Coastal Commission Staff Raise Concerns Over Malibu's Proposed Retail Ordinance

Coastal Commission staff are concerned that a proposed ordinance aimed to limit chain stores in Malibu could edge out visitor friendly businesses in the city's Civic Center.

Deanna Christensen, a coastal program analyst, said Coastal Commission staff are drafting a letter to the Malibu City Council about the proposed formula retail ordinance and how it lines up with the Coastal Act, which puts a priority on visitor-serving, lower cost businesses and services.

"We’re concerned what it might mean for visitor serving uses. It’s adding a whole layer of scrutiny," Christensen said. "Maybe the only business that can open a hotel happens to be a more chain style. They are going to say no even though that is a priority use."

The public can comment on the draft ordinance and initial environmental study through April 11.

Christensen said she believes the ordinance should be adopted into Malibu's Local Coastal Program (LCP), a pair of documents that establishes the rules for coastal development in Malibu. A LCP amendment would require approval from the California Coastal Commission and adoption by the city of Malibu.

However, city of Malibu officials do not believe the ordinance requires Coastal Commission approval, mainly because of the results of an initial study that analyzed the ordinance.

"The proposed ordinance does not authorize a use other than that already designated in the LCP and [Malibu Municipal Code] as a permitted or conditionally permitted use in the zone," according to the initial study, which was prepared by the city of Malibu Planning Department. "The proposed ordinance is consistent with the Coastal Act and the LCP because it protects, maintains and enhances the overall quality of the coastal zone environment."

According to Christensen, the entire city of Malibu lies within the Coastal Zone. She said the ordinance impacts land use within the Civic Center.

"We’re worried that will be their excuse to say no to visitor serving uses," Christensen said. 

Joyce Parker Bozylinski, Malibu's planning director, said the city made a determination in the initial study that the ordinance does not require a LCP amendment.

"We would certainly look at whatever the coastal analysis is and what they think it is and take it into consideration, if we agree with their analysis," Bozylinski said.

She said because the ordinance is more restrictive than the LCP, she believes the city does not have to take the extra step.

Preserve Malibu, a citizen group that has advocated for the study, issued a statement in response to Coastal Commission's early indicators that a LCP amendment may be necessary.

"One of the main goals with a Formula Business Ordinance is to continue to attract and accommodate millions of tourists. If we look at cities with successful Formula Ordinances, Sausalito, Ojai, Coronado, Solvang, San Francisco, Carmel, Sonoma, etc., they are the most thriving tourist areas in the state. The goal with an ordinance as these other cities have accomplished, is to keep Malibu unique and special, giving tourists a reason to make this their destination. 

Malibu is becoming inundated with primarily the most expensive corporate chains in existence. Formula chains that cater to solely 1 percent of our population, leaving 99 percent of tourists left out. If these centers continue unabated, less and less tourists will be served in Malibu, contrary to the access requirements of the Coastal Act. Malibu should be kept unique and welcoming for everyone, not only the minute fraction of the most wealthiest."

More than 120 Malibu residents signed a letter, which was published in Malibu Patch over the weekend, calling the proposed ordinance a step toward following the city's general plan.

As of Monday, the city of Malibu had received 10 letters commenting on the ordinance, with four showing support.

Former Malibu Mayor Pamela Conley Ulich posed the question: "Will Malibu lose its soul to chains or will chains find a soul in Malibu?"

Ulich said the current ordinance is simple and does not ban any businesses.

"Being unique is not a new concept in Malibu," she wrote. "Salvation is an example of businesses that has adapted to thisconcept. Although it is owned by Nike, it is not Niketown, but Salvation. It has unique signage and uniquemerchandise not found in other stores. The Levi store is another example of a chain that has adopted a uniquestrategy for its store in Malibu."

Some of the comments sent to the city came from residents and business owners who believe Malibu is not dominated by chain stores.

"It's a shame that the city is allowing a small group of locals who predominantly live on one end of town and don't even visit the Civic Center, to help advance this ridiculous policy that makes no sense, and is likely illegal," Miles Feinberg wrote in response to the draft ordinance and initial study.

Peter Creech, a Pepperdine University student, said he frequents Chipotle, Subway and CVS, which are all formula businesses.

"These places represent affordable shopping options for basic needs," Creech wrote. "Yet, this ordinance paints them in a negative light. If the city were to make a concerted effort to keep these formula shops out of Malibu, then it really shows a lack of consideration for the student population, visitor population and resident population that are not wealthy."

In November, the Malibu City Council voted to direct city staff to draft an ordinance to require a conditional use permit for any new chain businesses in shopping centers with more than 10,000 square feet in the Civic Center area.

The ordinance is part of an effort to maintain Malibu's character in existing and planned development in the Civic Center.

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