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Council reviews policy letting original owners authorize representatives, including subsequent purchasers, to pursue rebuilds on landslide parcels
Summary
City staff outlined a new policy and affidavit process to preserve rebuild rights on roughly 200 parcels in an active landslide area, allowing original owners to authorize representatives (and, in practice, subsequent purchasers) to obtain permits; council asked staff to pursue a code amendment while using a short-term policy to avoid blocking immediate rebuilds.
Malibu City staff briefed the City Council on a policy to preserve rebuilding rights for properties affected by the recent wildfires and active landslides, including a mechanism for original owners to authorize representatives to pursue permits.
The policy—built around a recorded affidavit—would allow the original owner at the time of loss to designate an “authorized representative” who can apply for and receive building permits on that parcel. Director Bundy told the council the policy would apply only to parcels within the active landslide zone and estimated the change could affect “about 200 parcels that could be affected by this.” Staff said the affidavit would be recorded against the property and would not need to be provided until permit issuance; they also promised outreach materials for property owners and real-estate professionals.
Why it matters: dozens of rebuilders and buyers have been delayed by questions about who has standing to obtain permits for replacement structures after transfers of title. Council members asked whether the city could amend the adopted county/state code language—particularly to make a “subsequent purchaser” explicitly an authorized representative—rather than rely only on a policy. City legal staff said the question requires further legal review and that some changes may be harder to implement mid-code cycle; staff recommended a short-term policy to avoid holding up immediate rebuilds while exploring a formal code amendment.
Council direction and next steps: Council asked staff and the city attorney to return with legal analysis on whether the city can amend the adopted language and, if so, the timeline and process to do so. Staff will publish the affidavit form and provide outreach at rebuild centers and realtor/agent briefings. Staff also committed to schedule a geotechnical presentation answering how “active landslide” is defined and to include the policy and recorded-affidavit language in written guidance for owners and agents.
What remained unresolved: several council members pushed for stronger, code-level fixes rather than policy alone; staff said the county is already moving forward under a similar interpretation but legal review is required before Malibu can adopt any permanent amendments.
The council did not adopt an ordinance at the meeting; it directed staff to return with a legal analysis and recommended language and to proceed with the public-affairs work to make the affidavit process available to property owners in the near term.
