Two Planning Commissioners on the City Council subcommittee say they don’t believe such an ordinance is needed at this time.
By Melonie Magruder / Special to The Malibu Times
Mayor Pamela Conley Ulich’s proposal to limit the number of large retail stores in Malibu received mostly negative comments from those attending a City Council subcommittee meeting. Her idea received a similar reception two years ago when her colleagues on the council refused to let the proposal reach the point of a vote.
However, Conley Ulich, who has advocated for a Formula Retail Ordinance since her first council campaign in 2004, said she would like to see such a proposal placed on the ballot in 2010. Councilmember Jefferson Wagner, who sits with Conley Ulich on the Zoning Ordinance Revisions and Code Enforcement, or ZORACES Subcommittee, agreed with her. The other members of the subcommittee, Planning Commissioners Ed Gillespie and Joan House, said they did not believe such an ordinance was needed, although Gillespie said he would favor putting it before the voters.
“It looks like this is a solution in search of a problem,” Gillespie said. “In today’s economic climate, restriction of free trade might not be advisable.”
Conley Ulich presented her proposed interim ordinance at the meeting. If the council or Malibu voters were to eventually approve the proposal, it would serve as a temporary measure in preparation for a final law that could be written later.
Her proposal states, “Malibu is a unique … community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle …”
Conley Ulich said, “This current draft ordinance differentiates between neighborhoods, neighborhood commercial districts and commercial districts. In neighborhood commercial districts, formula retail uses would be prohibited, with exemptions for grocery stores, banks, savings and loans, theaters and gas stations.”
Conley Ulich noted that new business proposals for commercial districts can seek conditional-use permits, which would leave discretionary decisions with the Planning Commission.
Assistant City Planner Joseph Smith presented a report detailing 12 model ordinances from other cities, including San Francisco. All have incorporated different limitations on formula retail businesses within those communities, with some being subject to legal challenges of varying success.
The cities’ ordinances varied from outright bans on fast food restaurants to limiting numbers of retail and restaurant outlets of chains with more than three business locations to conditional use permits regarding noise, square footage, landscaping and “intensity of activity in the district.”
Several representatives of the business community and private Malibu citizens were on hand to weigh in on the proposal.
Kian Schulman, a resident of 25 years, said that the changing retail landscape from “Mom and Pop stores” to expensive boutiques has “sucked the soul” out of the community.
“All the little shops like Indiana Joan’s had to leave because they couldn’t afford the rising rents,” Shulman said. “I live here and I can’t afford to go into those boutiques that charge $300 for a t-shirt. We’ve lost so much to these bizarre chain stores.”
Michael Koss, a general partner with the Malibu Country Mart since 1985, opined that cities that ban formula retail outlets because they want to preserve a unique community character end up attracting the very tourists and accompanying tour busses the cities want to avoid.
“I have interest in a shopping center in Laguna Beach and their efforts to ban formula retail shops mean that it’s become a huge tourist town,” Koss said. “The restrictions mean junky, second-rate retail there and a lot of vacancy signs. Their conditional-use process means that a small committee arbitrarily determines what retail to allow and the residents there end up losing out on retail options.”
Koss said two thirds of the Country Mart’s retailers are not chain stores and that one third of the business owners live in Malibu. “Often, the best prices are from chains,” Koss argued. “Efforts to regulate retail will result in lower home values and a ban on such retail establishments will undoubtedly result in litigation. Can the city afford that?”
Development and land use consultant Don Schmitz echoed Koss’ concerns about the fiscal impact of such an ordinance on Malibu’s business base. “A formula retail ordinance might have a place in cities that have no zoning and land-use laws on the books,” Schmitz argued. “But Malibu does. Further bureaucracy will only mire down free market activity. We already have land-use standards for landscaping and open spaces, parking standards, signage use and other requirements. Malibu will never have strip mall-type retail space.”
Chamber of Commerce CEO Rebekah Evans said that a city survey of 2,500 residents noted that many respondents said they wanted to see more businesses like Trader Joe’s and Whole Foods in Malibu. “Under your guidelines, these stores might not be permitted,” Evans said. “Formula retail can give more affordable choices and I don’t find that residents want an outright ban. It might be more effective to develop design guidelines.”
Former Planning Commissioner Les Moss said he was against a ban. “Philosophically, if San Francisco likes this kind of ordinance, it’s another reason to vote against it,” he said.
Others at the meeting saw a use for restrictions on formula retail. “I went shopping in Thousand Oaks last week and all the stores in all the malls looked the same,” Marissa Coughlan said.