Malibu Mulls Short-Term Rental Restrictions After State Rejection

MALIBU, CA — Malibu city officials on Jan. 9 reconsidered the city's short term rental policy after its initial restrictions were struck down by the California Coastal Commission.

Council members mulled a number of potential options after the commission shot down Malibu's proposed city-wide ban in August. That ban was on all rentals under 30 days without a representative of the property available on-site — also known as an un-hosted short-term rental.

City staff presented alternative options at January's council meeting, such as only allowing un-hosted short-term rentals during peak travel times, enforcing distance restrictions in residential neighborhoods and limiting the number of un-hosted rentals in the city.

The council ultimately voted to establish an ad-hoc committee to work with the California Coastal Commission and city staff. The city could still look to have its existing policy reconsidered and approved by the commission instead of opting for any of the compromises proposed on Jan. 9.

The city adopted the restrictive short-term rental policy in 2020 that was shot down by the coastal commission in August 2022. State authorities argued the tight restrictions would tighten the lower-cost housing market in Malibu and restrict visitor access, especially among visitors looking for cheaper accommodations. A key concern for the commission was Malibu's already small amount of affordable lodging offerings.

Mayor Pro Tem Steve Uhring suggested the city double down on its earlier suggestion. Mayor Bruce Silverstein also suggested city staff work with the coastal commission before new proposals are constructed.

"We don't need more short-term rentals. We need permanent residents who will help us populate our schools. We need permanent residents who take an interest in Malibu and who will rally their friends and neighbors to build programs like the Poison Free Malibu did, [and] like the Dark Sky group did," Uhring said. "My vote is to go back to the Coastal Commission with a plan and an argument to defend our hosted ordinance."

Council members noted that the coastal commission has new members and some existing members showed friendliness to Malibu's previous proposal, suggesting compromise may be possible without significantly tweaking the proposal.

Council members and public speakers shared fears about un-hosted rentals being a nuisance to residences and developers buying up land just to rent it out.

Multiple locals, representing operators of short-term rentals and residents living near rentals, discussed the pros and cons of different options. Malibu resident Jo Drummond advocated for a policy that favors full-time residents' rentals more similar to home sharing, with which many other public commenters and council members agreed.

“We are just putting it out there that it might be a good idea to limit un-hosted [short-term rentals] to permanent primary residents who travel during the peak season like we have in the past and find reasonable limits,” Drummond said.

Jonah Breslau from Unite HERE Local 11, which represents many Malibu hotel workers, expressed the union's continuing support for strict short-term rental regulations. Breslau also advocated for a model that favors home sharing.

"The impact of unrestricted STRs falls hard on our members. When whole homes turn into short-term rentals, it exacerbates the housing crisis, undermines neighborhood character, and fails to provide genuine affordable access to the coast for working families who would love to visit. Luxury whole home rentals to not promote access to the coast," Breslau said.

Other speakers disagreed about whether regulating different areas in Malibu would work fairly. Still, many speakers agreed a one-size-fits-all solution would not work for Malibu's many different communities.

"Protecting Malibu’s community culture and character must be a priority," said Cynthia Martin, a Malibu resident.

Council members introduced a number of additional ideas, like requiring hosts within a 30-minute distance of the property, limiting the number of days an un-hosted short-term rental can be occupied in a year and creating a hospitality zone near the coastline.