Sandwich shop set to open Wednesday across from Malibu Middle School Play

A sandwich shop entrepreneur plans to open for business Wednesday on Morning View Drive, operating out of a private house across the street from Malibu Middle School.

The owners call it the Sandwich Shop Malibu, and they say they have all the permits to operate in the residentially-zoned area. They indeed have those county permits — but not city permits — and there may be a question about which law is in effect on Morning View Drive.

The planned sandwich shop? Take-out only. Open for lunch five days a week. A delivery window through a fence on Morning View Drive, just west of Malibu Methodist Church. Drivers can wait in the driveway shared by four houses next to the window.

The concept, as described online, and we quote: "Homemade and hand-stacked right here in Malibu. Every sandwich starts with bread from local micro-bakeries, piled high with the good stuff — from classics we grew up on, to new favorites, and something for the vegetarians, vegans, and grom-sized appetites too."

The sandwich lineup looks yummy — torpedo sandwiches like used to be sold at Point Pizza. A whole lineup of sandwiches named after local surf breaks. Zooma Tuna. El Pescador. Green Room.

The young woman running the venture, Sara Jerabek, has taken out an L.A. County Micro-Enterprise Home Kitchen Operation permit. She tells KBUU that this permit is new in California. It allows people to sell food from a home kitchen under a state health permit issued by L.A. County Public Health, not a business or zoning permit.

The new law gives a city or county what it calls "full discretion" to authorize Microenterprise Home Kitchens. The city of Malibu uses the L.A. County health department to regulate restaurants, and L.A. County has authorized home kitchens. If the sandwich shop has a county health permit — Jerabek indeed has obtained that license.

But the state law specifically says no home kitchen permit can be granted unless the city involved specifically authorizes restaurants in residential zoning. And the city of Malibu has not approved any commercial operation in its jealously guarded residential zoned areas. Neither has the coastal commission.

See you at the sandwich shop Wednesday.