Cornucopia wins first round of Farmers’ Market battle

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The Planning Commission’s recommendation to the City Council of a zoning text amendment is the first step for Cornucopia to receive a new permit for its Farmers’ Market. But the council must approve the recommendation and then the Planning Commission must approve a permit for the market, which can be appealed to the council.

By Jonathan Friedman / Assistant Editor

The large crowd that attended Monday’s Planning Commission meeting in support of the Cornucopia Foundation had reason to cheer as the commission unanimously approved a recommendation to the City Council for an amendment to the city’s zoning code that would further the foundation’s efforts to keep its Farmers’ Market open. The amendment is essential for the foundation in order for it to apply for a conditional-use permit to keep the Farmers’ Market in the Malibu Courthouse parking lot. But with several commissioners stressing concerns about the market, the permitting process could be more of a struggle for Cornucopia.

If the council accepts the Planning Commission’s recommendation and approves the zoning text amendment, “open-air markets operated by nonprofit charitable organizations” could take place on the market property, which is owned by the county and currently zoned for educational, religious and governmental facilities. It was discovered last year that the market had been taking place on a property not zoned for such an event, so the city and Cornucopia have been working since then on reaching a resolution.

But even if the council approves the amendment, Cornucopia must still come back to the Planning Commission to receive a conditional-use permit for the market, which could be appealed to the council. And some of the commissioners expressed concern about the market, which has expanded far beyond a farmers’ market of produce and food to include crafts and T-shirts, competing with retailers who sell those items.

“I’m just trying to think about everybody in the community, and the reality is most of the people who are coming to the market are not from the community,” Commissioner Regan Schaar said.

Cornucopia President Debra Bianco said at the meeting that she has a document signed by a number of residents and retailers saying they support the selling of crafts at the market. She said the market could not survive on the selling of food alone.

With its recommendation, the commission approved a definition of an open market that specified a majority of the items sold at the market must be produce. But no exact percentage was determined. A few members from other local service clubs attended the meeting in opposition to the amendment. Doug O’Brien from the Lions Club said he supports a farmers’ market, but is opposed to an open-air market. “The open-air market leaves it open to all kinds of illegal ventures that could go on,” O’Brien said. “There’s no control over it.”

The council is tentatively scheduled to vote on the amendment in July.

Also on Monday, Environmental and Community Development Director Vic Peterson said he would come back to the commission with information on how the city can communicate with the council about creating a specific plan for development in the Civic Center.

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