Hearing on Malibu's Chain Store Ordinance Promises to be Lively

A long standing debate in Malibu over what the face of retail should look like will come to a head later this month, and it promises to be a lively discussion.

The proposed formula retail ordinance, which aims to limit the number of chain stores in Malibu's Civic Center, will go before the Malibu Planning Commission at 6:30 p.m. July 29 at Malibu City Hall. Some 115 comments were received by the city in advance of the hearing.

The ordinance aims to "protect, maintain and enhance the overall quality of the coastal zone environment," according to city officials. 

Shopping center owners and developers in Malibu have already raised concerns about the ordinance. 

Steve Soboroff, who is working to bring Whole Foods to Malibu in the Civic Center, said he believes the ordinance requires an environmental review. 

"The Didinance is discriminatory (to specific property owners) and has unintended consequences," Soboroff said. "I am interested in the coastal commission comments as well, as this ordinance is basically putting up 'entry' gates to the City of Malibu, saying to tourists 'you are not welcome.'"

Neil Van Winkle, an attorney for Glimcher, which owns the Malibu Lumber Yard, also asked for a full environmental review.

"Successful centers have a balance of local and nationalretailers, with national retailers often anchoring a center and providing the financial foundation and customer foot traffic necessary to permit leasing to smaller, local merchants," Van Winkle wrote.

Preserve Malibu has been working to gather signatures and support for the ordinance. Its leaders have pointed to the success of a similar ordinance in Coronado, where a California Appeals Court decision upheld the city's formula retail ordinance in June 2003. The court ruled that the ordinance did not violate the Constitution's commerce and equal protection clauses. 

Preserve Malibu also submitted signatures gathered in support of Point Pizza Malibu, which closed in December and was replaced by another pizza place. Point Pizza became the rallying cry of the movement to preserve long-time local businesses.

"Residents of all ages rallied, signed, and requested fairness. It was not given. Point Pizza, Hye Song's livelihood, was evicted," the petition to keep Point Pizza open states.

Abbie Baron, a Malibu native, wrote in a letter to the city that without "old-school businesses, the unfortunate reality is that Malibu will be reduced to another generic strip mall. Albeit a tasteful one, a strip mall nonetheless."

Allison Ray, a 40-year Malibu resident, called on the city to protect small businesses.

"We need anordinance which protects our small businesses allowing them to stay in our community," Ray said.

The California Coastal Commission staff also sent in comments, raising concerns about how it lines up with the Coastal Act, which puts a priority on visitor-serving, lower cost businesses and services.

"The proposed additional findings for conditionally permitting formula retail have the potential to adversely affect the provision of visztor-servingretail uses on  commercial sites in the city," the letter states. 

Malibu residents wishing to submit comment on the ordinance are asked to contact Jessica Blair, Administrative Analyst, at jblair@malibucity.org.