Agenda packet, special meeting, first session — Malibu City Council, July 22, 2026 (part 2 of 2)

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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)

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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
22800 PCH - Room Rate Analysis
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 CCC and 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 aYordable visitor serving ocean front accommodations.

ATTACHMENT 4
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 / ANordable 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, December 1, 2025, at 6:30 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA 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.

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 and utilization of the existing, vacant commercial structure as an ancillary motel manager's office 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: November 6, 2025 ATTACHMENT 5

City of Malibu
23825 Stuart Ranch Road, Malibu, California 90265-4861
Phone (310) 456-2489 Fax (310) 317-1950 www.malibucity.org/owts Wastewater Management Program
Onsite Wastewater Treatment System Operating Permit
Address: 22800 PACIFIC COAST HWY Malibu, CA 90265
APN: 4452004032
Effective Date of Permit: May 31, 2018
Expiration Date of Permit: January 15, 2019
Operating Permit Number: 100113-001
Activity Type: Renewal
Owner: CARBON INVESTMENTS
Owner Mailing Address:

Management Company: NA
Management Co. Address: NA
System Type: Conventional
Building(s) Served: Commercial
Number of Systems: 1 of 1
The intent of an Operating Permit is to authorize the use of the subject onsite wastewater treatment system (OWTS) based on the inspection and assessment performed by a City of Malibu Registered Inspector attesting that the subject system is performing to its design intent. The issuance of an Operating Permit does not authorize or approve any modifications to the OWTS performed without benefit of Environmental Health approval and the issuance of a construction permit to perform such modifications. Additionally, the issuance of an Operating Permit does not authorize or approve the connection of any plumbing fixture to the subject OWTS without the benefit of Environmental Health approval and the issuance of a plumbing permit to install these plumbing fixture(s), without exception. Malibu Municipal Code Section 15.14.050 authorizes the issuance of an “Operating Permit” for OWTS that are determined to be operating as designed and intended. Failure to operate and maintain the OWTS in strict conformance to all approvals, applicable Federal, State, and City laws shall be justification for revocation of this operating permit and a misdemeanor violation punishable by up to $1,000.00 per day and up to six (6) months in jail per day per violation.

Receipt Date:

Fee Receipt
Receipt #:
23825 Stuart Ranch Road
Malibu, California 90265
City of Malibu
(310) 456-2489 FAX (310) 456-7650
www.malibucity.org
05/30/2018
Customer #: 7896
Station: COUNTER-EH
13861
Operator: cmanisco
Payee
Name/Address
Pacific Coast Management
Project List
Type Case # Property Address Occupant Fees Fee
Credit Card
Fees
Permit Total
Type
Fee
Other Fees 0003365 22800 PACIFIC COAST HWY $1,202.00 $28.37 $1,230.37 $1,202.00 $28.37 $1,230.37
Payments
Payment Type Total Payment Reference
Credit Card $1,230.37 05818G
$1,230.37
Fee Items
Other Fees Ref #: 0003365
Item Description Qty Fee Each Total Fee Payments Total Paid Previous
EH: Oper Com 1.00 $892.00 $892.00 $0.00 $892.00
EH: OWTS Code 1.00 $310.00 $310.00 $0.00 $310.00
Credit Card Fee 1.00 $28.37 $28.37 $0.00 $28.37
$1,230.37 $0.00 $1,230.37
TOTAL FEES $1,230.37
TOTAL PAYMENTS $1,230.37
TOTAL DUE $0.00

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22800 Pacific Coast Highway
CUP No. 21-008
October 14, 2021

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4. The Planning Department is in receipt of letters from the applicant stating that no outdoor lighting is proposed.

However, the Dark Sky Ordinance requires compliance with new exterior lighting requirements. Please provide exterior lighting plans to demonstrate compliance.

5. Please provide —
a. Proposed landscape area, if any
b. Proposed open space area, if any
If neither landscaping nor open space are proposed, please provide a letter stating that neither are proposed.

6. Provide a letter to the Planning Department stating the current status of the single-story commercial building which fronts onto the Pacific Coast Highway. MMC Section 17.02.060 (Definitions) states that motels shall not “…provide accessory uses such as restaurants or meeting rooms…”. The application must include a record of how this building is intended to be used since it is on the same property and the on-site parking is intended solely for the proposed motel use.

7. The property has been modified over the years. Please demonstrate that those modifications were established with permits or City approvals otherwise the project must be modified to comply with original approved plans. Please note that any unpermitted non-conformity must be addressed such as the number of parking spaces, space dimensions, aisle width, landscaping, etc.

8. Please confirm the ownership status of 22806 Pacific Coast Highway (APN 4452004044). The City’s GIS system displays two separate lots in this project area. See image below:
22800 Pacific Coast Highway
CUP No. 21-008
October 14, 2021

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9. Sheet A-1.0
a. Provide dimensions for each parking space1. Make sure those dimensions are consistent with approved plans or better. If additional parking spaces are required for the motel compared to the existing apartment use, a variance request would be required. Also, if the required parking spaces are the same for these two uses but the number of parking spaces have been decreased or dimensions decreased in conflict with the new code requirements, a variance would be required. b. Indicate that tire stops are provided for each parking space. Section 17.48.050.D.5 (Development standards) stipulates that tire stops shall be provided within all parking areas. c. Provide the necessary information displaying conformance with the parking lot landscaping requirements dictated in MMC Section 17.48.050.E:
a. A landscaped planter bed of at least five feet in width with a six-inch high cement concrete berm shall be installed along the entire perimeter except for those areas devoted to perpendicular accessways.
b. A minimum of five percent of the paved parking area shall be devoted to interior planting areas. Extensive use of trees is encouraged. All planting areas shall be at least three feet wide. Perimeter planting shall not be considered part of this required interior planting.

A full conformance review will be completed for the plans once these comments are addressed and new plans are submitted.

Outstanding Departmental Reviews:

10. Approval from the Public Works Department. Please contact Alyssa Gonzalez at (310) 456-2489, extension 262 for submittal requirements or review status.

11. Approval from the Los Angeles County Fire Department Fire Prevention Engineering Assistant. Please contact this agency at (818) 880-0341 for submittal requirements or review status.

Additional Fees and Documents:

12. A Notice of Application sign must be posted at the subject property. The sign will be provided to you and must be posted and then photographed for legal record. The posting may be done at any time before the project is deemed complete. Planning will provide the sign after the project description is finalized.

Document Submittals: Please note that the City requires that all documents be submitted in digital format.

Documents should be saved as an Adobe PDF as individual PDF files. Plans shall be grouped and named by discipline (e.g., architectural, grading, civil, etc.).

Additional comments may be forthcoming upon receipt of revised plans and/or new information. Please submit or address the above listed items within 45 days so that we may continue processing your request. If you have any questions, please contact me at (203) 962-9078, or at [email protected]. 1 MMC Section 17.48.050.D.7 (Development standards) states that parking stalls shall be at least 9 feet wide by 20 feet deep minimum.

Compact stalls shall be a minimum of 8 feet by 15 six inches and shall be marked for compact use only. Compact spaces shall not exceed 20 percent of the total number of spaces required. Please indicate the number of compact spaces and number of typical spaces and proof that the number of compact spaces does not exceed 20 percent of the number of required spaces. 22800 Pacific Coast Highway
CUP No. 21-008
October 14, 2021

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Sincerely,
Adam Pisarkiewicz
Contract Planner

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)

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

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PA 12-033
22800 Pacific Coast Highway
July 26, 2012
Page2of2
Pursuant to the permitted uses table in the Local Coastal Program (LCP), multifamily residential (i.e., apartments) is not a permitted in the applicable zoning district.

Permitted uses in the applicable zoning district are limited to commercial development. Pursuant to LIP Section 3.8(5)(a), the gross square footage of all buildings on a given parcel shall be limited to a maximum floor area ratio (FAR) of 15 percent of the lot area. As the square footage of the existing apartment buildings may already exceed the maximum FAR, new square footage would not be permitted.

The rear portions of the buildings appear to have additions without the benefit of permits.

If it could not be verified that these additions were constructed with permits, modifications to these areas cannot be permitted.

The wall/hedge in between the partment buildings and the restaurant and trash enclosure appear to have been constructed without the benefit of Planning approval.

These structures eliminated several required parking spaces and adversely affect circulation and Fire Department access.

Additional information from a complete application submittal would be required to establish conformance with applicable design and development standards. This review letter is nonbinding and may not be construed as a zoning approval. It is based solely on applicable regulations, policies, and interpretations effective at the time of the review. Any changes to . applicable zoning regulations, policies and/or interpretations may result in a different determination at a later date and may require modifications to the project.

If you have any questions, do not hesitate to contact me at (310) 456-2489, extension 482, or at [email protected].

Adrian Fernandez
Assistant Planner
From: Bill Sampson
To: Planning Commission; Elizabeth Riddick; Dennis Smith; John Mazza; Skylar Peak; Marni Kamins Subject: Re: Item 5B (LaSalsa) meeting of August 4, 2025 Date: Sunday, August 3, 2025 6:22:31 PM
Attachments: MTCoppositionlasalsamotel.clean copy.docx
Honorable Commission members:

I am the president of the Malibu Township
Council. I attach the opposition of the Malibu
Township Council to the above-referenced
proposal as proposed. I have additionally
authorized as president other members of the
Board of Directors of MTC, including without
limitation, Jo Drummond, Patty Healy, Ryan
Embree, to address this item as all have
viewpoints quite worthy of your consideration as
you take the correct step and deny this
application.

May I also add that the staff report continually
insists that there is compliance with MMC without
ever mentioning the Vision and Mission
Statements, with which the project is not in
compliance. See Malibu Municipal Code Section

17.02.030 which sets forth those statements
verbatim and makes them part of our governing
law. As you probably know they are likewise set
forth in the General Plan Section 1.0. THEY ARE
THE LAW GOVERNING MALIBU above all others.

Thank you for your consideration
Bill Sampson, President, Malibu Township Council
Civic Guardian Since 1947
August 4, 2025
RE: Item 5 B - CDP 23-040 CUP - 21-008 - La Salsa Motel and former commercial space Position: more information needed for approval
Honorable Planning Commission,
Since 1947, the Malibu Township Council has advocated for responsible development that protects the rural character and safety of our community.

The project cannot proceed as submitted for the following reasons:

1. What has historically been the accurate bedroom or fixture count for the "apartments". OWTS operating permits attached from 2010 and 2016 state the number of bedrooms at "10" and the number of fixture counts at 113. And then the latest in 2018 states there are 8 bedrooms and 94 fixtures. In 2021 the application submitted was for two 4-unit residential structures to be converted to an 8-room motel. Suddenly in July 2025 this was revised to 9 bedrooms without any explanation. If a remodel took place illegally within the apartments structures this would 1. require a new AOWTS and also. require a larger OWTS that could handle at least 94 fixture counts where the current 2200-gallon tank only handles less than 55 fixture counts as per the MMC. The prior applications asked for existing photos or evidence of what was there prior to this application yet we could not find them.

Were they never submitted ?

2. The adjacent commercial PCH restaurant remains closed and apparently uses the same parking. This is just like Malibu Inn/Dreamland/Aviator Nation being contiguous with common ownership but conveniently ignoring the adjacent use. There are not enough dedicated spots for both commercial uses of this property. In addition, there is not the required parking for the proposed 9 units plus the onsite manager site and cleaning staff parking for this motel use. Furthermore under Malibu’s definition of a motel, motel room parking is supposed to have direct access to guest rooms which is not possible here.

2. The Serial-Development for the former La Salsa restaurant building remains a BIG RED FLAG.

Perhaps a demolition permit is in order or should be required to ensure that one approval does not create further non-conformance of business operations for the remaining/adjacent use/parcel. There would however, NOT be enough parking for both uses.

3. There is missing a Motel business office and/or caretaker's unit, the requisite parking for that use would be analyzed in the Application. Further investigation into the history of permits and/or code violations for the former La Salsa building needs to occur as it is rather lacking in this Application, AGAIN, as it was in the former attempt two years ago.
4 What's with the Septic performance, inspection, capacity? The existing septic system does have regular performance issues likely because it is too small for the large usage there.

5. Why was the former Application withdrawn? or denied? Established to promote, stimulate and further community spirit, to sponsor any project of merit that may benefit any district of Malibu Township, to foster and promote the cultural development of the Township; and in general, to do all things that tend to build and uphold the character of this residential area.
— Malibu Township Council Articles of Incorporation, January 2, 1947

MALIBU TOWNSHIP COUNCIL
PO BOX 803
MALIBU, CA 90265
2 6. If a motel use is allowed there will be a loss of 9 residential units. Is this a good idea when due to Civic Guardian Since 1947 the fires in the past seven years there is a loss of residential housing since many of the lost homes will never be rebuilt. This is something the Planning Commission should consider..

7. The future use of the la Salsa restaurant needs to be included in this application before a decision on this conversion can be made.

Beachfront Business Uses are Always About the Parking
The requirement for 2 ADA spaces is triggered at some point, which is pertinent to this Application.

This property has long been used for transient housing rented by the hour!. A minimum standard for rental use must be included in any CUP granted with a certain and substantial portion being held for long term housing that is required within our City's housing element.

Please delay approval of this project until all of the above concerns are answered in an updated staff report.

Thank you for your consideration of our concerns.

Sincerely Malibu Township Council
Bill Sampson , President
From: Malibu Township Council
Sent: Sunday, November 30, 2025 8:39 PM
To: Planning Commission <[email protected]>; John Mazza ; Drew Leonard ; Elizabeth Riddick
; Marni Kamins ;
Skylar Peak ; Gail Duncan <[email protected]>
Cc: Bill Sampson ; Patt Healy ; Tyler Eaton
<[email protected]>; Jyoti Drummond ; Rebecca
Evans <[email protected]>
Subject: La Salsa motel - potential email to pc after discussing with Patt Hope you all had a very Happy Thanksgiving, Planning Commissioners et al… I’m writing on behalf of Malibu Township Council to share that we are now satisfied with the attached proposed CDP application. We appreciate the clarification that the former commercial structure (the old restaurant) will be incorporated into the project as the onsite manager’s office for the proposed 9-room motel. This ensures that all parking is dedicated solely to the motel use and not shared with an independent commercial operation.

We are also pleased to see confirmation—through verified County documentation—that all nine units with bathrooms were previously permitted. The only remaining correction needed is on page 25 of the staff report (see attached below), where the plans currently label the structure as:
“EXISTING VACANT ONE-STORY BUILDING 22800 — NOT INCLUDED IN PROJECT APPLICATION.”
This should be revised to accurately reflect its intended use as the proposed manager’s office, consistent with the updated project description. We also ask that staff reconfirm zoning compliance for the consolidated use.

We further request that a condition be added ensuring the project may never exceed the allowable limit for low-cost visitor-serving accommodations.

Finally, we want to highlight a meaningful community benefit:

By formalizing these nine units as a regulated motel use—rather than allowing them to function as quasi–short-term rentals—the project removes transient lodging activity from the residential context and consolidates it into a single, properly supervised operation. A motel with an on-site manager provides predictable oversight, consistent parking patterns, enforceable quiet hours, and compliance with safety and operational standards. This transition reduces neighborhood impacts and contributes to greater long-term stability for surrounding residents.

Thank you very much,
Jo Drummond
on behalf of Malibu Township Council

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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.

Page 2 of 15 ends

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.”

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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,

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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

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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.

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.

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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

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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.

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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.

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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

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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.

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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.

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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

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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.

DRAFT
Resolution No 25-62

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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
Resolution No 25-62

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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 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.

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.

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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

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:

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

Page 2 of 2 ends

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.

ATTACHMENT 4

From: Mari Stanley
To: Planning Commission
Subject: Item 5C Planning Commission mtg 12/1/25 CORRECTION FOR RECORD Permit 23-040 22800 PCH Date: Monday, December 1, 2025 1:37:31 PM
Hello,
I initially submitted the following under wrong Subject matter, this is the proper format in Subject line and body of message I want on record.

Thank you - Mari Stanley 1:34pm dated 12/1/2025
Item 5C -
I solidly object to the conversion of apartments at 228800 PCH to a motel or worse...Short Term Rentals! Malibu needs housing for Malibu residents and does NOT need additional congestion in the most under parked commercial stretch of Pacific Coast Highway. Congestion in that area harms existing business, stymies interest in potential new business opportunities and seriously undercuts the ability of residents and visitors to access homes and businesses. How is this viewed as any form of advantage to our community - it solely advances and enhances the requesting ownership of one property at the risk of damages to the surrounding area businesses and long standing true residences/family homes.

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on WEDNESDAY, July 22, 2026, at 2:00 p.m. in the Council Chambers, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA, on the project identified below.

APPEAL NO. 25-009 - An appeal of Planning Commission Resolution No. 25-62 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
Location: 22800 Pacific Coast Highway
APN: 4452-004-032
Zoning: Commercial Visitor-Serving-1
Environmental Review: Categorical Exemption CEQA Guidelines Section 15301(a) Applicant: Pacific Coast Management, LLC
Owner: Carbon Investments
Appellant: Bill Sampson, Malibu Township Council President Application Filed: September 17, 2021
Appeal Filed: December 11, 2025
Case Planner: Adam Pisarkiewicz, Contract Planner
(949) 489-1442
[email protected]
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 Community Development 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 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).

PROCEDURE: A written staff report will be available 30 days prior to the hearing for the project.

Any written comments or audiovisual materials 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 16, 2026. No additional materials from any party or the public will be accepted after these deadlines. All materials should be emailed to [email protected] To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation. All persons wishing to address the Council regarding this matter will be afforded an opportunity in accordance with the Council’s procedures.

Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours.

Exhibit F
COASTAL COMMISSION APPEAL – An aggrieved person may appeal the approval of the Coastal Development Permit only 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 COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS

NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.

If there are any questions regarding this notice, please contact the assigned case planner.

Yolanda Bundy, Community Development Director
Publish Date: June 18, 2026

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET SUITE 200
VENTURA, CA 93001-2801
PH (805) 585-1800 FAX (805) 641-1732
WWW.COASTAL.CA.GOV
July 17, 2023
Adrian Fernandez, Assistant Planning Director
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
Subject: 22800 Pacific Coast Highway - Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 and 22959 Pacific Coast Highway (Malibu Inn Motel) Dear Mr. Fernandez:

Commission staff has reviewed the staff report for the subject permit application that is scheduled to be considered by the City of Malibu Planning Commission on July 17, 2023, and we have several comments. The subject permit application includes the change of use of 2 existing residential buildings containing a total of 9 multi-family units to be converted into commercial motel rooms. The CUP request does not include any structural alterations, construction, additions, or demolition to the subject property.

We understand that the conversion of the residential units into motel rooms is recognized as new development as stated in the Staff Report prepared on July 6, 2023, under the findings for Public Access. We recommend that the Staff Report should incorporate a full analysis regarding Public Access as required by the LCP under LIP Chapter 12. The Staff Report contains a brief section covering the requirement to provide public access through the use of vertical and lateral access to the ocean, trails, and recreational areas where new development is proposed between the nearest public roadway and the sea.

We also recommend that the Staff Report should include an analysis on the cost for overnight accommodations at the motel as no information or findings were provided.

The Staff Report should indicate what the Applicant proposes to price the motel rooms at and should include findings that involve whether the cost to stay overnight meets the definition of luxury overnight accommodations as required under the Malibu LCP.

Applicants are required to provide lower cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved. The LCP defines luxury overnight accommodations 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 Staff Report fails to include any analysis as to whether the proposed project meets the definition of luxury overnight accommodations, whether a component of lower cost accommodations is provided onsite or if other mitigation measures such as the payment of the in-lieu fee are required and conditioned appropriately.

Exhibit G
2 We also would like to reiterate our comments and recommendations regarding the Malibu Inn Motel analysis on luxury overnight accommodations and providing lower cost accommodations on site rather than providing payment through the in-lieu fee. Please see the attached document that contains the April 13, 2023 letter regarding the Malibu Inn Motel addressed to the Planning Commission. Thank you for your consideration of our comments. Please feel free to contact me if you have questions.

Sincerely,
Jonathan Hasbun
Coastal Program Analyst
cc: Richard Mollica, Planning Director, City of Malibu

Malibu City CouncilJuly 22, 2026

Malibu City Council
July 22, 2026