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Malibu council keeps 'like‑for‑like' rule: no automatic basements; water tanks favored for fire safety
Summary
At a special Aug. 27 meeting, Malibu City Council agreed staff's rebuild approach will not grant new basements as a free extra under the governor's rebuild +10% rule; it also directed staff to pursue policy/code language to exempt fire‑protection water tanks from the 10% calculation while clarifying TDSF implications.
Malibu City Council on Aug. 27 affirmed staff recommendations for several rebuild policy clarifications following recent wildfires. The council decided that newly proposed basements and subterranean garages will be treated as part of an applicant’s 10% rebuild allowance rather than as an automatic "free" 1,000 square feet. Tyler Eaton, principal planner, said the city’s longstanding position is that the rebuild plus 10% option includes new basements unless the basement existed before the fire and can be documented.
The move preserves the “like‑for‑like” standard: residents who did not have a basement before the fire generally must pursue the longer Coastal/Development Permit (CDP) or a full discretionary process to add one. Design professionals and residents urged limited staff flexibility in narrow hillside cases where subterranean garages historically existed; council members acknowledged those concerns but largely sided with the staff position to avoid broad exceptions that would slow an expedited rebuild program.
Councilmembers and staff also discussed water tanks and pools intended for fire protection. Staff told the council that pools (open, unenclosed water) have not traditionally been counted toward Total Development Square Footage (TDSF); water tanks, which are enclosed structures, historically were. Council directed staff to return with policy language and, if necessary, a municipal code amendment clarifying that tanks required or recommended by a government agency for fire protection may be excluded from the TDSF calculation for fire rebuilds, while recognizing any change to the municipal code’s TDSF definition will require formal amendment.
Yolanda Bundy, community development director, said the rebuild center is prepared to help homeowners navigate the plan check and permitting steps and that staff will prioritize bringing back the proposed code changes quickly so current applicants can plan accordingly. The council indicated they did not want the clarification to delay in‑flight applications.
