City of Malibu Shopping Center at Cross Creek and Civic Center Way, Measure W (November 2015)

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A measure to allow a shopping center was on the ballot for Malibu voters in Los Angeles County, California, on November 3, 2015. It was defeated.

If approved, Measure W would have allowed the construction of a shopping center at the corner of Cross Creek and Civic Center Way. The specific plan for the construction project was called the Civic Center-Northeast Specific Plan and was designed to include a 24,549 square-foot grocery store—probably a Whole Foods Market—retail shops and recreational and educational facilities. The proposed development would have taken up 38,425 square feet, consisting of five separate buildings.

Measure W was required by Measure R, which was approved by city voters in November 2014. Measure R required voter approval of any commercial or commercial-residential development larger than 20,000 square feet.

Election results

Malibu, Measure W
Result		Votes	Percentage
d No		1,971	57.13%
Yes		1,479	42.87%

Election results from Office of the Los Angeles County Clerk

Text of measure

Ballot question

The following question appeared on the ballot:

“

Shall an ordinance be adopted approving the Civic Center-Northeast Specific Plan for property located at the northwest corner of Cross Creek and Civic Center Way that regulates development and limits uses to allow construction of a commercial shopping center up to 38,425 square feet, proposed to include a grocery store, retail and recreational/educational uses?

”

Full text

The full text of the Civic Center-Northeast Specific Plan is available here.

Support

Artist's rendering of the proposed development

Supporters

Whole Foods Malibu - Yes on W was formed to campaign in favor of the proposed development.

Support campaign logo

The following individuals signed the official argument in favor of Measure W:

• Justine Petretti, vice chair of the city parks and rec. commission
• David Charvet, 20-year resident
• Michelle Kahenzadeh, co-vice president of the Webster Elementary PTA Family Program
• Linda Ellrod, vice president of the Malibu Special Education Foundation
• Michael Mazzola, former owner of Giovanni's Restaurant

Arguments in favor

Supporters argued that Measure W would reduce out-of-city trips, boost the city's economy, provide a new location for shopping, dining and recreation, and bring about street repairs and improvements at several key intersections free of cost to the tax payers.

Official argument

The following official argument was submitted in favor of Measure W:

“	Bring Whole Foods to Malibu. Vote YES on W. Yes on W approves the "Whole Foods and the Park" Plan. Facts you should know about Measure W: Approves a Whole Foods market for Malibu. Limits development to 15% of this site. Includes a "Shane's Inspiration" inclusive playground open to all children including those with special needs. Creates a community garden that offers school children an opportunity to learn about natural and organic farming. The Plan was designed by a LOCAL architect with input from educators, parents, and special needs advocates. The result? The Plan benefits LOCAL RESIDENTS - not people visiting Malibu. WHY WHOLE FOODS MALIBU? Whole Foods is a worldwide leader in natural and organic foods. A Whole Foods market means healthier food and healthier choices for local families. Whole Foods has been rated #1 by Greenpeace for several years for its efforts to promote sustainable seafood policies (Greenpeace Seafood Sustainability Index). REDUCES TRIPS OUTSIDE MALIBU - FUNDS IMPROVEMENTS We ALL hate traffic in Malibu. But ask yourself: "Will someone drive from Santa Monica or Thousand Oaks to shop at a Whole Foods market in Malibu?" Unlikely. Many Malibu families are currently driving to Santa Monica, West LA and Thousand Oaks to shop at Whole Foods. YES on W offers a LOCAL choice to reduce outside trips. If Measure W is approved, three intersections will be upgraded, reducing traffic and improving safety -- at no cost to taxpayers. Measure W was approved by the Malibu Planning Commission and the Malibu City Council. You now have the responsibility to make the final decision. Bring Whole Foods to Malibu. Support a Plan that benefits local families and children. Vote YES on W.	”
—Justine Petretti, David Charvet, Michelle Kahenzadeh, Linda Ellrod and Michael Mazzola

Below is the official rebuttal to the argument against Measure W:

“	Malibu voters deserve an honest debate about Measure W. Take the time to study Measure W so you can separate the facts from fictional and dishonest claims. FACT: Measure W Brings Whole Foods to Malibu Is Whole Foods coming to Malibu if Measure W is approved? You bet! Whole Foods executives talked about their plans at recent public hearings. Whole Foods has already signed a lease. Yes on W is the last step. Let's bring Whole Foods to Malibu! FACT: Measure W Reduces Out of Town Trips Hundreds of local families drive out of Malibu to shop at Whole Foods. Measure W give us a LOCAL choice to reduce those out of town trips. In addition, this Plan funds significant improvements to several local intersections that are outdated and unsafe. FACT: A Place for LOCAL Families and Children This Plan was created by LOCAL adults, families, and children's advocates. It is designed to benefit LOCAL residents + not to attract tourists. The Whole Foods Plan offers: A lovely outdoor "porch" seating area where you can enjoy a meal, a beverage, or some conversation. A "Shane's Inspiration" playground that is open and accessible to all children. A "community garden" that offers school children a chance to learn about farming and natural foods. It's simply dishonest to say that a Whole Foods market, a playground, and a garden will "jeopardize the health and safety of Malibu residents." Let's bring a Whole Foods market to Malibu! Vote YES on W.	”
—Justine Petretti, Michelle Kahenzadeh, Linda Ellrod and Michael Mazzola

Opposition

Malibu CAN logo

Opponents

The Malibu Community Action Network (CAN) was behind the Vote No on Measure W campaign.

The following individuals signed the official argument in opposition to Measure W and the rebuttal to the argument in favor of Measure W:

• Steve Uhring, resident
• Carol Moss, resident
• Skylar Peak, city council member and former mayor of Malibu
• Charlotte Frieze, landscape architect, author, editor and professor
• John G. Mazza, member and former chairman of the planning commission
• Rick Mullen, private citizen
• Michael Osterman, owner of PC Greens

Arguments against

Opponents of Measure W argued that the proposed development, especially the Whole Foods Market, would create traffic congestion and prove harmful to Malibu's culture and community.

Official argument

The following official argument was submitted in opposition to Measure W:

“	Why You Should Vote No On The Proposed Shopping Mall Malibu Voters approved Measure R in hopes that future developments would be built in a way that would preserve Malibu's unique rural character and lifestyle. This project will do the opposite. It brings excessive amounts of new traffic into Central Malibu, it makes our roads more dangerous, jeopardizing the health and safety of Malibu residents, it ignores the rural design standards that are outlined in our building codes and it will lead to the demise of more of Malibu's special rural character. The development project was approved on the back of misleading statements. First the Developer repeatedly promotes the Whole Foods name throughout the Specific Plan in spite of the fact that Malibu's City Attorney, Christi Hogin, stated that there is no guarantee that a Whole Foods will actually be built. She said it might end up being a "Food for Less" market. The traffic study for this project was approved based upon a finding that traffic on Malibu Roads had not increased, and in some cases had actually decreased, in the past 25 years, a statement that is clearly difficult to believe. If built, this project will contribute to an additional 5400 car trips per day that will drive through the Civic Center Way/Cross Creek intersection. This approval of this project changes the concept of landscaping as we have known it. Future developments will no longer need to provide open spaces that residents can enjoy but instead can create walls, cover them in foliage and claim they are green park space. Over 60% of you voted to approve Measure R so you would have the opportunity to vote on projects like this. Join everyone at Save Malibu and vote NO on this Shopping Mall.	”
—Rick Mullen and Michael Osterman

Below is the official rebuttal to the argument in favor of Measure W:

“	Vote NO On Measure W Your NO vote on Measure W protects Malibu's rural character and lifestyle, it improves safety on our roadways by slowing the growth of additional traffic, and it reaffirms our commitment to preserve Malibu for future generations. Don't be misled by the PR campaign. Malibu's City Attorney clearly stated that Whole Foods may not be built and instead it could be a "Food for Less" market. This Shopping Mall includes a supermarket, two restaurants, multiple retail shops, 5 acres covered with impermeable cement and 12 foot walls covered in foliage that are being called a green park. "In the last 25 years traffic on Malibu Roads has decreased, so more traffic will not be a problem." That is the preposterous conclusion of the traffic study used to justify this project. This claim of decreased traffic is one reason Council Member Skylar Peak and Planning Commissioners John Mazza and Mikke Pierson voted against this development. Yes, there will be more traffic! The City's traffic consultant confirmed that this project will contribute to a minimum of 5400 additional daily car trips into Central Malibu. The project disregards the health and safety of Malibu residents, ignoring requests from Serra Canyon residents for clear evacuation routes in an emergency. Malibu's four supermarkets and Farmers Market currently offer residents an extensive variety of organic food. Join all your friends, neighbors and Save Malibu and Vote No on Measure W to force an accurate traffic study and comprehensive project analysis.	”
—Steve Uhring, Carol Moss, Skylar Peak, Charlotte Frieze and John G. Mazza

Reports and analyses

Impartial analysis

The following impartial analysis of Measure W was prepared by the office of the city attorney:

“	Ballot Measure W proposes voter ratification of an ordinance adopting the Civic Center Northeast-Specific Plan (CCN-SP), which would limit allowable uses and regulate development of property located at the northwest corner of Cross Creek Road and Civic Center Way. A specific plan is a tool authorized by state law for the systematic implementation of the general plan. State law mandates certain contents of specific plans, including the applicable development standards and the distribution of land uses and open space within the plan area. The Malibu Municipal Code requires voter-approved specific plans for commercial projects over 20,000 square feet. Before a specific plan may be submitted to the voters, the City must prepare a detailed report analyzing the proposal; comply with the California Environmental Quality Act; hold public hearings; and determine that the specific plan is consistent with the Malibu General Plan and certified Local Coastal Program. The CCN-SP has undergone the legally required review. The City Council adopted the CCN-SP as was recommended by the Planning Commission. Voter approval is required for the CCN-SP to take effect. The property proposed for the CCN-SP is zoned Commercial Visitor-Serving (CV-1). If adopted, the CCN-SP would limit the property's permissible uses to those specified in the CCN-SP. The permitted uses in the CCN-SP are a subset of those permitted in CV-1 zone. For example, motels, B&Bs, and golf driving ranges are currently permissible for the property; the CCN-SP would eliminate such uses and limit the property to specified uses, including, among others, grocery store, restaurant, retail, and recreation uses. Most development standards in the CCN-SP are the same as CV-1 standards, but there are some differences. For example, the CCN-SP would allow required landscape area to include the canopy created by trees, planter areas, and "green" walls or vertical plantings. The CCN-SP also adds other more restrictive regulations that do not otherwise exist in the CV-1 zone, such as limiting business operations to between 7am to 11pm and requiring electrical vehicle charging stations. The property owner obtained permits to develop 38,425sf of commercial retail anchored by a Whole Foods Market (24,549sf) with additional 13,876sf of retail and 4,800sf of outdoor dining on a currently vacant 5.88 acre site. The development consists of five individual buildings. Approval of Measure W is required for those permits to be final. The retail development must comply with the Municipal Code's chain store limitations (adopted by Measure R). Property owners have a constitutionally protected right to make economically viable use of their property but they are not entitled to any specific development proposal. Repeated rejection of development proposals may result in monetary liability to property owners. The ordinance approving the CCN-SP is included in this ballot pamphlet. The CCN-SP itself is available for review at http://www.malibucity.org/CCNSP. To be adopted, Measure W must be approved by a simple majority of the ballots cast in this election. A "yes" vote on Measure W favors approval of the CCN-SP. A "no" vote on Measure W opposes the CCN-SP.	”
—Malibu City Attorney Christi Hogin

Path to the ballot

Measure W was put on the ballot by the city council to ask for voter ratification of the council's approval of the proposed development, as required by Measure R, which was approved by city voters in 2014.

Related measures

• Malibu City Commercial Property Regulations, Measure R (November 2014) a

Recent news

The link below is to the most recent stories in a Google news search for the terms Malibu shopping center Measure W. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

City of Malibu Shopping Center at Cross Creek and Civic Center Way, Measure W (November 2015) - Google News

See also

• Local zoning, land use and development on the ballot
• Los Angeles County, California ballot measures
• November 3, 2015 ballot measures in California

External links

Suggest a link

• Los Angeles County Elections Office website

Support

• Whole Foods Malibu - Yes on W website

Opposition

• Malibu Community Action Network website and Facebook page