Pot Pharmacy Placement Proviso Prohibited by Planning Panelists

• Location Is Too Close to Park According to Muncipal Code

BY BILL KOENEKER

Amid pleas from medical marijuana patients and complaints from neighbors, the Malibu Planning Commission last week turned down a request for a variance for a pot pharmacy currently open to allow it to operate 1000 feet from a park, which is not allowed by city code.
The owners and operators of Green Angel Collective, a medical marijuana dispensary, wanted the planning panel to issue a Conditional Use Permit and a variance for the business that has been operating for several years in the Old Courthouse Square Plaza despite being located 1000 feet from Las Flores Canyon Park.
Malibu’s ordinance prohibits a pot pharmacy from being located within a 1000-foot radius of a church, temple, or other places used primarily for religious worship, or a playground, park, library, licensed child day care facility, nursery school, or school.
Assistant City Attorney Greg Kovacevich told the commission it could deny the request without prejudice and allow the applicants to come back with a zone text amendment to change the law as it currently stands for the 1000-foot radius.
“This is called a use variance and it is prohibited by state law. We can issue variances for development standards but not zoning uses,” said Kovacevich, in explaining why the commission could not vote for the variance.
Green Angel’s attorney Steven Schectman unsuccessfully argued that the commission was biased and favored the other pot pharmacy operating in town and alleged that his client could not get a fair and impartial hearing.
He also countered that there is no way to get to the park by vehicle, bicycle or on foot from the facility to the park that is not more than a 1000 feet and that the spirit of the law was complied with.
The attorney went on to say that the city’s standards are for the purpose of preventing or limiting contact between citizens using any of the parks or churches or other locations and any of the services associated with a medical marijuana dispensary.
“The variance is sought because my clients have clearly, properly addressed standards and intent of [the municipal code], yet the city has indicated that it will require strict compliance with the words of the ordinance as it relates to the proximity of parks,” the attorney said.
Commissioner Jeff Jennings disagreed. “It looks like it is going to take a zone text amendment. You get the city council to change the law. The law is written pretty clearly. It is the radius. There is no way this body can grant a variance. The ZTA is the only way you are going to get where you need to go,” he said.
“I do agree with Jeff that you could come back with a ZTA,” said Commissioner John Mazza.
Panelist Ed Gillespie agreed with his colleagues. “My heart goes out to people who need this medication. We have to abide by the law. Our hands are tied,” he said.
“This is not a case of whether medical marijuana is useful,” pointed out Chair Joan House, who said her family of doctors have supported medical marijuana as a legitimate use for various medical maladies. “It is a process of just obeying the law.”
At first, the commission voted on a motion to allow the CUP application to go forward and put a time limit on when the applicant could apply for the ZTA.
However on a 2-2 vote with Commissioner Regan Schaar absent, that motion was defeated.
A second motion to vote the staff recommendation simply denying the variance request without prejudice passed on a 3-1 vote with Mazza dissenting.