The Malibu City Council is set to vote Sept. 9 on a hotly debated proposal to regulate the number and size of chain businesses wishing to open in the Civic Center.
If the City Council votes against the law, the local grassroots group Preserve Malibu has vowed to get the proposal on a local ballot initiative to let Malibu voters decide.
The formula retail ordinance would regulate the location and operation of “formula” chain stores and services within the Civic Center “to prevent a predominant sense of sameness and familiarity from occurring,” according to a city staff report. The regulation would be achieved by requiring new chain retailers to apply for and obtain a conditional use permit (CUP) if they wish to open a new franchise in the Civic Center. Similar laws have been passed in California cities such as Ojai, San Francisco and Laguna Beach.
Last month the Planning Commission recommended against the drafted ordinance.
The commission had been expected to push the ordinance through to the City Council, which directed staff in November to draft an ordinance and air it with the Planning Commission for a recommendation.
Instead, the commission voted to recommend that the City Council oppose the draft ordinance on the basis that there are “questionable areas that need further study.”
The commission’s recommendation suggested the council request from city staff:
• Further review and clarification regarding which chain stores would be exempted from the proposed ordinance.
• An explanation of the methodology of how it calculated a provision in the ordinance that no more than 50 percent of tenants in a particular shopping center consist of chain stores.
• Revision of the suggested maximum 2,500 square feet for new chain stores.
• Clarification on the definition of the term “formula retail.”
The council could still decide to pass the ordinance despite the commission’s recommendation. The council will meet at 6:30 p.m. on Monday, Sept. 9 at City Hall.