The Malibu Planning Commission voted 4-1 Monday night to find 99 High Tide Collective, Malibu’s sole medical marijuana dispensary, in compliance with its conditional use permit (CUP) — so long as the shop implements a parking attendant in the lot it shares with businesses, including Zuma Jay’s surf shop.
The debate, which lasted for hours, grew heated — and at times personal — with members of the collective accusing surf shop owner Jefferson “Zuma Jay” Wagner and his girlfriend, Candace Brown, of open hostility toward patrons of the collective. Commissioners themselves sparred over what Vice Chair David Brotman called a “personal attack” against himself by Commissioner Mikke Pierson.
“This is my opinion: [99 High Tide employees] are very nice, but the truth is, the surf shop loses business because the people take the spots,” Zuma Jay’s employee Modesto “Mo” Chilingar told commissioners during the public comment portion of the meeting. “We have two spots in the entire lot. They have very good business; many people come.
“It was my impression they were supposed to have an attendant,” Chilingar added.
On the other side, a number of those who came to speak in favor of 99 High Tide’s compliance with its CUP mentioned that Wagner and Brown were not friendly toward patrons of the pot shop.
“These people have harassed us,” employee Alexander Williams claimed. “I want to talk about Candace and Jefferson Wagner harassing our patients constantly.”
Vanessa Rodriguez, another employee, had more diplomatic comments.
“Our intention is to be good neighbors and good tenants,” Rodriguez said, later adding, “We’re willing to work with our neighbors in any way we can to resolve these issues.”
The debate was complicated by what Commissioner John Mazza said was a failure on planning staff’s part to adequately investigate the parking lot — and clearly define the issues. The lot, which has 17 parking spaces, does not meet modern standards of parking space size, and perhaps did not fit size requirements from as far back as the 1970s and 1980s.
“[Parking spot] number five shows a space that’s seven-feet, one-inches wide, is that correct?” Mazza asked, referring to a chart of the lot.
“These measurements represent measurements taken in the field,” Planning Director Bonnie Blue replied.
“So we actually have spaces that are seven-feet, one-inch wide?” Mazza echoed. Blue repeated that the number was recorded by planning staff. According to the Malibu Municipal Code, parking spots must be a minimum of 10 feet wide.
Later in the meeting, Mazza returned to the topic.
“I find the staff did an appallingly bad job on this CUP from day one,” Mazza said.
“We intended on having adequate parking at this location, and I don’t think it’s your fault; I think it’s staff’s fault, but you got tortured for it,” Mazza told the owners of 99 High Tide. “You got tortured for it, but you won. You got your CUP.”
The sentiment that planning commissioners could not solve the parking issue was echoed by Commissioner Jeff Jennings, who reluctantly voted in favor of the collective.
“I have a hard time understanding what benefit we’re going to get out of a parking attendant, quite frankly. I’m trying to imagine what this parking attendant is going to do, and I can’t see that it’s really a solution at all,” Jennings said. “And apart from that, I don’t see any other path forward.
“Well, it’s 10 o’clock. I’m ready to give up, so I’ll vote for it,” Jennings said.
There was some hostility from the members of 99 High Tide. Mazza suggested the collective may be “lying about the number of employees [they] have,” since volunteers — presumably unpaid workers — come to work at the shop and take up parking spaces. While questioning Williams, members of 99 High Tide’s party — including owner Yvonne Greene — shouted to Williams to not answer questions. This move affronted Mazza.
“That is a dumb thing to do to a commission, OK?” Mazza said.
Later, when Jennings suggested there were perhaps some patrons who used marijuana for recreational, rather than medicinal use, there was a stir in the audience and one member of the public stormed out of the hall.
The meeting ended around 10:10 p.m., with Brotman voting against the shop and all other commissioners in favor.