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Malibu council adopts Palisades fire rebuild rules but defers two technical items
Summary
Council approved a package of Palisades fire rebuild policies (including clarifications on bulk/volume, rooftop decks, basements and a 10% like-for-like rule) but deferred final language on what counts as a "lawfully erected" structure and on FEMA/wave-uprush technical requirements for later council review.
The Malibu City Council voted Sept. 25 to adopt a staff package of policy clarifications addressing Palisades fire rebuilds, implementing a like-for-like approach with limited additions but adding rules meant to protect neighborhood views and limit unintended increases in building bulk.
Staff described edits that clarify how bulk and height interact, explicitly include basements and subterranean garages in rebuild calculations, require a planning-phase survey in some cases, and call for rooftop decks to comply with the city’s dark-sky rules. "If your square footage puts you over the bulk limit, then you can't get height," staff explained as the intent behind the draft changes.
Public comment during the item was substantial and split. Architects and rebuild professionals warned the new "bulk" volumetric check would add complicated new calculations, strain limited local surveyor capacity, and slow rebuild permits. "What you're doing is discouraging rebuilds," said one architect; another urged the council to allow 10% increases in both area and height in a simpler straight-forward way rather than calculating interior volume. Fire survivors and rebuild applicants urged speed and predictability so families can return to homes. Several technical commenters urged staff to revisit FEMA base flood elevation plus-one and wave-uprush rules in fuller public sessions.
Council members said they did not want to re-open the earlier multi-hour stakeholder workshop outcome but wanted the package to be clear. They directed staff to return a refined version of two items for Monday follow-up: item 4 (the "lawfully erected" definition to determine what pre-fire structures may be rebuilt without additional approvals) and item 10 (wave-uprush/FEMA technical requirements). Staff also agreed to add further outreach sessions and training for design professionals and residents.
Council member Bruce moved to approve the staff package with the edited policy language requiring that any discretionary approvals still be obtained; the motion was seconded and passed by roll call after brief deliberation. Mayor Pro Tem Silverstein, Council member Stewart, Council member Earing and Mayor Riggins all voted yes; the motion carried.
What happens next: staff will bring revised language on item 4 and the FEMA/wave-uprush issue back within days for further clarification and will host a series of outreach sessions (including ArchStar training and meetings with design professionals) to speed and standardize the rebuild review process.
Sources: Staff presentation and council discussion at the Malibu City Council special meeting (Sept. 25, 2025).
