Second Pot Pharmacy Seeks City Permit OK
BY BILL KOENEKER
The Malibu City Council is scheduled to hear an appeal on Oct. 12 of a planning commission decision that denied a permit for a second pot pharmacy in Malibu.
Green Angel Collective, which is operated by Linda Parsley on property owned by Douglas Himmelfarb, was denied the permits and entitlements by the commission, which insisted it could not grant permits to a medical marijuana dispensary, which is located within a 1000 feet of a park.
The commissioners found that there was no way around interpreting the law on a 1000-foot radius because of the language of the city’s ordinance.
The applicant has argued the planning panel failed to apply the clear intent of Ordinance 328 as it relates to determining the proximity of the leasehold to what they contend is the reopening of Las Flores Canyon Creek Park.
“The planning commission improperly found that Las Flores Creek Park had been opened or rebuilt as a park subsequent to the applicant’s opening and operating a medical marijuana collective and improperly denied the application for a variance,” wrote the applicant in the appeal of the matter.
Planners, the commission and the assistant city attorney all argued that a variance for a change of use was forbidden by state law. Rather, they suggested, the applicant should attempt to have the zoning law changed and suggested the process by seeking a zone text amendment.