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Malibu council adopts revised housing element and zoning amendments to secure state certification
Summary
The Malibu City Council voted unanimously to adopt a revised housing element and introduce code amendments required by the California Department of Housing and Community Development; staff and consultants said adoption is necessary to obtain HCD certification and avoid legal penalties under a stipulated judgment.
The Malibu City Council on Sept. 23 adopted a revised housing element and introduced related municipal code and Local Coastal Plan amendments that staff say are necessary for certification by the California Department of Housing and Community Development (HCD).
City planning staff and consultants told the council the draft housing element “meets statutory requirements of state housing element law and will be certified once the city adopts the housing element and the zoning code and LCP amendments” (presentation by city/consultant team). The element updates the city’s sites inventory to satisfy the Regional Housing Needs Allocation (RHNA) and establishes an affordable housing overlay on two parcels along Pacific Coast Highway that staff say can accommodate the remaining lower- and moderate-income unit obligations.
Why it matters: HCD certification removes the risk of enforcement actions and developer remedies that can arise when jurisdictions lack an approved housing element. Council members repeatedly said the city has been late to this step and the adopted package represents the minimum set of changes staff negotiated with HCD to secure certification.
Key changes in the adopted package include clarifying allowed locations and standards for transitional and supportive housing; increasing the maximum capacity for emergency shelters in line with state law; allowing certain supportive-housing types by right in multifamily zones; reducing multifamily parking minimums; and revising the Affordable Housing Overlay (AHO) to allow by-right approval for projects providing at least 20% lower-income units and to adjust height/density standards to be consistent with state density-bonus law.
Consultants said the sites inventory credits 142 units from planned or in-process projects and forecasts roughly 30 accessory dwelling units (ADUs) across the planning period; staff said 17 of those ADUs could count toward the city’s lower-income obligation, leaving a need filled by the AHO parcels.
Public comment and council direction: Cindy Barton of Schmitz & Associates urged the council to add explicit language committing the city to "explore potential funding for rent subsidies" so HCD notes that the city is examining tenant subsidies in addition to development subsidies. Staff pointed to housing element programs that promote Housing Choice Vouchers and, "subject to funding availability," development subsidies. Council members asked staff to follow up with more detail and to return to council with any additional clarifying language before final submittal.
Next steps: The council introduced ordinance 5-23 on first reading to amend the LCP and municipal code and directed staff to schedule the second reading and final adoption for the Oct. 14, 2024 regular meeting. Staff said the draft must be submitted to HCD by Oct. 4 to remain on schedule for certification.
