During the Coastal Commission’s April 10, 2025, meeting in Santa Barbara, agenda item 10b— the City of Malibu Minor LCP Amendment —was moved from the regular calendar to the consent calendar, signaling strong support and no opposition (noted at 3:59 in the CSPAN recording). Approximately six minutes into the meeting, Commission Chair Justin Cummings, also a Santa Cruz County Supervisor, emphasized the amendment’s importance, stating:
“This is an important amendment to the City of Malibu’s Certified Local Coastal Program… to streamline the process to rebuild structures damaged or destroyed by natural disasters by providing for additional exemptions and waiver processes… [It] will simply help the city more efficiently respond to the recent Palisades Fire rebuilding effort, as well as future disaster response efforts, while continuing to ensure coastal resource protection.”
This amendment, detailed in the Commission’s Staff Report, refines Malibu’s Local Implementation Plan (LIP) to make rebuilding faster and less burdensome, particularly for those affected by the Palisades Fire, which destroyed over 700 properties. Importantly, it complements—without overriding—Governor Newsom’s Executive Orders (N-4-25, N-9-25, N-13-25, N-14-25, N-20-25), which already exempt certain Palisades Fire rebuilds from Coastal Act permitting requirements.
Key Changes to Support Homeowners:
The approved LCP amendment introduces several homeowner-friendly provisions designed to expedite rebuilding while safeguarding Malibu’s beaches, bluffs, and environmentally sensitive areas. Here’s a breakdown of the highlights:
- Easier Rebuilding for Beachfront Properties:
- Homeowners can use mechanized equipment or temporary shoring on beaches to rebuild, provided there are no feasible alternatives, activities avoid the intertidal zone, stay within the original development footprint, and follow best management practices.
- Onsite wastewater treatment systems (OWTS) damaged by disasters can be replaced without a coastal development permit (CDP) if they remain within the existing footprint, meet building code standards, and are sited as far landward as possible on beaches or bluffs (no further seaward than existing or prior seawalls).
- Streamlined “De Minimis” Waivers:
- The amendment allows the City to waive CDP requirements for:
- Minor driveway or access road improvements required by the fire department, including retaining walls up to 6-9 feet.
- Replacement seawalls that stay within the original footprint and don’t encroach on public access easements or view corridors.
- Height increases beyond 10% for beachfront structures to comply with FEMA flood zone requirements.
- Relocated replacement structures if the new site is better for safety, visual resources, and environmentally sensitive habitat areas (ESHA).
- Water tanks and storage devices needed for rebuilding.
- These waivers ensure no adverse impacts on coastal resources and are appealable to the Coastal Commission in certain cases, maintaining oversight.
- Additional Support:
- Clear definitions for primary and secondary development pads help clarify what can be rebuilt where, especially for beachfront decks.
- Temporary housing rules now allow up to 1,000 square feet with mandatory geotechnical safety reports to protect against post-fire hazards like debris flows.
- Fire-safe landscaping updates ban flammable mulch near structures and restrict certain plant species to reduce future risks.
- Rebuild development permits streamline approvals for OWTS, seawalls, and other disaster-related projects.
Why This Matters for Malibu Homeowners
The Coastal Commission’s approval means that rebuilding in Malibu is now more straightforward, with fewer bureaucratic hurdles for disaster-affected properties. The amendment, adopted by the Malibu City Council on March 12, 2025, as Ordinance No. 524, was certified without opposition, reflecting close collaboration between City and Commission staff to balance recovery with environmental stewardship. As Chair Cummings noted, this amendment not only aids Palisades Fire victims but also prepares Malibu for future disaster responses.
For homeowners, this translates to:
- Faster Approvals: Exemptions and waivers reduce the need for lengthy CDP processes.
- Cost Savings: Fewer permit requirements mean lower expenses during an already challenging time.
- Flexibility: Options to adjust rebuild plans (e.g., height for FEMA compliance or relocation for safety) without sacrificing coastal protections.
- Clarity: Updated rules provide a clear path forward, especially for complex beachfront rebuilds.
Next Steps
The LCP amendments are effective immediately upon Coastal Commission certification, while zoning changes take effect 30 days after City Council adoption (April 11, 2025). If you’re planning to rebuild, now is the time to act.
City of Malibu Minor LCP Amendment No. LCP-4-MAL-25-0012-1 (Natural Disaster Rebuild)
Public hearing and action on the request by the City of Malibu to amend the IP portion of its certified Local Coastal Program to modify the existing regulations and permit procedures to facilitate the rebuilding of structures damaged or destroyed by natural disaster, including the structure rebuild exemption and CDP waiver provisions including the addition of a definition, de minimis waiver categories, and other minor corrections and language revisions. (GG-V)
Upcoming Events for Malibu Homeowners on April 15th
- The City of Malibu is hosing a Community Meeting Series to provide guidance on technical requirements and permitting for specific neighborhoods at City Hall and remotely via Zoom and livestreamed on the City's Youtube Channel.
- LA County Department of Public Works Right-of-Entry (ROE) Forms are due from owners of destroyed structures to opt-in to a government-sponsored program to have their properties cleared of fire debris by the Army Corps of Engineers. Complete and submit the Right of Entry (ROE) form and authorize the government to manage debris removal on your property by April 15. Property owners who elect to opt-out of the government-sponsored program will be required to obtain County approval before removing any fire debris.
For the latest updates from the California Coastal Commission, visit: https://www.coastal.ca.gov/
G10 Law APC is a full-service real estate, coastal properties, business & banking law firm based in Carlsbad, CA and Santa Monica, CA. If you have any questions, please contact our website at www.g10law.com or call us at 760-431-4575.
