate a share of regional needs. The Regional Housing Needs Assessment (“RHNA”) is the process established in State law7 by which each city’s housing needs are determined.

Prior to each Housing Element planning cycle the region’s total housing need is determined by the California Department of Housing and Community Development (“HCD”) based upon economic and demographic trends, existing housing problems such as overcrowding and overpayment, and additional housing needed to ensure reasonable vacancy rates and replace units lost due to demolition or natural disasters. The total housing need for the region is then distributed to cities and counties by SCAG based upon criteria established in State law.8
In 2019 HCD determined that the total new housing need for the entire SCAG region in the 6th Housing Element cycle is 1,341,827 units. SCAG then prepared a RHNA plan that allocates a share of the RHNA to each jurisdiction in the region.9 Table 3 shows the RHNA allocations for Malibu, Los Angeles County, and the entire SCAG region.

Table 3. 6
th Cycle RHNA – Malibu, Los Angeles County and SCAG Region Malibu
Los
Angeles
County
SCAG
Region
RHNA allocation 2021-2029 (housing units) 79 812,060 1,341,827 Source: SCAG, 3/4/2021
The RHNA distributes each jurisdiction’s total housing need among the income categories shown in Tables 1 and 2 above (the extremely-low and very-low categories are combined for RHNA purposes). The 6
th cycle RHNA allocation for Malibu by income
category is shown in Table 4.
7 California Government Code Sec. 65584 et seq.
8 California Government Code Sec. 65584(d)
9 https://scag.ca.gov/housing
191
Malibu 2021 Housing Element FAQ
June 2021 Page 4
Table 4. 6
th RHNA by Income Category – Malibu
Very
Low Low Moderate
Above
Moderate Total
28 19 17 15 79
Source: SCAG, 3/4/2021

5. Is the RHNA a construction quota or mandate?
The RHNA allocation identifies the amount of additional housing a jurisdiction would require in order to have enough housing at all price levels to fully meet the needs of its existing population plus its expected population growth over the next 8 years while avoiding problems like overcrowding and overpayment. The RHNA is a planning requirement that identifies housing need, not a construction quota or mandate.

Jurisdictions are not required to build housing or issue permits to achieve their RHNA allocations, but State law establishes specific requirements when housing production falls short of RHNA allocations. One such requirement is streamlined review of housing development applications that meet specific standards.10 Other than requirements for streamlined permit processing, there are currently no legal or financial penalties imposed on cities that do not achieve their RHNA allocations.

6. What must cities do to comply with the RHNA?
The Housing Element must analyze the city’s potential capacity for additional housing based on an evaluation of land use patterns, development regulations, development constraints (such as infrastructure availability and environmental conditions) and real estate market factors. The analysis must be prepared at a parcel-specific level of detail and identify properties where additional housing could be built consistent with current regulations. This evaluation is referred to as the “sites analysis” and State law requires the analysis to demonstrate that the city has adequate capacity to fully accommodate its RHNA allocation in each income category. If the sites analysis does not demonstrate that adequate capacity exists to fully accommodate the RHNA, the Housing Element must describe what steps will be taken to increase capacity commensurate with the RHNA – typically through amendments to land use and zoning regulations that could facilitate additional housing development.

Under State law, areas that are zoned to allow residential or mixed-use development at a density of at least 20 units/acre in small cities like Malibu are considered appropriate for affordable housing in the very-low and low income categories. Potential accessory dwelling units (“ADUs”) can also accommodate future housing need in all income categories.

The City’s preliminary analysis indicates that sufficient capacity exists for additional housing to accommodate Malibu’s 2021-2029 RHNA allocation at all income levels. In 2013 an Affordable Housing Overlay Zone was adopted to allow multi-family residential development on approximately 9 acres of land with potential for approximately 150 units, which exceeds the RHNA allocation of 79 units.
10 California Government Code Sec. 65913.4 (SB 35 of 2017) 192
Malibu 2021 Housing Element FAQ
June 2021 Page 5

7. Housing development is very expensive in Southern
California. What happens if cities don’t achieve their
assigned housing needs?
Housing development is very expensive, particularly in coastal areas, and housing that is affordable to low- and moderate-income families typically requires large subsidies. While State housing law is based on the premise that every city has an obligation to use its governmental powers to encourage housing development at all income levels, it is recognized that available financial resources are not sufficient to produce all of the affordable housing needed. Therefore, if a city has adopted appropriate plans and regulations to encourage housing development commensurate with its RHNA allocation, it will not be penalized if actual production does not achieve assigned needs. However, under some circumstances State law requires that cities provide streamlined permit processing of housing developments if housing production falls short of RHNA goals.

8. What is “certification” of the Housing Element and why is it important?
The State Legislature has delegated authority to the California Department of Housing and Community Development (“HCD”) to review Housing Elements and issue findings regarding the elements’ compliance with the law.11 If HCD issues a finding that the Housing Element is in substantial compliance with State law it is referred to as “certification” of the Housing Element. In 2013 HCD determined that Malibu’s current Housing Element was in full compliance with State law. The City is now preparing a Housing Element update for the 2021-2029 period.

Housing Element certification is important for two main reasons:
• Local control. The General Plan establishes the foundation for the City’s land use plans and regulations, and the Housing Element is part of the General Plan. If the City were challenged in court on a planning or zoning matter and the Housing Element were found by the court to be out of compliance, the court could order changes to City land use plans or regulations and assume control over some City land use decisions. HCD certification establishes a “rebuttable presumption of validity”12 that the Housing Element complies with State law, which would support the City’s legal defense. Recent laws also allow for courts to impose fines if a jurisdiction fails to adopt a compliant Housing Element.13 • Eligibility for grant funds. Some State grant funds are contingent upon Housing Element certification.
11 California Government Code Sec. 65585
12 California Government Code Sec. 65589.3.
13 AB 101 of 2019
193
Malibu 2021 Housing Element FAQ
June 2021 Page 6

9. How can I find out more about the 2021 Housing Element update?
A webpage has been established on the City’s website for the Housing Element update at:
https://www.malibucity.org/370/Housing-Element-Update
This webpage will be updated periodically with meeting notices, documents and other materials regarding the Housing Element update. In addition, interested persons are encouraged to submit questions or comments regarding the Housing Element update to Justine Kendall, Housing Element Project Manager at: [email protected] . . .
194
From:

To: Justine Kendall
Cc: Bruce Silverstein
Subject: Housing Element update comments
Date: Monday, June 21, 2021 5:52:33 PM
Dear Justine,
I have a conflict on 6/23, so I am unable to attend the public workshop. So I'd like to provide my comments via email. Note that I can find nowhere on the City web site with connection or location information for that meeting.

I read through the FAQ available regarding the Housing Element plan. In essence, it seems that this plan, while required, is nothing but window dressing. I'm certain that this update will confirm sufficient capacity exists in the City for the required RHNA allocations. However, capacity is not housing. I challenge anyone to find a single housing unit today in Malibu within the targeted affordable rent, available or currently occupied. Prior to Woolsey there might have been some, but unlikely as many as the RHNA allocations. Between Woolsey and short-term rentals, there is little hope of anything close to "affordable" in Malibu.

There are many long-time Malibu residents, in previously affordable situations, who were dislocated due to Woolsey and now can't return due to the skyrocketing rents. I can think of at least 4 off the top of my head, whom I know personally. A one bedroom guest house generally rents for about $3000+/mo now. Single rooms with shared kitchen and/or shared bath rent for over $2000/mo. These figures are 2-4 times higher than pre-Woolsey rents.

The lowest purchase price is over $700k.

While this is outside the scope of the current Housing Elements update, I would like suggest that the City adopt as a goal the actual conversion of capacity to units within the targeted maximum affordable rents in the plan, at the RHNA allocations as a bare minimum. The City would need to determine how to be accountable and measure success of such a goal. The actions to achieve this goal might include:
- streamlined permitting for ADU
- streamlined planning and permitting for ADU as part of Woolsey rebuilds - incentivizing ADU development
- aggressive and proactive enforcement of the STRO
- establishing a means by which property owners can register their property as qualifying, which will help the City track units, and offer some incentive for doing so as well as means to verify long-term, and potentially support lessors in qualifying tenants as low income and a public list of available qualifying units
- establish rent controls (I said "might" - this needs serious consideration) - proactively solicit multi-unit developers and incentivize units permanently registered as affordable
- where zoning allows, allow, incentivize, and streamline permitting of the conversion of a single-family unit to multi-family, with designation of some units as affordable I don't have a ton of knowledge of the City ordinances, policies, procedures, and objectives.

But I do know that the "maximum affordable rent" is laughable in Malibu and it's a big problem. Employers here have difficulty hiring help because they have to drive so far from where they can afford to live, and their pay gets eaten up by gas expenses. Children who've 195
grown up here have little hope of living here on their own salary, especially those children of families who moved here generations ago. Young families have no way to get a foothold here.

Malibu used to be a very diverse community. The loss of housing due to Woolsey and STR has been devastating.

Thank you for your efforts, time, and consideration.

Barb Dijker
196
November 30, 2020
Mayor Mikke Pierson
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Dear Mayor Pierson,
We are writing on behalf of Abundant Housing LA regarding Malibu’s upcoming 6th Cycle housing element update. Abundant Housing LA is a pro-housing education and advocacy organization working to help solve Southern California’s housing crisis. We support efforts to reform zoning codes and expand housing production, which are needed to reduce rents, improve access to jobs and transit, strengthen the local economy and job market, and combat segregation. We have a large and growing membership base throughout Los Angeles County.

California has a statewide housing shortage of nearly 3.5 million homes, and has the highest poverty rate in the nation after accounting for housing costs. Households at all levels of income face a historically high rent burden. Exclusionary zoning and longstanding constraints on denser housing have led to an undersupply of medium and high density housing near jobs and transit.

This contributes to high rents and displacement of households.

Over the past few years, new state laws (e.g. AB 686 (2018), SB 166 (2017), AB 1397 (2017), SB 828 (2018), SB 35 (2017), etc.) have strengthened the Regional Housing Needs Assessment (RHNA), which sets a housing growth target for individual jurisdictions and requires jurisdictions to update their housing elements in order to achieve these targets.

These changes to state law have led to historically high jurisdiction-level housing growth targets in the upcoming 6th Cycle Housing Element Planning Cycle, and have empowered the state Department of Housing and Community Development (HCD) to enforce appropriately high standards for housing element updates. We are encouraged that Malibu was given a target of 79 new homes, of which 45 must be affordable to lower-income households.

As jurisdictions start the housing element update process, AHLA seeks to provide guidance on how jurisdictions should fulfill both the letter and the spirit of housing element law. Unfortunately, some jurisdictions are already seeking to skirt their obligation to sufficiently plan to meet their housing needs. AHLA will scrutinize jurisdictions’ housing elements, submit comments to HCD as needed, and collaborate closely with nonprofits that bring legal action against jurisdictions that fail to comply with state housing laws.

Of course, AHLA recognizes that the COVID-19 pandemic and resulting economic devastation have made it more difficult for jurisdictions to meet ambitious RHNA targets. But the pandemic has made it even more critical than ever for jurisdictions to solve the region’s housing crisis and 1 197
encourage economic recovery. We seek to collaborate with you and your team on policy efforts to achieve the RHNA goals.

To that end, we have published a memo, Requirements and Best Practices for Housing Element Updates: The Site Inventory, explaining the key legal requirements, as well as HCD and AHLA’s recommended best practices, for housing element updates. Additionally, this checklist provides a summary of our core policy recommendations. We respectfully encourage you to incorporate the concepts detailed in these documents into Malibu’s housing element update.

As your team begins to develop Malibu’s housing element update, we would like to draw particular attention to four critical components of the site inventory analysis:

1. Incorporating an estimate of the likelihood of development and the net new units if developed of inventory sites

2. Using an HCD-recommended “safe harbor” methodology for forecasting future ADU production

3. Prioritizing high-opportunity census tracts and well-resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing

4. Including the HCD-recommended buffer of at least 15-30% extra capacity in the site inventory, in order to avoid violating the No Net Loss requirement Component #1: Housing elements should estimate and report both the likelihood of development and the net new units if developed of inventory sites.

Just because jurisdictions zone for more housing doesn’t mean that the housing will actually be built. The economic cycle, uncertainty of market conditions, the current usage of nonvacant sites, and land use regulations all influence the extent to which rezoned parcels are built to their maximum theoretical capacity.

A parcel’s maximum theoretical capacity is not the same as its realistic capacity. To draw a parallel to college admissions, when UCLA wants 2,000 students in its incoming class, they admit 4,000 students. Similarly, to achieve housing production targets, jurisdictions must increase zoned capacity well above the target number of new homes.

An accurate assessment of site capacity is necessary in order for the housing element to achieve sufficient housing production. The site capacity estimate should account for the following two factors:
● What is the likelihood that the site will be developed during the planning period? ● If the site were to be developed during the planning period, how many net new units of housing are likely to be built on it?
2 198
These are the likelihood of development and net new units if developed factors, as 1 2 required by HCD guidelines. The portion of the jurisdiction’s RHNA target that a site will realistically accommodate during the planning period is:
(likelihood of development) x (net new units if developed) = realistic capacity.

In past planning cycles, the likelihood of development factor was not expressly considered; housing elements frequently assumed that most or all site inventory locations would be redeveloped to their maximum theoretical capacity. Since this generally did not happen, jurisdictions consistently fell short of their RHNA targets as a result. This is the case for Malibu, which is not on a path to achieving its 5th cycle RHNA targets for very low, low, and moderate income housing. Through 2019, it has permitted 0 homes that are affordable at these income levels, despite an extremely low RHNA target of 2 homes. Worse, the 2019 Woolsey fire caused the destruction of 480 homes in Malibu , leading to a net decrease in housing since the start of 3 the 5th cycle.
5th Cycle RHNA Targets vs. Actual Housing Production (2014-19) According to Malibu’s 5th cycle housing element, the city had theoretical capacity for roughly 1,099 more housing units. Through 2019, Malibu permitted 84 housing units , which equates to 4 5 112 housing units permitted by the end of the 5th cycle (assuming that the same annual permitting pace continues in 2020 and 2021). This implies that in Malibu, excess zoned capacity has a 10% likelihood of being developed (112 actual units divided by 1,099 theoretical units).

Malibu’s 6th cycle housing element should incorporate this likelihood of development estimate into its site inventory analysis. This would be consistent with HCD guidelines, while also 6 ensuring that enough zoned capacity is available to encourage 79 housing units to be built by 1 HCD Site Inventory Guidebook, pg. 20
2 HCD Site Inventory Guidebook, pg. 21
3 Los Angeles Times, August 5, 2019
4 Malibu 5th Cycle Housing Element, pg. 71
5 HCD Annual Progress Report dataset, 2020
6 HCD Site Inventory Guidebook, pg. 20
3 Income Bucket RHNA Target Homes Permitted
VLI 1 0
LI 1 0
MI 0 0
AMI 0 84
Total 2 84
199
the end of the 6th cycle. Assuming that zoned capacity has a 10% likelihood of being developed in the next 8 years, the housing element must allow for 790 units of zoned capacity in order to achieve 79 actual housing units. If Planning believes that a higher likelihood of development (and thus a smaller zoned capacity increase) is justified for certain parcels in the site inventory, persuasive data to support this assumption must be provided.7 Component #2: Housing element updates should use an HCD-recommended “safe harbor” methodology for forecasting future ADU production.

Local jurisdictions frequently use overly optimistic estimates of future ADU production to avoid necessary housing reform and rezoning. ADU development estimates must reflect actual on-the-ground conditions to ensure that they are realistic. Overly aggressive ADU production estimates set jurisdictions up for failure in providing the required housing for residents.

To that end, HCD has established two safe harbors for forecasting ADU production during the 6th Cycle . One option (“Option #1”) is to project forward the local trend in ADU construction 8 since January 2018. The other, for use when no other data is available (“Option #2”), assumes ADU production at five times the local rate of production prior to 2018. Jurisdictions are also permitted to include programs that aggressively promote and incentivize ADU construction.

Where no other data is available, jurisdictions may assume an average increase of five times the previous planning period construction trends prior to 2018. Jurisdictions may also use regional ADU production trends, and include programs that aggressively promote and incentivize ADU construction. Jurisdictions should clearly and explicitly state their methodology and data sources for future ADU development forecasts.

According to HCD, Malibu issued permits for 1 ADU in 2017, 3 ADUs in 2018, and 7 ADUs in 2019. Under HCD’s “Option #1”, Malibu could take the average of the 2018 and 2019 ADU production trends, and forecast that 5 ADUs will be permitted per year during the 6th cycle. This would allow for a total 6th cycle forecast of 40 ADUs.

Under HCD’s “Option #2”, Malibu could multiply the 2017 ADU production trend by five, and forecast that 5 ADUs will be permitted per year during the 6th cycle. This also would allow for a total 6th cycle forecast of 40 ADUs.

Another, more aggressive, option would take the average of the 2018 and 2019 ADU production trends, and multiply that average by five. This methodology would forecast that 25 ADUs will be permitted per year during the 6th cycle. This would allow for a total 6th cycle forecast of 200 ADUs. Abundant Housing LA does not recommend this methodology, since it is not an HCD-defined safe harbor forecasting option.
7 HCD Site Inventory Guidebook, pg. 20-21
8 HCD Site Inventory Guidebook, pg. 31
4 200
Malibu should use HCD’s Option 1 or 2 safe harbor when projecting annual ADU production. If it believes that higher ADU production forecasts are warranted, it must provide well-grounded estimates, based on the pace of ADU production in neighboring jurisdictions, and must explain programs or policy efforts that could lead to higher ADU production.

Finally, per HCD, the housing element “should also include a monitoring program that a) tracks ADU and JADU creation and affordability levels, and b) commits to a review at the planning cycle midpoint to evaluate if production estimates are being achieved.” Malibu’s housing 9 element should commit to mid-cycle rezoning if ADU production is lower than forecasted, and its midpoint review should be linked with immediate and automatic programs to increase housing production in the second half of the RHNA cycle. AHLA’s recommended approach is to incorporate by-right density bonuses on inventory sites, which would automatically take effect mid-cycle if the ADU target is not met. The density bonus should be large enough, and apply to enough parcels, to fully make up for any ADU production shortfall.

Component #3: Housing elements must prioritize high-opportunity census tracts and well-resourced areas (e.g. near transit, jobs, schools, parks, etc.) when selecting sites for lower-income housing opportunities, in order to affirmatively further fair housing.

AB 686 (2018) requires housing element updates to “affirmatively further fair housing”, which is defined as “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”
In our region, housing policy and land use regulations were once used to exclude members of minority groups. Redlining and restrictive covenants, which restricted where Black Americans could live, were once commonplace throughout Los Angeles County. Malibu remains segregated today, with white Americans making up nearly 80% of the city’s population.10 Exclusion also continues on the basis of income: the estimated median home value in Malibu is $3.3 million , and 24% of the city’s renters are “rent-burdened” (i.e. they spend more than 30% 11 of their income on rent) . High housing costs place a disproportionate burden on lower-income 12 communities of color, and have the effect of excluding them from the city altogether.

Jurisdictions must address this issue by accommodating the lower-income RHNA targets in a way that conforms with AFFH requirements. HCD’s Site Inventory Guidebook offers recommendations for how jurisdictions should accomplish this. HCD is likely to require jurisdictions to distribute lower-income housing opportunities throughout the 9 HCD Site Inventory Guidebook, pg. 31
10 American Community Survey, 2014-18
11 Zillow Home Value Index, Malibu
12 American Community Survey, 2014-18
5 201
jurisdiction, and recommends that jurisdictions first identify development potential for lower-income housing in high-opportunity neighborhoods . 13 Given that single-family, exclusionary zoning predominates in Malibu, and that its single census tract is classified as “highest-opportunity” in the TCAC/HCD Opportunity Map, rezoning is required in order to accommodate the RHNA targets for lower-income households. Additionally, focusing rezoning in single-family zoned areas will expand housing opportunities while minimizing the impact on existing renters in multifamily-zoned areas.

In order to fairly distribute housing opportunities citywide, Malibu should develop a quantitative methodology for scoring neighborhoods, based on factors like housing costs, median income, access to transit, access to jobs, access to schools, and environmental quality. Neighborhoods that score higher on these dimensions should be allocated higher housing growth targets, and rezoning should be based on these neighborhood-level housing growth targets.

Finally, Malibu should identify funding sources, public resources, and density bonus programs to maximize the likelihood that housing projects with below market-rate units are actually built.

Local measures like a real estate transfer tax and congestion pricing could help generate new funding to support affordable housing production and preservation.

Component #4: Housing elements should include the HCD-recommended buffer of at least 15-30% extra capacity in the site inventory, in order to avoid violating the No Net Loss requirement.

SB 166 (2017) requires adequate sites to be maintained at all times throughout the planning period to accommodate the remaining RHNA target by each income category. This means that 14 if a jurisdiction approves a development on a parcel listed in the site inventory that will have fewer units (either in total or at a given income level) than the number of units (either in total or at a given income level) anticipated in the site inventory, then the jurisdiction must identify and make available enough sites to accommodate the remaining unmet RHNA target for each income category.15
If additional sites with adequate zoned capacity don’t exist, then the jurisdiction must rezone enough sites to accommodate the remaining unmet RHNA target within 180 days. If the jurisdiction fails to accomplish this rezoning in the required period, then the consequences will include decertification of the housing element and potential state legal action.

To ensure that adequate housing capacity at all income levels exists in the housing element through the 6th Cycle, HCD recommends that “the jurisdiction create a buffer in the housing 13 HCD Site Inventory Guidebook, pg. 3
14 HCD No Net Loss Law Memo, pg. 1
15 HCD Site Inventory Guidebook, pg. 22
6 202
element inventory of at least 15-30% more capacity than required, especially for capacity to accommodate the lower income RHNA.” Malibu should “overshoot” on total site capacity 16 for each income level, in order to ensure that the City’s RHNA target is achieved at all income levels.

The City of Malibu has an obligation to sufficiently plan to meet current and future residents’ housing needs. The housing element update affords Malibu, and the broader Southern California region, the chance to take bold action on lowering housing costs, reducing car dependency, strengthening the local economy, and guaranteeing access to opportunity for Californians of all racial and ethnic backgrounds. We urge you and your colleagues to fully embrace this opportunity to transform Malibu for the better.

Finally, it is worth noting that state law imposes penalties on jurisdictions that fail to adopt a compliant 6th cycle housing element update by October 15, 2021. On that date, noncompliant jurisdictions will forfeit the right to deny residential projects on the basis of local zoning, so long as projects include at least a 20% set-aside for below market-rate units . Jurisdictions that want 17 to maintain local control over new development should therefore plan to adopt a compliant housing element update on time.

We would be glad to engage with your office and with the Planning Department throughout the housing element update process. We look forward to a productive and collaborative working relationship with the City of Malibu on this critical effort. Thank you for your consideration.

Sincerely,
16 HCD Site Inventory Guidebook, pg. 22
17 California Government Code 65589.5(d)(5)
7 Leonora Camner
Executive Director
Abundant Housing LA
Anthony Dedousis
Director of Policy and Research
Abundant Housing LA
203
3 If I am mistaken in my understanding, I am hopeful that someone else on this email chain will speak up and
correct my misunderstanding.

Thanks again for your comments, and for your ongoing
participation in our local government process.

Stay Well,
Bruce
On Tue, Jan 23, 2024 at 12:33 PM Terry Davis < > wrote:

Dear Richard, Council & Staff,
As I wrote in an email to you several days ago after watching the Special Council Meeting to discuss the current draft of the Housing Element, I truly appreciate the deep dive that was taken by all to attempt to uncover the hidden, clarify the confusing and seek to find workable solutions. I wish to acknowledge those who took the time to respond to my email. Thank you.

I know and understand a “little” about this. And that, is a lot more than some, and a LOT less than others. I want to comment as I believe it is important to participate in something so necessary, so important. I cannot process why we are NOT in compliance. It is the law.

And we, in Malibu, have so little that is being expected of us! The numbers demanded of us are minuscule considering the massive housing needs in Los Angeles County alone.

7.2.8(b) 2014-20212021-2029 Housing Needs
The additional housing need assigned to Malibu for the 2021-2029 planning period is shown in Table 7.2-22.

Table 7.2-22
Regional Housing Needs - Malibu
Very low. Low. Moderate. Above Moderate. TOTAL = 79 units

28. 19. 17 15Very Low1 Low Moderate Above Moderate Total Moderate Above Moderate Tot
Source: SCAG 2021
Notes:

1. Includes the Extremely-Low-Income (ELI) category.

2. 14 units are assumed to be ELI pursuant to Government Code §65583.a.1 What are we waiting for? Are we waiting for a developer to come in, take control, impose ALL the penalties, demands, and concessions that they are allowed and impose an oversized, cheaply built, bare bones monstrosity upon us? Possibly doubling? Tripling? The units necessary?
204
4 Why not be pro-active? Why not take control of the challenge? Use our resources, our capital (people, land and financial) to create a project that is in compliance with the law, satisfies our needs and serves the greater community. There are companies that can and will partner with us to make this happen. The longer we put this off the greater the chances of our being subjected to penalties and developments out of our control.

I know that this is NOT a new idea. But I believe it is the answer. If you recall, several years ago we were close to this becoming a reality. Let’s not lose that opportunity again.

Thank you for your consideration.

Sincerely,
Terry Davis

205
2 fyi
Richard Mollica, AICP
Planning Director
City of Malibu
310.456.2489 ext 346

From: Confidential < >
Sent: Wednesday, January 17, 2024 5:18 PM
To: Richard Mollica <[email protected]>
Subject: Housing Element

Question submitted for meeting 1/17 at 6pm
Please address...

City Housing Voucher Program where do we stand on this issue? Are there designated below market rate units to use vouchers? Are there designated housing voucher program units?
Where are the units located and are there any currently available? Who is in charge of this program?
Housing questions...

Units for Live in Aides
206
3 Under Housing Vouchers Program. Department of Children and Family Services Government office: seeking housing units for foster moms who act as emergency placement for foster refugee children.

Group homes for special needs adults who age out of the foster system. Housing is needed.

There are several homes who have turned into rehab facilities but what about other populations?

207
CITY OF MALIBU JANUARY 17, 2024 HOUSING ELEMENT STUDY SESSION COMMUNICATIONS Instagram (Main account), posted twice in advance
Slide posted in advance on Malibu City TV – Ch. 3 broadcast Facebook (Main and Planning Dept. accounts), posted twice in advance Newsflash (website homepage) posted in advance, and sent out to 559 subscribers.
208

NOTICE OF MALIBU CITY COUNCIL STUDY SESSION
&

AVAILABILITY OF UPDATED DRAFT HOUSING ELEMENT
Study Session: The Malibu City Council will hold a study session on WEDNESDAY, January 17, 2024, at 6:00 p.m. on the updated Draft Housing Element in Council Chambers at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA and via teleconference. As a study session, no legislative action will be taken at this meeting.

General Plan Amendment 20-001 - The City Council adopted the 2021-2029 update of the City of Malibu General Plan Housing Element on January 20, 2022. In March 2022, the State Housing and Community Development (HCD) issued a letter finding that revisions were necessary to comply with State Housing Element Law. The updated Draft Housing Element incorporates revisions to comply with the comments provided by the HCD.

Public Review: The updated Draft Housing Element is being circulated for public review to allow public agencies and interested members of the public the opportunity to comment on the updated Draft Housing Element.

Office Hours: Staff will be available to answer questions by appointment during the following times:

Tuesday, January 16 from 3:00 pm – 5:00 pm
Thursday, January 18 from 10:00 am – 12:00 pm
Appointments can be requested by emailing [email protected]. Please include “Housing Element Appointment” in the subject of your email.

How to Send Comments: Written comments should be submitted via email to [email protected]. Please include “Housing Element” in the subject of your email. All comments will be provided to the City Council for its consideration.

Where Documents are Available for Review: The updated Draft Housing Element will be available at malibucity.org/housingelement by January 8, 2024. Previous draft documents, meeting materials, and recordings of previous meetings are also available on the webpage.

Hardcopies of the draft will be available in the following locations:

City of Malibu Malibu Library
Planning Department 23519 Civic Center Way
23825 Stuart Ranch Road Malibu, CA 9026
A written staff report for the study session and a copy of the Draft Housing Element will be available at malibucity.org/agendacenter prior to the meeting.

Contact: For more information regarding this notice, please contact Richard Mollica, Planning Director, at [email protected] or at 310-456-2489, extension 346.

Richard Mollica, Planning Director
Publish Date: January 11, 2024
209

CERTIFICATION OF PUBLICATION

STATE OF CALIFORNIA
County of LOS ANGELES
Legal Notice:

City Of Malibu

NOTICE OF MALIBU CITY

COUNCIL STUDY SESSION
Dates Published:
12/21/2023
Executed on: 12/21/2023
In Malibu, California
Legal Clerk, Cami Martin
The Malibu Times
I hereby certify that I am the
principal clerk of the printer of
The Malibu Times, newspapers
of general Circulation by The
Superior Court of the County of
Los Angeles, State of California:
that the notice of which the
annexed is a printed copy (set in
type not smaller than nonpareil),
has been published in each
regular and entire issue of said
newspapers and not in any
supplement therof on the
following dates to wit:

I certify (or declare) under
penalty of perjury that the
forgoing is true and correct.
210

CERTIFICATION OF PUBLICATION

STATE OF CALIFORNIA
County of LOS ANGELES
Legal Notice:

City Of Malibu
Housing Element Study Session
Dates Published:
1/11/2024
Executed on: 1/11/2024
In Malibu, California
Legal Clerk, Cami Martin
The Malibu Times
I hereby certify that I am the
principal clerk of the printer of
The Malibu Times, newspapers
of general Circulation by The
Superior Court of the County of
Los Angeles, State of California:
that the notice of which the
annexed is a printed copy (set in
type not smaller than nonpareil),
has been published in each
regular and entire issue of said
newspapers and not in any
supplement therof on the
following dates to wit:

I certify (or declare) under
penalty of perjury that the
forgoing is true and correct.
211
From: Gail Duncan
Bcc:

Subject: CITY OF MALIBU - UPDATED DRAFT HOUSING ELEMENT STUDY SESSION & PUBLIC REVIEW PERIOD Date: Thursday, December 21, 2023 1:16:41 PM
Attachments: PHN_Housing Element_1.17.24 Study Session.pdf image001.png
image002.png
image003.png
image004.png
image005.png
image006.png

UPDATED DRAFT HOUSING ELEMENT STUDY SESSION & PUBLIC REVIEW PERIOD The City will publish an updated Draft Housing Element on January 8, 2024 for a public review period from January 16 through January 24, 2024. In addition, the City Council will hold a Study Session on 212
Wednesday, January 17, 6:00 PM in-person at City Hall and virtually via Zoom, on the updated Draft Housing Element. For information on how to participate or view the meeting, submit comments, and where the draft can be reviewed, please see the Notice of Study Session and Availability for more information. On January 10, 2022, the City Council adopted Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. Subsequently, in March 2022, the HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addresses many statutory requirements; however, additional revisions are necessary to comply with the State Housing Element Law. This draft was prepared in response to the HCD March 2022 letter. For more information, visit the project webpage.

Gail Duncan (she/her)
Office Assistant | Planning Department
Office: (310) 456-2489 ext. 309
23825 Stuart Ranch Road | Malibu, CA 90265
213

UPCOMING
o December 27 - January 10, 8:00 AM - 3:00 PM - Free Christmas Tree Recycling - Chili Cookoff Lot
o Monday, January 8, 6:30 PM - City Council Regular Meeting - in-person at City Hall & virtually via Zoom
o Thursday, January 11, 7:00 PM - Harry Barovsky Memorial Youth Commission Special Meeting - in-person at City Hall
o Tuesday, January 16, 5:30 PM - Parks and Recreation Commission Regular Meeting - inperson at City Hall o Tuesday, January 16, 6:30 PM - Planning Commission Regular Meeting - in-person at City Hall & virtually via Zoom
o Wednesday, January 17, 7:00 PM - Organics Recycling Training and Kitchen Caddy Giveaway - virtual
o Wednesday, January 17, 7:00 PM - Malibu Library Speaker Series with Thomas Levenson - Malibu Library
o Thursday, January 18, 6:00 PM - Art Talks, "21 Miles in Malibu" Film Screening & Community Discussion on PCH Safety - Santa Moniica College - Malibu Campus

CITY HALL / MANAGEMENT / GENERAL
(NEW) ALL CITY COMMISSION MEETINGS TO BE HELD IN
PERSON AT CITY HALL AS OF JANUARY 1, 2024
On January 1, 2024, Assembly Bill 361, which has allowed the City’s Commissions to meet virtually via Zoom, expired. This law was a temporary provision approved by the State Legislature to allow local agencies to conduct entirely virtual meetings pursuant to the Brown Act during the COVID-19 pandemic. Under normal circumstances, the Brown Act requires that Commission meetings be held in-person to allow the commission to openly conduct the people’s business. After January 1, all of the City’s Brown Act bodies have resumed meeting in-person at City Hall. City Council and Planning Commission meetings will continue to be held in a hybrid format; in-person at City Hall and virtually via Zoom. These meetings will continue to be available to view live and on-demand on the City’s YouTube channel and website and live on City TV Ch. 3. All of the other City Commissions will begin meeting in person at City Hall only as they did before the pandemic, with no video broadcast. 214

HOMELESS OUTREACH UPDATE
The City’s Homeless Outreach Team, which consists of two outreach workers and a housing navigator from The People Concern, reported that in November 2023, it engaged with 67 people experiencing homelessness in Malibu, one of whom was placed into permanent housing. In Malibu, 32 people are currently in various stages of engagement as the Outreach Team proactively works towards getting them into housing and comprehensive services. Current and past monthly Homeless Outreach reports are available on the webpage.

PLANNING

UPDATED DRAFT HOUSING ELEMENT STUDY SESSION & PUBLIC
REVIEW PERIOD, JANUARY 16 - 24
The City will publish an updated Draft Housing Element on January 8, 2024 for a public review period from January 16 through January 24. The City Council will also hold a Study Session on the updated Draft Housing Element on Wednesday, January 17, 6:00 PM in-person at City Hall and virtually via Zoom. Viewing and commenting instructions for the meeting and the Draft Housing Element are available on the website. On January 10, 2022, the City Council adopted Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. Subsequently, in March 2022, the HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addressed many statutory requirements but stated that revisions are necessary to comply with the State Housing Element Law. This draft was prepared in response to the HCD March 2022 letter. For more information, visit the project webpage.

TEMPORARY USE PERMIT ORDINANCE HEARING RESCHEDULED
TO FEBRUARY 12
The City Council public hearing to consider the Temporary Use Permit (TUP) proposed ordinance scheduled for December 11 has been rescheduled to Monday, February 12, 6:30 PM in-person at City Hall and virtually via Zoom. The hearing is to consider an ordinance and the Planning Commission's recommendations on updating regulations for TUPs, which are permits for events at non-residential properties. For more information about TUPs, visit the webpage.

WOOLSEY FIRE NON-CONFORMING STRUCTURES DEADLINES
PUBLIC HEARING, JANUARY 8
To meet noticing requirements, the City Council will hold a second hearing on extending the deadlines to rebuild non-conforming structures destroyed or damaged in the Woolsey Fire without having to bring the structure into compliance with current ordinances on January 8, 2024, 6:30 PM.

In the spirit of unity and togetherness, I want to express my deepest thanks to all of you for your continued support and dedication to making the City of Malibu a wonderful place to live, work, and thrive. Our community's strength lies in the bonds we share and the collective efforts to create a welcoming and inclusive environment for all.

In 2024, our focus remains unwaveringly on finding effective solutions for making Pacific Coast Highway safe. We understand the importance of this vital artery to our community, and we are fully resolved to work collaboratively towards improvements that ensure safety, efficiency, and a positive impact on our daily lives.

As we gather with family and friends to celebrate various traditions and festivities, let us take a moment to cherish the moments of joy, appreciate the spirit of giving, and reflect on the values that make our community resilient and compassionate.

The challenges we've faced this year have only strengthened our resolve to overcome adversity together. Your commitment to the well-being of Malibu is truly inspiring, and I am confident that our community will continue to grow and prosper in the coming year.

May this holiday season bring you peace, happiness, and the warmth of cherished connections. Let us embrace the opportunities that the New Year holds, working hand in hand to build an even brighter future for Malibu.

Thank you for being an integral part of our community. Your contributions make a positive difference every day, and I look forward to another year of collaboration and shared achievements.

Wishing you and your loved ones a joyful holiday season and a prosperous New Year! - Steve McClary, City Manager

UPCOMING
o Friday, December 22 - January 1 - City Hall Winter Holiday Closure 216

SANDBAG AND SAND LOCATIONS IN THE MALIBU AREA
Zuma Beach Lifeguard Headquarters does not have sand for sandbags. Please do not remove sand from the beach, it is a violation of LA County Code. Sand is crucial for beach habitats. Plastic sandbags are banned in the City of Malibu. Look up sand and sandbag locations on the County website.
o Fire Station 70, 3970 Carbon Canyon Rd., Malibu. Ph: 310-456-2513 - sandbags, sand o Fire Station 71, 28722 W. Pacific Coast Hwy., Malibu. Ph: 310-457-2578 - sandbags o Fire Station 72, 1832 Decker Canyon Rd., Malibu. Ph: 310-457-6186 - sandbags o Fire Station 88, 23720 W. Malibu Rd., Malibu. Ph: 310-456-2812 - sandbags o Fire Station 89, 29575 Canwood St., Agoura Hills. Ph: 818-597-2272 – sandbags, sand o Fire Station 99, 32550 Pacific Coast Hwy., Malibu. Ph: 310-457-3706 – sandbags, sand o Fire Station 125, 5215 N. Las Virgenes Rd., Calabasas. Ph: 818-880-4411 – sandbags, sand o Fire Station 144, 31981 Foxfield Dr., Westlake Village . Ph: 818-889-1626 - sandbags

PLANNING
(NEW) UPDATED DRAFT HOUSING ELEMENT STUDY SESSION &
PUBLIC REVIEW PERIOD, JANUARY 16 - 24
The City will publish an updated Draft Housing Element on January 8, 2024 for a public review period from January 16 through January 24. The City Council will also hold a Study Session on the updated Draft Housing Element on Wednesday, January 17, 6:00 PM in-person at City Hall and virtually via Zoom. Viewing and commenting instructions for the meeting and the Draft Housing Element are available on the website. On January 10, 2022, the City Council adopted Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. Subsequently, in March 2022, the HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addressed many statutory requirements but stated that revisions are necessary to comply with the State Housing Element Law. This draft was prepared in response to the HCD March 2022 letter. For more information, visit the project webpage. (NEW) TEMPORARY USE PERMIT ORDINANCE HEARING
RESCHEDULED TO FEBRUARY 12
The City Council public hearing to consider the Temporary Use Permit (TUP) proposed ordinance scheduled for December 11 has been rescheduled to Monday, February 12, 6:30 PM in-person at City Hall and virtually via Zoom. The hearing is to consider an ordinance and the Planning Commission's recommendations on updating regulations for TUPs, which are permits for events at non-residential properties. For more information about TUPs, visit the webpage. 217
(NEW) WOOLSEY FIRE NON-CONFORMING STRUCTURES
DEADLINES PUBLIC HEARING, JANUARY 8
To meet noticing requirements, the City Council will hold a second hearing on extending the deadlines to rebuild non-conforming structures destroyed or damaged in the Woolsey Fire without having to bring the structure into compliance with current ordinances on January 8, 2024, 6:30 PM.

For more information, see the Notice of Public Hearing. On December 11, the City Council held its first hearing on the item and recommended extending the deadlines by three years. The December 11 staff report is available online. The January 8 staff report will be available in advance on the website. Should the Council extend the deadlines, the extensions filed by property owners will be considered moot. For more information, visit the Fee Waiver and Deadlines webpage. (NEW) ADU ORDINANCE ADOPTED
On December 11, the City Council held a hearing on the Accessory Dwelling Units (ADUs) ordinance as well as the Planning Commission's recommendations and adopted an ordinance. The second reading of the ordinance will be held on January 8, 2024. The January 8 staff report with the final ordinance will be available in advance on the website. Once the second reading is conducted, staff will submit the Local Coastal Program Amendment to the California Coastal Commission for its certification review. The State has identified ADUs as an important tool to create more affordable housing amidst California’s housing crisis and has passed several laws to make it easier to build ADUs. The City is developing an ordinance to be consistent with the State laws and has been gathering community input to ensure the regulations reflect Malibu’s needs and characteristics. For more information, visit the project webpage.
(NEW) SPECIAL EVENTS REPORT
Currently, there are no new permitted events scheduled. The City of Malibu Planning Department posts a weekly report of approved event permits on the website. In order to help the public stay informed of pending event permit applications and to create opportunity for public input, the Event Permit Report includes all event permit applications deemed complete for review for consistency and compliance with the requirements of the Malibu Municipal Code and the Planning Director’s action on each application.

To sign up to receive an email or text message when an updated Event Permit Report is posted, visit the e-notifications page (scroll down to the "Special Event Permit Report" category).

CITY HALL / GENERAL

CITY HALL HOURS
City Hall is open to the public. Regular City Hall hours are Monday through Thursday, 7:30 AM to 5:30 PM and Fridays 7:30 AM to 4:30 PM. Members of the public may come to City Hall without an appointment during public counter hours. An appointment will be needed for in-person assistance during any other hours. Appointments can be made online. The use of facemasks is now "individual preference" while inside City Hall, in accordance with Los Angeles County Department of Public Health guidelines.

Public Counter Hours
218
219
220
221

NOTICE OF MALIBU CITY COUNCIL STUDY SESSION
&

Office Hours: Staff will be available to answer questions by appointment during the following times:

Hardcopies of the draft will be available in the following locations:

Contact: For more information regarding this notice, please contact Richard Mollica, Planning Director, at [email protected] or at 310-456-2489, extension 346.

Richard Mollica, Planning Director
Publish Date: January 11, 2024
222

NOTICE OF MALIBU CITY COUNCIL STUDY SESSION
&

General Plan Amendment 20-001 - The City Council will consider the 2021-2029 update of the City of Malibu General Plan Housing Element which establishes and implements specific goals, policies, and objectives relative to the provision of housing for all income levels consistent with all applicable state housing element law. As a study session, no legislative action will be taken at this meeting.

On January 10, 2022, the City Council adopted Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. Subsequently, in March 2022, the HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addresses many statutory requirements; however, additional revisions are necessary to comply with State Housing Element Law. The updated Draft Housing Element incorporates revisions to be in compliance with the comments provided by the HCD.

Review Period: Begins: January 16, 2024 Ends: January 24, 2024 How to Send Comments: Written comments should be submitted via email to [email protected]. All comments will be provided to the City Council for its consideration.

How to Participate in Study Session: All persons wishing to address the City Council during the study session will be afforded an opportunity in accordance with the Council’s procedures.

To view and participate during the meeting, please review the meeting agenda which will be posted at malibucity.org/agendacenter and follow the directions for public participation.

Hardcopies of the draft will be available in the following locations:

City of Malibu Malibu Library
Planning Department 23519 Civic Center Way
23825 Stuart Ranch Road Malibu, CA 9026
A written staff report for the study session will be available at malibucity.org/agendacenter prior to the meeting.

Next Steps: Once the City Council conducts its review, the draft will be submitted to the California Department of Housing and Community Development. Following its review, an updated draft will be presented to the Planning Commission and City Council for its final review and adoption.

Receive Notifications: To be notified of important information regarding the Housing Element, sign up at malibucity.org/news and select Housing Element Update. 223
Contact: For more information regarding this notice, please contact Richard Mollica, Planning Director, at [email protected] or at 310-456-2489, extension 346.

Richard Mollica, Planning Director
Publish Date: December 21, 2023
224
Revised 2021-2029 Housing Element
City Council Study Session
January 17, 2024
City Council Meeting
Item No. 1.A.
225
Background Information
• Housing Element updated every 8 years
• 6
th Cycle Housing Element: 2021-2029 planning period
• Certification by the Housing and Community
Development (HCD) required by October 15, 2021
• HCD Review and Revisions
•August 24, 2021 - First draft submitted to HCD
• October 22, 2021 - HCD review letter
•January 10, 2022 - City Council adopted the revised
draft and resubmitted to HCD
• March 22, 2022 - HCD review letter
226
Revisions to the Housing Element
Housing Plan (Section 7.5)
• Contains goals, policies, and programs the City is
committed to accomplish during the planning period
• New programs added to the Housing Plan:
• MMC and LIP amendments are needed to address new
State law
• Affirmatively Furthering Fair Housing (AFFH) analysis completed
• Existing programs’ actions, objectives, and timelines were strengthened or clarified as needed
227
Affirmatively Furthering Fair Housing
(New Appendix F)
• HCD requires a full assessment of fair housing:
• Fair housing enforcement and outreach
• Geographic analysis of trends related to disparities and segregation • Assessment of contributing factors to fair housing concerns • The Housing Element was revised to provide a complete assessment using HCD’s guidance
Revisions to the Housing Element
228
Residential Land Inventory (Appendix B)
• Demonstrates adequate land with appropriate zoning and development standards to meet the City’s Regional Housing Needs Allocation (RHNA).
• RHNA: specific number of housing units broken down by household income category
Revisions to the Housing Element
Housing Units Household Incom e Category (Based on Area Median Incom e) Very-Low Low Moderate Above
Moderate
Total
RHNA 2021-2029 28 19 17 15 79
229
Sites Inventory
• Revised to be limited to sites that could support a realistic development capacity and achieve RHNA
• City-owned La Paz site in the Civic Center removed from Site Inventory –parcels in inventory must be available during entire 2021-2029 planning period
• Capacity assumptions of two AHO sites on Pacific Coast Highway revised
• Updated assumptions for the projected number of
Accessory Dwelling Units (ADUs)
• Annual Progress Report
230
Public Notification- Deadlines
• The revised Housing Element is available for review on the City’s web page at: malibucity.org/HousingElement.
• State law requires a 7-day public review process before resubmitting the revised draft to HCD.
• Notices of the City Council study session and availability of the revised Housing Element were sent to 840 individuals and public agencies published in the newspaper and advertised on the City’s social media platforms and the City’s webpage.
• Comments on the Housing Element are due January 24 and can be sent to Planning Director Richard Mollica at [email protected] 231
• The revised Housing Element will be revised with input from the City Council and the public before resubmitting to HCD.
• Any further comments by HCD will be addressed until HCD considers the Housing Element in compliance.
• Future public hearings will be held by the Planning Commission and City Council to consider the readoption of the Housing Element. • When the City Council re-adopts the revised Housing Element, it will be resubmitted to HCD for certification.

Next Steps
232
Recommendation
No formal action is required at this time. Staff recommends the following:
• Receive public comments
• Provide comments to staff on the revised Housing Element as appropriate
233
Revised 2021-2029 Housing Element
City Council Study Session
January 17, 2024
City Council Meeting
Item No. 1.A.
234
235
236
237
238
239
240
241
242
243
244
1 Kay Real
From: Anna Nicolas <[email protected]>
Sent: Tuesday, January 23, 2024 11:19 AM
To: Housing Elements@HCD
Subject: City of Malibu - ADU Ordinance and RHNA Requirements Hello,
I am contacng you on behalf of Mark Baute, he appeared before the Malibu City Council a couple of months ago to prevent them from adopng a clearly illegal “nimby” ADU Ordinance, which, if adopted, would be a clear violaon of the State ADU Statutes and Senate Bill 9. That city council has no intenon of ever approving or building any RHNA housing, and their proposed ADU statute is designed to discourage, block, derail and delay any and all ADU construcon.

His main goal is to contact who ever may be overseeing this issue so that the HCD has me to weigh in before he meets with the City Council again. The last person we heard of that was in control of situaons like these was Steve Miller but we do not have contact informaon for him nor do we know if he sll maintains this posion. I recently contacted Fidel Herrera who provided me the informaon for a Melinda Coy, but she has not contacted us back and we do not have a phone number for her.

If you can provide any informaon as to who the person may be to talk to about this issue, please provide the names, emails, and phone numbers of those who it would be best to contact.

Thank you!
Anna S. Nicolas
BAUTE CROCHETIERE HARTLEY & McCOY LLP
777 S Figueroa Street, Suite 3800
Los Angeles, California 90017
Telephone: (213) 630-5000 Facsimile: (213) 683-1225
Email: [email protected]
This informaon in this communicaon and its aachments, if any is privledged, confidenal and intented only for the recipient(s) listed above. Any review, use, disclosure, distribuon or copying of this communicaon is prohibited except by or on behalf of the intended recipient. If you have recieved this communicaon in error or if you are not the intended recipient, please nofy me immediately by replying to this email and destroying all copies of the communicaon. Thank you.
245
LAW OFFICE OF SEBASTIAN RUCCI, P.C.
16400 Pacific Coast Highway, Suite 212
Huntington Beach, CA 92649
Phone: (562) 901-0199
Fax: (562) 249-6910
[email protected]
March 20, 2024
COMMENTS REGARDING MALIBU’S SIXTY CYCLE HOUSING ELEMENT

CITY OF MALIBU
Richard Mollica, Planning Director ([email protected]) Mayor Steve Uhring ([email protected])
Mayor Pro Tem Doug Stewart ([email protected])
Councilmember Bruce Silverstein ([email protected]) Councilmember Paul Grisanti ([email protected])
Councilmember Marianne Riggins ([email protected]) Trevor Rusin, Interim City Attorney ([email protected]) Steve McClary, City Manager ([email protected])
Adrian Fernandez, Assistant Planning Director ([email protected]) Hani Baker, Senior Planner ([email protected])
Raneika Brooks, Senior Planner ([email protected]) Tyler Eaton, Senior Planner ([email protected])
Courtney Brown, Associate Planner ([email protected]) Fletcher Allen, Associate Planner ([email protected]) Larbi Azzaz, Assistant Planner ([email protected])
Alexander Da Silva, Assistant Planner ([email protected]) Samantha Elias, Assistant Planner ([email protected]) Patricia Salazar, Development and Operations Manager ([email protected])

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Paul McDougall, Senior Program Manager ([email protected]) Fidel Herrera, Program Manager ([email protected]) Dear Malibu Planning Director, Mayor, Councilmembers, HCD and others:

The following are timely comments to Malibu’s draft 6th Cycle Hosing Element. As shown below, the City’s 6th cycle draft housing element violates the Housing Element Law. (Gov. Code §§ 65580 through 65589.11) and fails to affirmatively further fair housing.

March 20, 2024 Letter to City of Malibu (Comments on Sixth Cycle Housing Element) . . . . . . . . . . . PAGE 1 246
Malibu’s RHNA allocation focuses on three parcels comprising 9.11 acres that have a dual zone, Multi-Family (M-F) and Affordable Housing Overlay (AHO). It is true that the AHO zone allows 20 units per acre; however, the AHO zone permits development under the base M-F zone which permits 6 units per acre; hence, the minimum zoning is 6 units per acre, not 20 units per acre. The Housing Element Law mandates that affordable housing “shall be zoned” with a “minimum density . . . at least 20 units per acre.” (Gov. Code § 65583.2(h).) The court of appeals in the recent case of Martinez v. City of Clovis (2023) 90 Cal.

App. 5th 193, 244 held that while “the RHN Overlay complies with this minimum density requirement, the base zoning does not. Because development may occur at a density that is lower than the statutory minimum, the RHN Overlay sites do not comply with § 65583.2(h).

Therefore, the ordinance that created the RHN Overlay does not substantially comply with the Housing Element Law.” Malibu’s Affordable Housing Overlay zone similarly fails to substantially comply with the Housing Element Law and must be replaced.

Malibu’s selection of the 9.11 acres on PCH during the 6th cycle, overlooks that the same 9.11 acres was used in the 5th and the 4th cycles. The Housing Element Law prevents reuse of the same 9.11 acres a third time. Under Gov. Code § 65583.2, subd. (c) a “nonvacant site identified . . . in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households . . .” in the current housing cycle. “No multifamily developments have been proposed within the past 10 years.” (6th Cycle page 79.) In fact, Malibu “did not meet the 5th cycle RHNA objective of two units.” (6th Cycle at page 115.) This lack of housing is likely because the AHO zone requires that “all units in excess of the permitted base density of six dwelling units per acre, shall be affordable.” (MMC § 17.42.020.L.3.a.iv.) The AHO zone does not give any increase in market rate units for providing affordable housing units. A project may be built at 6 market rate units per acre in the MF zone, or 14 affordable and 6 market rate units per acre under the AHO zone. The market rate units are 6 in both scenarios. The lack of incentive to produce affordable housing explains why the 9.11 acres failed to produce two units in the 5th cycle.

In the 6th cycle, the 9.11 acres are supposed to produce 111 units. As is clear, without incentives, like increasing the units for market rate housing, no affordable housing will be produced in Malibu under the AHO zone.

Malibu must comply with its mandatory duty to “affirmatively further fair housing opportunities and promote housing throughout the community.” (Gov. Code § 65583, subd. (c)(5).) The identified Housing Element Law violations confirm that Malibu “is engaging in housing discrimination, it is not affirmatively furthering fair housing.” (Martinez, 90 Cal.

App. 5th at 289.) The Martinez court concluded “as a matter of law that the violations of §§ 65583, 65583.2(h), and 65584.09 . . . establish that the City has failed to ‘affirmatively further fair housing’ in violation of § 8899.50, subd. (b)(1).” (Id. at 289.) March 20, 2024 Letter to City of Malibu (Comments on Sixth Cycle Housing Element) . . . . . . . . . . . PAGE 2 247
THE CITY OF MALIBU’S DRAFT 6TH CYCLE HOUSING ELEMENT

DOES NOT COMPLY WITH THE HOUSING ELEMENT LAW
After decades of failing to achieve, adequate affordable housing, the Legislature held that “California has a housing supply and affordability crisis of historic proportions” and significantly expanded city’s responsibility under the Housing Element Law. (Gov. Code §§ 65580 through 65589.11). Cities “shall make adequate provision for the existing and projected needs of all economic segments of the community.” (Gov. Code § 65583.) Housing affordability is arrived at by viewing the area median income (AMI) further divided into four income categories: Very Low (31-50% of AMI), Low (51-80% of AMI), Moderate (81-120% of AMI) and Above Moderate (over 120% of AMI). Malibu’s 6th Cycle Housing Element included its “Regional Housing Needs” in Table 7.2-22 (pg 37) as comprising 79 units and further divided into four categories: 28 Very Low units (31-50% of AMI), 19 Low units (51-80% of AMI), 17 Moderate units (81-120% of AMI), and 15 above Moderate units (over 120% of AMI).

Malibu’s 6th Cycle Housing Element identifies six zoning districts in Table 7.4-2 (pg 51). According to Malibu, only the MFBF (Multi-Family Beachfront) zone with a density of 23.1 units per acre, and the AHO zone (Affordable Housing Overlay) zone with a density of 23.1 units per acre, exceed 20 units per acre mandated by the Housing Element Law.

Malibu focuses on “maximum density;” however, the Housing Element Law is based on “minimum density” and mandates that affordable housing sites “shall be . . . zoned with minimum density . . . at least 20 units per acre.” (Gov. Code § 65583.2, subd. (h).).

Malibu’s multi-family zone provides a maximum density of 6 units per acre, which is 30% of that mandated by the Housing Element Law. Neither the MFBF zone, the AHO zone, nor any other district in Malibu comply with the mandate requiring that affordable housing require a minimum density of 20 units per acre. Malibu’s failure to provide zoning with a minimum density of 20 units per acre violates the Housing Element Law.

March 20, 2024 Letter to City of Malibu (Comments on Sixth Cycle Housing Element) . . . . . . . . . . . PAGE 3 248

MALIBU CANNOT RELY ON THE SAME PROPERTIES IN THREE HOUSING CYCLES The Housing Element Law mandates that Malibu provide a housing inventory with sites that “can accommodate the development of some portion of its share of the regional housing need by income level during the planning period.” (Gov. Code § 65583, subd. (c).) Malibu’s 6th Cycle Housing Element includes a “Sites Inventory” (page 138) which identifies three contiguous parcels comprising 9.11 acres (5.12 + 0.74 + 3.25) which will produce 66 Low Income units and 45 Moderate Income units, for a total of 111 units.

Malibu’s 5th Cycle Housing Element (Jan. 13, 2014) includes the same three properties as meeting Malibu’s affordable housing projection during that cycle.

Malibu’s 4th Cycle Housing Element (adopted six years past its due date) relied on the same three properties as meeting Malibu’s affordable housing requirements. Malibu projected that these three properties would provide 181 affordable units during that cycle.

The 9.11-acre parcels comprise the bulk of Malibu’s housing inventory. Selecting the same 9.11 acres for three housing cycles is similar to a police department rounding up the usual suspects. This makes people feel that something is being done. It is apparent that after two prior housing cycles, the 9.11 acres at issue will not produce affordable housing.

March 20, 2024 Letter to City of Malibu (Comments on Sixth Cycle Housing Element) . . . . . . . . . . . PAGE 4 249
The Legislature was well aware that many gimmicks are used to exclude affordable housing. It closed this loophole by preventing cities from using the same properties to account for affordable housing. Gov. Code § 65583.2, subd. (c) addressed this as follows:
“A nonvacant site identified . . . in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period . . .” The statutory exception to the consecutive use of the same land does not apply here because the overlay zone used to calculate the density for the 9.11 acres does not provide a minimum of 20 units per acre. Malibu’s identification of the same three properties to provide affordable housing in three housing cycles violates the Housing Element Law.

MALIBU’S OVERLAY ZONE VIOLATES THE HOUSING ELEMENT LAW
During the 4th cycle, Malibu established “an Affordable Housing Overlay (AHO) zone, MMC § 17.42.020(L), allowing multi-family development at a minimum density of 20 units/acre.” (6th Cycle at page 53.) The AHO zone is not a citywide zone, only the same three 9.11 acre properties are in the overlay zone. (MMC § 17.42.020(L) Table 1.) “The Affordable Housing Overlay (AHO) District is . . . in addition to (and not as a limitation of) uses allowed within the underlying zoning district . . .” (MMC § 17.42.020(L), subd. 1.) Malibu’s 6th Cycle Housing Element confirms that the “three AHO parcels have a base zoning designation of MF (multi-family residential) and . . . the types of housing permitted on AHO sites are determined by the underlying zoning, which is MF for the sites identified in the Sites Inventory.” (6th Cycle at page 127.) The AHO zone “does not represent an ‘inclusionary’ requirement because property owners who do not wish to take advantage of the density incentive would be allowed to develop market-rate housing at the allowable base density of 6 units per acre.” (6th Cycle at page 102.) The AHO zone does provide 20 units per acre for three parcels; however, the three parcels base MF zone permits 6 units per acre; hence, the minimum zoning is 6 units per acre, not 20 units per acre. Malibu’s RHNA allocation to 9.11 acres zoned MF does not comply with the Housing Element Law. The 9.11 acres are “allowed to develop market-rate housing at the allowable base density of 6 units per acre.” (6th Cycle at page 102.) March 20, 2024 Letter to City of Malibu (Comments on Sixth Cycle Housing Element) . . . . . . . . . . . PAGE 5 250
In Martinez v. City of Clovis (2023) 90 Cal. App. 5th 193, the court held that the dual density limits did not comply with the Housing Element Law. In Martinez, the city “created a citywide zoning overlay that would allow multifamily housing on properties that meet specific standards.” (Id. at 229.) The court described the overlay zone as follows:
“An overlay zone district is a special zone district that adds another layer of permitted uses and standards over and beyond the existing (i.e., base layer) zoning. Unlike a conventional rezoning, an overlay does not remove the zoning rights of the base layer. Thus, when an area previously zoned for single-family housing becomes subject to an overlay district for multifamily housing, both types of housing are allowed within the overlay district. In such an overlay district, multifamily housing development and single-family housing development compete for sites.” (Martinez, 90 Cal. App. 5th at 229.) The density required by Gov. Code § 65583.2(h) requires that the “minimum density . . . shall be at least 20 units per acre.” The Martinez court noted that “the base zoning in existence when the overlay was enacted still applies to the RHN Overlay sites and permits development at densities below 20 units per acre.” (Martinez, 90 Cal. App. 5th at 238.) Martinez held that minimum density “is not susceptible to multiple interpretations and means what it says -- that the sites must be zoned with at least a density of 20 units per acre. As drafted, the RHN overlay merely allows an additional possible density and does not impose a minimum density of at least 20 units per acre.” (Martinez, 90 Cal. App. 5th at 240.) The “base zoning allows for development at a lower density and, thus, the RHN Overlay sites do not comply with Gov. Code § 65583.2(h).” (Id.) “While the RHN Overlay complies with this minimum density requirement, the base zoning does not. Because development may occur at a density that is lower than the statutory minimum, the RHN Overlay sites do not comply with § 65583.2(h). Therefore, the ordinance that created the RHN Overlay does not substantially comply with the Housing Element Law.” (Martinez, 90 Cal. App. 5th at 244.) The “amended housing element does not substantially comply with the Housing Element Law because the RHN Overlay does not comply with applicable density requirements.” (Id. at 252.) It is true that the AHO allows “a minimum density of 20 units/acre.” However, the “three AHO parcels have a base zoning designation of MF (multi-family residential) and . . . AHO sites are determined by the underlying zoning, which is MF for the sites identified in the Sites Inventory.” (6th Cycle at page 127.) The overlay zone is not explicitly prohibited; however, “Gov. Code § 65583.2(h) limits the parameters of the base and overlay by requiring the site to be zoned for a minimum density.” (Martinez, 90 Cal. App. 5th at 242.) Malibu must either increase the density of the existing multi-family zone to 20 units per acre or enact a new multi-family zone with a minimum of 20 units per acre. Until then, Malibu’s zoning code fails to comply with the Housing Element Law.

Malibu City CouncilSeptember 23, 2024

Malibu City Council
September 23, 2024