Malibu Chain Store Ordinance Needs More Work, Planning Commission Says

A proposed ordinance that would limit chain stores in Malibu's Civic Center needs further study, members of the Malibu Planning Commission said Monday.

Commissioners voted to oppose the ordinance in its recommendation to the Malibu City Council, calling for clarification in several portions. 

“I think it has some questionable areas that need further study," Malibu Planning Commissioner David Brotman said.

As the planning commission began to wrap up its deliberations, members of the citizen group Preserve Malibu stormed out, yelling "We’re taking it to the public. We’re taking it to the residents. We’re going to ban it."

J. Flora Katz, a member of Preserve Malibu, confirmed to Malibu Patch after the meeting that the group is going forward with the next step toward a ballot initiative. 

Commissioner John Mazza expressed disappointment that the commission did not recommend the ordinance to council.

"We are doing a huge disservice to the council and the citizens by punting," Mazza said.  

The ordinance will go before the Malibu City Council next, which will has the option to side with the planning commission or make its own findings. 

The planning commission also recommended the council review and provide clarification on the maximum square footage of 2,500 feet, the methodology of a 50 percent cap on formula retail and to revisit the definition of formula retail.

Commissioners also encouraged the council to consider an alternative to the ordinance, including creating comprehensive design criteria, a master plan for the Civic Center and a small business development approach.

During the public hearing, representatives of the commercial property owners in the Civic Center promised legal action if the ordinance moved forward.

Michael Koss, managing partner of the Malibu Country Mart, outlined his objections, explaining that he believed the ordinance would generate "extremely costly and distracting legal consequences."

"It is fraught with unintended consequences," Koss said.

Also during the hearing, Katz said that Malibu is losing out to the interests of commercial property owners.

"In the middle of this, Malibu is losing," Katz said. "We are losing in every single area. We are losing our Civic Center, the heart of our town. We are losing residents services. Traffic becomes a 12 month a year nightmare."

Malibu Patch will have more analysis on this story in the coming weeks. 

Many people spoke during the hearing. Lay out your concerns about the ordinance or the planning commission's decision in the comments.