Nobu defies Malibu order, goes forward within permitted July 4 event
Despite having no permit, Nobu restaurant went ahead with its “Red, White, and Bootsy” July 4 bash. The venue was issued a Temporary Use Permit (TUP) from the city dated June 10 “pending an updated parking and site plan submitted to The (sic) Los Angeles County Fire Department and the Los Angeles County Sheriff’s Department.” The TUP also expressly stated that “[a]pproval of the event is pending approval of the LACFD” and “[a]pproval of the event is pending approval of the Sheriff’s Department.” The TUP also expressly stated that “[t]he event’s approval will be pending an updated parking plan submitted to the Public Works Department.” Finally, the TUP expressly stated that“[i]f any agency approval, additional information, or signed agreements are still pending by June 26, 2024, the Temporary Use Permit will be null and void.”
No appeals to the conditional TUP were filed. It appears appeals are expensive, at a cost of $750 to the appellant.
Nobu was notified two weeks later of its denial. Reportedly, a parking plan was not OK’d by the Public Works Department.
The event continued to be advertised and promoted on social media from June 26, the date the TUP was declared null and void, through July 4. In an eleventh-hour move, the city issued a statement on its website July 3 at 6 p.m., less than 24 hours before the event, stating Nobu “may not hold the proposed event.” By that time, tickets for tables ranging from $10,000 to $75,000 had already been sold.
The TUP originally issued, while conditional, was based on an application with many inconsistencies and flaws. The application represented that the event was by invitation only when a cursory search of the web revealed that tickets were being advertised online. The application stated no outdoor space would be used when videos of the prior years’July 4 events posted to YouTube and Instagram document the restaurant’s outdoor patio filled shoulder to shoulder. Last year, the event was so overcrowded that limos and party buses were abandoned on PCH, creating a safety hazard and the mother of all traffic jams. Seven hundred guests overcrowded the venue’s capacity of just over 200. At the time, Nobu received a meager fine of just $1,821 for all violations. This year, the conditional TUP threatened a $5,000 fine for violating its terms.
In addition, the 2024 TUP application’s representations as to guest access were inconsistent with what was observed on the day of the event. The application represented that all guests (save a limited number of VIPs) would be arriving by shuttle from a Santa Monica location with no drop-offs, ride shares, or walk-ins allowed. The Malibu Times was on scene at the start of the event to observe signs on Nobu property marked as “Rideshare Drop Off” and “Rideshare Pick Up.” Guests lined up to enter were not observed wearing scannable wristbands, and in any event, white-clad party-goers could be observed arriving by limousines and walking in from nearby parking lots. A few shuttles were seen dropping off in Nobu’s parking lot. Some drivers managed to snag parking across the street; others were turned away with no valet service. Three deputies were on hand to make sure traffic stayed flowing. Despite a few illegal turns, traffic was fairly normal for a busy Nobu night. One City of Malibu code enforcement officer was on scene as well monitoring the situation.
Malibu Deputy City Manager Alexis Brown issued this statement: “The City of Malibu is aware that Nobu proceeded to host their Fourth of July event, despite the denial of their temporary use permit. We are currently reviewing this matter, and will take the appropriate action in accordance with our regulations.”
Just prior to the party going forward, an attorney who purports to represent Nobu sent the city a demand letter dated July 4, 2024. In the letter, Perry Wander stated, “Nobu met all the conditions required for the special event permit, and the revocation of Nobu’s permit without factual support and due process constitutes an arbitrary refusal to perform a ministerial act.”
In sole case support of his argument, Wander references 1963’s Ellis v. City Council of Burlingame, the court concluded that a building inspector could not deny the appellant “a permit to which she was clearly entitled as a means of coercing her to comply with separate and entirely unrelated provisions of the building code …” Unlike the Ellis case, which was over the refusal of a permit to build a swimming pool, the Malibu Code’s TUP provisions vest in the Planning Department discretion to issue or not issue permits based on various issues of public safety. Despite the June 10 conditional TUP’s express requirements that various additional agency approvals be obtained and additional satisfactory documents submitted, Wander asserts that the issuance of the Nobu permit was, like the one in Ellis, a mere“ministerial act,” and that “an arbitrary refusal to perform a ministerial act without factual support or legal justification is improper. We demand the immediate reinstatement of the permit and compensation for all damages incurred due to this unwarranted revocation.”
Wander also posted a Facebook response to City Councilmember Bruce Silverstein threatening retaliation: “Any city council member that jumped on the bandwagon and opposed this permit, Mr. [Larry] Ellison and the owners of Nobu will do everything they can to make sure that whoever is running against them in the next election is extremely well-funded.”
Wander indicated in his correspondence to the city that he represents “Nobu.” The TUP applicant was Wavebreak LLC. It is unclear if Wander is authorized to speak for or represents Ellison in his individual capacity. The Malibu Timesemailed Wander for clarification, but has not received a response.
Meanwhile many concerned residents are questioning if Thursday’s fatal accident that occurred on PCH just after the Nobu party ended at 10 p.m. and a mile away from the restaurant, is connected to that event.
There were no tables sold without multiple bottles of Champagne, tequila and vodka. The Los Angeles Sheriff’sDepartment is investigating the crash that killed one and injured two others. They’re looking into possible speeding and DUI as the cause.