Malibu Should Make it Easier for Residents to Build More Housing on Their Property
The best solution in California’s housing crisis is a simple one: let people build more housing
By Elizabeth Riddick, July 23, 2024 2:12 pm
It shouldn’t take four years of headaches, legal briefs, and hard-fought battles just to get a permit to build a small addition on your property. But that’s exactly what happened to my family when we applied to build a modest home on our Malibu property for my mom, Renee.
Mom is a lifelong resident and a longtime leader in our community. She’s been a schoolteacher, a college professor, and a family law attorney. She’s always been my rock: supportive, steadfast, and loving. But now, it’s time for us to help her.
Fortunately, the state legislature has adopted an official policy of encouraging the development of accessory dwelling units, or ADUs. An ADU is the perfect solution for us, since it would allow Mom to live in our care while still maintaining her safety, independence, and privacy.
Four years ago, we worked closely with our architect and with our homeowner’s association to plan an ADU that would suit our needs without being obtrusive to our neighbors. Given the state’s legal protections for ADU development, and the support of all of our neighbors, we expected smooth sailing.
But Malibu had other ideas. The City insisted that we needed to go through the complicated and cumbersome process of getting a Coastal Development Permit, or CDP, and that we couldn’t take advantage of the state’s pro-ADU laws.
And according to their interpretation of local regulations, there was no way to get our project approved. But our ADU shouldn’t have needed a CDP in the first place. It was bizarre, because the City conceded that our ADU would have no negative impact on coastal resources, yet they wanted to block it under policies designed to protect the coast.
We knew the City’s ruling was absurd. And when we reached out to lawyers from the Pacific Legal Foundation, a public-interest law firm, we were encouraged to find out that they agreed with us and were willing to take our case free of charge.
With their help, we brought a lawsuit against Malibu in state court, arguing that the City had to abide by its own regulations and by state law to grant us a permit. We won at the trial level, getting a judgment from the court that confirmed our understanding of the law.
The City appealed, and we won again at the Court of Appeals, which upheld the trial court’s ruling. The City appealed once again, asking the Supreme Court of California to step in and review the case. But early last May, the Court declined. Our case is finally concluded, and our fight is finally over.
But as we see it, our case was about more than just us. This city, this state, and indeed, our entire nation is experiencing a severe crisis in the affordability of housing. The best solution is a simple one, and one that takes advantage of the collective ingenuity, tenacity, and know-how of all Americans: let people build more housing.
Over the last several decades, and largely out of good intentions, we’ve developed an unbearably burdensome regulatory atmosphere that makes it all too difficult to build the housing that we desperately need. California’s ADU laws are a great start, but as our case shows, local governments need to do their part to facilitate new housing – not obstruct it.
We’re thrilled that the courts agreed with us, and that we’ve finally got permission to build the ADU for Mom. But it shouldn’t take years of legal battles to affirm the right to a modest home that everyone agrees has no negative impact on the environment or on our neighbors. It’s time for Malibu, and for municipalities around the country to get on board: let people build.
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Glad you persevered, but….One question: Did you vote for the city officials who hired the people that made it so difficult to build your ADU and then appealed at every level to make it both expensive and time consuming? City attorneys don’t act in a vacuum, and even if they hired outside counsel they have to answer to your city council.
The process in SF to make any improvements is equally insane and time consuming. Simply to change windows can take years – so much so that people hire consultants to guide them through the process.
Malibu is an interesting city, in that there are three distinct subsets of property types :
1) The coastal-enclave occupied by the monies gentry and egomaniac power-players in the entertainment, financial and professional industries. These are the donor class and those with more influence that they should be allowed to have. Generally progressive Democrats and the biggest Karen’s about property rights and building regulations. These are the people whose influence is making the author’s life miserable.
2) Commercial property owners and lessors who own property mostly on the inland side of Pacific Coast Highway, as most of the beach side is owned by 1) with the exception of a few longtime restaurants.
3) The inland property owners, many longtime, usually with decent sized lots, tend to vote less progressive than 1) but not necessarily.,We used to bowl in a league with an older gentleman who was a conservative Republican, and he used to gripe about the NIMBYS in the city government 25 years ago…
As Rod mentioned, a change in voting preferences MIGHT change things but I doubt it. The uber wealthy ocean viewing Karen’s contribute too much to their candidates, who then zealously protect their donor-class’ self-interests….
Good luck….
As a life long ex Malibu resident. I found that dealing with the coastal commission, whose jurisdiction is within 2 miles of the coast, and jumping through all their hoops is a complete nightmare. Living inland is easier. A very tranquil place. Building a few ADU’s in Malibu is not going to dent the housing crisis. But you SHOULD be able to do what you want on your own land, within reason and without being overwhelmed by the red tape.
Requirements are out of control. Our county required a soils engineer for ground mount solar for a second unit, and a paved driveway. Wildfire infernos laugh at the money wasted on the required internal fire sprinklers. A very long list of why government has made housing unaffordable.