Malibu Council approves local coastal program amendment to speed rebuilds; one abstention

The Malibu City Council on March 10, 2025, approved amendments to the local coastal program and ordinance No. 524 intended to expedite rebuild applications after recent fires, with a 3-0-1 vote (Council Member Silverstein abstained).

City staff told the council that an urgency ordinance (524U) adopting interim zoning text amendments took effect after adoption on March 6, 2025, and that the ordinance considered March 10 would take effect 30 days after adoption. The staff presentation said the local coastal program amendment will not take effect until it is certified by the California Coastal Commission.

The ordinance package is intended to expedite like-for-like rebuilds for properties affected by recent fires, provide relief consistent with the governor’s executive order, and address reconstruction issues for residents impacted by Woolsey, Franklin and Broad fires. City staff also said the council determined that the FEMA-related elevation issues fall within the governor’s executive order.

Public speakers raised operational concerns the council debated during the meeting. Paul Crescenti urged attention to septic tanks on beachfront properties to prevent pollution; Doug Birge, a local architect, described an industry meeting of design professionals to discuss issues such as wave action and septic systems; and Don Schmitz, speaking from long experience in the community, said, “Everything for the rebuild, for the Palisades fire is exempt, period. Full stop,” which he offered as his interpretation of the governor’s order and the council’s direction.

Council members and staff clarified limits and open questions. One council member said exemptions discussed at the meeting apply to like-for-like rebuilds (generally those not increasing footprint or height by more than 10%), and not to substantially different projects. Council members also pressed staff about height measurement rules when a property spans Pacific Coast Highway and the beachfront, noting the existing approach splits measurements by the midline of the building and measures the land-side height from the road centerline. City staff said the approved language was intended to cover situations where one side of a structure must be raised to meet FEMA recommendations while the other side is measured from the street.

A council member raised procedural concerns about speed and clarity, saying the city may be moving too fast and that ambiguous code language could produce unforeseen consequences; that council member repeated an intention to abstain from the vote because of unresolved ambiguities. City staff acknowledged there may be issues that require follow-up and said the city can return to amend the municipal code if problems arise.

On the procedural timeline, city staff noted the city sought to get the local coastal program amendment to the Coastal Commission for its April meeting; staff described that as the reason for the meeting’s urgency, while acknowledging that the item could also be submitted for later Coastal Commission hearings if necessary.

The motion to approve the ordinance package passed on a roll call vote with Council Member Conrad voting yes, Council Member Earing voting yes, Council Member Silverstein abstaining and Mayor Pro Tem Riggins voting yes. The council recorded that the urgency ordinance 524U had already been adopted on March 6, 2025, and that the non-urgency ordinance 524 would become effective 30 days after adoption unless otherwise acted upon.

The council closed the meeting after the vote; city staff and several council members noted follow-up work remains to address debris removal, septic systems on beachfront properties, and other technical issues that public speakers and builders raised.