Malibu : Law on Rebuilding Revised

The City Council revised some parts of the city’s zoning ordinance Monday to make it easier for victims of natural disasters, such as last month’s fires, to rebuild their homes. But the council postponed action on a building department proposal that would require people who own property in areas with known geologic hazards to sign a liability waiver as a condition for rebuilding.

The changes, approved unanimously, were hailed by Councilman Jeff Kramer as an “important first step in solving many of the problems” faced by owners of the nearly 250 homes that were destroyed by the fires. Previous rules required disaster victims to build a virtual replica of the destroyed structure to be exempt from the city’s current zoning requirements.

Those regulations, however, were inconsistent with those of the California Coastal Commission, which allow for a 10% increase in floor area, height or bulk if the home is rebuilt in the same place, city Planning Director Bob Benard said.

The council amended the ordinance to allow fire victims whose homes were smaller than what is currently permitted by zoning laws to increase the height and square footage up to the current limit, and to add a garage of up to 600 square feet. The final vote on the changes will be Dec. 13.

Resolving the issue of liability waivers is likely to take longer. City officials say they are determined to prevent the city from being held legally responsible for future landslide or earthquake damage that occurs if homes are rebuilt in areas prone to such damage.

Much of Malibu is classified as geologically sensitive, and most applications to build new homes require a geological review. In many cases, the city requires a liability waiver before issuing a building permit.

Some of the fire disaster victims--whose homes, in many cases, were built before geological reviews and waivers were required--have voiced concerns about signing the waiver, saying it will hinder an owner’s ability to get financing and insurance.

City Atty. Michael Jenkins said a liability waiver is the least expensive legal solution to allow residents to rebuild, but also the least desirable because it leaves a lot of potential questions unanswered that would be addressed in a geology report. He said he and city staff will explore modifications in the wording of the waivers and in what would be required in a geology report.