Malibu City Council
July 22, 2026

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Meeting Agenda
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Item 1A
Appeal of Planning Commission Resolution No. 25-62 Regarding Coastal Development Permit No. 23-040 and CUP No. 21-008 (22800 Pacific Coast Highway, APN 4452-004- 032; Owner, Carbon Investments; Appellant, Bill Sampson for Malibu Township Council) CC_260722_ITEM_1A.PDF

1. Documents:

2. Documents:

Malibu City Council
Special Meeting Agenda
Wednesday, July 22, 2026
2:00 P.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87985644870

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On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public. Specific rules for public hearings are described in more detail below.

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City Council Special Meeting Agenda Page - 2 - July 22, 2026 When each item is called, the Mayor will announce a final call for Speaker Slips and raised hands.

Speaker Time: Members of the public will have the opportunity to speak on items on the agenda. Remote and in-person participants will have three (3) minutes to speak on each item on the agenda and general public comment. In-person participants may also surrender their time to speak on an item on the agenda by deferring one (1) minute to another speaker, not to exceed a total of five (5) minutes. Speakers receiving time deferrals may be participating in-person or remotely. The individuals deferring time must be present in Chambers when the item is heard and their slips must be prior to the beginning of the item being announced by the Mayor. Speakers are taken in the order slips are submitted or hands are raised.

PUBLIC HEARINGS: For Public Hearings involving land use appeals/applications the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. Following the initial presentations from the appellant and applicant and public testimony Councilmembers may address questions to any of the speakers, members of the public in attendance, chairpersons or a designated representative of city commissions, boards or committees, city staff or consultants. Following the question period, the appellant and applicant will have the opportunity to present rebuttal before the public hearing is closed.

Any written comments or audiovisual materials for the hearing from the applicants, appellants, and/or their representatives, including any that they intend to present at the hearing, must be submitted ten (10) business days in advance, by 5:00 p.m. on July 8, 2026. Any written comments or audiovisual materials from members of the public, including any that they intend to present at the hearing, must be submitted three (3) business days in advance, by 4:00 p.m. on July 17, 2026. No additional materials from any party or the public will be accepted after these deadlines. All materials should be emailed to [email protected].

VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video, www.youtube.com/CityofMalibu, and via Zoom Webinar.

Two p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – June 18, 2026
Approval of Agenda

1. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.

A. Appeal of Planning Commission Resolution No. 25-62 Regarding Coastal Development Permit No. 23-040 and CUP No. 21-008 (22800 Pacific Coast Highway, APN 4452-004-032; Owner, Carbon Investments; Appellant, Bill Sampson for Malibu Township Council) Recommended Action: Either: 1) Adopt Resolution No. 26-48 denying Appeal (AP) No. 25-009, determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-040 and Conditional Use Permit (CUP) No. 21-008 for a change of use from an existing, non-conforming multi-family City Council Special Meeting Agenda Page - 3 - July 22, 2026 residential use to a conforming, commercial visitor-serving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office located in the Commercial Visitor Serving-One (CV-1) zoning district at 22800 Pacific Coast Highway (PCH) (Carbon Investments); or 2) Direct staff to bring back a resolution consistent with the City Council’s decision.

Staff Contact: Community Development Director Bundy, 456-2489, ext. 229 Adjournment
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.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the 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 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 18th day of June 2026 at 4:00 p.m.

Kelsey Pettijohn, City Clerk

Agenda Item #1.A.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Adam Pisarkiewicz, Contract Planner
Reviewed by: Yolanda Bundy, Community Development Director Tyler Eaton, Assistant Community Development Director
Approved by: Joseph D. Irvin, City Manager
Trevor Rusin, Interim City Attorney
Date prepared: June 12, 2026 Meeting Date: July 22, 2026 Subject: Appeal of Planning Commission Resolution No. 25-62 Regarding Coastal Development Permit No. 23-040 and CUP No. 21-008 (22800 Pacific Coast Highway, APN 4452-004-032; Owner, Carbon
Investments; Appellant, Bill Sampson for Malibu Township Council) RECOMMENDED ACTION: Either: 1) Adopt Resolution No. 26-48 (Exhibit A) denying Appeal (AP) No. 25-009 (Exhibit B), determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-040 and Conditional Use Permit (CUP) No. 21-008 for a change of use from an existing, non-conforming multi-family residential use to a conforming, commercial visitor-serving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office located in the Commercial Visitor ServingOne (CV-1) zoning district at 22800 Pacific Coast Highway (PCH) (Carbon Investments); or 2) Direct staff to bring back a resolution consistent with the City Council’s decision.

FISCAL IMPACT: There is no direct fiscal impact associated with the recommended action other than regular operations from the Community Development Department. Transient Occupancy Tax (TOT) generated from an approved motel at this site would be similar to what is already being generated from this site as it currently hosts nine permitted Short Term Rental (STR) units that would be converted to nine motel rooms.

STRATEGIC PLAN IMPLEMENTATION: N/A.

City Council Meeting
07-22-26
Item

1.A.

Agenda Item #1.A.

DISCUSSION: The matter is an appeal of the Planning Commission’s approval of CDP No. 23-040 and CUP No. 21-008 (CDP/CUP), an application for a change of use from an existing, non-conforming multi-family residential use to a conforming, commercial visitorserving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office. The appellant, Bill Sampson, representing the Malibu Township Council, (a group of residents appealing this application, refer to Exhibit B), subsequently filed an appeal of the Planning Commission’s decision to approve the project (Exhibit C – Resolution No. 25-62).

Project Background
According to the Los Angeles County Tax Assessor’s Office, the structures on the subject parcel were originally constructed in 1955. On December 12, 1986, the Los Angeles (LA) County Department of Regional Planning (County Planning) issued the last comprehensive site plan for the subject parcel. The 1986 site plan contained the existing residential buildings with nine approved rental units, the existing commercial building, and compliant parking for the commercial and residential uses per LA County standards. The spaces were approved under County Planning standards for parking space dimensions and turning radius widths. The units were approved as rental units and not individuallyowned condominiums.

Subsequent to 1986, the landscaping areas and parking lot underwent modifications without the benefit of City-issued permits. These modifications resulted in added landscaping, altered vehicle ingress and egress, and reduced the number of parking spaces onsite compared to the 1986 site plan.

On May 9, 2023, the Planning Division approved Administrative Plan Review (APR) No. 22-017 to address the unpermitted landscape installation and reconfigured parking. The approved APR allowed the parcel to revert to the 1986 configuration, required the removal of unpermitted landscaping, and ensured parking spaces were provided onsite. The APR also required that the parking layout complied with the Americans with Disabilities Act (ADA). The scope of work approved by the APR has been started but not yet completed.

As part of the APR approval, all existing outdoor lighting must be Dark Sky compliant and the applicant has already completed the lighting upgrade.

The existing structures and site improvements were legally constructed via the approved 1986 site plan. Structures and site improvements that are properly permitted may remain even if the MMC and LIP change so long as they are continuously maintained as provided for in LIP Section 13.5 and MMC Chapter 17.60 (Nonconforming Structures and Uses).

In conjunction with APR No. 22-017, an outdoor lighting application was submitted to the City for new outdoor lighting fixtures, per the requirements of Malibu Municipal Code (MMC) Chapter 17.41 (Dark Sky Ordinance). On January 26, 2023, the Planning Division

Agenda Item #1.A.
approved Outdoor Lighting Review (OLR) No. 22-011 to bring existing exterior lighting into compliance with the City’s Dark Sky Ordinance.

The vacant commercial structure was previously occupied by a restaurant (La Salsa), which was a conforming use in the CV-1 zone, but has remained vacant since the restaurant’s closing in 2015. The dwelling units began to be utilized as Short Term Rentals in 2015 with all nine units being used as STRs by 2022. All nine units received STR permits per MMC Chapter 17.55 and the property owner has operated them without receiving complaints. None of the units are being used as typical long-term multi-family residential housing.

The proposed project was originally scheduled to be presented to the Planning Commission on August 7, 2023, but the Commission continued the item to a date uncertain after it received a comment letter from the California Coastal Commission (Exhibit G) requesting an analysis of Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 12.10 (New Luxury Overnight Accommodations) which requires the applicant to prepare a Room Rate Analysis. The applicant submitted the Room Rate Analysis in April 2025 (Attachment 4 of Exhibit E). The proposed project was subsequently scheduled for the December 1, 2025 Planning Commission meeting. The Planning Commission agenda reports are attached hereto as Exhibits D and E.

Project Overview
The subject property is a developed beachfront parcel totaling approximately 0.3 acre in size, consisting of two multi-family buildings oriented along the coast and one vacant commercial building with an approximate 22-foot statue1 fronting PCH. The project proposes a change of use for the subject property which includes the existing nonconforming multi-family buildings to a motel2 use which is a conditionally permitted use in the CV-1 zone. The applicant has not requested, nor does the CDP/CUP authorize any structural alterations, construction, additions, or demolition to the subject property, expansion of the existing onsite wastewater treatment system (OWTS), or expansion of existing shoreline protection. The two buildings contain a total of nine residential units, each of which is proposed to be converted into a motel room. The proposed motel’s management, maintenance, and housekeeping services would be provided by contracted third-party providers that are currently servicing the existing STR use of the residential units. The existing, vacant commercial building is proposed to be utilized as the motel manager’s office and the existing statue would remain as-is. Together, the CDP/CUP are required by the LIP and MMC to authorize the change of use. No new development is proposed or required as part of the CDP/CUP.

Agenda Item #1.A.

Figure 1: Aerial Photograph of Subject Property
Source: City GIS
1 The freestanding statue has existed since the early 1960s and was formerly associated with Foster Freeze prior to La Salsa. 2 LIP §2.1 defines a motel as “a facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.

The change of use from multi-family residential to commercial visitor-serving motel does not trigger any associated provisions of California Government Code 66300, et al., related to ‘no net loss’ in residential capacity or consequently impact the City’s 6th Cycle Housing Element in a negative way. The proposed project is not a legislative change that reduces the capacity for housing in the City or an action that would reduce and/or eliminate existing affordable housing in the Coastal Zone for persons and families of low and moderate incomes. The subject parcel is not a Regional Housing Needs Assessment (RHNA) housing inventory site in the City’s 6th Cycle Housing Element and the proposed project is not a housing development that would require replacement of demolished units. As of 2015, some of the multi-family units began to be utilized as STRs with all nine units being STRs by 2022. The property owner has applied for and been issued STR permits via the City since the City’s permitting program’s inception in 2021. The change of use from nine STRs to nine motel rooms would continue the existing transitory lodging use of the parcel and makes it a conforming use in the CV-1 zoning district with no changes to the structures.

On December 1, 2025, the Planning Commission considered the item. After deliberation, the Planning Commission approved the project on a 4-1 vote. The December 1, 2025 Existing
Multi-Family
Buildings
Subject
Parcel
Existing, Vacant
Commercial
Building & Statue

Agenda Item #1.A.
agenda report, and related correspondence are attached as Exhibit E. Appeal No. 25-009 was filed on December 11, 2025 (Exhibit B). The appeal was submitted by Bill Sampson, representing the Malibu Township Council, (a group of residents appealing this application). The Planning Commission agenda report goes into greater detail regarding the project. The videos regarding the Planning Commission deliberation on the items can be found on the City’s website at https://www.malibucity.org/662/Public-Meeting-VideoArchive

APPEAL TO THE CITY COUNCIL
The appellant, Bill Sampson, representing the Malibu Township Council, provided written and oral testimony during the public hearing before the Planning Commission. In the appeal, the appellant contends that the findings are not supported by the evidence, that there was a lack of fair or impartial hearing, and that the decision was contrary to law. The specific arguments are summarized below in italics. The full text of the appeal documents can be found in Exhibit B.

Appeal Item 1. The Planning Commission’s approval contradicts the project description in the application.

Staff Response
The appellant claims that while the project description states that the existing vacant commercial building will be used as the motel manager’s office, the appellant states that the “submitted plans incorrectly labeled the vacant structure as ‘Not Included In Project Application.’” The appellant concludes that the Planning Commission nevertheless approved the project without requiring the manager’s office to be staffed or used as a manager’s office at all.

As the project application was solely for a change of use from a non-conforming multifamily residential use to a conforming motel use in the CV-1 zone, the project application did not include a set of development plans specific to the CDP/CUP. The plans referenced by the appellant are specific to previously approved APR No. 22-017, which reverted the parcel back to its originally approved condition per the 1986 site plan issued by County Planning and removed the unpermitted landscaping improvements and parking reconfiguration. The APR scope of work did not include any changes to the vacant commercial building and the APR plans were properly labeled that the building was not included in the project application. The APR plans were included as an attachment to the agenda report for the CDP/CUP for illustrative purposes only and to show how the subject parcel will appear once the associated APR scope of work is completed. The APR site plan was clearly identified as such in the CDP/CUP agenda report as well as the presentation given to the Planning Commission and public. The Planning Division took care to highlight the nuance with the approved APR scope and requested CDP/CUP in the agenda report and presentation. However, the appellant equated the previously

Agenda Item #1.A.
approved development and site plan for the APR with the change of use request under the CDP/CUP.

Regarding the applicant’s proposal to use the vacant commercial building as a manager’s office, the applicant had explained the following during the Planning Commission meeting:
1) they will have an on-site manager during daytime hours; 2) that all motel guests will have a phone number to call with any issues 24/7; and 3) that a staff member would return to the motel if needed by guests outside of staffing hours. The Planning Commission considered the applicant’s explanation as sufficient and did not find reason to require conditions of approval specifying specific staffing hours of the manager’s office.

Appeal Item 2. The Planning Commission’s approval relied on new, material information introduced after public comment, denying the public a fair hearing.

Staff Response
The Planning Commission agenda report accurately stated that the vacant commercial building would be utilized as the on-site motel manager’s office as proposed by the project applicant. Neither the LIP nor the MMC contain objective programming requirements for motels, including staffing operations or the hours in which on-site staff must be present.

As such, the agenda report made no mention of the motel manager’s hours as a matter of conformance review. The Planning Division found the application to provide a sufficient basis for recommending the findings to be made for the requested CDP/CUP without need conditions of approval related to staffing and the Planning Commission concurred. The City Council may consider imposing conditions related to staffing if deemed necessary and if granting approval of the project.

During Planning Commission deliberation, a Commissioner asked the applicant how many hours a day the motel manager would be on-site. The applicant responded that the manager would be on-site during normal business hours and added that the hours would be approximately 8:00 AM to 6:00 PM. The applicant also stated that there would be a 24- hour contact person that guests would have access to, should there be any issues. Later in the Planning Commission meeting, the Commission briefly discussed whether to include a condition regarding motel manager staffing hours. The Planning Commission decided not to include a condition requiring specific staffing hours, finding that the grounds for making the required CDP/CUP findings were already warranted.

The appellant contends that the applicant disclosed that the manager’s office would not be staffed and disclosed this only after the Planning Commissioner raised the issue during deliberation, creating an opportunity for the applicant to avoid an operational requirement.

The applicant stated that the manager’s office would be staffed during normal business hours, and the Planning Commission had deliberated whether to impose a condition of approval requiring specific staffing hours but decided not to do so.

Agenda Item #1.A.

The public had notice and an opportunity to be heard and was able to speak on how the project and manager’s office should operate, and any impacts of the project and suggestions for conditions to mitigate any negative impacts of the project. In addition, the City Council’s review of the project is de novo and would supersede the Planning Commission’s decision and any issue of notice or an opportunity to be heard will be cured by the opportunity of the public, applicant and appellant to comment and present at the City Council meeting. The Planning Commission meeting was fair and impartial and appropriate notice and opportunity to be heard was provided.

Appeal Item 3. The Planning Commission approved a motel with no requirement for onsite management, leaving the use functionally indistinguishable from an unhosted ShortTerm Rental compound, and violating R1 occupancy commercial codes, etc. Therefore, the proposed project is not the least environmentally damaging alternative.

Staff Response:

The California Building Code’s R-1 occupancy standards do not contain any requirements for on-site motel managers. Consequently, there is no Building Code violation associated with the Planning Commission’s decision not to impose on-site manager staffing hours as a condition of approval or part of its findings. During the Planning Commission meeting, the applicant stated there will be an on-site manager during normal business hours, approximately from 8:00 AM to 6:00 PM, as well as a 24-hour contact person available for guests.

Further, the LIP does not contain any requirement for on-site management for a motel use, nor does it prescribe objective criteria related to staffing requirements for motels. The criteria for which the LIP stipulates the use of a motel is found in LIP Section 2.1 (Definitions) which reads: “MOTEL - A facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.”
The proposed motel provides non-luxury lodging accommodations in the City’s CV-1 zone.

This is confirmed in the applicant’s provided Room Rate Analysis as required for proposed overnight accommodations pursuant to LIP Section 12.10 (New Luxury Overnight Accommodations) (Attachment 4 of Exhibit E). The existing use on the subject parcel is multi-family residential which is a non-conforming use in the CV-1 zone. Motels are a conditionally permitted use in the CV-1 zone meaning it is allowed but requires a CUP.

The project proposes to change the primary use of the parcel from a non-conforming residential use in the CV-1 zone to a conforming commercial visitor service use in the CV1 without any need for any development or expansion on a beachfront parcel. It should be noted that this site is within a commercial corridor near the Malibu Pier and Carbon Beach

Agenda Item #1.A.
where other hotel/motels currently reside, and the project is expected to assimilate with existing development in the area. All existing facilities are sufficient for the proposed use, including the OWTS and shoreline protection. As proposed, the requested change of use was found to be protective of coastal resources by utilizing onsite development and to further the goals of the LCP by providing overnight accommodations in the CV-1 zone and changing a nonconforming use into a conforming use that matches the Malibu General Plan’s design for the location.

Further, no alternative was specified by the appellant, let alone one that demonstrated an environmental impact that would be lessened by its adoption. As a result, the proposed project was recommended by the Planning Division and found by the Planning Commission to be the least environmentally damaging alternative.

Appeal Item 4. The Planning Commission’s approval adopted a supervisory standard below what is expected for commercial transient lodging, despite motels being more intensive visitor-serving uses in Malibu.

Staff Response
As previously described in the response to Appeal Item 2, the Planning Commission had the opportunity to include a condition of approval requiring specific staffing hours be included in the CDP/CUP but decided such a condition was not required in order to make the required findings.

Neither the LIP nor the MMC contain objective programming requirements for motels, including staffing operations or the hours in which on-site staff must be present. The appellant contends that that the Planning Commission “adopted a supervisory standard less protective than what applies to residential Short-Term Rentals”. MMC Chapter 17.55 (Short-Term Rentals) does not contain specific on-site staffing requirements for STRs. The only related provision is in MMC Section 17.55.020.A.(5) which states, “The owner’s agent, with access to the dwelling unit and authority to fix any problems or violations of this chapter, must be available 24 hours a day, seven days a week, at a phone number provided to both the City and any guest staying at the property to answer a call from the City, an agent authorized by the City to make such calls or a guest when there is a guest renting the property.”
The application specifies that the vacant commercial building would be used as an on-site motel manager’s office. The applicant also stated that the office would be staffed during normal business hours and there would be a 24-hour contact number for guests. The Planning Commission’s approval follows all applicable provisions of the LCP and MMC as all required findings were made in support of the CDP pursuant to LIP Section 13.9 and CUP pursuant to MMC Section 17.66.090. As approved, there is no evidence that the Planning Commission adopted a supervisory standard below what is required for

Agenda Item #1.A.
commercial transient lodging in the LCP or MMC, let alone evidence that demonstrates the findings are not supported by the evidence or that the project would be contrary to law.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Commission has analyzed the project. The Planning Commission found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Similarly, Staff recommends that the Council also find that the proposed project is categorically exempt from the provisions of CEQA pursuant to Sections 15301(e), (l) - Existing Facilities, 15303(d), (e) - New Construction or Conversion of Small Structures, and 15304(b) - Minor Alterations to Land, and that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

PUBLIC CORRESPONDENCE: No correspondence has been received since the appeal was filed.

PUBLIC NOTICE: On June 18, 2026, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City and public notice was mailed to the owners and occupants of all properties within a radius of 500 feet of the subject property (Exhibit F).

EXHIBITS:

A. Resolution No. 26-48
B. Appeal No. 25-009
C. Adopted Resolution No. 25-62
D. 2023 Planning Commission Agenda Report with Attachments, including Correspondence
E. 2025 Planning Commission Agenda Report with Attachments including Room Rate Analysis, and Correspondence
F. Notice of Public Hearing
G. California Coastal Commission letter date, July 17, 2023 Exhibit A
RESOLUTION NO. 26-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU, DENYING APPEAL NO. 25-009, DETERMINING THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT, AND APPROVING COASTAL DEVELOPMENT PERMIT
NO. 23-040 AND CONDITIONAL USE PERMIT NO. 21-008 FOR A CHANGE

OF USE FROM AN EXISTING NON-CONFORMING MULTI-FAMILY
RESIDENTIAL USE TO A CONFORMING, COMMERCIAL VISITORSERVING MOTEL USE AND THE UTILIZATION OF THE EXISTING,

VACANT COMMERCIAL STRUCTURE AS AN ANCILLARY MOTEL
MANAGER’S OFFICE, LOCATED IN THE COMMERCIAL VISITOR
SERVING-ONE ZONING DISTRICT AT 22800 PACIFIC COAST HIGHWAY (CARBON INVESTMENTS)
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On September 17, 2021, an application for Conditional Use Permit (CUP) No. 21- 008 was submitted to the Planning Division by the applicant, Pacific Coast Management, LLC, on behalf of the property owners, Carbon Investments, for the change of use. The application was routed to the City Environmental Health Administrator for review. Coastal Development Permit (CDP) No. 23-040 was later added to the project because it includes a change in land use.

B. On October 27, 2021, Planning Division staff conducted a site visit to document the existing conditions.

C. On February 1, 2023, the CUP application was deemed complete for processing.

D. On May 9, 2024, APR 22-017 was approved by the Planning Director to remove unpermitted parking area alterations and revert the parking area and landscaping back to its originally approved condition per the last approved site plan via Los Angeles County in 1986.

E. On June 22, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

F. On July 17, 2023, the Planning Commission continued the public hearing on the subject application to the August 7, 2023 meeting of the Planning Commission.

G. On August 7, 2023, the Planning Commission continued the item to a date uncertain.

H. On July 10, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

I. On August 4, 2025, the Planning Commission continued the item to a date uncertain.

Resolution No 26-48

______________________
J. On November 6, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

K. On December 1, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record, and adopted Planning Commission Resolution No. 25-62.

L. On December 11, 2025, Appeal No. 25-009 was filed by a resident group.

M. On June 18, 2026, a Notice of City Council Public Hearing was published in the newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

N. On July 22, 2026, the City Council held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the City Council has analyzed the proposed project. The City Council has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Similarly, Staff recommends that the Council also find that the proposed project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Section 15301(a) - Existing Facilities. The City Council has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Appeal of Action.

The appellant contends that the Planning Commission’s decision is based on the findings or conditions not supported by evidence, or the decision is not supported by the findings, and the decision was contrary to law. Based on the evidence in the record, including as detailed below, in the agenda report, the materials submitted, and at the hearings on the matter, the City Council has determined that the project does conform to the findings required by the Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC), and denies the appeal. The Council finds that the evidence supports the findings and is consistent with the City’s past application of the applicable provisions of the LCP Local Implementation Plan (LIP).

The Council also finds the conditions proposed by the appellant lack nexus with existing LIP and MMC standards and are not required in order to make the findings to approve the project. The appellant has also not provided substantial evidence to support its claims, or that the requested conditions are legal, appropriate, or otherwise required. In addition:

1. The appellant claims that while the project description states that the existing vacant commercial building will be used as the motel manager’s office, the appellant states that the “submitted plans incorrectly labeled the vacant structure as ‘Not Included In Project Application’”.

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The appellant concludes that the Planning Commission nevertheless approved the project without requiring the manager’s office to be staffed or used as a manager’s office at all. As the project application was solely for a change of use from a non-conforming multi-family residential use to a conforming motel use in the Commercial Visitor Serving-1 (CV-1) zone, the project application did not include a set of development plans specific to the CDP/CUP. The plans referenced by the appellant are specific to previously approved Administrative Plan Review (APR) No. 22-017, which reverted the parcel back to its originally approved condition per the 1986 site plan issued by County Planning and removed the unpermitted landscaping improvements and parking reconfiguration. The APR scope of work did not include any changes to the vacant commercial building and the APR plans were properly labeled that the building was not included in the project application. The APR plans were included as an attachment to the agenda report for the CDP/CUP for illustrative purposes only and to show how the subject parcel will appear once the associated APR scope of work is completed. The APR site plan was clearly identified as such in the CDP/CUP agenda report as well as the presentation given to the Planning Commission and public. The Planning Division took care to highlight the nuance with the approved APR scope and requested CDP/CUP in the agenda report and presentation. However, the appellant mistakenly equated the previously approved development and site plan for the APR with the change of use request under the CDP/CUP. Regarding the applicant’s proposal to use the vacant commercial building as a manager’s office, the applicant had explained the following during the Planning Commission meeting: 1) they will have an on-site manager during daytime hours; 2) that all motel guests will have a phone number to call with any issues 24/7; and 3) that a staff member would return to the motel if needed by guests outside of staffing hours. The Planning Commission considered the applicant’s explanation as sufficient and did not find reason to require conditions of approval specifying specific staffing hours of the manager’s office.

2. The Planning Commission agenda report accurately stated that the vacant commercial building would be utilized as the on-site motel manager’s office as proposed by the project applicant. Neither the LIP nor the MMC contain objective programming requirements for motels, including staffing operations or the hours in which on-site staff must be present. As such, the agenda report made no mention of the motel manager’s hours as a matter of conformance review.

The Planning Division found the application to provide a sufficient basis for recommending the findings to be made for the requested CDP/CUP without need for conditions of approval related to staffing. Approximately one hour after the public hearing was closed by the Planning Commission Chair, during Planning Commission deliberation, a Commissioner asked the applicant how many hours a day the motel manager would be on-site. The applicant responded that the manager would be on-site during normal business hours and added that the hours would be approximately 8:00 AM to 6:00 PM. The applicant also stated that there would be a 24-hour contact person that guests would have access should there be any issues. Later in the Planning Commission meeting, the Commission briefly discussed whether to include a condition regarding motel manager staffing hours. The Planning Commission decided not to include a condition requiring specific staffing hours as the grounds for making the required CDP/CUP findings were already warranted. The appellant contends that the applicant disclosed that the manager’s office would not be staffed and disclosed this only after the Planning Commissioner raised the issue during deliberation, creating an opportunity for the applicant to avoid an operational requirement.

However, both of the applicant’s contentions are incorrect. The applicant stated that the manager’s office would be staffed during normal business hours, and the Planning Commission had ample opportunity to impose a condition of approval requiring specific staffing hours but decided not to do so. The public had notice and an opportunity to be heard, and was able to speak on how the project and the manager’s office should operate, and any impacts of the project and suggestions Resolution No 26-48

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for conditions to mitigate any negative impacts of the project. In addition, the City Council’s review of the project is de novo and would supersede the Planning Commission’s decision and any issue of notice or an opportunity to be heard will be cured by the opportunity of the public, applicant, and appellant to comment and present at the City Council meeting. The Planning Commission meeting was fair and impartial and appropriate notice and opportunity to be heard was provided.

3. The California Building Code’s R-1 occupancy standards do not contain any requirements for on-site motel managers. Consequently, there is no Building Code violation associated with the Planning Commission’s decision not to impose on-site manager staffing hours as a condition of approval or part of its findings. During the Planning Commission meeting, the applicant stated there will be an on-site manager during normal business hours, approximately from 8:00 AM to 6:00 PM, as well as a 24-hour contact person available for guests. Further, the LIP does not contain any requirement for on-site management for a motel use, nor does it prescribe objective criteria related to staffing requirements for motels. The criteria for which the LIP stipulates the use of a motel is found in LIP Section 2.1 (Definitions) which reads: “MOTEL - A facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.” The proposed motel provides non-luxury lodging accommodations in the City’s CV-1 zone. This is confirmed in the applicant’s provided Room Rate Analysis as required for proposed overnight accommodations pursuant to LIP Section 12.10 (New Luxury Overnight Accommodations) (Exhibit D). The existing use on the subject parcel is multi-family residential which is a non-conforming use in the CV-1 zone. Motels are a conditionally permitted use in the CV-1 zone meaning it is allowed but requires a CUP. The project proposes to change the primary use of the parcel from a non-conforming residential use in the CV-1 zone to a conforming commercial visitor service use in the CV-1 without any need for any development or expansion on a beachfront parcel. All existing facilities are sufficient for the proposed use, including the OWTS and shoreline protection. As proposed, the requested change of use was found to be protective of coastal resources by utilizing onsite development and to further the goals of the LCP by providing overnight accommodations in the CV-1 zone and changing a nonconforming use into a conforming use that matches the Malibu General Plan’s design for the location. Further, no alternative has been specified by the appellant, let alone one that demonstrated an environmental impact that would be lessened by its adoption. As a result, the proposed project was recommended by the Planning Division and found by the Planning Commission to be the least environmentally damaging alternative.

4. As previously described in the response to Appeal Item 2, the Planning Commission had ample opportunity to include a condition of approval requiring specific staffing hours be included in the CDP/CUP, but decided such a condition was not required in order to make the findings.

Neither the LIP nor the MMC contain objective programming requirements for motels, including staffing operations or the hours in which on-site staff must be present. The appellant contends that the Planning Commission “adopted a supervisory standard less protective than what applies to residential Short-Term Rentals” is not accurate. MMC Chapter 17.55 (Short-Term Rentals) does not contain specific on-site staffing requirements for STRs. The only related provision is in MMC Section 17.55.020.A.(5) which states, “The owner’s agent, with access to the dwelling unit and authority to fix any problems or violations of this chapter, must be available 24 hours a day, seven days a week, at a phone number provided to both the City and any guest staying at the property to Resolution No 26-48

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answer a call from the City, an agent authorized by the City to make such calls or a guest when there is a guest renting the property.” The application specifies that the vacant commercial building would be used as an on-site motel manager’s office. The applicant also stated that the office would be staffed during normal business hours and there would be a 24-hour contact number for guests. The Planning Commission’s approval follows all applicable provisions of the LCP and MMC as all required findings were made in support of the CDP pursuant to LIP Section 13.9 and CUP pursuant to MMC Section 17.66.090. As approved, there is no evidence that the Planning Commission adopted a supervisory standard below what is required for commercial transient lodging in the LCP or MMC, let alone evidence that demonstrates the findings are not supported by the evidence or that the project would be contrary to law. The project complies with the requirements of the LCP and MMC. Based on the record at the public hearing, the City Council has found that the findings and conditions are supported by the preponderance of the evidence and that the decision is supported by the findings, that there was a fair and impartial hearing, and that the decision was not contrary to law. Thus, the Council denies the appeal and approves the project.

SECTION 4. Coastal Development Permit Findings.

Based on the evidence contained within the record (including the analysis, findings of fact, and conclusions set forth by staff in the Council Agenda Report and Planning Commission Agenda Reports, as well as the testimony and materials considered by the Planning Commission and City Council), and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the City Council makes the findings of fact below, and approves CDP No. 23-040 and CUP No. 21-008 for the change of use from an existing, nonconforming multi-family residential use to a conforming, commercial visitor-serving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office on a property located in the CV-1 zoning district located at 22800 Pacific Coast Highway (PCH).

The project is consistent with the LCP’s zoning. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. Coastal Development Permit Findings (LIP Chapter 13) CDP No. 23-040 would authorize a change in use from multi-family residential with nine units to a commercial visitor-serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-1 zone are authorized by this CDP.

1. The proposed project has been reviewed for conformance with the LCP by the Planning Division and the Environmental Health Department. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

2. The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. LIP Section 12.10 states the City may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower cost overnight visitor accommodations, such as a campground, Recreational Resolution No 26-48

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Vehicle park, hostel, or lower cost hotel or motel rooms. The LIP requires the applicant to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu. The applicant provided a Room Rate Analysis which analyzed the average nightly room cost of the six existing hotels/motels within the City of Malibu by sourcing the rates of each room on the same dates in January 2025 and July 2025 using both weekday and weekend rates. The analysis established the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate of 120% and per the definition of “luxury overnight accommodations”, a nightly rate must be a minimum of $740 to fall into such category. The applicant states that the proposed motel on the subject property will have an average nightly room rate of $415 which is well below the 120% median. Therefore, the proposed motel does not qualify as a luxury overnight accommodation, and the requirements of LIP Section 12.10 do not apply. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976.

3. The proposed project consists of a change of use from multi-family residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

B. Conditional Use Permit Findings (MMC Chapter 17.66)
CUP No. 21-008 would permit the conversion of the existing multi-family residential use with nine units to a commercial visitor-serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-1 zone are authorized by this CUP.

1. Per MMC Section 17.26.030.C, a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing nonconforming residential units that are primarily being used as nightly Short-Term Rentals (STRs), to a conforming visitorserving motel. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Division and City Environmental Health Administrator. The proposed project complies with all applicable provisions of the MMC and LCP including in LIP Chapter 3 (Zoning) and other relevant sections of the LIP including LIP Section 12.10 (Public Access) and LIP Chapter 18 (OWTS).

2. The proposed motel use is compatible with the uses in the vicinity of the subject property, including retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55. The CUP request will bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to be affordable visitorserving overnight accommodations.

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3. The subject property is a beachfront property located along PCH with nearby restaurants, retail, motels, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities that serve the subject property are located within the PCH right-of-way. The site is physically suitable for the proposed use as it contains the required amount of parking.

4. The property’s surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. Further west of the property are Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

5. As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitorserving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of-town visitors alike. Therefore, the proposed motel use is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

6. The existing multi-family structures contain adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would not constitute an intensification on the site and in no way be detrimental to public health and safety.

7. Access to the subject property is from PCH. The public, as well as emergency vehicles would enter and exit via existing curb cuts for the entrance and exit along PCH. Therefore, there are adequate provisions for public access to serve the subject parcel.

8. The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan.

The General Plan defines the CV-1 zone as providing visitor serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

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LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhanced and upgrade the environment of the commercial areas.

LU Policy 6.1.1: The City shall use development standards and procedures that protect the property owners’ reasonable use of their land consistent with the goals and policies of this General Plan.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations. The motel would contribute to the visitor-serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

9. Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on the submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

10. The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use. Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare.

11. The proposed project does not involve any further development of the property.

Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

SECTION 5. City Council Action.

Based on the foregoing findings and evidence contained within the record, the City Council hereby approves CDP No. 23-040 and CUP No. 21-008, subject to the following conditions in Section 6.

SECTION 6. Conditions of Approval.

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

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2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Change of use from an existing multi-family residential use with nine units to a commercial visitor-serving motel (as defined in LIP §2.1) with nine guest rooms and an ancillary motel manager’s office.
b. No development is approved.
c. No onsite food or alcohol service is approved.

3. Except as specifically changed by conditions of approval, the authorized use must be operated in substantial conformance with the approved scope of work.

4. The operation of the authorized use shall comply with all conditions of approval stipulated in this Resolution.

5. This permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes, and returns the Acceptance of Conditions Affidavit for Recordation accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Division within 30 days of this decision or prior to issuance of any subsequent permits from the City.

6. The applicant shall digitally submit a complete set of plans to the Planning Division for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Community Development Director upon written request of such interpretation.

8. All development shall conform to the requirements of the City of Malibu Environmental Sustainability Division and City Environmental Health Administrator as applicable.

Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the conditions of approval may be approved by the Community Development Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code.

10. The property owner must submit payment for all outstanding fees payable to the City prior to commencement of the conditionally permitted use.

Site-Specific Conditions

11. The property owner / operator shall adhere to a “good neighbor” policy, meaning that the operator and employees must respect the rights of neighboring properties and, to the best of their ability, shall ensure their patrons’ compliance with the City’s noise and smoking regulations and all conditions of approval for the subject use relating to parking, smoking, litter, noise, loitering, etc.

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12. Noise emanating from the premises shall not be plainly audible at a distance of five feet of any residential unit between the hours of 10:00 PM and 7:00 AM, as required by MMC Section 8.24.050(L).

13. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Division prior to installation of any new sign or modification of existing signage.

14. Unless exterior lighting is approved by the City, no exterior lighting is permitted under this permit.

15. Should the commercial structure fronting PCH not operate as an ancillary motel manager’s office, an amendment to this CUP shall be required for any proposed change of use.

16. The Community Development Department shall inspect the Property (as needed) to verify compliance with the conditions of approval.

17. The CUP may be reviewed by the Community Development Director (or designee) and/or Planning Commission on an as-needed basis at the discretion of the Community Development Director (or designee) or Planning Commission. Should it be determined that a review is required, the Property Owners shall pay the Planning Division site inspection fee in effect at the time of request for a site inspection. A planner will conduct a site visit to verify compliance with the provisions set forth in this resolution. If necessary, the Community Development Director (or designee) will determine whether the CUP may be brought back to the Planning Commission for additional conditions to mitigate and/or prevent nuisances that were identified during the site inspection or made aware of by members of the public. Possible mitigation measures can include:
a. Modifying the hours of operation;
b. Incorporate noise mitigating measures / devices;
c. Traffic safety measures;
d. Land use intensification or reconfiguration of any shared parking (if applicable) that would result in a parking demand greater than approved under this CUP; or e. Other measures deemed necessary by the Planning Commission.

18. The applicant and/or property owner shall produce an annual motel room rate report submitted to the Planning Division, to the satisfaction of the Community Development Director, during the first quarter of each year. If the motel room rates rise above the stated luxury overnight accommodation threshold within LIP 12.10, the CUP shall be reevaluated by the Planning Commission at a public hearing.

19. The property owner and operator shall not use the parking lot for any use other than the uses and activities explicitly permitted for the subject parcel or as permitted by a temporary use permit or filming permit. In the event the required parking is not provided onsite, the property owner shall provide a parking plan to the satisfaction of the Community Development Director that all offsite parking has been secured. All parking for staff shall be provided onsite no matter what is occurring on the property.

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20. The applicant/owner is required to submit to the Building Safety Division for the change of occupancy in the motel structures and adhere to any associated Building Code requirements related to the parking lot for the motel use approved under APR No. 22-017.

Fixed Conditions

21. The conditions under which this CUP was approved may be modified by the City without the consent of the property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.

22. A CUP that is valid and in effect, and was granted pursuant to the provisions of the MMC, shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.

23. Violation of any of the conditions of approval shall be cause for revocation of the CUP and termination of all rights contained therein.

24. This CUP shall become subject to revocation should the use for which the conditional use permit was granted cease for six successive calendar months after the start of operations, except in the case of natural disaster.

25. If it has cause to believe that grounds for modification or revocation may exist, the Planning Commission shall hold a public hearing upon the question of modification or revocation of this conditional use permit pursuant to MMC Section 17.66.100(C). The CUP may be revoked if the Planning Commission finds that one or more of the following conditions exists:
a. The CUP was obtained in a fraudulent manner.
b. The use for which the CUP was granted has ceased or was suspended for at least six successive calendar months, absent a natural disaster. c. One or more of the conditions found within this resolution have not been substantially met.

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

PASSED, APPROVED AND ADOPTED this 22nd day of July 2026.

BRUCE SILVERSTEIN, Mayor
ATTEST:
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KELSEY PETTIJOHN, City Clerk
(seal)
Resolution No 26-48

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APPROVED AS TO FORM:
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TREVOR RUSIN, Interim City Attorney
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

COASTAL COMMISSION APPEAL – An aggrieved person may appeal the City Council’s approval of the Coastal Development Permit to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling (805) 585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

Exhibit B

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MALIBU DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING COASTAL DEVELOPMENT PERMIT NO. 23—040 AND CONDITIONAL USE PERMIT NO. 21-008 FOR A CHANGE OF USE FROM EXISTING NON-CONFORMING MULTI-FAMILY RESIDENTIAL USE TO A CONFORMING, COMMERCIAL VISITOR-SERVING MOTEL USE AND THE UTILIZATION OF THE EXISTING, VACANT COMMERCIAL STRUCTURE AS AN ANCILLARY MOTEL MANAGER’S OFFICE ON A PROPERTY LOCATED IN THE COMMERCIAL VISITOR SERVING-ONE ZONING DISTRICT LOCATED AT 22800 PACIFIC COAST HIGHWAY (CARBON INVESTMENTS) Th6 Planning COmmission of the City of Malibu dOes hereby flnd, order and resolve as follows:

SECTION 1. Recitals.

A. On September l7, 2021, an application for Conditional Use Permit (CUP) No. 21— 008 was submitted to the Planning Division by the applicant, Pacific Coast Management, LLC, on behalf of the property owners, Carbon Investmentsa for the change of use. The application was routed to the City Environmental Health Administrator for review. Coastal Development Permit (CDP) No. 23—040 was later added to the project because it includes a change in land use.

B. On October 27, 2021, Planning Division staff conducted a site visit to document the existing conditions.

C. On February l, 2023, the CUP application was deemed complete for processing.

D. On June 22, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500—foot radius of the subj ect property.

E. On July l7, 2023. the Planning Commission continued the public hearing on the subject application to the August 7, 2023 meeting of the Planning Commission.

F. On August 7, 2023, the Planning Commission continued the item to a date uncertain.

G. On July 10, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500—foot radius of the subject property. published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500—foot radius of the subject property.

H. On August 4, 2025, the Planning Commission continued the item to a date uncertain.

I. On November 6, 2025, a Notice of Planning Commission Public Hearing was Exhibit C
Resolution NO 25-62

J. On December 1, 2025, the Planning Commission held a duly noticed public hearing on the subject applicationa reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this proj ect is listed among the classes ofprojects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Section 15301(a) Existing Facilities. The Planning Commission has further determined that none of the six exceptions to the use ofa categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on the evidence contained within the record, including the agenda report for the project and the hearing on August 4, 2025, and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the Planning Commission makes the findings of fact below, and approves CDP No. 23- 040 and CUP No. 21-008 for the change of use from an existing, nonconforming multi—family residential use to a conforming, commercial visitor-serving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office on a property located in the Commercial Visitor Serving—1 (CV—1) zoning district located at 22800 Pacific Coast Highway (PCH).

The project is consistent with the LCP’s zoning. The proj ect, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. Coastal Development Permit Findings (LIP Chapter 13) CDP No. 23—040 would authorize a change in use from multi—family residential with nine units to a commercial visitor—serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-l zone are authorized by this CDP. l. The proposed project has been reviewed for conformance with the LCP by the Planning Division and the Environmental Health Department. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

2. The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. LIP Section 12.10 states the Citv may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower cost overnight visitor accommodations, such as a campground, Recreational Vehicle park, hostel, or lower cost hotel or motel rooms. The LIP requires the Resolution NO 25-62

applicant t0 provide lower cost overnight accommodations consisting of 15 percent of the number of luxurV overnight accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the Citv of Malibu. The applicant provided a Room Rate Analvsis which analvzed the average nightlv room cost of the six existing hotels/motels within the City of Malibu bv sourcing the rates of each room on the same dates in Januaiv 2025 and Julv 2025 using both weekdav and weekend rates. The analvsis established the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate of 120% and per the definition of “luxury overnight accommodations”, a nightlv rate must be a minimum of $740 to fall into such categorv. The applicant states that the proposed motel on the subiect property will have an average nightlv room rate of $415 which is well below the 120% median. Therefore, the proposed motel does not qualifv as a luxurv overnight accommodation and the requirements of LIP Section 12.10 do not apply. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976.

3. The proposed project consists of a change ofuse from multi-family residential to a motel. The proposed motel use is a conditionally permitted use in the CV—l zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

B. Conditional Use Permit Findings (MMC Chapter 17.66)
CUP No. 21-008 would permit the conversion of the existing multi-family residential use with nine units to a commercial visitor—serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-l zone are authorized by this CUP.

1. Per MMC Section 17.26.030.C, a motel is a conditionally permitted use in the CV— 1 zone. The requested CUP will enable the conversion ofthe existing nonconforming residential units that are primarily being used as nightly Short—Term Rentals (STRs), to a conforming visitorserving motel. The proposed proj ect has been reviewed for conformance with the MMC and LCP by the Planning Division and City Environmental Health Administrator. The proposed project complies with all applicable provisions of the MMC and LCP including in LIP Chapter 3 (Zoning) and other relevant sections ofthe LIP including LIP Section 12. 1 0 (Public Access) and LIP Chapter 18 (OWTS).

2. The proposed motel use is compatible with the uses in the vicinity of the subject property, including retail, restaurants, the Malibu Pier, as well as other motels. hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55. The CUP request will bring the use of the property into conformance with the Visitor-serving intent of the CV—l zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV—l zone and surrounding environment because the primary use of the property would continue to be affordable visitorserving overnight accommodations.

Resolution No 25—62

3. The subject property is a beachfront property located along PCH with nearby restaurants, retail, motels, and other commercial development, as well as multi—family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities that serve the subject property are located within the PCH right-of—way. The site is physically suitable for the proposed use as it contains the required amount 0f parking.

4. The property’s surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. Further west of the property are Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

5. As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-l zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitor— serving uses given the surrounding zoning districts. The intent of the CV-l zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of—town visitors alike. Therefore, the proposed motel use is compatible with the existing and future land uses within the CV-l zone and the surrounding area.

6. The existing multi—family structures contain adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would not constitute an intensification on the site and in no way be detrimental t0 public health and safety.

7. Access to the subject property is from PCH. The public, as well as emergency vehicles would enter and exit via existing curb cuts for the entrance and exit along PCH. Therefore, there are adequate provisions for public access to serve the subject parcel.

8. The request for a conditionally—permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan. The General Plan defines the CV—l zone as providing visitor serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

Resolution NO 25—62

LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhanced and upgrade the environment of the commercial areas.

LU Policv 6. l . l: The Citv shall use development standards and procedures that protect the property owners’ reasonable use of their land consistent with the goals and policies of this General Plan.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor—serving facilities at suitable locations. The motel would contribute to the visitor—serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

9. Motels are a conditionally permitted use in the CV-l zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on the submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

10. The conditionally—permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use. Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare. ll. The proposed project does not involve any further development of the property. Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-040 and CUP No. 21—008, subject to the following conditions.

SECTION 5. Conditions ofApproval.

Standard Canditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity ofany of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the Resolution NO 25~62

City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Change of use from an existing multi—family residential use with nine units to a commercial Visitor—serving motel (as defined in LIP §2.l) with nine guest rooms and an ancillary motel manager’s office. b. No development is approved.
c. No onsite food or alcohol service is approved.

Except as specifically changed by conditions of approval, the authorized use must be operated in substantial conformance with the approved scope of work.

The operation ofthe authorized use shall comply with all conditions of approval stipulated in this Resolution.

Pursuant to LIP Section 13.182, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes, and returns the Acceptance of Conditions Affidavit for Recordation accepting the conditions of approval set f01th herein. The applicant shall file this form with the Planning Division within 3O days ofthis decision or prior to issuance of any subsequent permits from the City.

The applicant shall digitally submit a complete set of plans to the Planning Division for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

Any questions of intent or interpretation of any condition of approval will be resolved by the Community Development Director upon written request of such interpretation.

All development shall conform to the requirements of the City of Malibu Environmental Sustainability Division and City Environmental Health Administrator as applicable.

Notwithstanding this review. all required permits shall be secured.

Minor changes to the conditions of approval may be approved by the Community Development Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code.

10. The property owner must submit payment for all outstanding fees payable to the City prior to commencement of the conditionally permitted use.

Site-Specific Conditions

11. The propeity owner / operator shall adhere to a “good neighbor” policy, meaning that the operator and employees must respect the rights of neighboring properties and. to the best of their ability, shall ensure their patrons” compliance with the City’s noise and smoking regulations and all conditions of approval for the subject use relating to parking, smoking. litter, noise, loitering, etc.

ReSOhltion NO 25—62

12. Noise emanating from the premises shall not be plainly audible at a distance of five feet of any residential unit between the hours of 10:00 p.111. and 7:00 a.1n., as required by MMC Section 8.24.050(L).
l3. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Division prior to installation of any new sign or modification of existing signage.

14. Unless exterior lighting is approved by the City, no exterior lighting is permitted under this permit.

15. Should the commercial structure fronting PCH not operate as an ancillary motel manager’s office” an amendment to this CUP shall be required for any proposed change of use. l6. The Community Development Department shall inspect the Property (as needed) to verify compliance with the conditions of approval.

17. The CUP may be reviewed by the Community Development Director (or designee) and/or Planning Commission on an as-needed basis at the discretion of the Community Development Director (or designee) or Planning Commission. Should it be determined that a review is required, the Property Owners shall pay the Planning Division site inspection fee in effect at the time ofrequest for a site inspection. A planner will conduct a site visit to verify compliance with the provisions set forth in this resolution. 1f necessary, the Community Development Director (or designee) will determine whether the CUP may be brought back to the Planning Commission for additional conditions to mitigate and/or prevent nuisances that were identified during the site inspection or made aware of by members of the public. Possible mitigation measures can include:
a. Modifying the hours of operation;
b Incorporate noise mitigating measures / devices;
c. Traffic safety measures;
d Land use intensification or reconfiguration of any shared parking (if applicable) that would result in a parking demand greater than approved under this CUP; or e. Other measures deemed necessary by the Planning Commission.

18. The applicant and/or property owner shall produce an annual motel room rate report submitted to the Planning Division. to the satisfaction of the Community Development Director, during the first quarter of each year. If the motel room rates rise above the stated luxury overnight accommodation threshold within LIP 12. 1 0, the CUP shall be reevaluated by the Plamiing Commission at a public hearing.

19. The property owner and operator shall not use the parking lot for any use other than the uses and activities explicitly permitted for the subj ect parcel or as permitted by a temporary use permit or filming permit. In the event the required parking is not provided onsite, the property owner shall provide a parking plan to the satisfaction of the Community Development Director that all offsite parking has been secured. All parking for staff shall be provided onsite no matter what is occurring on the property.

Resolution NO 25—62

20. The applicant/owner is required to submit t0 the Building Safety Division for the change of occupancy in the motel structures and adhere to any associated Building Code requirements related to the parking lot for the motel use approved under APR No. 22-017.

Fixed Conditions

21. The conditions under which this CUP was approved may be modified by the City without the consent ofthe property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.

22. A CUP that is valid and in effect, and was granted pursuant to the provisions of the MMCI shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.

23. Violation of any ofthe conditions of approval shall be cause for revocation of the CUP and termination of all rights contained therein.

24. This CUP shall become subject to revocation should the use for which the conditional use permit was granted cease for six successive calendar months after the stait ofoperations. except in the case of natural disaster.

If it has cause to believe that grounds for modification or revocation may exist, the Planning Commission shall hold a public hearing upon the question ofmodification or revocation of this conditional use permit pursuant to MMC Section 17.66.100(C). The CUP may be revoked if the Planning Commission finds that one or more of the following conditions ex1sts:

25. a. The CUP was obtained in a fraudulent manner.
b. The use for which the CUP was granted has ceased or was suspended for at least six successive calendar months. absent a natural disaster. c. One or more of the conditions found within this resolution have not been substantially met.

SECTION 6. The Planning Commission shall certify the adoption ofthis resolution.

PASSED, APPROVED AND ADOPTED this 15‘ day of December 2025.

ELIZABETH RIDDICK’, Planning Commission Chair
ATTEST:
xWéVKW
REBECCA EVANS, Recording Secretary
Resolution NO 25—62

LOCAL APPEAL Pursuant t0 Local Coastal Program Local Implementation Plan (LIP) Section 1320.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specifled by the City Council. Appeal forms may be found online at www.malibucityorg, in person at City Hall, or by calling (3 10) 456—2489, ext. 246.

COASTAL COMMISSION APPEAL — An aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days ofthe issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastalcagov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling (805) 585-1 800. Such an appeal must be filed with the Coastal Commission, not the City.

Any action challenging the final decision ofthe City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-62 was passed and adopted by the Planning Commission ofthe City of Malibu at the Regular meeting held on the 13‘ day ofDecember 2025 by the following vote:
%% .(W REBECCA EVANS, Recording Secretary
AYES: 4 Commissioners: Leonard, Kamins, Peak, Riddick NOES: 1 Commissioner: Mazza ABSTAIN: O
ABSENT: 0

Commission Agenda Report
To: Chair Peak and Members of the Planning Commission
Prepared by: Adam Pisarkiewicz, Contract Planner
Approved by: Richard Mollica, Planning Director
Date prepared: July 06, 2023 Meeting date: July 17, 2023 Subject: Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 – An application for the conversion of existing multi-family apartment buildings to a motel
Location:

APN:

Owner:
22800 Pacific Coast Highway, within the appealable
coastal zone
4452-004-032
Carbon Investments
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 23-35 (Attachment 1) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-040 and Conditional Use Permit (CUP) No. 21-008 for a change of use from existing, non-conforming multi-family residential to motel on a property located in the Commercial Visitor Serving-1 (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH) (Carbon Investments).

DISCUSSION: This agenda report provides a project overview, a summary of the surrounding land uses and project setting, a description of the proposed project, staff’s analysis of the proposed project’s consistency with Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC) provisions, and environmental review pursuant to CEQA. The analysis and findings contained herein demonstrate the proposed project is consistent with the LCP and MMC.

Project Overview
The project site is a developed parcel totaling approximately 0.3 acre in size, consisting of two multi-family buildings and one vacant commercial building. The project proposes the conversion of the existing two-story multi-family buildings to a motel use, which is a Planning Commission
Meeting
07-17-23
Item

5.C.

Exhibit D

conditionally permitted use in the CV-1 zone. The existing commercial building will remain vacant (Attachment 2 – Project Plans).

No new development is proposed with the subject application.

Background and Existing Approvals
According to the Los Angeles Tax Assessor’s Office, the structures on the site were originally constructed in 1955.

On December 12, 1986, the Los Angeles County Department of Regional Planning issued the last approved site plan for the subject property. The site plan contained the existing residential buildings with nine approved units, the existing commercial building, and a total of 14 parking spaces, 12 of which were required for the commercial and residential uses.

The subject property contains unpermitted alterations to the last approved site plan including landscaping and changes to the parking layout and circulation.

The commercial structure was previously occupied by a restaurant (La Salsa) but has remained vacant for a number of years. Six of the existing residential units are permitted Short-Term Rentals (STRs), in conformance with Chapter 17.55, and the remaining three are used as long term rentals.

On May 9, 2023, the Planning Department approved Administrative Plan Review (APR) No. 22-017 to address unpermitted landscape installation and reconfigured parking. The approved site plan allowed the site to revert to the configuration last approved in 1986.

APR No. 22-017 resolved unpermitted site modifications that occurred over the years since 1986. APR No. 22-017 permitted the site to be restored to its previously approved parking configuration and the removal of the unpermitted landscaping, which will result in 13 parking spaces and one Americans with Disabilities Act (ADA) compliant space. MMC Section 17.48.030 requires one parking space for each keyed room plus one additional space for use by management or maintenance personnel, resulting in a total of 10 required parking spaces.

In conjunction with APR No. 22-017, an outdoor lighting application was submitted to the City for new outdoor lighting fixtures, per the requirements of MMC Chapter 17.41 (Dark Sky Ordinance). On January 26, 2023, the Planning Department approved Outdoor Lighting Review (OLR) No. 22-011 to bring existing exterior lighting into compliance with the City’s Dark Sky Ordinance.

Surrounding Land Uses and Project Setting
As shown in Figure 1, the subject property is located on the seaward side of PCH between Sweetwater Canyon Drive and Carbon Beach Terrace. The site was first developed in

1955. The site has operated as a mixed-use development since it was originally developed.

Figure 1: Aerial Map
Source: City GIS
Table 1 below provides a list of the immediately adjacent land uses. The property is bordered by PCH to the north and the Pacific Ocean to the south. The property to the east is zoned Community Commercial (CC) and also contains a mix of multi-family and commercial uses. The property to the west is zoned Multiple Family Residential (MF) and contains multi-family residential development zoning districts. On the north side of PCH is a corridor of commercial development located in the CC zoning designation.

Table 1 – Surrounding Land Uses
Direction Address Lot Size Zoning Land Use
North 22775 PCH 0.25 acre CC Commercial
South N/A – Pacific Ocean N/A N/A N/A
West 22806 PCH 0.21 acre MF Multi-Family Residence
East 22772 PCH 0.29 acre CC Commercial and Multi-Family Residential Table 2 provides a summary of the lot dimensions and lot area of the subject parcel.

Table 2 – Total Property Data
Lot Depth 186 feet
Lot Width 68.5 feet
Gross Lot Area 11,725 square feet
Net Lot Area 9,025 square feet
*Net Lot Area = Gross Lot Area minus the area of access easements and 1 to 1 slopes.

Subject
Property
Existing, Vacant
Commercial
Building
Existing
Multi-Family
Buildings

Project Description
The project proposes a change of use of the existing non-conforming multi-family buildings, currently being used for both STRs less than 30 days and long term rentals, to a motel use which is a conditionally permitted use in the CV-1 zoning district. The CUP request does not include any structural alterations, construction, additions, or demolition to the subject property. The two buildings contain a total of nine residential units, each of which is proposed to be converted into motel rooms. The motel’s management, maintenance, and housekeeping services will be provided by the contracted third-party providers that are currently servicing the existing STR use of the residential units, rented for periods of 30 days or less.

The application does not propose the use of or any modifications to the vacant single-story commercial building located on the northern portion of the lot adjacent to PCH.

Nonconformities
Converting the existing parking configuration and circulation of the site back to its approved 1986 site plan configuration results in non-conformities regarding parking space dimensions and turning radius width per MMC Chapter 17.48 (Off-Street Parking and Loading Requirements). However, it reverts the parking lot back to its last approved site plan. The unpermitted modifications resulted in fewer parking spaces and narrower aisle widths. The reconfigurated site plan brought the site closer into compliance with current parking regulations.

The existing structures and site improvements were legally created and therefore, can be continuously maintained as dictated in MMC Chapter 17.60 (Nonconforming Structures and Uses).

LCP Analysis
The Malibu LCP consists of the Land Use Plan (LUP) and the LIP. The LUP contains programs and policies to implement the Coastal Act in Malibu. The LIP contains provisions to carry out the policies of the LUP to which every project requiring a CDP must adhere.

There are 14 LIP chapters that potentially apply depending on the nature and location of the proposed project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality, and 5) OWTS. These chapters do not required findings. The proposed project does not result in any changes to the analysis provided in the original report as it pertains to all these LIP chapters, except for Zoning. The proposed project’s consistency with the Zoning provisions is discussed in the LIP Conformance Analysis section below.

The nine remaining LIP chapters contain required findings: 1) Coastal Development Permit; 2) ESHA; 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource

Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division. The discussion below has been limited to those LIP chapters and conformance issues potentially affected by the proposed project. CDP findings are made below.

LIP Conformance Analysis
The Planning Department and the Environmental Health Department have reviewed the proposed project for conformance with the LCP (Attachment 3). The proposed project is in conformance with all applicable LCP codes, standards, goals, and policies.

Zoning (LIP Chapter 3)
The proposed project is subject to the zoning standards set forth under LIP Section 3.3.

The proposed project meets those standards and has been determined to be consistent with all LCP codes, standards, goals, and policies with the inclusion of the discretionary request.

Grading (LIP Chapter 8)
LIP Section 8.3 ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of non-exempt grading to a maximum of 1,000 cubic yards for a residental parcel. The proposed project does not include grading; therefore, the provisions of LIP Section 8.3 do not apply.

Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures are followed to determine potential impacts on archaeological resources. The proposed project does not include geologic testing or construction; therefore, the provisions of LIP Chapter 11 do not apply.

Water Quality (LIP Chapter 17)
LIP Chapter 17 contains requirements for water quality protection and requirements of the State Water Resources Control Board (SWRCB). The subject property is located outside of the designated Area of Special Biological Significance (ASBS) between Latigo Point and the west City limits as established by the SWRCB as part of the California Ocean Plan. In addition, the proposed project does not include construction activities; therefore, the provisions of Chapter 17 do not apply.

Wastewater Treatment System Standards (LIP Chapter 18)
LIP Chapter 18 addresses the siting, design, and performance requirements of onsite wastewater treatment systems (OWTS). The proposed project does not include a new

OWTS nor does it include new or additional drainage fixtures; therefore, the provisions of LIP Chapter 18 do not apply.

LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
LIP Section 13.9 requires that the following four findings be made for all coastal development permits. As discussed above, the proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets the required beachfront residential development standards.

Finding 1. The project as described in the application and accompanying materials, as modified by any conditions of approval, conforms to the certified City of Malibu Local Coastal Program.

The Planning Department and Environmental Health Department reviewed the proposed project for conformance with the LCP. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

Finding 2. If the project is located between the first public road and the sea, the project conforms to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Section 30200 of the Public Resources Code).

The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).

Finding 3. The project is the least environmentally damaging alternative.

This analysis assesses whether alternatives to the proposed project would significantly lessen adverse impacts to coastal resources.

1. No Project – The ‘no project’ alternative would maintain the existing multi-family units, a use which is nonconforming in the CV-1 zone, and would continue the use of the units as both STRs and long-term rentals.

2. Proposed Project – The proposed project consists of a change of use from multifamily residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

Finding 4. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the LIP (ESHA Overlay), that the project conforms to the recommendations of the Environmental Review Board, or it does not conform to the recommendations, findings are included which explain why it is not feasible to take the recommended action.

The subject parcel is not located in an ESHA or ESHA buffer as depicted on the LCP ESHA and Marine Resources Map. Therefore, Environmental Review Board review was not required, and this finding does not apply.

B. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) The subject property is not in a designated ESHA, or ESHA buffer, as shown on the LCP ESHA and Marine Resources Map. Therefore, the findings of LIP Section 4.7.6 are not applicable.

C. Native Tree Protection (LIP Chapter 5)
There are no native trees on or adjacent to the subject parcel. Therefore, the findings of LIP Chapter 5 are not applicable.

D. Scenic, Visual, and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual, and Hillside Resource Protection chapter governs those coastal development permit applications concerning any lot that is located along, within, provides views to or is visible from any scenic area, scenic road or public viewing area. The subject property abuts PCH and the existing structures are visible from PCH, an LCP-designated scenic highway. However, the proposed project does not include any new construction and therefore, does not have the potential to create adverse impacts on scenic resources.

Therefore, the findings in LIP Chapter 6 do not apply.

E. Transfer of Development Credit (LIP Chapter 7)
The proposed project does not include a land division or multi-family development.

Therefore, the findings of LIP Chapter 7 are not applicable.

F. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon site stability or structural integrity. The proposed project does not include any new construction and therefore, does not have the potential

to create adverse impacts upon site stability or structural integrity. As a result, the findings in LIP Section 9.3 are not applicable.

G. Shoreline and Bluff Development (LIP Chapter 10)
The Shoreline and Bluff Development Chapter governs those coastal development permit applications that include development on a parcel located along the shoreline as defined by the LCP. The required findings and analysis must be made for development located on a site along the shoreline or a coastal bluff where it is determined that the proposed project causes the potential to create adverse impacts upon said resources. The project site is a beachfront property on the south side of PCH but the proposed project does not include any modification to the existing structures or new structures. No construction is proposed.

As a result, the findings in LIP Section 10.3 are not applicable.

H. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the Land Use Plan or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

The project is new development between the nearest public roadway and the sea, but does not result in blockage of any existing public access. Public access to the ocean exists nearby at an existing access path approximately 850 feet to the east of the subject property and an existing access path to the beach adjacent to Malibu Pier is approximately 0.2 miles to the west of the subject property. The proposed project will not impede existing public access along the beach and therefore the requirement for public access in LIP Section 12.4 does not apply and further findings are not required.

I. Land Division (LIP Chapter 15)
The project does not include a land division. Therefore, the findings of LIP Chapter 15 are not applicable.

MMC Findings
Conditional Use Permit Findings for New Motel Use (MMC Section 17.66.080) The proposed CUP will allow for the existing, non-conforming nine-unit multi-family residential use to convert to a motel, which is a conditionally permitted use in the CV-1 zoning district. The Planning Commission may approve, deny, and/or modify a CUP in whole or in part, with or without conditions, provided that it makes all of the findings of fact required by MMC Section 17.66.080. All of the CUP findings are provided below.

Finding 1. The proposed use is conditionally permitted within the subject zone and complies with the intent of all of the applicable provisions of the Malibu Municipal Code Title 17 (Zoning).

Pursuant to MMC Section 17.26.030(C), a motel is a conditionally permitted use in the CV-1 zone. The requested CUP will enable the conversion of the existing, legal nonconforming residential units that are primarily being used as permitted STRs to a visitor-serving motel. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Department and the City Environmental Health Administrator. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as conditioned, complies with all applicable provisions of the MMC and the LCP .

Finding 2. The proposed use would not impair the integrity and character of the zone in which it is to be located.

The proposed motel use is compatible with the uses in the vicinity of the subject property, which include retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55 (Short-Term Rental of Property). The CUP request would bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to provide visitor-serving overnight accommodations.

Finding 3. The subject site is physically suitable for the type of land use being proposed.

The subject property is a beachfront property located along PCH and the surrounding development is comprised of restaurants, motels, retail, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities are located within the PCH right-of-way which serve the subject property. The site is physically suitable for the proposed use as it contains the required amount of parking.

Finding 4. The proposed use is compatible with the land uses, if any, presently on the subject property and in the surrounding neighborhood.

The property's surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. West of the property is the Malibu Pier and Surfrider Beach which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

Finding 5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitor-serving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and outof-town visitors alike. Therefore, the proposed motel is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

Finding 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety and the project does not affect solar access or adversely impact existing public and private views, as defined by staff.

The existing multi-family development contains adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would in no way be detrimental to public health and safety.

Finding 7. There would be adequate provisions for public access to serve the subject parcel.

Access to the subject property is from PCH. The public, as well as emergency vehicles, would enter and exit the site via existing curb cuts for the entrance and exit along PCH.

Therefore, there are adequate provisions for public access to serve the subject parcel.

Finding 8. The proposed use is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan
The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan. The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations [LU Goal 3: LU

Objective 3.2]. The motel would contribute to the visitor-serving areas for use by tourists.

The property will not be physically altered by the conditionally-permitted motel use.

Therefore the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

Finding 9. The proposed project complies with all applicable requirements of state and local law.

Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Department and the City Environmental Health Administrator.

As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

Finding 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare.

The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier, and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use.

Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience, or welfare.

Finding 11. If the project is located in an area determined by the City to be at risk from earth movement, flooding or liquefaction, there is clear and compelling evidence that the proposed development is not at risk from these hazards.

The proposed project does not involve any further development of the property. Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Director has analyzed the proposed project. The Planning Director found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the proposed project is categorically exempt from the provisions of CEQA pursuant to Sections 15301(a) – Existing Facilities. The Planning Director has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

CORRESPONDENCE: To date, staff has not received correspondence regarding the subject application.

PUBLIC NOTICE: On June 22, 2023, staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 500-foot radius of the subject property (Attachment 4).

SUMMARY: The required findings can be made that the proposed project complies with the LCP and MMC. Further, the Planning Department’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommends approval of this project, subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 23-35. The proposed project has been reviewed and conditionally approved for conformance with the LCP by Planning Department staff and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 23-35

2. Site Plan (APR No. 22-017)

3. Department Review Sheet

4. Public Hearing Notice

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 23-35

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU, DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-040 AND
CONDITIONAL USE PERMIT NO. 21-008 FOR A CHANGE OF USE FROM

EXISTING NON-CONFORMING MULTI-FAMILY RESIDENTIAL TO

MOTEL ON A PROPERTY LOCATED IN THE COMMERCIAL VISITOR
SERVING-1 ZONING DISTRICT LOCATED AT 22800 PACIFIC COAST

HIGHWAY (CARBON INVESTMENTS)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On September 17, 2021, an application for Conditional Use Permit (CUP) No. 21- 008 was submitted to the Planning Department by the applicant, Pacific Coast Management, LLC, on behalf of the property owners, Carbon Investments, for the change of use. The application was routed to the City Environmental Health Administrator for review. Coastal Development Permit (CDP) No. 23-040 was later added to the project because it includes a change in land use.

B. On October 27, 2021, Planning Department staff conducted a site visit to document the existing conditions.

C. On February 1, 2023, the CUP application was deemed complete for processing.

D. On June 22, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

E. On July 17, 2023, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Sections 15301(a) – Existing Facilities. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on the evidence contained within the record, including the agenda report for the project and the hearing on July 17, 2023, and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the ATTACHMENT 1
Resolution No 23-35

______________________
Planning Commission makes the findings of fact below, and approves CDP No. 23-040 and CUP No. 21-008 for the change of use from an existing, nonforming multi-family use to motel on a property located in the Commercial Visitor Serving-1 (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH).

The project is consistent with the LCP’s zoning. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. Coastal Development Permit Findings (LIP Chapter 13)

1. The proposed project has been reviewed for conformance with the LCP by the Planning Department and the Environmental Health Department. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

2. The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976.

3. The proposed project consists of a change of use from multi-family residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

B. Conditional Use Permit Findings (MMC Chapter 17.66)

1. Per MMC Section 17.26.030.C, a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing nonconforming residential units that are primarily being used as nightly Short-Term Rentals (STRs), to a conforming visitorserving motel. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Department and City Environmental Health Administrator. The proposed project complies with all applicable provisions of the MMC and LCP.

2. The proposed motel use is compatible with the uses in the vicinity of the subject property, including retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55. The CUP request will bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to be affordable visitorserving overnight accommodations.

3. The subject property is a beachfront property located along PCH with nearby restaurants, retail, motels, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the Resolution No 23-35

______________________
surrounding development. Existing utilities are located within the PCH right-of-way that serve the subject property. The site is physically suitable for the proposed use as it contains the required amount of parking.

4. The property’s surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. West of the property is Malibu Pier and Surfrider Beach which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

5. As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitorserving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of-town visitors alike. Therefore, the proposed motel use is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

6. The existing multi-family structures contain adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would in no way be detrimental to public health and safety.

7. Access to the subject property is from PCH. The public, as well as emergency vehicles would enter and exit via existing curb cuts for the entrance and exit along PCH. Therefore, there are adequate provisions for public access to serve the the subject parcel.

8. The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan.

The proposed visitor-serving motel use supports the General Plan’s objective to permit the development commercial visitor-serving facilities at suitable locations [LU Goal 3: LU Objective

3.2]. The motel will contribute to the visitor-serving area for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City’s natural and environmental resources.

9. Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Department and the City Environmental Health Administrator.

As discussed herein, based on the submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

10. The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier, and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use. Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience, or welfare.

Resolution No 23-35

______________________

11. The proposed project does not involve any further development of the property.

Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-040 and CUP No. 21-008, subject to the following conditions.

SECTION 5. Conditions of Approval.

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Change of use from an existing multi-family residential use to a motel.

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted on plans on file with the Planning Department date stamped October 6, 2022. The proposed development shall further comply with all conditions of approval stipulated in this Resolution and Department Review Sheets attached hereto. In the event project plans conflict with any condition of approval, the condition shall take precedence.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Department within 30 days of this decision or prior to issuance of building permits.

5. The applicant shall digitally submit a complete set of plans to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. The CUP shall expire if the project has not commenced within three (3) years after issuance of the permit. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request. In the Resolution No 23-35

______________________
event of an appeal, the CUP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

8. All development shall conform to requirements of the City of Malibu Environmental Sustainability Department and City Environmental Health Administrator as applicable.

Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code and the Local Coastal Program. Revised plans reflecting the minor changes and additional fees shall be required.

10. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

Site-Specific Conditions

11. The property owner / operator shall adhere to a “good neighbor” policy, meaning that the operator and employees must respect the rights of neighboring properties and, to the best of their ability, shall ensure their patrons’ compliance with the City’s noise and smoking regulations and all conditions of approval for the subject use relating to parking, smoking, litter, noise, loitering, etc.

12. Noise emanating from the premises shall not be plainly audible at a distance of five feet of any residential unit between the hours of 10:00 p.m. and 7:00 a.m., as required by MMC Section 8.24.050(L).

13. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Department prior to installation of any new sign.

14. No more than two employees can be at the site at any one shift.

15. No exterior lighting is permitted under the subject application.

Fixed Conditions

16. The conditions under which this conditional use permit was approved may be modified by the City without the consent of the property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.

17. A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of the MMC, shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.

Resolution No 23-35

______________________

18. Violation of any of the conditions of approval shall be cause for revocation of the conditional use permit and termination of all rights contained therein.

19. This conditional use permit shall become subject to revocation should the use for which the conditional use permit was granted cease for six successive calendar months after the start of operations, except in the case of natural disaster.

20. If it has cause to believe that grounds for modification or revocation may exist, the Planning Commission shall hold a public hearing upon the question of modification or revocation of this conditional use permit pursuant to MMC Section 17.66.100(C). The conditional use permit may be revoked if the Planning Commission finds that one or more of the following conditions exists:
a. The conditional use permit was obtained in a fraudulent manner. b. The use for which the conditional use permit was granted has ceased or was suspended for at least six successive calendar months.
c. One or more of the conditions found within this resolution have not been substantially met.

SECTION 6. The Planning Commission shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 17th day of July 2023.

SKYLER PEAK, Planning Commission Chair
ATTEST:

REBECCA EVANS, Recording Secretary
LOCAL APPEAL - Pursuant to Local Coastal Program Local Implementation Plan (LIP) Section

13.20.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 246.

COASTAL COMMISSION APPEAL – An aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling (805) 585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

Resolution No 23-35

______________________
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 23-35 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 17th day of July 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
REBECCA EVANS, Recording Secretary
EXISTING VACANT SINGLE STORY BUILDING #22800 NOT INCLUDED IN PROJECT APPLICATION EXISTING TWO STORY BUILDING #22802 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT) EXISTING TWO STORY BUILDING #22804 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT)

PARKING AREA EXISTING WOOD DECK (OPEN SPACE) SAND / BEACH AREA

PACIFIC COAST HIGHWAY

SIDEWALK
187'-0 1/2"
67'-1" 184'-6"
70'-0" EXISTING DRIVEWAY ENTRANCE EXISTING DRIVEWAY EXIT PEDESTRIAN ACCESS PATH FROM PARKING AREA EXISTING STATUE POST 5'-0" FIRE DEPT. ACCESS PATH EXISTING LANDSCAPED AREA 26'-0" 26'-0" 10'-0" 8'-6" 26'-0" 26'-0"
8'-6" 3'-0" 15'-0" 26'-0"
8'-9"
8'-9" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" NEW TRASH / RECYCLING LOCATION 9 EXISTING PARKING SPACES FOR RESIDENTIAL BUILDING NEW ACCESSIBLE PARKING N10 NEW UNALLOCATED PARKING N11 NEW UNALLOCATED PARKING N13 NEW UNALLOCATED PARKING N12 NEW UNALLOCATED PARKING N14 NEW TIRE STOPS (TYP.) 5'-0" FIRE DEPT. ACCESS PATH REMOVE EXISTING HEDGE 26'-0" REMOVE EXISTING PARKING STRIPING REMOVE EXISTING PARKING STRIPING 10'-6" EXISTING

DRIVEWAY
19'-0"

EXISTING DRIVEWAY
E1
E2
E3
E4
E5
E6
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0" N1 N2 N3 N4 N5 N6 N7 N8 N9 NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) 12'-0" NEW TIRE STOPS (TYP.)
10'-0" 52'-0" 10'-0" NEW PARKING STALL DIMENSIONS
EXISTING HEDGE 18'-0"
9'-0" 5'-0"
6'-0" 6'-0"RELOCATE (E) TRASH / RECYLE.
(E) TRASH / RECYLE. NEW PLANTER NEW PLANTER A-1.00 SITE PLAN DRAWING TITLE: DRAWING NUMBER: DATE ISSUE/REVISION 09-27-2022 PLANNING REVIEW 22802-22804 P.C.H. ARCHITECT HERBER DESIGN JASON HERBER C35679 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 CAPITOLINE DESIGN INC. D.B.A. 22802-22804 PACIFIC COAST HWY. MALIBU, CA 90265 STRUCTURAL ENGINEER -- APN # 4452-004-032 SITE PLAN 1 SCALE 1/8" = 1'-0" AREA CALCULATIONS N LAND AREA (GROSS): 11,725 SQ. FT. LAND AREA (NET): 9,025 SQ. FT. SITE COVERAGE UNALLOCATED BUILDING: 598 SQ. FT. RESIDENTIAL BUILDING: 2,100 SQ. FT. COVERAGE: 23% LANDSCAPED AREAS PLANTERS: 356 SQ. FT. PAVED PEDESTRIAN AREAS: 320 SQ. FT. TOTAL: 676 SQ. FT. PARKING SUMMARY RESIDENTIAL: 9 SPACES ACCESSIBLE SPACE: 1 SPACE UNALLOCATED: 4 SPACES TOTAL PARKING PROVIDED: 14 SPACES PARKING DIAGRAM KEY NEW PARKING N1, N2, N3, N4, N5, N6, N7, N8, N9 N10, N11, N12, N13, N14 STRIPING EXISTING PARKING E1,E2,E3,E4,E5,E6 STRIPING NEW LANDSCAPING KEY DWARF NON-FRUITING OLIVE TREE (36 TOTAL) ATTACHMENT 2

ENVIRONMENTAL HEALTH REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-3356 www.malibucity.org
FROM:

TO: City of Malibu Environmental Health Administrator
City of Malibu Planning Department DATE: 9/15/2021
APPLICANT / CONTACT: Val Zingaro, Pacific Coast Management, LLC APPLICANT ADDRESS: PO BOX 25070
APPLICANT PHONE #: (718)483-1995
APPLICANT FAX #:

PROJECT DESCRIPTION: Convert apartments to Motel
Ventura, CA 93002
PROJECT NUMBER: CUP 21-008
JOB ADDRESS: 22800 PACIFIC COAST HWY
APPLICANT EMAIL: [email protected]
TO: Malibu Planning Department and/or Applicant
FROM: City of Malibu Environmental Health Reviewer
Conformance Review Complete for project submittals reviewed with respect to the City of Malibu Local Coastal Plan/Local Implementation Plan (LCP/LIP) and Malibu Municipal Code (MMC). The Conditions of Planning conformance review and plan check review comments listed on the attached review sheet(s) (or else handwritten below) shall be addressed prior to plan check approval.

Conformance Review Incomplete for the City of Malibu LCP/LIP and MMC. The Planning stage review comments listed on the City of Malibu Environmental Health review sheet(s) shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Signature Date
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether or not an onsite wastewater treatment system (OWTS) Plot Plan approval is required.

The Environmental Health Specialist may be contacted Tuesday and Thursday from 8:00 am to 11:00 am, or by calling (310) 456-2489, extension 364.

Rev 141008
October 7, 2021
ATTACHMENT 3
City of Malibu
Environmental Health ● Environmental Sustainability Department 23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-7650 ꞏ www.malibucity.org

T:\Project Review\Pacific Coast Hwy\22800 PCH (Apartments)\CUP 21-008\211007_22800 PCH (Apartments)_CUP 21-008_EH conf ltr_CRC.docx Recycled Paper

ENVIRONMENTAL HEALTH REVIEW SHEET

PROJECT INFORMATION
Applicant:
(name and email
address)
Val Zingaro, Pacific Coast Management
[email protected]
Project Address: 22800 Pacific Coast Highway (Apartments) Malibu, California 90265
Planning Case No.: CUP 21-008
Project Description: Convert apartments to Motel
Date of Review: October 7, 2021
Reviewer: Matt Janousek Signature:

Contact Information: Phone: (310) 456-2489 ext. 307 Email: [email protected]

SUBMITTAL INFORMATION
Architectural Plans: LA Drafter: Plans dated 8-26-2013 (received 9-27-2021) Fixture Worksheet:

Operating Permit: Active; expires 1-15-2023
Miscellaneous: LA County: OWTS approval dated 5-21-1987 Previous Approval:

Previous Reviews:

REVIEW FINDINGS
Planning Stage: CONFORMANCE REVIEW COMPLETE for the City of Malibu Local Coastal Program (LCP)/Local Implementation Plan (LIP) and Malibu Municipal Code (MMC). The listed conditions of Planning stage conformance review and plan check review comments shall be addressed prior to plan check approval.

CONFORMANCE REVIEW INCOMPLETE for the City of Malibu LCP/LIP and MMC.

The listed Planning stage review comments shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Environmental Health conformance review has been completed for the development proposal described in the project description provided by the Planning Department and the project plans and reports submitted to this office. Please distribute this review sheet to all of the project consultants and, prior to final approval, provide a coordinated submittal addressing all conditions for final approval and plan check items.

The conditional conformance findings hereby transmitted complete the Planning stage Environmental Health review of the project. In order to obtain Environmental Health final approval of the project construction drawings (during Building Safety plan check), all conditions and plan check items listed below must be addressed through submittals to the Environmental Health office.

City of Malibu Environmental Health Review Sheet
CUP 21-008
22800 Pacific Coast Highway (Apartments)
October 7, 2021

T:\Project Review\Pacific Coast Hwy\22800 PCH (Apartments)\CUP 21-008\211007_22800 PCH (Apartments)_CUP 21-008_EH conf ltr_CRC.docx Recycled Paper Conditions of Planning Conformance Review for Building Plan Check Approval:
1) Building Plans: All final project plans shall be submitted for Environmental Health review and approval. These plans must be approved by the Building Safety Division prior to receiving Environmental Health final approval.

The final floor plans must show no more than 8 bedrooms and 94 drainage fixture units across the 8 units.
2) Remodel and OWTS Upgrade: Per Section 15.40.050 of the Malibu Municipal Code, any renovation (i.e., interior remodel) of the units will require upgrade to an advanced onsite wastewater treatment system. The applicant shall confirm in writing that no remodel is included in the current scope of work prior to Environmental Health Building Plan Check approval. Please submit existing and proposed floor plans, as appropriate.
3) Environmental Health Final Review Fee: A fee in accordance with the adopted fee schedule at the time of final approval shall be paid to the City of Malibu for Environmental Health Building Plan Check review.
-o0oIf you have any questions regarding the above requirements, please contact the Environmental Health office at your earliest convenience.
cc: Environmental Health file
Planning Department
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ The Malibu Planning Commission will hold a public hearing on Monday, July 17, 2023, at 6:30 p.m. for the project identified below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference in order to reduce the risk of spreading COVID-19 and pursuant to AB 361.

COASTAL DEVELOPMENT PERMIT NO. 23-040 AND CONDITIONAL USE PERMIT NO. 21-008- An application for a change of use from an existing, multi-family structure to a conforming, visitor-serving motel use.

LOCATION / APN / ZONING: 22800 Pacific Coast Hwy / 4452-004-032 / Commercial Visitor-Serving-One (CV-1) APPLICANT / OWNER: Pacific Coast Management, LLC / Carbon Investments, LP APPEALABLE TO: City Council and California Coastal Commission ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Section 15301(a) APPLICATION FILED: September 17, 2021
CASE PLANNER: Adam Pisarkiewicz, Contract Planner, [email protected] (949) 489-1442
For the project identified above with a categorical exemption for environmental review, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Director has analyzed the proposed project and found that it is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA. The Planning Director has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

A written staff report will be available at or before the hearing for the project, typically 10 days before the hearing in the Agenda Center:
http://www.malibucity.org/agendacenter. Related documents are available for review at City Hall or by contacting the Case Planner.

LOCAL APPEAL– A decision of the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within ten days following the date of action (15 days for tentative maps) for which the appeal is made and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org/planningforms or in person at City Hall, or by calling (310) 456- 2489, extension 246.

COASTAL COMMISSION APPEAL– For projects appealable to the Coastal Commission, an aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling 805-585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

RICHARD MOLLICA, Planning Director Date: June 22, 2023
ATTACHMENT 4
22800 Pacific Coast Highway
Coastal Development Permit No. 23-040
Conditional Use Permit No. 21-008
July 17, 2023
Planning Commission Meeting
Item No. 5.C.

Vicinity Map
Aerial Map
Current Site Conditions
Proposed Project
• Conversion of existing multi-family apartment buildings to a motel use.

Project Info
• Property located in Commercial Visitor Serving-1 (CV-1) Zone. • Motels are permitted by CUP in the CV-1 Zone.
• Parking Requirement:
• Required: One space for each keyed room, plus one space for the average, per-shift number of employees.
• Provided: 14 spaces for 9 rooms, plus one for cleaning staff. • No proposed construction.

Site Plan (Previously Approved APR)
Additional Condition
Condition #21:
“The applicant / property owner shall pay the required new luxury overnight visitor accommodations in lieu fee to the City. The amount of the in lieu fee shall be $10,419 per required unit of lower cost overnight accommodations, plus an additional amount for inflation from January 2000 to the date of approval of the coastal development permit. The coastal development permit does not become effective until the applicant / property owner submits full payment of the new luxury overnight visitor accommodation in lieu fee to the City and the City processes the payment.”
Recommendation
Staff recommends the Planning Commission finds that the proposed project is consistent with CEQA and approves the proposed project as conditioned.
22800 Pacific Coast Highway
Coastal Development Permit No. 23-040
Conditional Use Permit No. 21-008
July 17, 2023
Planning Commission Meeting
Item No. 5.C.
1 Planning Commission
From: Tracy Lovric <[email protected]>
Sent: Monday, July 17, 2023 4:59 PM
To: Planning Commission
Cc: Elena Eger; [email protected]; Hudson, Steve@Coastal; Christensen, Deanna@Coastal; Gonzalez, Denise@Coastal
Subject: MRCA Public Comment July 17, 2023 Item 5C
Attachments: 2023-07-17 MRCA-PC.Item5C.Final.pdf
Attached please find MRCA’s public comment on the Planning Commission July 17, 2023 Agenda Item 5C Thank you.

Sincerely,
Tracy Lovric, JD
Project Analyst III
Mountains Recreation & Conservation Authority
213.605.2123
https://mrca.ca.gov/coastal-access/
MOUNTAINS RECREATION & CONSERVATION AUTHORITY King Gillette Ranch 26800 Mulholland Highway
Calabasas, California 91302
PHONE (818) 878-0886
A local public agency exercising joint powers of the Santa Monica Mountains Conservancy, the Conejo Recreation & Park District, and the Rancho Simi Recreation & Park District pursuant to Section 6500 et seq. of the Government Code.

Via email to [email protected]
July 17, 2023
Chairperson Skylar Peak
Malibu Planning Commissioners
23825 Stuart Ranch Road
Malibu, California 90265
MRCA Comment Letter on Agenda Item 5C
Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21- 008, 22800 Pacific Coast Highway, 4452-004-032
Dear Chair Peak and Planning Commissioners,
The Mountains Recreation and Conservation Authority (MRCA) submits its public comments on the proposed development, a change of use from existing, non-conforming multi-family residential to motel on a property located in the Commercial Visitor Serving1 (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH), which is Item 5C on your July 17, 2023, agenda, as follows:

First, the proposed motel development is inconsistent with the City’s LUP for Luxury Overnight Visitor Serving Accommodations. Section 2.35 states that “New development of luxury overnight visitor serving accommodations shall be designed to provide for a component of lower cost overnight visitor accommodations (e.g., campground, RV park, hostel, or lower cost hotel/motel) . . .” The applicant shall be required to provide lowercost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved.” The payment of an in-lieu fee based on a 9-room luxury room motel into a fund to subsidize the construction of lower-cost overnight facilities per required unit plus inflation is drastically insufficient to realistically supplant the option to provide lower-cost visitor accommodations on-site or off-site in Malibu, one of the highest-priced California coastal real estate areas. The option to pay an in-lieu fee for the future subsidized development of affordable units in a city that has built none to date, while immediately permitting the creation of 9 luxury units in the same jurisdiction, does not meet the LCP objectives for new luxury coastal development to provide lowercost accommodations.

In its staff report, the City presents no evidence whether or not the proposed development motel rooms are luxury accommodations. Luxury overnight accommodation is defined in the City’s LIP section 12.10 as an overnight stay in a room which exceeds 120% of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

Chair Skylar Peak 2
MRCA Comment Letter Item 5C
July 17, 2023
Instead, the Staff summarily states in their report that the motel provides “visitor serving overnight accommodations”. Please provide additional information such as the costs of the room or the median costs of an overnight room in the City of Malibu Therefore, due to the lack of facts and analysis, the City has not established that this project meets the requirements of the LCP and Chapter 3 of the Coastal Act with respect to coastal access. A crucial element of coastal access is affordable coastal accommodations and services. The beachfront motel development here, if categorized as luxury overnight accommodations, does not meet the Coastal Act as the motel development will serve only a small fraction of the population who can afford the proposed hotel development’s high-cost accommodations. The proposed motel development does not meet section 30212 of the Coastal Act to provide lower-cost visitor facilities when feasible.

Second, the City has not requested the applicant to provide either vertical or lateral access on this beachfront motel property. A lateral public access easement is appropriate here because this parcel is situated in a stretch of beach approximately 983 feet wide, where only two parcels contain lateral easements. (See, City of Malibu Local Coastal Program Public Access Map image below.) Additionally, there are no vertical public accessways near to this proposed motel. The closest public vertical accessway upcoast is the Malibu Pier accessway, approximately 1,196 feet away. The closest public vertical accessway downcoast is at 22706 PCH, approximately 868 feet away. (See also, City of Malibu Local Coastal Program Public Access Map image below.) The City claims the “public access at an existing access path about 850 feet to the east of the property and an existing access path to the beach adjacent to Malibu Pier approximately .2 miles to the west” constitutes the inapplicability of LIP 12.4’s requirement for public access on this property. MRCA contends the City’s calculated distances are inaccurate and regardless, are greater than the 500-foot ideal standard distance recommended by the Coastal Commission.

To find that the proposed coastal development is consistent with the Coastal Act, the MRCA requests that the Planning Commission require that the Applicant dedicate to the public a lateral easement and vertical easement as a condition of the approval of the development. Only then will this proposed development be consistent with the Coastal Act with respect to public access to the coast.

Sincerely,
Elena Eger
Coastal Projects Special Counsel
Chair Skylar Peak 3
MRCA Comment Letter Item 5C
July 17, 2023
Attachments: City of Malibu Local Coastal Program Public Access Map.

Close-up detail map.
cc: Barbara Carey, District Manager, South Central Coast and South Coast, Los Angeles County; Coastal Commission;
[email protected]
Steve Hudson, District Director, South Central Coast and South Coast, Los Angeles County; Coastal Commission;
[email protected]
Deanna Christensen, District Supervisor, South Central Coast and South Coast, Los Angeles County; Coastal Commission;
[email protected]
Denise Gonzalez, Coastal Program Analyst, South Central Coast and South Coast, Los Angeles County; Coastal Commission, [email protected]
Chair Skylar Peak 4
MRCA Comment Letter Item 5C
July 17, 2023
Malibu Local Coastal Program Public Access Map and close-up detail. Subject parcel is marked with red.

Commission Agenda Report
To: Chair Peak and Members of the Planning Commission
Prepared by: Adam Pisarkiewicz, Contract Planner
Approved by: Richard Mollica, Planning Director
Date prepared: .....July 27, 2023 Meeting date: August 7, 2023 Subject: Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 – An application for the conversion of existing multi-family apartment buildings to a motel (Continued from July 17, 2023) Location: 22800 Pacific Coast Highway, within the appealable coastal zone
APN: 4452-004-032
Owner: Carbon Investments
RECOMMENDED ACTION: Continue this item to a date uncertain.

Planning Commission
Meeting
08-07-23
Item

4.B.

Commission Agenda Report
To: Chair Leonard and Members of the Planning Commission Prepared by: Adam Pisarkiewicz, AICP, Contract Planner
Reviewed by: Raneika Brooks, AICP, Principal Planner
Approved by: Yolanda Bundy, MS, PE, CBO, CFCO, Community Development Director
Date prepared: July 24, 2025 Meeting date: August 4, 2025 Subject: Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 – An application for the conversion of existing multifamily apartment buildings to a motel Location: 22800 Pacific Coast Highway, within the appealable coastal zone
Owner: Carbon Investments
APN: 4452-004-032
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 25-62 (Attachment 1) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-040 and Conditional Use Permit (CUP) No. 21-008 for a change of use from existing, non-conforming multi-family residential to motel on a property located in the Commercial Visitor Serving-One (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH) (Carbon Investments).

DISCUSSION: This agenda report provides a project overview, a summary of the surrounding land uses and project setting, a description of the proposed project, staff’s analysis of the proposed project’s consistency with Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC) provisions, and environmental review pursuant to CEQA. The analysis and findings contained herein demonstrate the proposed project is consistent with the LCP and MMC.

Planning Commission
Meeting
08-04-25
Item

5.B.

Exhibit E

Project Overview
The project site is a developed parcel totaling approximately 0.3 acre in size, consisting of two multi-family buildings and one vacant commercial building. The project proposes the conversion of the existing two-story multi-family buildings to a motel use, which is a conditionally permitted use in the CV-1 zone. The existing commercial building will remain vacant (Attachment 2 – Project Plans).

No new development is proposed with the subject application.

Background and Existing Approvals
According to the Los Angeles Tax Assessor’s Office, the structures on the site were originally constructed in 1955.

On December 12, 1986, the Los Angeles County Department of Regional Planning issued the last approved site plan for the subject property. The site plan contained the existing residential buildings with nine approved units, the existing commercial building, and a total of 14 parking spaces, 12 of which were required for the commercial and residential uses.

The subject property contains unpermitted alterations to the last approved site plan including landscaping and changes to the parking layout and circulation.

The commercial structure was previously occupied by a restaurant (La Salsa) but has remained vacant for a number of years. All nine of the existing residential units are permitted Short-Term Rentals (STR), in conformance with MMC Chapter 17.55.

On May 9, 2023, the Planning Department approved Administrative Plan Review (APR) No. 22-017 to address unpermitted landscape installation and reconfigured parking. The approved site plan allowed the site to revert to the configuration last approved in 1986.

APR No. 22-017 resolved unpermitted site modifications that occurred over the years since 1986 and permitted the site to be restored to its previously approved parking configuration and the removal of the unpermitted landscaping, which will result in 13 parking spaces and one Americans with Disabilities Act (ADA) compliant space (Attachment 2). MMC Section 17.48.030 requires one parking space for each keyed room plus one additional space for use by management or maintenance personnel, resulting in a total of 10 required parking spaces.

In conjunction with APR No. 22-017, an outdoor lighting application was submitted to the City for new outdoor lighting fixtures, per the requirements of MMC Chapter 17.41 (Dark Sky Ordinance). On January 26, 2023, the Planning Department approved Outdoor Lighting Review (OLR) No. 22-011 to bring existing exterior lighting into compliance with the City’s Dark Sky Ordinance.

Surrounding Land Uses and Project Setting
As shown in Figure 1, the subject property is located on the seaward side of PCH between Sweetwater Canyon Drive and Carbon Beach Terrace. The site was first developed in 1955. The site has operated as a mixed-use development since it was originally developed.

Figure 1: Aerial Map
Source: City GIS
Table 1 below provides a list of the immediately adjacent land uses. The property is bordered by PCH to the north and the Pacific Ocean to the south. The property to the east is zoned Community Commercial (CC) and also contains a mix of multi-family and commercial uses. The property to the west is zoned Multi-Family Residential (MF) and contains multi-family residential developments. On the north side of PCH is a corridor of commercial development located in the CC zoning designation.

Table 1 – Surrounding Land Uses
Direction Address Lot Size Zoning Land Use
North 22775 PCH 0.25 acre CC Commercial
South N/A – Pacific Ocean N/A N/A N/A
West 22806 PCH 0.21 acre MF Multi-Family Residential
East 22772 PCH 0.29 acre CC Commercial and Multi-Family Residential Table 2 provides a summary of the lot dimensions and lot area of the subject parcel.

Table 2 – Total Property Data
Lot Depth 186 feet
Subject
Property
Existing, Vacant
Commercial
Building
Existing
Multi-Family
Buildings

Table 2 – Total Property Data
Lot Width 68.5 feet
Gross Lot Area 11,725 square feet
Net Lot Area 9,025 square feet
*Net Lot Area = Gross Lot Area minus the area of access easements and 1 to 1 slopes.

Project Description
The project proposes a change of use of the existing non-conforming multi-family buildings, currently being used for both STRs less than 30 days and long term rentals, to a motel use which is a conditionally permitted use in the CV-1 zoning district. The CUP request does not include any structural alterations, construction, additions, or demolition to the subject property. The two buildings contain a total of nine residential units, each of which is proposed to be converted into a motel room. The motel’s management, maintenance, and housekeeping services will be provided by the contracted third-party providers that are currently servicing the existing STR use of the residential units, rented for periods of 30 days or less.

The application does not propose the use of, or any modifications to, the vacant singlestory commercial building located on the northern portion of the lot adjacent to PCH.

Nonconformities
The subject property’s surface parking lot and landscaping currently contains unpermitted modifications. Converting the existing parking configuration and circulation of the site back to its approved 1986 site plan configuration results in non-conformities regarding parking space dimensions and turning radius width per MMC Chapter 17.48 (Off-Street Parking and Loading Requirements). However, it reverts the parking lot back to its last approved site plan. The unpermitted modifications resulted in fewer parking spaces and narrower aisle widths. APR No. 22-017, approved in May 2023, contains a reconfigured site plan which brings the site closer into compliance with current parking and landscaping regulations.

The existing structures and site improvements were legally created and therefore, can be continuously maintained as dictated in MMC Chapter 17.60 (Nonconforming Structures and Uses).

LCP Analysis
The Malibu LCP consists of the Land Use Plan (LUP) and the Local Implementation Plan (LIP). The LUP contains programs and policies to implement the Coastal Act in Malibu.

The LIP contains provisions to carry out the policies of the LUP to which every project requiring a CDP must adhere.

There are 14 LIP chapters that potentially apply depending on the nature and location of the proposed project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality, and 5) OWTS. These chapters do not required findings. The proposed project does not result in any changes to the analysis provided in the original report as it pertains to all these LIP chapters, except for Zoning. The proposed project’s consistency with the Zoning provisions is discussed in the LIP Conformance Analysis section below.

The nine remaining LIP chapters contain required findings: 1) Coastal Development Permit; 2) ESHA; 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division. The discussion below has been limited to those LIP chapters and conformance issues potentially affected by the proposed project. CDP findings are made below.

LIP Conformance Analysis
The Planning Division and the Environmental Health Division have reviewed the proposed project for conformance with the LCP (Attachment 3). The proposed project is in conformance with all applicable LCP codes, standards, goals, and policies.

Zoning (LIP Chapter 3)
The proposed project is subject to the zoning standards set forth under LIP Section 3.3.

The proposed project meets those standards and has been determined to be consistent with all LCP codes, standards, goals, and policies with the inclusion of the discretionary request.

Grading (LIP Chapter 8)
LIP Section 8.3 ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of non-exempt grading to a maximum of 1,000 cubic yards for a residential parcel. The proposed project does not include grading; therefore, the provisions of LIP Section 8.3 do not apply.

Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures are followed to determine potential impacts on archaeological resources. The proposed project does not include geologic testing or construction; therefore, the provisions of LIP Chapter 11 do not apply.

New Luxury Overnight Accommodations (LIP Section 12.10) LIP Section 12.10 states the City may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower

cost overnight visitor accommodations, such as a campground, RV park, hostel, or lower cost hotel or motel rooms. The LIP requires the applicant to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

The applicant provided a Room Rate Analysis (Attachment 4) which analyzes the average nightly room cost of the six existing hotels or motels within the City of Malibu by sourcing the rates of each room on the same dates in January 2025 and July 2025 using both weekday and weekend rates. The analysis establishes the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate and per the definition of “luxury overnight accommodations”, a nightly rate must be a minimum of $740 to fall into such category.

The applicant states that the proposed motel at 22800 Pacific Coast Highway will have an average nightly room rate of $415. Therefore, the proposed motel does not qualify as a luxury overnight accommodation and the requirements of LIP Section 12.10 do not apply.

Water Quality (LIP Chapter 17)
LIP Chapter 17 contains requirements for water quality protection and requirements of the State Water Resources Control Board (SWRCB). The subject property is located outside of the designated Area of Special Biological Significance (ASBS) between Latigo Point and the west City limits as established by the SWRCB as part of the California Ocean Plan. In addition, the proposed project does not include construction activities; therefore, the provisions of Chapter 17 do not apply.

Wastewater Treatment System Standards (LIP Chapter 18)
LIP Chapter 18 addresses the siting, design, and performance requirements of onsite wastewater treatment systems (OWTS). The proposed project does not include a new OWTS nor does it include new or additional drainage fixtures; therefore, the provisions of LIP Chapter 18 do not apply.

LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
LIP Section 13.9 requires that the following four findings be made for all coastal development permits. As discussed above, the proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets the required beachfront residential development standards.

Finding 1. The project as described in the application and accompanying materials, as modified by any conditions of approval, conforms to the certified City of Malibu Local Coastal Program.

The Planning Division and Environmental Health Division reviewed the proposed project for conformance with the LCP. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

Finding 2. If the project is located between the first public road and the sea, the project conforms to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Section 30200 of the Public Resources Code).

The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).

Finding 3. The project is the least environmentally damaging alternative.

This analysis assesses whether alternatives to the proposed project would significantly lessen adverse impacts to coastal resources.

1. No Project – The ‘no project’ alternative would maintain the existing multi-family units, a use which is nonconforming in the CV-1 zone, and would continue the use of the units as both STRs and long-term rentals.

2. Proposed Project – The proposed project consists of a change of use from multifamily residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

Finding 4. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the LIP (ESHA Overlay), that the project conforms to the recommendations of the Environmental Review Board, or it does not conform to the recommendations, findings are included which explain why it is not feasible to take the recommended action.

The subject parcel is not located in an Environmentally Sensitive Habitat Area (ESHA) or ESHA buffer as depicted on the LCP ESHA and Marine Resources Map. Therefore, Environmental Review Board review was not required, and this finding does not apply.

B. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) The subject property is not in a designated ESHA, or ESHA buffer, as shown on the LCP ESHA and Marine Resources Map. Therefore, the findings of LIP Section 4.7.6 are not applicable.

C. Native Tree Protection (LIP Chapter 5)
There are no native trees on or adjacent to the subject parcel. Therefore, the findings of LIP Chapter 5 are not applicable.

D. Scenic, Visual, and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual, and Hillside Resource Protection chapter governs those coastal development permit applications concerning any lot that is located along, within, provides views to or is visible from any scenic area, scenic road or public viewing area. The subject property abuts PCH and the existing structures are visible from PCH, an LCP-designated scenic highway. However, the proposed project does not include any new construction and therefore, does not have the potential to create adverse impacts on scenic resources.

Therefore, the findings in LIP Chapter 6 do not apply.

E. Transfer of Development Credit (LIP Chapter 7)
The proposed project does not include a land division or multi-family development.

Therefore, the findings of LIP Chapter 7 are not application.

F. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon site stability or structural integrity. The proposed project does not include any new construction and therefore, does not have the potential to create adverse impacts upon site stability or structural integrity. As a result, the findings in LIP Section 9.3 are not applicable.

G. Shoreline and Bluff Development (LIP Chapter 10)
The Shoreline and Bluff Development Chapter governs those coastal development permit applications that include development on a parcel located along the shoreline as defined by the LCP. The required findings and analysis must be made for development located on a site along the shoreline or a coastal bluff where it is determined that the proposed project causes the potential to create adverse impacts upon said resources. The project site is a beachfront property on the south side of PCH but the proposed project does not include

any modification to the existing structures or new structures. No construction is proposed.

As a result, the findings in LIP Section 10.3 are not applicable.

H. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the Land Use Plan or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

The project is new development between the nearest public roadway and the sea, but does not result in blockage of any existing public access. Public access to the ocean exists nearby at an existing access path approximately 850 feet to the east of the project area.

The proposed project will not impede existing public access along the beach and therefore the requirement for public access in LIP Section 12.4 does not apply and further findings are not required.

I. Land Division (LIP Chapter 15)
The project does not include a land division. Therefore, the findings of LIP Chapter 15 are not applicable.

MMC Findings

Conditional Use Permit Findings for New Motel Use (MMC Section 17.66.080) The proposed CUP will allow for the existing, non-conforming nine-unit multi-family residential use to convert to a motel, which is a conditionally permitted use in the CV-1 zoning district. The Planning Commission may approve, deny, and/or modify a CUP in whole or in part, with or without conditions, provided that it makes all of the findings of fact required by MMC Section 17.66.080. All of the CUP findings are provided below.

Finding 1. The proposed use is conditionally permitted within the subject zone and complies with the intent of all of the applicable provisions of the Malibu Municipal Code Title 17 (Zoning).

Pursuant to MMC Section 17.26.030(C), a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing, legal nonconforming residential units that are primarily being used as permitted STRs to a visitor-serving motel.

The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as conditioned, complies with all applicable provisions of the MMC and the LCP.

Finding 2. The proposed use would not impair the integrity and character of the zone in which it is to be located.

The proposed motel use is compatible with the uses in the vicinity of the subject property, which include retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55 (Short-Term Rental of Property). The CUP request would bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to provide visitor-serving overnight accommodations.

Finding 3. The subject site is physically suitable for the type of land use being proposed.

The subject property is a beachfront property located along PCH and the surrounding development is comprised of restaurants, motels, retail, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities are located within the PCH right-of-way which serve the subject property. The site is physically suitable for the proposed use as it contains the required amount of parking.

Finding 4. The proposed use is compatible with the land uses, if any, presently on the subject property and in the surrounding neighborhood.

The property's surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. West of the property is the Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

Finding 5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitor-serving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and outof-town visitors alike. Therefore, the proposed motel is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

Finding 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety and the project does not affect solar access or adversely impact existing public and private views, as defined by staff.

The existing multi-family development contains adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would in no way be detrimental to public health and safety.

Finding 7. There would be adequate provisions for public access to serve the subject parcel.

Access to the subject property is from PCH. The public, as well as emergency vehicles, would enter and exit the site via existing curb cuts for the entrance and exit along PCH.

Therefore, there are adequate provisions for public access to serve the subject parcel.

Finding 8. The proposed use is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan
The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan. The General Plan defines the CV zone as providing visitor serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhanced and upgrade the environment of the commercial areas.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations. The motel would contribute to the visitor-serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

Finding 9. The proposed project complies with all applicable requirements of state and local law.

Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

Finding 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare.

The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use.

Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare.

Finding 11. If the project is located in an area determined by the City to be at risk from earth movement, flooding or liquefaction, there is clear and compelling evidence that the proposed development is not at risk from these hazards.

The proposed project does not involve any further development of the property. Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Community Development Director has analyzed the proposed project. The Community Development Director found that this project is listed among the classes of projects that

have been determined not to have a significant adverse effect on the environment.

Therefore, the proposed project is categorically exempt from the provisions of CEQA pursuant to Sections 15301 (a) – Existing Facilities. The Community Development Director has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

CORRESPONDENCE: To date, staff has not received correspondence regarding the subject application.

PUBLIC NOTICE: On July 10, 2025, staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 500-foot radius of the subject property (Attachment 5).

SUMMARY: The required findings can be made that the proposed project complies with the LCP and MMC. Further, the Planning Division’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommends approval of this project, subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 25-62. The proposed project has been reviewed and conditionally approved for conformance with the LCP by Planning Division staff and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 25-62

2. Site Plan Approved by APR No. 22-017

3. Department Review Sheets

4. Room Rate Analysis

5. Public Hearing Notice
DRAFT
ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25-62

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-040 AND
CONDITIONAL USE PERMIT NO. 21-008 FOR A CHANGE OF USE FROM

EXISTING NON-CONFORMING MULTI-FAMILY RESIDENTIAL TO

MOTEL ON A PROPERTY LOCATED IN THE COMMERCIAL VISITOR
SERVING-ONE ZONING DISTRICT LOCATED AT 22800 PACIFIC COAST

HIGHWAY (CARBON INVESTMENTS)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On September 17, 2021, an application for Conditional Use Permit (CUP) No. 21- 008 was submitted to the Planning Division by the applicant, Pacific Coast Management, LLC, on behalf of the property owners, Carbon Investments, for the change of use. The application was routed to the City Environmental Health Administrator for review. Coastal Development Permit (CDP) No. 23-040 was later added to the project because it includes a change in land use.

B. On October 27, 2021, Planning Division staff conducted a site visit to document the existing conditions.

C. On February 1, 2023, the CUP application was deemed complete for processing.

D. On June 22, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

E. On July 17, 2023, the Planning Commission continued the public hearing on the subject application to the August 7, 2023 meeting of the Planning Commission.

F. On August 7, 2023, the Planning Commission continued the item to a date uncertain.

G. On July 10, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

H. On August 4, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project is listed among the classes of projects that have been determined not to DRAFT
Resolution No 25-62

______________________
have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Sections 15301(a) – Existing Facilities. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on the evidence contained within the record, including the agenda report for the project and the hearing on August 4, 2025, and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the Planning Commission makes the findings of fact below, and approves CDP No. 23- 040 and CUP No. 21-008 for the change of use from an existing, nonconforming multi-family use to motel on a property located in the Commercial Visitor Serving-1 (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH).

The project is consistent with the LCP’s zoning. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. Coastal Development Permit Findings (LIP Chapter 13)

1. The proposed project has been reviewed for conformance with the LCP by the Planning Division and the Environmental Health Department. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

2. The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976.

3. The proposed project consists of a change of use from multi-family residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

B. Conditional Use Permit Findings (MMC Chapter 17.66)

1. Per MMC Section 17.26.030.C, a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing nonconforming residential units that are primarily being used as nightly Short-Term Rentals (STRs), to a conforming visitorserving motel. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Division and City Environmental Health Administrator. The proposed project complies with all applicable provisions of the MMC and LCP.

2. The proposed motel use is compatible with the uses in the vicinity of the subject property, including retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been DRAFT
Resolution No 25-62

______________________
utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55. The CUP request will bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to be affordable visitorserving overnight accommodations.

3. The subject property is a beachfront property located along PCH with nearby restaurants, retail, motels, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities are located within the PCH right-of-way that serve the subject property. The site is physically suitable for the proposed use as it contains the required amount of parking.

4. The property’s surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. West of the property is Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city.

The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

5. As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitorserving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of-town visitors alike. Therefore, the proposed motel use is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

6. The existing multi-family structures contain adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would in no way be detrimental to public health and safety.

7. Access to the subject property is from PCH. The public, as well as emergency vehicles would enter and exit via existing curb cuts for the entrance and exit along PCH. Therefore, there are adequate provisions for public access to serve the subject parcel.

8. The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan.

The General Plan defines the CV zone as providing visitor serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, DRAFT
Resolution No 25-62

______________________
adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhanced and upgrade the environment of the commercial areas.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations. The motel would contribute to the visitor-serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

9. Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on the submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

10. The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use. Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare.

11. The proposed project does not involve any further development of the property.

Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-040 and CUP No. 21-008, subject to the following conditions.

SECTION 5. Conditions of Approval.

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City DRAFT
Resolution No 25-62

______________________
shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Change of use from an existing multi-family residential use to a motel.

3. The proposed development shall comply with all conditions of approval stipulated in this Resolution and Department Review Sheets attached hereto.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes, and returns the Acceptance of Conditions Affidavit for Recordation accepting the conditions of approval set forth herein.

The applicant shall file this form with the Planning Division within 30 days of this decision or prior to issuance of building permits.

5. The applicant shall digitally submit a complete set of plans to the Planning Division for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. Any questions of intent or interpretation of any condition of approval will be resolved by the Community Development Director upon written request of such interpretation.

7. All development shall conform to the requirements of the City of Malibu Environmental Sustainability Division and City Environmental Health Administrator as applicable.

Notwithstanding this review, all required permits shall be secured.

8. Minor changes to the conditions of approval may be approved by the Community Development Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code.

9. The property owner must submit payment for all outstanding fees payable to the City prior to commencement of the conditionally permitted use.

Site-Specific Conditions

10. The property owner / operator shall adhere to a “good neighbor” policy, meaning that the operator and employees must respect the rights of neighboring properties and, to the best of their ability, shall ensure their patrons’ compliance with the City’s noise and smoking regulations and all conditions of approval for the subject use relating to parking, smoking, litter, noise, loitering, etc.

11. Noise emanating from the premises shall not be plainly audible at a distance of five feet of any residential unit between the hours of 10:00 p.m. and 7:00 a.m., as required by MMC Section 8.24.050(L).

12. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Division prior to installation of any new sign.

DRAFT
Resolution No 25-62

______________________

13. No more than two employees can be at the site at any one shift.

14. No exterior lighting is permitted under the subject application.

Fixed Conditions

15. The conditions under which this conditional use permit was approved may be modified by the City without the consent of the property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.

16. A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of the MMC, shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.

17. Violation of any of the conditions of approval shall be cause for revocation of the conditional use permit and termination of all rights contained therein.

18. This conditional use permit shall become subject to revocation should the use for which the conditional use permit was granted cease for six successive calendar months after the start of operations, except in the case of natural disaster.

19. If it has cause to believe that grounds for modification or revocation may exist, the Planning Commission shall hold a public hearing upon the question of modification or revocation of this conditional use permit pursuant to MMC Section 17.66.100(C). The conditional use permit may be revoked if the Planning Commission finds that one or more of the following conditions exists:
a. The conditional use permit was obtained in a fraudulent manner. b. The use for which the conditional use permit was granted has ceased or was suspended for at least six successive calendar months.
c. One or more of the conditions found within this resolution have not been substantially met.

SECTION 6. The Planning Commission shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 4th day of August 2025.

DREW LEONARD, Planning Commission Chair
ATTEST:

REBECCA EVANS, Recording Secretary
DRAFT
Resolution No 25-62

______________________
LOCAL APPEAL - Pursuant to Local Coastal Program Local Implementation Plan (LIP) Section

13.20.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 246.

COASTAL COMMISSION APPEAL – An aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling (805) 585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-62 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 4th day of August 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
REBECCA EVANS, Recording Secretary
EXISTING VACANT SINGLE STORY BUILDING #22800 NOT INCLUDED IN PROJECT APPLICATION EXISTING TWO STORY BUILDING #22802 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT) EXISTING TWO STORY BUILDING #22804 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT)

PARKING AREA EXISTING WOOD DECK (OPEN SPACE) SAND / BEACH AREA

PACIFIC COAST HIGHWAY

SIDEWALK
187'-0 1/2"
67'-1" 184'-6"
70'-0" EXISTING DRIVEWAY ENTRANCE EXISTING DRIVEWAY EXIT PEDESTRIAN ACCESS PATH FROM PARKING AREA EXISTING STATUE POST 5'-0" FIRE DEPT. ACCESS PATH EXISTING LANDSCAPED AREA 26'-0" 26'-0" 10'-0" 8'-6" 26'-0" 26'-0"
8'-6" 3'-0" 15'-0" 26'-0"
8'-9"
8'-9" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" NEW TRASH / RECYCLING LOCATION 9 EXISTING PARKING SPACES FOR RESIDENTIAL BUILDING NEW ACCESSIBLE PARKING N10 NEW UNALLOCATED PARKING N11 NEW UNALLOCATED PARKING N13 NEW UNALLOCATED PARKING N12 NEW UNALLOCATED PARKING N14 NEW TIRE STOPS (TYP.) 5'-0" FIRE DEPT. ACCESS PATH REMOVE EXISTING HEDGE 26'-0" REMOVE EXISTING PARKING STRIPING REMOVE EXISTING PARKING STRIPING 10'-6" EXISTING

DRIVEWAY
19'-0"

EXISTING DRIVEWAY
E1
E2
E3
E4
E5
E6
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0" N1 N2 N3 N4 N5 N6 N7 N8 N9 NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) 12'-0" NEW TIRE STOPS (TYP.)
10'-0" 52'-0" 10'-0" NEW PARKING STALL DIMENSIONS
EXISTING HEDGE 18'-0"
9'-0" 5'-0"
6'-0" 6'-0"RELOCATE (E) TRASH / RECYLE.
(E) TRASH / RECYLE. NEW PLANTER NEW PLANTER A-1.00 SITE PLAN DRAWING TITLE: DRAWING NUMBER: DATE ISSUE/REVISION 09-27-2022 PLANNING REVIEW 22802-22804 P.C.H. ARCHITECT HERBER DESIGN JASON HERBER C35679 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 CAPITOLINE DESIGN INC. D.B.A. 22802-22804 PACIFIC COAST HWY. MALIBU, CA 90265 STRUCTURAL ENGINEER -- APN # 4452-004-032 SITE PLAN 1 SCALE 1/8" = 1'-0" AREA CALCULATIONS N LAND AREA (GROSS): 11,725 SQ. FT. LAND AREA (NET): 9,025 SQ. FT. SITE COVERAGE UNALLOCATED BUILDING: 598 SQ. FT. RESIDENTIAL BUILDING: 2,100 SQ. FT. COVERAGE: 23% LANDSCAPED AREAS PLANTERS: 356 SQ. FT. PAVED PEDESTRIAN AREAS: 320 SQ. FT. TOTAL: 676 SQ. FT. PARKING SUMMARY RESIDENTIAL: 9 SPACES ACCESSIBLE SPACE: 1 SPACE UNALLOCATED: 4 SPACES TOTAL PARKING PROVIDED: 14 SPACES PARKING DIAGRAM KEY NEW PARKING N1, N2, N3, N4, N5, N6, N7, N8, N9 N10, N11, N12, N13, N14 STRIPING EXISTING PARKING E1,E2,E3,E4,E5,E6 STRIPING NEW LANDSCAPING KEY DWARF NON-FRUITING OLIVE TREE (36 TOTAL) ATTACHMENT 2

ENVIRONMENTAL HEALTH REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-3356 www.malibucity.org
FROM:

TO: City of Malibu Environmental Health Administrator
City of Malibu Planning Department DATE: 9/15/2021
APPLICANT / CONTACT: Val Zingaro, Pacific Coast Management, LLC APPLICANT ADDRESS: PO BOX 25070
APPLICANT PHONE #: (718)483-1995
APPLICANT FAX #:

PROJECT DESCRIPTION: Convert apartments to Motel
Ventura, CA 93002
PROJECT NUMBER: CUP 21-008
JOB ADDRESS: 22800 PACIFIC COAST HWY
APPLICANT EMAIL: [email protected]
TO: Malibu Planning Department and/or Applicant
FROM: City of Malibu Environmental Health Reviewer
Conformance Review Complete for project submittals reviewed with respect to the City of Malibu Local Coastal Plan/Local Implementation Plan (LCP/LIP) and Malibu Municipal Code (MMC). The Conditions of Planning conformance review and plan check review comments listed on the attached review sheet(s) (or else handwritten below) shall be addressed prior to plan check approval.

Conformance Review Incomplete for the City of Malibu LCP/LIP and MMC. The Planning stage review comments listed on the City of Malibu Environmental Health review sheet(s) shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Signature Date
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether or not an onsite wastewater treatment system (OWTS) Plot Plan approval is required.

The Environmental Health Specialist may be contacted Tuesday and Thursday from 8:00 am to 11:00 am, or by calling (310) 456-2489, extension 364.

Rev 141008
October 7, 2021 (rev. July 24, 2025)
ATTACHMENT 3
City of Malibu
Environmental Health ● Environmental Sustainability Department 23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-7650 ꞏ www.malibucity.org

Recycled Paper

ENVIRONMENTAL HEALTH REVIEW SHEET

PROJECT INFORMATION
Applicant:
(name and email
address)
Val Zingaro, Pacific Coast Management
[email protected]
Project Address: 22800 Pacific Coast Highway (Apartments) Malibu, California 90265
Planning Case No.: CUP 21-008
Project Description: Convert apartments to Motel
Date of Review: October 7, 2021 (rev. July 24, 2025)
Reviewer: Matt Janousek Signature:

Contact Information: Phone: (310) 456-2489 ext. 307 Email: [email protected]

SUBMITTAL INFORMATION
Architectural Plans: LA Drafter: Plans dated 8-26-2013 (received 9-27-2021) Fixture Worksheet:

Operating Permit: Active; expires 1-15-2023
Miscellaneous: LA County: OWTS approval dated 5-21-1987 Previous Approval:

Previous Reviews:

REVIEW FINDINGS
Planning Stage: CONFORMANCE REVIEW COMPLETE for the City of Malibu Local Coastal Program (LCP)/Local Implementation Plan (LIP) and Malibu Municipal Code (MMC). The listed conditions of Planning stage conformance review and plan check review comments shall be addressed prior to plan check approval.

CONFORMANCE REVIEW INCOMPLETE for the City of Malibu LCP/LIP and MMC.

The listed Planning stage review comments shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Environmental Health conformance review has been completed for the development proposal described in the project description provided by the Planning Department and the project plans and reports submitted to this office. Please distribute this review sheet to all of the project consultants and, prior to final approval, provide a coordinated submittal addressing all conditions for final approval and plan check items.

The conditional conformance findings hereby transmitted complete the Planning stage Environmental Health review of the project. In order to obtain Environmental Health final approval of the project construction drawings (during Building Safety plan check), all conditions and plan check items listed below must be addressed through submittals to the Environmental Health office.

City of Malibu Environmental Health Review Sheet
CUP 21-008
22800 Pacific Coast Highway (Apartments)
October 7, 2021 (rev. July 24, 2025)

Recycled Paper
Conditions of Planning Conformance Review for Building Plan Check Approval:
1) Building Plans: All final project plans shall be submitted for Environmental Health review and approval. These plans must be approved by the Building Safety Division prior to receiving Environmental Health final approval.

The final floor plans must show no more than 9 bedrooms and 94 drainage fixture units across the 9 units.
2) Remodel and OWTS Upgrade: Per Section 15.40.050 of the Malibu Municipal Code, any renovation (i.e., interior remodel) of the units will require upgrade to an advanced onsite wastewater treatment system. The applicant shall confirm in writing that no remodel is included in the current scope of work prior to Environmental Health Building Plan Check approval. Please submit existing and proposed floor plans, as appropriate.
3) Environmental Health Final Review Fee: A fee in accordance with the adopted fee schedule at the time of final approval shall be paid to the City of Malibu for Environmental Health Building Plan Check review.
-o0oIf you have any questions regarding the above requirements, please contact the Environmental Health office at your earliest convenience.
cc: Environmental Health file
Planning Department
ATTACHMENT 4
Room Rate Analysis Report
22800 Pacific Coast Highway
On July 17, 2023, the California Coastal Commission (“CCC”) and the Mountain Recreation & Conservation Authority (“MRCA”) each submitted letters with their comments on our project, 22800 Pacific Coast Highway. Both letters expressed interest and concern regarding the nightly rates at our proposed project and luxury overnight accommodations.

The CCCand MRCA requested proposed pricing of the rooms, an analysis of the median cost of an overnight room in the City of Malibu, and findings on whether the cost meets the definition of luxury overnight accommodations under the Malibu LCP.

Pricing / Room Rates 22800 PCH
The two multi-family buildings consist of nine units that are currently operated as permitted short term rentals. All the units are listed on and available for booking via the Airbnb and VRBO online travel agent platforms, we have used the actual rates for this study.

The 2025 Average Nightly Room Rate is: $415 per night.

There are currently six motel and or hotels in the City of Malibu, M Malibu, The Surfrider, Malibu Beach Inn, Malibu Country Inn, Hotel June Malibu, and the Nobu Ryokan Hotel.

The table below provides the average nightly room cost at each location. The table also identifies whether the motel or hotel is or is not an ocean front location as this will be important to reference and consider with respect to affordable visitor serving ocean front accommodations.

Average Nightly Cost Table
Hotel / Motel Name Ocean Front Average Room Rate
Nobu Yes $2,847
Malibu Beach Inn Yes $1,276
Surfrider No $752
Hotel June No $480
Malibu Country Inn No $380
M Motel No $289
Total Average Room Rate $1,004
22800 PCH Yes $415
Median Room Rate $616
Based on published 2025 rates;
The median cost of an overnight room in the City of Malibu is: $616 The average cost of an overnight room in the City of Malibu is: $1,004 Analysis of 2025 Median Motel and Hotel Room Nightly Rate The median nightly rate was completed by sourcing the rates of each room within the City of Malibu on the same dates in January 2025 and July 2025, high and low season, using both weekday and weekend night rates at each hotel and motel to establish the location’s average nightly rate and then identifying the median rate of all rooms.

All Malibu hotel and motel rates fluctuate throughout the year based on weather, demand, and other factors. When compared to the rates of all overnight accommodations within the City at the same time throughout the year, the project ‘s average room rates are less than 120% of the median rate.

Luxury Accommodation 120% Median Rate $616/nt = $740
Findings
Finding 1. Luxury Overnight Accommodation
Per section 12.10 of the Malibu LIP, Luxury overnight accommodation is defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

The proposed project does not meet the definition of Luxury overnight accommodation.

The average nightly cost for a room is in fact substantially less than the median cost of an overnight room as can be seen by the analysis of the average nightly cost table for all other overnight rooms available in the City of Malibu.

Finding 2. Moderate / Affordable and Lower-Cost Overnight Coastal Accommodations Our analysis shows that the project will provide the only moderate-cost ocean front rooms and the only non-luxury ocean front rooms in the City of Malibu.

Room Availability in the City of Malibu
Total Rooms 130
Coastal Rooms 63
Non-Coastal Rooms 67
Luxury Rooms 83
Non-Luxury Rooms 47
Non-Luxury Ocean Front Rooms 0
Two of the rooms (more than 20% of the project) provide lower-cost overnight accommodations at an average of only $208 per night.

This Ocean Front project does not meet the definition of Luxury Accommodations. It provides Lower-Cost Overnight accommodations, visitor and recreational facilities and opportunities to the public which should be encouraged.

City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

COMMUNITY DEVELOPMENT DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu Planning Commission will hold a public hearing on Monday, August 4, 2025, at 6:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA and via teleconference, for the project identified below. Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

CONDITIONAL USE PERMIT NO. 21-008 AND COASTAL DEVELOPMENT PERMIT NO. 23-040 - An application for a change of use from an existing, multi-family structure to a conforming, visitor-serving motel use LOCATION / APN / ZONING: 22800 Pacific Coast Hwy / 4452-004-032 / Commercial Visitor-Serving-One (CV-1) APPLICANT / OWNER: Pacific Coast Management, LLC / Carbon Investments, LP APPEALABLE TO: City Council and California Coastal Commission ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Section 15301(a) APPLICATION FILED: September 17, 2021
CASE PLANNER: Adam Pisarkiewicz, Contract Planner, [email protected] (949) 489-1442
A written staff report will be available at or before the hearing for the projects. All persons wishing to address the Commission regarding these matters will be afforded an opportunity in accordance with the Commission’s procedures. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the Planning Commission on, or before, the date of the meeting.

LOCAL APPEAL - A decision of the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within ten days following the date of action which the appeal is made and shall be accompanied by an appeal form and filing fee, as specified by the City Council.

Appeal forms may be found online at www.malibucity.org/planningforms or in person at City Hall, or by calling (310) 456-2489, extension 246.

COASTAL COMMISSION APPEAL - An aggrieved person may appeal the Planning Commission’s approval directly to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. More information may be found online at www.coastal.ca.gov or by calling 805-585-1800.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

YOLANDA BUNDY, Community Development Director Date: July 10, 2025 ATTACHMENT 4

Commission Agenda Report
To: Chair Riddick and Members of the Planning Commission Prepared by: Adam Pisarkiewicz, AICP, Contract Planner
Reviewed by: Joseph Smith, AICP, Contract Principal Planner Approved by: Yolanda Bundy, MS, PE, CBO, CFCO, Community Development Director and Tyler Eaton, Assistant Community Development Director Date prepared: November 20, 2025 Meeting date: December 1, 2025 Subject: Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 – An application for a change of use from an existing, nonconforming multi-family structure to a conforming, commercial visitorserving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office
Location: 22800 Pacific Coast Highway, within the appealable coastal zone
APN: 4452-004-032
Owner: Carbon Investments
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 25-62 (Attachment 1) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-040 and Conditional Use Permit (CUP) No. 21-008 for a change of use from an existing, non-conforming multi-family residential use to a conforming, commercial visitorserving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office on a property located in the Commercial Visitor ServingOne (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH) (Carbon Investments).

DISCUSSION: This agenda report provides a project overview, a summary of the surrounding land uses and project setting, a description of the proposed project, an analysis of the proposed project’s consistency with Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC) provisions, and environmental review pursuant to CEQA. The analysis and findings contained herein demonstrate the proposed project is consistent with the LCP and MMC.

Planning Commission
Meeting
12-01-25
Item

5.C.

Project Overview
The subject property is a developed beachfront parcel totaling approximately 0.3 acre in size, consisting of two multi-family buildings oriented along the coast and one vacant commercial building with an approximate 22-foot statue1 fronting PCH. The project proposes the conversion of the existing two-story multi-family buildings to a motel2 use, which is a conditionally permitted use in the CV-1 zone. Should the Planning Commission approve the CUP, the existing commercial building will be used as an ancillary motel manager’s office and the statue kept in place (Attachment 2 – Project Plans).

No new development is proposed with the subject application. The requested scope is limited to the change of use only.

Background and Existing Approvals
According to the Los Angeles Tax Assessor’s Office, the structures on the site were originally constructed in 1955.

On December 12, 1986, the Los Angeles County Department of Regional Planning issued the last approved site plan for the subject property. The site plan contained the existing residential buildings with nine approved units, the existing commercial building, and a total of 14 parking spaces, 12 of which were required for the commercial and residential uses.

The subject property contains unpermitted alterations to the last approved site plan including landscaping and changes to the parking layout and circulation.

The commercial structure was previously occupied by a restaurant (La Salsa), which was a conforming use in the CV-1 zone, but has remained vacant since 2015. All nine of the existing residential units are permitted Short-Term Rentals (STRs), in conformance with MMC Chapter 17.55. None of the units are being used as typical multi-family residential housing.

On May 9, 2023, the Planning Division approved Administrative Plan Review (APR) No. 22-017 to address unpermitted landscape installation and reconfigured parking. The approved site plan allowed the site to revert to the configuration last approved in 1986.

APR No. 22-017 resolved unpermitted site modifications that occurred over the years since 1986 and permitted the site to be restored to its previously approved parking configuration and the removal of the unpermitted landscaping, which will result in 13 parking spaces and one Americans with Disabilities Act (ADA) compliant space (Attachment 2). MMC Section 17.48.030 required one parking space for each keyed room 1 The freestanding statue has existed since the early 1960s and was formerly associated with Foster Freeze prior to La Salsa. 2 LIP §2.1 defines a motel as “a facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.”

plus one additional space for use by management or maintenance personnel, resulting in a total of 10 required parking spaces.

In conjunction with APR No. 22-017, an outdoor lighting application was submitted to the City for new outdoor lighting fixtures, per the requirements of MMC Chapter 17.41 (Dark Sky Ordinance). On January 26, 2023, the Planning Division approved Outdoor Lighting Review (OLR) No. 22-011 to bring existing exterior lighting into compliance with the City’s Dark Sky Ordinance.

Surrounding Land Uses and Project Setting
As shown in Figure 1, the subject property is located on the seaward side of PCH between Sweetwater Canyon Drive and Carbon Beach Terrace. The site was first developed in 1955. The site has operated as a mixed-use development since it was originally developed.

Figure 1: Aerial Map
Source: City GIS
Table 1 below provides a list of the immediately adjacent land uses. The property is zoned CV-1 and bordered by PCH to the north and the Pacific Ocean to the south. The property to the east is zoned Community Commercial (CC) and also contains a mix of multi-family and commercial uses. The property to the west is zoned Multi-Family Residential (MF) and contains multi-family residential developments. On the north side of PCH is a corridor of commercial development located in the CC zoning designation.

Subject
Property
Existing, Vacant
Commercial
Building
Existing
Multi-Family
Buildings

Table 1 – Surrounding Land Uses
Direction Address Lot Size Zoning Land Use
North 22775 PCH 0.25 acre CC Commercial
South N/A – Pacific Ocean N/A N/A N/A
West 22806 PCH 0.21 acre MF Multi-Family Residential
East 22772 PCH 0.29 acre CC Commercial and Multi-Family Residential Figure 2: Existing Zoning
Source: City GIS
Table 2 provides a summary of the lot dimensions and lot area of the subject property.

Table 2 – Total Property Data
Lot Depth 186 feet
Lot Width 68.5 feet
Gross Lot Area 11,725 square feet
Net Lot Area 9,025 square feet
*Net Lot Area = Gross Lot Area minus the area of access easements and 1 to 1 slopes.

Project Description
The project proposes a change of use for the subject property which includes the existing non-conforming multi-family buildings, currently being used for both STRs less than 30 days and long-term rentals, to a motel use which is a conditionally permitted use in the CV-1 zoning district. The CUP request does not include any structural alterations, construction, additions, or demolition to the subject property. The two buildings contain a

total of nine residential units, each of which is proposed to be converted into a motel room.

The motel’s management, maintenance, and housekeeping services will be provided by the contracted third-party providers that are currently servicing the existing STR use of the residential units, rented for periods of 30 days or less. The existing, vacant commercial building is proposed to be utilized as the motel manager’s office and the existing statue would remain in place.

Nonconformities
The subject property’s surface parking lot and landscaping currently contain unpermitted modifications. Converting the existing parking configuration and circulation of the property back to its approved 1986 site plan configuration results in non-conformities regarding parking space dimensions and turning radius width per LCP Local Implementation Plan (LIP) Section 3.14 and MMC Chapter 17.48 (Off-Street Parking and Loading Requirements). However, it reverts the parking lot back to its last approved site plan. The unpermitted modifications resulted in fewer parking spaces and narrower aisle widths.

APR No. 22-017, approved in May 2023, contains a reconfigured site plan which brings the site closer into compliance with current parking and landscaping regulations.

The existing structures and site improvements were legally created and therefore, can be continuously maintained as provided for in LIP Section 13.5 and MMC Chapter 17.60 (Nonconforming Structures and Uses).

Change of Use & Consistency with State Housing Law
The change of use from multi-family residential to commercial visitor-serving motel does not trigger any associated provisions of California Government Code 66300, et al., related to ‘no net loss’ in residential capacity. The proposed project is not a legislative change that reduces the capacity for housing. The subject property is not a Regional Housing Needs Assessment (RHNA) housing inventory site and the proposed project is not a housing development that would require replacement of demolished units. Units began to be utilized as STRs in 2015 with all nine units being STRs by 2022. The applicant has been issued STR permits via the City since the permitting program’s inception in 2021. The change of use to motel continues the existing transitory lodging use and makes it a conforming use in the CV-1 zoning district with no changes to the structures.

LCP Analysis
The LCP consists of the Land Use Plan (LUP) and the LIP. The LUP contains programs and policies to implement the Coastal Act in Malibu. The LIP contains provisions to carry out the policies of the LUP to which every project requiring a CDP must adhere.

There are 14 LIP chapters that potentially apply depending on the nature and location of the proposed project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality,

and 5) OWTS. These chapters do not required findings. The proposed project does not result in any changes to the analysis provided in the original report as it pertains to all these LIP chapters, except for Zoning. The proposed project’s consistency with the Zoning provisions is discussed in the LIP Conformance Analysis section below.

The nine remaining LIP chapters contain required findings: 1) CDP; 2) Environmentally Sensitive Habitat Area (ESHA); 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division. The discussion below has been limited to those LIP chapters and conformance issues potentially affected by the proposed project. CDP findings are made below.

LIP Conformance Analysis
The Planning Division and the Environmental Health Division have reviewed the proposed project for conformance with the LCP (Attachment 3). The proposed project is in conformance with all applicable LCP codes, standards, goals, and policies.

Zoning (LIP Chapter 3)
The proposed project is subject to the CV-1 zoning standards set forth under LIP Section

3.3. The proposed project meets those standards and has been determined to be consistent with all LCP codes, standards, goals, and policies with the inclusion of the discretionary request.

Grading (LIP Chapter 8)
LIP Section 8.3 ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of non-exempt grading to a maximum of 1,000 cubic yards per acre for a commercial parcel. The proposed project does not include grading; therefore, the provisions of LIP Section 8.3 do not apply.

Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures are followed to determine potential impacts on archaeological resources. The proposed project does not include geologic testing, excavation or construction; therefore, the provisions of LIP Chapter 11 do not apply.

New Luxury Overnight Accommodations (LIP Section 12.10) LIP Section 12.10 states the City may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower cost overnight visitor accommodations, such as a campground, RV park, hostel, or lower cost hotel or motel rooms. The LIP requires the applicant to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight

accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

The applicant provided a Room Rate Analysis (Attachment 4) which analyzes the average nightly room cost of the six existing hotels/motels within the City of Malibu by sourcing the rates of each room on the same dates in January 2025 and July 2025 using both weekday and weekend rates. The analysis establishes the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate of 120% and per the definition of “luxury overnight accommodations”, a nightly rate must be a minimum of $740 to fall into such category.

The applicant states that the proposed motel on the subject property will have an average nightly room rate of $415 which is well below the 120% median. Therefore, the proposed motel does not qualify as a luxury overnight accommodation and the requirements of LIP Section 12.10 do not apply.

Water Quality (LIP Chapter 17)
LIP Chapter 17 contains requirements for water quality protection and requirements of the State Water Resources Control Board (SWRCB). The subject property is located outside of the designated Area of Special Biological Significance (ASBS) between Latigo Point and the west City limits as established by the SWRCB as part of the California Ocean Plan. In addition, the proposed project does not include construction activities; therefore, the provisions of Chapter 17 do not apply.

Wastewater Treatment System Standards (LIP Chapter 18)
LIP Chapter 18 addresses the siting, design, and performance requirements of onsite wastewater treatment systems (OWTS). The proposed project does not include a new OWTS nor does it include new or additional drainage fixtures; therefore, the provisions of LIP Chapter 18 do not apply.

The proposed project was reviewed by the Environmental Health Division and the proposed change of use does not require OWTS upgrades. The existing system is sufficient to accommodate the motel use as there is no increase in intensity of use. The subject property was issued an OWTS Operating Permit (OP 25-0040) by the Environmental Health Division on January, 27, 2025 and the permit expires on January 15, 2027.

LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
LIP Section 13.9 requires that the following four findings be made for all CDPs. As discussed above, the proposed project, as conditioned, conforms to the LCP in that it meets the required commercial beachfront development standards.

Finding 1. The project as described in the application and accompanying materials, as modified by any conditions of approval, conforms to the certified City of Malibu Local Coastal Program.

The Planning Division and Environmental Health Division reviewed the proposed project for conformance with the LCP. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all applicable zoning standards in LIP Chapter 3 (Zoning) and other relevant sections of the LIP including LIP Section 12.10 (Public Access) and LIP Chapter 18 (OWTS).

Finding 2. If the project is located between the first public road and the sea, the project conforms to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Section 30200 of the Public Resources Code).

The subject property is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. The project is limited to change of use from multi-family residential/commercial to commercial visitor-serving motel. Therefore, there are no impacts to physical public access or recreation by the project.

LIP Section 12.10 states the City may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower cost overnight visitor accommodations, such as a campground, Recreational Vehicle park, hostel, or lower cost hotel or motel rooms. The LIP requires the applicant to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

The applicant provided a Room Rate Analysis which analyzed the average nightly room cost of the six existing hotels/motels within the City of Malibu by sourcing the rates of each room on the same dates in January 2025 and July 2025 using both weekday and weekend rates. The analysis established the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate of 120% and per the definition of “luxury overnight accommodations”, a nightly rate must be a minimum of $740 to fall into such category. The applicant states that the proposed motel on the subject property will have an average nightly room rate of $415

which is well below the 120% median. Therefore, the proposed motel does not qualify as a luxury overnight accommodation and the requirements of LIP Section 12.10 do not apply. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).

Finding 3. The project is the least environmentally damaging alternative.

This analysis assesses whether alternatives to the proposed project would significantly lessen adverse impacts to coastal resources.

1. No Project – The ‘no project’ alternative would maintain the existing multi-family units, a use which is nonconforming in the CV-1 zone, and would continue the use of the units as both STRs and long-term rentals.

2. Proposed Project – The proposed project consists of a change of use from multifamily residential to commercial visitor-serving motel. The proposed motel use is a conditionally permitted use in the CV-1 zone subject to a CUP. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures or intensification of use.

Finding 4. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the LIP (ESHA Overlay), that the project conforms to the recommendations of the Environmental Review Board, or it does not conform to the recommendations, findings are included which explain why it is not feasible to take the recommended action.

The subject parcel is not located in an ESHA or ESHA buffer as depicted on the LCP ESHA and Marine Resources Map. Therefore, Environmental Review Board review was not required, and this finding does not apply.

B. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) The subject property is not in a designated ESHA or ESHA buffer, as shown on the LCP ESHA and Marine Resources Map. Therefore, the findings of LIP Section 4.7.6 are not applicable.

C. Native Tree Protection (LIP Chapter 5)
There are no native trees on or adjacent to the subject property. Therefore, the findings of LIP Chapter 5 are not applicable.

D. Scenic, Visual, and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual, and Hillside Resource Protection chapter governs those CDP applications concerning any lot that is located along, within, provides views to or is visible from any scenic area, scenic road or public viewing area. The subject property abuts PCH and the existing structures are visible from PCH, an LCP-designated scenic highway, and the beach which is a public viewing area. However, the proposed project does not include any new construction and therefore, does not have the potential to create adverse impacts on scenic resources. Therefore, the findings in LIP Chapter 6 do not apply.

E. Transfer of Development Credit (LIP Chapter 7)
The proposed project does not include a land division or multi-family development.

Therefore, the findings of LIP Chapter 7 are not application.

F. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon site stability or structural integrity. The proposed project does not include any new construction and therefore, does not have the potential to create adverse impacts upon site stability or structural integrity. As a result, the findings in LIP Section 9.3 are not applicable.

G. Shoreline and Bluff Development (LIP Chapter 10)
The Shoreline and Bluff Development Chapter governs those CDP applications that include development on a parcel located along the shoreline as defined by the LCP. The required findings and analysis must be made for development located on a site along the shoreline or a coastal bluff where it is determined that the proposed project causes the potential to create adverse impacts upon said resources. The requested change of use is a beachfront property on the south side of PCH but the proposed project does not include any modification to the existing structures or new structures. No construction is proposed.

As a result, the findings in LIP Section 10.3 are not applicable.

H. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the Land Use Plan or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

The project is new development between the nearest public roadway and the sea but does not result in blockage of any existing public access. Public access to the ocean exists nearby at an existing access path approximately 850 feet to the east of the subject property. The proposed project will not impede existing public access along the beach and therefore, the requirement for public access in LIP Section 12.4 does not apply and further findings are not required.

I. Land Division (LIP Chapter 15)
The project does not include a land division. Therefore, the findings of LIP Chapter 15 are not applicable.

MMC Findings

Conditional Use Permit Findings for New Motel Use (MMC Section 17.66.080) The proposed CUP will allow for the existing, non-conforming multi-family residential use consisting of nine units to convert to a commercial visitor-serving motel with nine rooms and an ancillary motel manager’s office, which is a conditionally permitted use in the CV1 zoning district subject to a CUP. The Planning Commission may approve, deny, and/or modify a CUP in whole or in part, with or without conditions, provided that it makes all of the findings of fact required by MMC Section 17.66.080. All of the CUP findings are provided below.

Finding 1. The proposed use is conditionally permitted within the subject zone and complies with the intent of all of the applicable provisions of the Malibu Municipal Code Title 17 (Zoning).

Pursuant to MMC Section 17.26.030(C), a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing, legal nonconforming residential units that are primarily being used as permitted STRs to a commercial visitorserving motel. The motel would also use the existing commercial building for an ancillary motel manager’s office. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on submitted reports, project plans, visual

analysis and site investigation, the proposed project, as conditioned, complies with all applicable provisions of the MMC and the LCP.

Finding 2. The proposed use would not impair the integrity and character of the zone in which it is to be located.

The proposed motel use is compatible with the uses in the vicinity of the subject property, which include retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55 (Short-Term Rental of Property). The CUP request would bring the use of the property into conformance with the commercial visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the existing structures. The proposed motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to provide commercial visitor-serving overnight accommodations.

Finding 3. The subject site is physically suitable for the type of land use being proposed.

The subject property is a beachfront property located along PCH and the surrounding development is comprised of restaurants, motels, retail, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities which serve the subject property are located within the PCH right-of-way. The site is physically suitable for the proposed use as it contains the required amount of parking.

Finding 4. The proposed use is compatible with the land uses, if any, presently on the subject property and in the surrounding neighborhood.

The property's surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. Further west of the property are the Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

Finding 5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitor-serving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of-town visitors alike. Therefore, the proposed motel is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

Finding 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety and the project does not affect solar access or adversely impact existing public and private views, as defined by staff.

The existing multi-family development contains adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would not constitute an intensification on the site and in no way be detrimental to public health and safety.

Finding 7. There would be adequate provisions for public access to serve the subject parcel.

Access to the subject property is from PCH. The public, as well as emergency vehicles, would enter and exit the site via existing curb cuts for the entrance and exit along PCH.

Therefore, there are adequate provisions for public access to serve the subject parcel.

Finding 8. The proposed use is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan
The request for a conditionally permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan. The General Plan defines the CV zone as providing visitor-serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor-serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor-serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhance and upgrade the environment of the commercial areas.

LU Policy 6.1.1: The City shall use development standards and procedures that protect the property owners’ reasonable use of their land consistent with the goals and policies of this General Plan.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations. The motel would contribute to the visitor-serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

Finding 9. The proposed project complies with all applicable requirements of state and local law.

Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

Finding 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare.

The conditionally permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use.

Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare.

Finding 11. If the project is located in an area determined by the City to be at risk from earth movement, flooding or liquefaction, there is clear and compelling evidence that the proposed development is not at risk from these hazards.

The proposed project does not involve any further development of the property. Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Community Development Director has analyzed the proposed project. The Community Development Director found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment.

Therefore, the proposed project is categorically exempt from the provisions of CEQA pursuant to Section 15301(a) – Existing Facilities. The Community Development Director

has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

CORRESPONDENCE: To date, staff has not received correspondence regarding the subject application.

PUBLIC NOTICE: On November 6, 2025, staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 500-foot radius of the subject property (Attachment 5).

SUMMARY: The required findings can be made that the proposed project complies with the LCP and MMC. Further, the Planning Division’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommends approval of this project, subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 25-62. The proposed project has been reviewed and conditionally approved for conformance with the LCP by the Planning Division and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 25-62

2. Site Plan Approved by APR No. 22-017

3. Department Review Sheets

4. Room Rate Analysis

5. Public Hearing Notice
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ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25-62

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-040 AND
CONDITIONAL USE PERMIT NO. 21-008 FOR A CHANGE OF USE FROM

EXISTING NON-CONFORMING MULTI-FAMILY RESIDENTIAL USE TO A

CONFORMING, COMMERCIAL VISITOR-SERVING MOTEL USE AND THE

UTILIZATION OF THE EXISTING, VACANT COMMERCIAL STRUCTURE AS AN ANCILLARY MOTEL MANAGER’S OFFICE ON A PROPERTY

LOCATED IN THE COMMERCIAL VISITOR SERVING-ONE ZONING
DISTRICT LOCATED AT 22800 PACIFIC COAST HIGHWAY (CARBON

INVESTMENTS)
The Planning Commission of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On September 17, 2021, an application for Conditional Use Permit (CUP) No. 21- 008 was submitted to the Planning Division by the applicant, Pacific Coast Management, LLC, on behalf of the property owners, Carbon Investments, for the change of use. The application was routed to the City Environmental Health Administrator for review. Coastal Development Permit (CDP) No. 23-040 was later added to the project because it includes a change in land use.

B. On October 27, 2021, Planning Division staff conducted a site visit to document the existing conditions.

C. On February 1, 2023, the CUP application was deemed complete for processing.

D. On June 22, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

E. On July 17, 2023, the Planning Commission continued the public hearing on the subject application to the August 7, 2023 meeting of the Planning Commission.

F. On August 7, 2023, the Planning Commission continued the item to a date uncertain.

G. On July 10, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

H. On August 4, 2025, the Planning Commission continued the item to a date uncertain.

I. On November 6, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

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J. On December 1, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission has found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA according to CEQA Guidelines Section 15301(a) – Existing Facilities. The Planning Commission has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on the evidence contained within the record, including the agenda report for the project and the hearing on August 4, 2025, and pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP), including Sections 13.7(B) and 13.9, and the Malibu Municipal Code (MMC), the Planning Commission makes the findings of fact below, and approves CDP No. 23- 040 and CUP No. 21-008 for the change of use from an existing, nonconforming multi-family residential use to a conforming, commercial visitor-serving motel use and the utilization of the existing, vacant commercial structure as an ancillary motel manager’s office on a property located in the Commercial Visitor Serving-1 (CV-1) zoning district located at 22800 Pacific Coast Highway (PCH).

The project is consistent with the LCP’s zoning. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. Coastal Development Permit Findings (LIP Chapter 13) CDP No. 23-040 would authorize a change in use from multi-family residential with nine units to a commercial visitor-serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-1 zone are authorized by this CDP.

1. The proposed project has been reviewed for conformance with the LCP by the Planning Division and the Environmental Health Department. The proposed project, as conditioned, conforms to the certified City of Malibu LCP in that it meets all the required zoning standards.

2. The subject parcel is located between the first public road and the sea. The project does not propose any construction or alterations to the existing structures. Therefore, there are no impacts to public access or recreation by the project. LIP Section 12.10 states the City may approve new luxury overnight visitor accommodations if the evidence shows that the project provides a component of lower cost overnight visitor accommodations, such as a campground, Recreational Vehicle park, hostel, or lower cost hotel or motel rooms. The LIP requires the DRAFT
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applicant to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved. Luxury overnight accommodations are defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu. The applicant provided a Room Rate Analysis which analyzed the average nightly room cost of the six existing hotels/motels within the City of Malibu by sourcing the rates of each room on the same dates in January 2025 and July 2025 using both weekday and weekend rates. The analysis established the average room rate of the six hotels/motels to be $1,004 per night and an overall median cost of $616 per night. Based on the established median rate of 120% and per the definition of “luxury overnight accommodations”, a nightly rate must be a minimum of $740 to fall into such category.

The applicant states that the proposed motel on the subject property will have an average nightly room rate of $415 which is well below the 120% median. Therefore, the proposed motel does not qualify as a luxury overnight accommodation and the requirements of LIP Section 12.10 do not apply. As such, the proposed project conforms to the public access and recreation policies of Chapter 3 for the Coastal Act of 1976.

3. The proposed project consists of a change of use from multi-family residential to a motel. The proposed motel use is a conditionally permitted use in the CV-1 zone. The proposed project does not consist of any construction or alteration to the existing structures. The change of use does not present potentially significant impacts to coastal resources or environmentally damaging impacts due to no proposed changes to the existing structures.

B. Conditional Use Permit Findings (MMC Chapter 17.66)
CUP No. 21-008 would permit the conversion of the existing multi-family residential use with nine units to a commercial visitor-serving motel with nine guest rooms and an ancillary motel manager’s office. No other conditionally allowed uses in the CV-1 zone are authorized by this CUP.

1. Per MMC Section 17.26.030.C, a motel is a conditionally permitted use in the CV1 zone. The requested CUP will enable the conversion of the existing nonconforming residential units that are primarily being used as nightly Short-Term Rentals (STRs), to a conforming visitorserving motel. The proposed project has been reviewed for conformance with the MMC and LCP by the Planning Division and City Environmental Health Administrator. The proposed project complies with all applicable provisions of the MMC and LCP including in LIP Chapter 3 (Zoning) and other relevant sections of the LIP including LIP Section 12.10 (Public Access) and LIP Chapter 18 (OWTS).

2. The proposed motel use is compatible with the uses in the vicinity of the subject property, including retail, restaurants, the Malibu Pier, as well as other motels, hotels, and multifamily residential development. The existing residential units on the subject property have been utilized as permitted STRs since 2021, in accordance with the applicable requirements of MMC Chapter 17.55. The CUP request will bring the use of the property into conformance with the visitor-serving intent of the CV-1 zone. The CUP request does not include alterations to the structure. The motel use will therefore conform with the intent of the CV-1 zone and surrounding environment because the primary use of the property would continue to be affordable visitorserving overnight accommodations.

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3. The subject property is a beachfront property located along PCH with nearby restaurants, retail, motels, and other commercial development, as well as multi-family residential development. The intensity and density of the proposed use is commensurate with that of the surrounding development. Existing utilities that serve the subject property are located within the PCH right-of-way. The site is physically suitable for the proposed use as it contains the required amount of parking.

4. The property’s surrounding neighborhood contains a variety of uses including hospitality and visitor-serving commercial uses, and multi-family residential uses. Further west of the property are Malibu Pier and Surfrider Beach, which are prominent tourism locations in the city. The proposed motel use is compatible with the surrounding uses and will provide support for the existing visitor-serving uses in the surrounding area.

5. As discussed in Finding 4, the proposed use is compatible with the existing land uses within the CV-1 zone and surrounding commercial zones. Future land uses in the general area surrounding the subject property are expected to retain their current commercial and visitorserving uses given the surrounding zoning districts. The intent of the CV-1 zone is to provide commercial and visitor-serving uses that serve residents, local visitors, and out-of-town visitors alike. Therefore, the proposed motel use is compatible with the existing and future land uses within the CV-1 zone and the surrounding area.

6. The existing multi-family structures contain adequate provisions for water, sanitation, and public utilities and services. The proposed motel use will have no greater impact on the water supply, sanitation, public utilities and/or services in comparison to the existing use and the proposed change in use would not constitute an intensification on the site and in no way be detrimental to public health and safety.

7. Access to the subject property is from PCH. The public, as well as emergency vehicles would enter and exit via existing curb cuts for the entrance and exit along PCH. Therefore, there are adequate provisions for public access to serve the subject parcel.

8. The request for a conditionally-permitted motel use on the subject property is consistent with the goals, objectives, policies, and general land uses of the Malibu General Plan.

The General Plan defines the CV-1 zone as providing visitor serving uses which serve visitors and residents such as hotels and restaurants which respect the rural character and natural environmental setting. Visitor serving uses such as motels and hotels shall be consistent with compatible accessory uses, shall protect the surrounding properties, shall ensure safe traffic circulation and shall promote economically viable visitor serving areas of the City.

The project is consistent with the following land use (LU) policies of the General Plan:

LU Policy 3.2.1: The City shall permit the development of commercial recreational and visitor servicing facilities at suitable locations which provide convenient public access, adequate infrastructure, convenient parking and, when feasible, are located where existing low cost recreational uses will be enhanced.

LU Policy 4.1.2: The City shall encourage redesign and adaptive reuse of existing structures.

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LU Implementation Measure 67: Require a commercial planned development permit for any commercial development or change of use of existing development to assure compliance with current codes to enhanced and upgrade the environment of the commercial areas.

LU Policy 6.1.1: The City shall use development standards and procedures that protect the property owners’ reasonable use of their land consistent with the goals and policies of this General Plan.

The proposed visitor-serving motel use supports the General Plan's objective to permit the development of commercial visitor-serving facilities at suitable locations. The motel would contribute to the visitor-serving areas for use by tourists. The property will not be physically altered by the conditionally-permitted motel use. Therefore, the proposed motel use is in alignment with the General Plan’s objective for visitor-serving facilities in suitable locations and to limit development impacts on the City's natural and environmental resources.

9. Motels are a conditionally permitted use in the CV-1 zoning district. The project has been reviewed by the Planning Division and the City Environmental Health Administrator. As discussed herein, based on the submitted reports, project plans, visual analysis and site investigation, the project, as conditioned, complies with all applicable requirements of State and local law.

10. The conditionally-permitted motel use will be a compatible visitor-serving use in the immediate area for tourists and residents, particularly with the adjacent existing commercial uses, Malibu Pier and Surfrider Beach. The proposed use does not involve changes to the physical character of the property nor increase the intensity of use. Therefore, the motel use would not be detrimental to the public interest, health, safety, convenience or welfare.

11. The proposed project does not involve any further development of the property.

Therefore, the proposed project is not at risk from earth movement, flooding, liquefaction, or other potential hazards.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-040 and CUP No. 21-008, subject to the following conditions.

SECTION 5. Conditions of Approval.

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the DRAFT
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City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Change of use from an existing multi-family residential use with nine units to a commercial visitor-serving motel (as defined in LIP §2.1) with nine guest rooms and an ancillary motel manager’s office.
b. No development is approved.
c. No onsite food or alcohol service is approved.

3. Except as specifically changed by conditions of approval, the authorized use must be operated in substantial conformance with the approved scope of work.

4. The operation of the authorized use shall comply with all conditions of approval stipulated in this Resolution.

5. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes, and returns the Acceptance of Conditions Affidavit for Recordation accepting the conditions of approval set forth herein.

The applicant shall file this form with the Planning Division within 30 days of this decision or prior to issuance of any subsequent permits from the City.

6. The applicant shall digitally submit a complete set of plans to the Planning Division for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Community Development Director upon written request of such interpretation.

8. All development shall conform to the requirements of the City of Malibu Environmental Sustainability Division and City Environmental Health Administrator as applicable.

Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the conditions of approval may be approved by the Community Development Director, provided such changes achieve substantially the same results and the project is still in compliance with the Malibu Municipal Code.

10. The property owner must submit payment for all outstanding fees payable to the City prior to commencement of the conditionally permitted use.

Site-Specific Conditions

11. The property owner / operator shall adhere to a “good neighbor” policy, meaning that the operator and employees must respect the rights of neighboring properties and, to the best of their ability, shall ensure their patrons’ compliance with the City’s noise and smoking regulations and all conditions of approval for the subject use relating to parking, smoking, litter, noise, loitering, etc.

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12. Noise emanating from the premises shall not be plainly audible at a distance of five feet of any residential unit between the hours of 10:00 p.m. and 7:00 a.m., as required by MMC Section 8.24.050(L).

13. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Division prior to installation of any new sign or modification of existing signage.

14. Unless exterior lighting is approved by the City, no exterior lighting is permitted under this permit.

15. Should the commercial structure fronting PCH not operate as an ancillary motel manager’s office, an amendment to this CUP shall be required for any proposed change of use.

16. The Community Development Department shall inspect the Property (as needed) to verify compliance with the conditions of approval.

17. The CUP may be reviewed by the Community Development Director (or designee) and/or Planning Commission on an as-needed basis at the discretion of the Community Development Director (or designee) or Planning Commission. Should it be determined that a review is required, the Property Owners shall pay the Planning Division site inspection fee in effect at the time of request for a site inspection. A planner will conduct a site visit to verify compliance with the provisions set forth in this resolution. If necessary, the Community Development Director (or designee) will determine whether the CUP may be brought back to the Planning Commission for additional conditions to mitigate and/or prevent nuisances that were identified during the site inspection or made aware of by members of the public. Possible mitigation measures can include:
a. Modifying the hours of operation;
b. Incorporate noise mitigating measures / devices;
c. Traffic safety measures;
d. Land use intensification or reconfiguration of any shared parking (if applicable) that would result in a parking demand greater than approved under this CUP; or e. Other measures deemed necessary by the Planning Commission.

18. The Community Development Department shall inspect the Property (as needed) to verify compliance with the conditions of approval.

Fixed Conditions

19. The conditions under which this CUP was approved may be modified by the City without the consent of the property owner, tenant or operator if the Planning Commission finds that the use is creating a nuisance.

20. A CUP that is valid and in effect, and was granted pursuant to the provisions of the MMC, shall run with the land and continue to be valid upon change of ownership of the land or lawfully existing structure.

21. Violation of any of the conditions of approval shall be cause for revocation of the CUP and termination of all rights contained therein.

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22. This CUP shall become subject to revocation should the use for which the conditional use permit was granted cease for six successive calendar months after the start of operations, except in the case of natural disaster.

23. If it has cause to believe that grounds for modification or revocation may exist, the Planning Commission shall hold a public hearing upon the question of modification or revocation of this conditional use permit pursuant to MMC Section 17.66.100(C). The CUP may be revoked if the Planning Commission finds that one or more of the following conditions exists:
a. The CUP was obtained in a fraudulent manner.
b. The use for which the CUP was granted has ceased or was suspended for at least six successive calendar months, absent a natural disaster. c. One or more of the conditions found within this resolution have not been substantially met.

SECTION 6. The Planning Commission shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 1st day of December 2025.

______
ELIZABETH RIDDICK, Planning Commission Chair
ATTEST:

REBECCA EVANS, Recording Secretary
LOCAL APPEAL – Pursuant to Local Coastal Program Local Implementation Plan (LIP) Section

13.20.1 (Local Appeals) a decision made by the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org, in person at City Hall, or by calling (310) 456-2489, ext. 246.

COASTAL COMMISSION APPEAL – An aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling (805) 585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

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Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 25-62 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 1st day of December 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
REBECCA EVANS, Recording Secretary
EXISTING VACANT SINGLE STORY BUILDING #22800 NOT INCLUDED IN PROJECT APPLICATION EXISTING TWO STORY BUILDING #22802 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT) EXISTING TWO STORY BUILDING #22804 (FIRE SPRINKLER SYSTEM TO BE PROVIDED ON SEPARATE PERMIT)

PARKING AREA EXISTING WOOD DECK (OPEN SPACE) SAND / BEACH AREA

PACIFIC COAST HIGHWAY

SIDEWALK
187'-0 1/2"
67'-1" 184'-6"
70'-0" EXISTING DRIVEWAY ENTRANCE EXISTING DRIVEWAY EXIT PEDESTRIAN ACCESS PATH FROM PARKING AREA EXISTING STATUE POST 5'-0" FIRE DEPT. ACCESS PATH EXISTING LANDSCAPED AREA 26'-0" 26'-0" 10'-0" 8'-6" 26'-0" 26'-0"
8'-6" 3'-0" 15'-0" 26'-0"
8'-9"
8'-9" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" 7'-6" NEW TRASH / RECYCLING LOCATION 9 EXISTING PARKING SPACES FOR RESIDENTIAL BUILDING NEW ACCESSIBLE PARKING N10 NEW UNALLOCATED PARKING N11 NEW UNALLOCATED PARKING N13 NEW UNALLOCATED PARKING N12 NEW UNALLOCATED PARKING N14 NEW TIRE STOPS (TYP.) 5'-0" FIRE DEPT. ACCESS PATH REMOVE EXISTING HEDGE 26'-0" REMOVE EXISTING PARKING STRIPING REMOVE EXISTING PARKING STRIPING 10'-6" EXISTING

DRIVEWAY
19'-0"

EXISTING DRIVEWAY
E1
E2
E3
E4
E5
E6
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0"
17'-0" 9'-0" N1 N2 N3 N4 N5 N6 N7 N8 N9 NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) NEW PARKING STALLS (NEW STRIPING) 12'-0" NEW TIRE STOPS (TYP.)
10'-0" 52'-0" 10'-0" NEW PARKING STALL DIMENSIONS
EXISTING HEDGE 18'-0"
9'-0" 5'-0"
6'-0" 6'-0"RELOCATE (E) TRASH / RECYLE.
(E) TRASH / RECYLE. NEW PLANTER NEW PLANTER A-1.00 SITE PLAN DRAWING TITLE: DRAWING NUMBER: DATE ISSUE/REVISION 09-27-2022 PLANNING REVIEW 22802-22804 P.C.H. ARCHITECT HERBER DESIGN JASON HERBER C35679 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 830 TEAGUE DR. SANTA PAULA, CA 93060 T: 310.428.0867 CAPITOLINE DESIGN INC. D.B.A. 22802-22804 PACIFIC COAST HWY. MALIBU, CA 90265 STRUCTURAL ENGINEER -- APN # 4452-004-032 SITE PLAN 1 SCALE 1/8" = 1'-0" AREA CALCULATIONS N LAND AREA (GROSS): 11,725 SQ. FT. LAND AREA (NET): 9,025 SQ. FT. SITE COVERAGE UNALLOCATED BUILDING: 598 SQ. FT. RESIDENTIAL BUILDING: 2,100 SQ. FT. COVERAGE: 23% LANDSCAPED AREAS PLANTERS: 356 SQ. FT. PAVED PEDESTRIAN AREAS: 320 SQ. FT. TOTAL: 676 SQ. FT. PARKING SUMMARY RESIDENTIAL: 9 SPACES ACCESSIBLE SPACE: 1 SPACE UNALLOCATED: 4 SPACES TOTAL PARKING PROVIDED: 14 SPACES PARKING DIAGRAM KEY NEW PARKING N1, N2, N3, N4, N5, N6, N7, N8, N9 N10, N11, N12, N13, N14 STRIPING EXISTING PARKING E1,E2,E3,E4,E5,E6 STRIPING NEW LANDSCAPING KEY DWARF NON-FRUITING OLIVE TREE (36 TOTAL) ATTACHMENT 2

ENVIRONMENTAL HEALTH REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-3356 www.malibucity.org
FROM:

TO: City of Malibu Environmental Health Administrator
City of Malibu Planning Department DATE: 9/15/2021
APPLICANT / CONTACT: Val Zingaro, Pacific Coast Management, LLC APPLICANT ADDRESS: PO BOX 25070
APPLICANT PHONE #: (718)483-1995
APPLICANT FAX #:

PROJECT DESCRIPTION: Convert apartments to Motel
Ventura, CA 93002
PROJECT NUMBER: CUP 21-008
JOB ADDRESS: 22800 PACIFIC COAST HWY
APPLICANT EMAIL: [email protected]
TO: Malibu Planning Department and/or Applicant
FROM: City of Malibu Environmental Health Reviewer
Conformance Review Complete for project submittals reviewed with respect to the City of Malibu Local Coastal Plan/Local Implementation Plan (LCP/LIP) and Malibu Municipal Code (MMC). The Conditions of Planning conformance review and plan check review comments listed on the attached review sheet(s) (or else handwritten below) shall be addressed prior to plan check approval.

Conformance Review Incomplete for the City of Malibu LCP/LIP and MMC. The Planning stage review comments listed on the City of Malibu Environmental Health review sheet(s) shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Signature Date
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether or not an onsite wastewater treatment system (OWTS) Plot Plan approval is required.

The Environmental Health Specialist may be contacted Tuesday and Thursday from 8:00 am to 11:00 am, or by calling (310) 456-2489, extension 364.

Rev 141008
October 7, 2021 (rev. July 24, 2025)
ATTACHMENT 3
City of Malibu
Environmental Health ● Environmental Sustainability Department 23825 Stuart Ranch Road ꞏ Malibu, California ꞏ 90265-4861 Phone (310) 456-2489 ꞏ Fax (310) 456-7650 ꞏ www.malibucity.org