Meeting Agenda
CC250827_SPECIAL.PDF
Item 1A1
Rebuild Policies to Facilitate the Rebuilding of Structures Damaged or Destroyed by Natural Disasters
CC250827_ITEM 1A1.PDF
1. Documents:
2. Documents:
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HOW TO PARTICIPATE REMOTELY DURING THE MEETING: The City has been experiencing extreme technical issues with its broadcast and zoom capabilities. It is strongly recommended that those who wish to participate do so in person as zoom participation is not guaranteed. While the City intends to allow zoom participation if possible, the meeting will not be cancelled or continued if technical difficulties impact the ability to accept public participation over Zoom. In such case only in-person participation will be allowed. In order to participate remotely, you must be present in the Zoom Webinar and use the Raise Hand feature to request to speak when the Mayor calls for public comment. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required.
Malibu City Council
Work Session
Special Meeting Agenda
Wednesday, August 27, 2025
9:00 A.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/84291491845
To the members of the City Council of the City of Malibu:
NOTICE IS HEREBY GIVEN that the Mayor has called a Special Meeting of the City Council of the City of Malibu to be held at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA 90265, at 9:00 a.m. on Wednesday, August 27, 2025, for the purpose of holding a Work Session on Rebuild Policies.
Nine a.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
City Council Special Meeting Agenda Page - 2 - August 27, 2025 Report on Posting of Agenda – August 22, 2025
Approval of Agenda
Work Session on Rebuild Policies to Facilitate the Rebuilding of Structures Damaged or Destroyed by Natural Disasters
The City Council will hold a Work Session to consider the rebuild policy document to facilitate the rebuild of structures destroyed by natural disasters. Members of the public will have the opportunity to speak on each policy after a staff presentation.
Twelve p.m. Recess for Lunch
One p.m. Work Session Continues
Adjournment
Future Meetings
Monday, September 8, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, September 29, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, October 13, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Members of the public may speak during the meeting in-person or via the zoom application.
Rules and time limits for public comment will be determined by the Mayor based on the number of speakers and the topics scheduled for the meeting.
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City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
TheCity Hall phone numberis(310) 456-2489. To contact City Hall using a telecommunication device forthe deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Community Development Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable City Council Special Meeting Agenda Page - 3 - August 27, 2025 the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated this 22nd day of August 2025 at 11:30 a.m.
Kelsey Pettijohn, City Clerk
Agenda Item # 1.A.
Council Agenda Report
To: Mayor Riggins and the Honorable Members of the City Council Prepared by: Tyler Eaton, Principal Planner
Reviewed by: Yolanda Bundy, Community Development Director Trevor Rusin, Interim City Attorney
Approved by: Richard Rojas, Deputy City Manager
Date prepared: August 21, 2025 Meeting date: August 27, 2025 Subject: Rebuild Policies to Facilitate the Rebuilding of Structures Damaged or Destroyed by Natural Disasters
RECOMMENDED ACTION: Consider the rebuild policy document to facilitate the rebuild of structures destroyed by natural disasters.
DISCUSSION: The City Council approved Ordinance No. 524 on March 12, 2025 which provided new development standards within the Malibu Municipal Code and Local Coastal Program (LCP) in order to facilitate the rebuilding of structures destroyed or damaged in the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire. The ordinance also provided new development standards that would facilitate the rebuilding of structures destroyed in past and future fires. The LCP Amendment was certified by the California Coastal Commission on April 10, 2025. To date there are 45 rebuild applications that have been approved in the planning phase and one building permit issued.
Through March and April of 2025, the City hosted a series of neighborhood meetings to present the ordinance and rebuild policies to the various neighborhoods within the disaster area and to answer specific questions. The neighborhood meetings were a success and provided staff with various topics that still needed additional clarification. Staff have also received additional feedback from members of the public at various public meetings and through communication at the rebuild center. The major issues are captured in the attached policy document and represent the current staff policy on each issue. City Council can determine if the current policy shall be maintained, revised, or completely altered.
On July 22, 2025, the City Council considered the first draft of the policy document. Only one item was thoroughly vetted in the time allotted for the meeting. Council provided City Council Meeting
08-27-25
Item
1.A.
Agenda Item # 1.A.
direction to staff specifically on Issue No. 4, What is considered a “lawfully erected” structure under MMC Section 17.60.020? The general consensus from the Council was that “lawfully erected”, specifically for the 2025 Palisades Fire and 2024 Franklin Fire meant any structure that had existed just prior to the event could be built back as long as the structure was not part of an open code enforcement violation filed with the City and not illegal. Illegal in this case meaning a structure or any part of a structure that could not be legally permitted in any instance. The idea was to complement Governor’s Executive Order (EO) N-20-25 which provides the basis for the rebuild plus 10 percent and states “structures and facilities that existed immediately before this emergency” were part of the relief provided by the order.
On July 30, 2025, the Governor issued EO N-32-25 which allows City’s within a Very High Fire Hazard Severity Zone, such as the entire City of Malibu, to provide regulations regarding Senate Bill (SB) 9. SB 9 is a State law that allows existing single-family lots to be split into multiple lots and allows increased density. Staff added one additional policy in the Palisades Fire only section that provides limitations on SB 9 within the fire affected areas, consistent with the Governor’s EO.
All policy items presented to the Council on July 22, 2025, are the same. Issue No. 4 related to “lawfully erected” includes some added language in redline to display what had been agreed to by the Council at the July 22 meeting. The added SB 9 policy is also in redline and included in the Palisades Fire only section, Issue PF4.
Since July 22, there have been additional items requested from the public to be added to the policy list. Below is a shortlist of those items for Council to consider adding for discussion.
- Previously existing eaves and overhangs that project six feet or more from a building to be counted as Total Development Square Footage; and
- Qualifying for the 10 percent “footprint” within the Governor’s EO versus the City’s 10 percent “square footage, height, and bulk” and how they interplay with each other.
ATTACHMENTS:
1. Draft Council Rebuild Policy
Zoning Code Interpretation
(Interpretation of the provisions of the Malibu Zoning Ordinance as permitted under §17.02.050) Number: _ 15__ Dated: _August 27, 2025____
Amended: _______________
Community Development Director: Yolanda Bundy
Planning Manager: Tyler Eaton, Principal Planner
Interpreting Body: City Council
MMC and LCP Sections: Various Sections within Title 17 of the MMC and the LCP Title: Rebuild Policies
The City of Malibu has historically been subject to wildfires and other natural disasters that have destroyed property. The City has established a series of ordinances to guide the rebuild process following those disasters. In March of 2025, the City Council adopted Ordinance No. 524, the “Disaster Rebuild Ordinance”, which provided relief to those impacted by the 2025 Palisades Fire, 2024 Franklin Fire and 2024 Broad Fire, but also set new regulations for the rebuilding of structures lost in past and future disasters. Generally, property owners are allowed to replace structures destroyed by a natural disaster with an additional 10 percent height, bulk, or floor area per the Malibu Local Coastal Program’s (LCP) Local Implementation Plan (LIP) Section 13.4.6. Additionally, Malibu Municipal Code (MMC) Section 17.60.020(C) allows for structures destroyed in a natural disaster to be replaced with an additional 10 percent height, bulk, and square footage. In implementing the regulations set forth in Ordinance No. 524 that provide relief from the regular development standards, questions have arisen regarding issues related to the ordinance and rebuilding after disasters. To provide additional clarity, the following interpretations are hereby adopted to provide consistent guidance and application of these provisions:
Issue No. 1: What is “like-for-like”? Property owners are allowed to replace their previous structures that were destroyed “like-for-like” plus 10 percent additional square footage, height, and bulk.
Current Policy: “Like-for-like” means a replacement structure that is compliant with LIP Section
13.4.6 (if applicable) and MMC Section 17.60.020(C) in that it is sited in the same general location and is within 110 percent the same height, bulk, and square footage of the previous structure. The design of the structure may change. For example, a craftsman style design can be rebuilt as a modern design as long as the structure is within 110 percent the same height, bulk, and square footage of the previous structure.
Issue No. 2: What qualifies as a replacement structure being located in the same “general location” (MMC Section 17.60.020(C)) or “sited in substantially the same location” (LIP Section 13.4.6(A)).
Both the MMC and LCP require that replacement structures be sited in the same general location as the previous structures.
Current Policy: Replacement structures must be sited within 50 percent of the previous structure’s footprint and envelope to be considered “substantially” in the same location.
Issue No. 3: Calculating bulk. Bulk is defined in the LIP as “the total interior cubic volume as measured from the exterior surface of the structure.” The term is not defined in the MMC.
Current Policy: Property owners may rebuild their structures in line with the LIP definition of bulk; meaning the cubic volume (bulk) shall not exceed 110 percent the previous structure’s volume.
Issue No. 4: What is considered a “lawfully erected” structure under MMC Section 17.60.020? MMC Section 17.60.020(C) allows for lawfully erected structures that do not conform to the current design and development standards (or lot development criteria) in the City to be reconstructed if they were destroyed or damaged in a natural disaster.
Current Policy: Unless evidence demonstrates the contrary, a structure will be considered to be “lawfully erected” if: (1) it has a building permit or the required approvals from a government agency who had jurisdiction over the subject location when the structure was erected, or (2) the evidence demonstrates the structure existed prior to the date of the City’s incorporation-- except structures located on a beach, coastal bluff, within an environmentally sensitive habitat area, or other sensitive coastal resource area must be shown to have existed prior to the California Coastal Act. Evidence that may be used to demonstrate the above includes, but is not limited to, aerial and GIS imagery, photography, city records, Los Angeles County Assessor data, and California Coastal Commission records. For properties affected by the 2025 Palisades Fire and 2024 Franklin Fire only, “lawfully erected” will also mean any structure that had existed just prior to either the 2025 Palisades Fire and 2024 Franklin Fire could be built back as long as the structure was not part of an open code enforcement violation filed with the City and not illegal. Illegal in this case meaning a structure or any part of a structure that could not be legally permitted in any instance.
Issue No. 5: Basements. MMC Section 17.40.040(A)(13)(c) discounts the first 1,000 square feet of basements towards a property’s total development square footage (TDSF). Based on this language, some property owners are requesting that new basements do not count towards the 110 percent square footage allowed in a like-for-like rebuild.
Current Policy: The square footage for new basements shall be included in the 110 percent square footage calculation. A replacement structure cannot exceed a 10 percent increase in size/square footage, which would occur if the square footage of new basements was not included in the calculation.
Issue No. 6: Water tanks and pools. Water tanks and pools that have a draft hydrant and which can be connected to by the Los Angeles County Fire Department may be necessary for rebuild structures to have adequate fire flow to fight fires. MMC Section 17.62.080(A)(4) allows for water tanks, pools and other water storage devices to be permitted as long as they are required or recommended by a government agency.
Current Policy: If water tanks and pools are required or recommended by a government agency, the development standards for new structures within the subject zoning district shall be required except that the square footage needed for water tanks shall not be counted towards a property’s TDSF.
Issue No. 7: Combining square footage between multiple structures. Some property owners are seeking to combine square footage from multiple structures into one structure. For example, a property owner may have had a home with a detached gym but is now proposing to combine the detached gym’s square footage with the home. LIP Section 13.4.6 states that a replacement structure is exempt from a CDP if the replacement structure (1) is for the same use, (2) does not exceed the floor area, height, or bulk of the destroyed structure by more than 10 percent, and (3) is sited in substantially the same location. This section implies that each structure shall be placed in the same general location and rebuilt to the same general size.
Current Policy: MMC Section 17.40.050(B) sets the zoning standards for distance between buildings. Main buildings shall be at least 10 feet apart. Main building and accessory building shall be at least six feet apart. If structures that are proposed to be replaced are 10 feet or less in distance apart, they may be combined. However, as stated in LIP Section 13.4.6, the structures must maintain the same use. If an uninhabitable structure (such as a garage) is combined with a habitable structure, the square footage of the uninhabitable area must be maintained. This policy avoids unintended consequences that could be caused through the consolidation of dispersed structures into a larger home that could have impacts on views or other sensitive resources.
Issue No. 8: No net loss. California’s “No Net Loss” law (SB 166) “prohibits a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, unless the city, county, or city and county makes written findings supported by substantial evidence that the reduction is consistent with the adopted general plan, including the housing element, and that the remaining sites identified in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need. The city, county, or city and county may reduce the residential density for a parcel if it identifies sufficient sites, as prescribed, so that there is no net loss of residential unit capacity.” Some property owners, during the rebuild process, are seeking to convert multifamily structures into single-family structures if allowed by the subject zoning district.
Current Policy: In order to maintain compliance with State Law, the City is requiring that property owners who are seeking to convert their multifamily structures to single-family structures replace those lost units in the form of Accessory Dwelling Units (ADUs). For example, a triplex (three units) that is proposed to be replaced by a single-family residence shall also include two ADUs to ensure there is no net loss.
Issue No. 9: 10 percent increases must comply with current zoning regulations. MMC Section
17.60.020(C) allows nonconforming structures to be replaced (up to 110 percent height, bulk, and square footage) and maintain their nonconforming aspects in relation to the applicable zoning regulations.
Current Policy: The 10 percent increases must comply with current zoning regulations. As stated in MMC Section 17.60.020(C), increases to height or bulk above 18 feet shall require a site plan review (SPR) on non-beachfront properties. Similarly, 10 percent increases into required yard setbacks shall only be allowed with a SPR as listed in MMC Section 17.62.040. However, deminimis encroachments into required setbacks may be allowed at the discretion of the Community Development Director / Planning Manager. This policy allows legally established structures that do not conform to the current codes to be rebuilt, but prevents their nonconformities from expanding.
Issue No. 10: Is a wave action report required for a beachfront rebuild of a residence for a Planning Verification? MMC Section 17.40.040(A)(5)(b) states that new construction on beachfront lots must have their lowest finished floors elevations be determined by a comprehensive wave action report. In contrast, additions to an existing structure measure height based on an existing finished floor elevation.
Current Policy: The LIP definition of “New Development” explicitly excludes replacement structures (destroyed in a natural disaster) from being defined as new development and thus not subject to the rigorous review of new development requirements within the LCP. Because the LCP does not include replacement structures as “New Development”, the structures shall also not be considered “new construction” for planning (zoning) purposes. The lowest finished floor shall be determined by the Federal Emergency Management Agency’s (FEMA) flood plain regulations as stated in MMC Section
17.60.020(C)(1). A wave action report is necessary for newly required structures such as onsite wastewater treatment systems (existing and new) and new seawalls that would be processed under a Rebuild Development Permit per MMC Section 15.40.110(A).
Issue No. 11: Rooftop decks. Rooftop decks are referenced in LIP Section 3.6(E) as allowed, specifically for beachfront properties, and have been allowed historically in the City for non-beachfront properties. Rooftop decks are becoming more common and have been permitted on both beachfront and non-beachfront structures throughout the City’s history.
Current Policy: Rooftop decks are allowed for both beachfront and non-beachfront rebuilds.
Structures that include rooftop decks shall be conditioned to prohibit furniture that exceeds the railing height, prohibits use after 10 PM, and bars lighting and music. Other conditions may also be imposed to ensure neighboring properties are not subject to nuisance impacts, and also to protect views and visual resources. Rooftop deck railing height shall be included in the maximum height allowance for the replacement structure.
Issue No. 12: Survey requirement. Residents have expressed concerns about providing surveys in their Planning Verification applications. Staff have been able to accept other forms of evidence to verify compliance with LIP Section 13.4.6 (if applicable) and MMC Section 17.60.020(C) such as historical surveys, City approved plans, and Los Angeles County and California Coastal Commission records. However, there have been discrepancies in the available information. An example of a discrepancy is when the Los Angeles County Assessor information regarding lot area differs from what has been represented on historical plans.
Current Policy: Whenever there is a discrepancy between records available to staff to demonstrate compliance with the LIP Section 13.4.6 and MMC Section 17.60.020(C), the City will require an updated survey to verify that the replacement structure will comply with the listed code sections. 2025 PALISADES and 2024 FRANKLIN FIRE ONLY
The following issues are addressed only for structures destroyed in the 2025 Palisades Fire and do not apply to other structures that were destroyed in any other natural disaster as these projects are subject to special orders from the Governor.
Issue No. PF1: Projects that were deemed complete prior to the fire but never approved or permitted. There are some property owners who had projects in the system before the fire for additions and other improvements to their previously existing structures.
Current Policy: If a project was approved or the application was deemed complete before the 2025 Palisades Fire, and the structure was destroyed in the fire, the property owner is allowed to construct both the rebuild plus 10 percent and the deemed complete application as long as all required permits are obtained and as long as the deemed complete application does not require a site plan review, stringline modification, or variance. The owner may have to submit additional documentation for a project that has not yet received approval from the City.
Issue No. PF2: Seaward projections. Governor Gavin Newsome’s Executive Order (N-20-25), states that replacement structures may not “expand farther seaward on the beach than the structure or facility” that existed immediately before the 2025 Palisades Fire.
Current Policy: A replacement structure is not allowed to expand farther seaward than the structure that existed before the fire but it may shift previously existing square footage more seaward so long as the area being shifted does not go farther seaward than the structure’s “predominate seaward projection”. MMC Section 17.40.040(A)(7)(c)(1)(b) defines a beachfront structure’s “predominate seaward projection” as “that portion of a structure closest to the ocean, which has a width (i.e., the dimension which is on a plane parallel to the ocean front) at least 30% of the maximum width of the structure.” If one floor is further seaward than another, and the floor that is further seaward meets the definition of “predominate seaward projection”, then the floor that is further landward may extend out to a point no further seaward than the “predominant seaward projection” of the structure but shall still be limited by the stringline rule as required in MMC Section 17.40.040(A)(7)(c). Both the deck and the dwelling are viewed as separate structures.
Issue No. PF3: Are building code required interior accesses on beachfront lots counted towards the 10 percent increase in square footage allowed? With the new FEMA regulations shifting beachfront properties to higher elevations, some property owners may have homes that extend significantly above PCH than before and thus require new interior access staircases to access the home from ground level (Pacific Coast Highway).
Current Policy: An interior access that is required by the building code and is necessitated by the new finished floor requirements based on the FEMA flood elevations will not be counted towards the 10 percent additional square footage allowed for rebuilds.
Issue No. PF4: Governor Gavin Newsom’s Executive Order (N-32-25) states that local jurisdictions within the boundaries of the 2025 Palisades Fire may prohibit or restrict the acceptance and processing of applications under Government Code Sections 65852.21 and 66411.7 for projects located in Very High Fire Hazard Severity Zones.
Current Policy: The City of Malibu will not accept or process applications under Government Code Sections 65852.21 and 66411.7 for any project within a Very High Fire Hazard Severity Zone within the boundaries of the Palisades or Franklin Fire areas.
Legislative Record: On July 22, 2025, the City Council approved the subject interpretation.