Planning commission recommends city adopt updated ADU rules to align with state law

The Malibu Planning Commission on Aug. 18 recommended the City Council adopt a zoning-text amendment to the Malibu Municipal Code to update rules for accessory dwelling units, commonly called ADUs.

The recommended resolution (No. 25-65) asks the council to approve zoning text amendment 25-003 to revise Title 17 of the municipal code. The commission voted to forward the measure after staff presentations and a wide-ranging discussion of how the city DU rules interact with state ADU law, the city—xisting Local Coastal Program and special rules that apply in areas affected by recent fires.

The revisions before the commission clarify definitions and permit types, establish two classes of ADU approvals, add a minimum ADU size the city must allow, and propose a limited local lot-coverage standard for locally regulated ADUs.

Planning staff member Joyce told commissioners the draft ordinance separates ADUs into two classes: a statutorily regulated Class 1 that matches categories set by state law and a locally regulated Class 2 for other ADUs. "Class 1 are statutorily regulated," Joyce said. "Class 2 are locally regulated." She said staff proposes using an administrative ADU permit, approved by the community development director, for ministerial approvals.

The amendment restates that state law controls where there is a conflict with local rules and adds a clarifying introductory paragraph that reads in substance: because Malibu lies entirely inside the coastal zone, ADU applications "may" be subject to the local coastal program (LCP) and, if a coastal development permit (CDP) is not required, then only the municipal ADU chapter governs.

Special counsel Todd Leishman provided legal context on how the LCP and state ADU statutes interact. He told the commission that when an ADU is processed under the LCP and requires a CDP,…