Joseph Smith From: Preserve Malibu <
[email protected]> Sent: ~ Thursday, April 11, 2013 1:40 PM To: Joseph Smith; Joyce Parker-Bozylinski Cc: Jim Thorsen; Lisa Pope; Laura Rosenthal; John Sibert; Skylar Peak; Joan House; Lou LaMonte Subject: Preserve Malibu Draft Ordinance Response RECEIVED Attachments: DRAFT ORDINANCE LETTER.pdf APB 1 1 2083 Dear City of Malibu, PANNING DEpT Attached is Preserve Malibu's letter regarding: Malibu's Draft (version) Formula Business Ordinance. Thank you. Joseph Smith Aprit 11, -2013 Senior Planner, City Of Malibu DearJoseph, After six years, thousands of Malibu resident signatures, overflow crowds. at city meetings, and community hard work, residents are gratified that finally Malibu's Formula Business Ordinance is moving forward. The following listed items are critical oversights in Malibu's Draft Formula Ordinance that must be, and can be easily amended. Properly written, California Formula Business Ordinances (case point Coronado) have been proven fully legal in a Court of Law, are successfully improving, and lawfully enacted in cities across this Nation. Summary of Items: Item 1: STANDARD/ZED MERCHANDISE AND MENU The definition wording: Standardized array of merchandise, or a standardize menu, is the very essence of the definition of a Formula business. Malibu Draft's Ordinance excludes the most primary qualifier as defined by every Formula Ordinance enacted into law across the nation. Without this crucial definition, many Formula Retail giants (such as: The Gap) would not qualify as a Formula business solely in the city of Malibu. This is a fatal flaw and needs immediate correction. Item2: DEFINITION FORMULA BUSINESS: Location parameter This Draft proposes an unprecedented clause that limits the number of businesses that qualify as Formula by specifying that 6 locations must be located in So.