Planning Staff Says No to a Second Malibu Pot Pharmacy

BY BILL KOENEKER

The Malibu Planning Commission is being asked by its planning staff to deny a permit for a pot pharmacy currently in operation in the city because it is too close to a park.
The owners and operators of Green Angel Collective, a medical marijuana dispensary, want the planning panel at its June 2 meeting to issue a Conditional Use Permit for the business, which has been operating several years and is located in the Old Courthouse Square Plaza.
Malibu’s ordinance requires that a pot pharmacy shall “not be located within a 1000 feet 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.”
“The Green Angel Collective proposes to operate in its existing location which is located within 1000 feet of the Las Flores Creek Park,” wrote the city’s Associate Planner Ha Ly.
However, Green Angel’s attorney, Steven Schectman, argues 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.
“The applicants are aware that a newly opened park that contains a playground area that may be ‘as a bird flies’ within a 1000 feet circumference from the subject premises, however, the use of the circumference “as a bird flies' method of measure is not relevant in order to achieve the clear intent and purpose of the specific location and development standards,” wrote Schectman.
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.
“As such, because of the impossibility of accessing the park by any other means other than public streets, sidewalks or any other means of access that is less than 1000 feet, it is the applicants' position that their current location is in compliance with the clear intent of the [law],” he added.
As evidence, municipal planners received photographs to demonstrate that the proposed location is about 1431 feet from the park entrance on Rambla Pacifico and approximately 1684 feet from the park entrance on Las Flores Canyon Road
Planner Ly takes exception to that. “However, [the municipal code] states that a medical marijuana dispensary ‘shall not be located with a 1000 foot radius of a…park’ the proposed use is located within a 1000 foot radius of the park. The distance between the entrance of the park and the use is irrelevant. Accordingly, the finding cannot be made,” she wrote.
The applicants and their attorney countered. “These aerial photos conclusively demonstrate that there is no pedestrian, motor vehicle or bicycle means of access to a newly opened park. As such because of the impossibility of accessing the park by any other means other than public streets sidewalks or any other means of access that is leas than 1000 feet, it is the applicants' position that their current location is in compliance with the clear intent of section 17.66.120,” Schectman added.
Another potential problem might loom for Green Angel given that the planning staff received correspondence of a print-out of an online forum discussion between registered members on Weedtracker.com celebrating that the pot pharmacy’s “lounge is open.” There were such comments as, “You can test your medicine as long as you have a designated driver. PS We have now added two HVY glass pieces.” Malibu’s law does not allow onsite consumption of marijuana.
With that in mind planning staff made a site visit. “Staff cannot verify conclusively whether the meeting room is used as a smoking lounge and staff cannot conclude if the online posting was submitted by the operators of Green Angel. However, the photograph provided by the user appears to be similar to the meeting room indicated on the site plan,” the staff report states.
Schectman also indicated that if the commission sides with its planner, the applicants are requesting a variance from the 1000-foot rule.
“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 wrote in amending the application to include a variance request.