Only one of two applications can be accepted because of city law limiting medical marijuana facilities in Malibu.
By Knowles Adkisson / The Malibu Times
Two applications for a conditional use permit (CUP) to operate a medical marijuana dispensary in Malibu were scheduled to heard by the Malibu Planning Commission this week, but only one can be approved because of city law restricting the number of such facilities.
(The hearing took place Tuesday night after this paper went to print. Look for the decision online Wednesday at www.malibutimes.com.)
Both applications, from James Erickson of Malibu Collective Caregivers and Joshua Krane of the proposed Twin Lyons Wellness Center, have been recommended for approval by city staff.
However, Erickson’s application would be heard first, which puts his store first in line to be approved.
City Planning Division Manager Joyce Parker-Bozylinski said that if the commission approves Erickson’s application, Krane’s would have to be denied.
“They would judge the second [application] on its merits,” Parker-Bozylinski said, “but even if all the findings could be made, [the commission] would have to deny it” because the city’s municipal code allows for only two dispensaries to operate in Malibu at one time.
The marijuana dispensary, PCH Collective, currently is in operation in Malibu.
Erickson’s application will be considered first since his was deemed complete on Dec. 22 by the city, while Krane’s was completed Jan. 7.
Malibu Collective Caregivers would be located in an existing building at 22235 Pacific Coast Highway behind Giovanni’s restaurant. Due to limited parking in the area, Erickson has agreed to accept patients on a “by appointment only” basis and to limit appointments to 15 minutes as recommended by the city’s traffic engineer.
The Malibu Times reached Erickson by phone Tuesday but he declined to comment for this story.
Krane, is proposing a dispensary to be located at 22775 Pacific Coast Highway next to Zuma Jay’s Surf Shop that would be called Twin Lyons Wellness Center.
PCH Collective has been the sole medical marijuana dispensary in Malibu since Green Angel Collective’s application for continued operation was denied last year. Green Angel was located within 1,000 feet of Las Flores Canyon Park, which violated a municipal code that medical marijuana dispensaries “cannot be located within 1,000 feet of a church, temple, or any place used for religious worship, as well as any playground, park, library, licensed child day care facility, school or another dispensary.”
Green Angel also ran afoul of Malibu residents who complained that pot smoke could be detected coming from the dispensary, in violation of state laws that marijuana cannot be consumed at a medical dispensary, and that high school students were getting marijuana there and distributing it.
Krane told The Malibu Times that he was aware of the controversy left behind from the Green Angel debate, and that if his application was granted he would consider raising the minimum age of patients to 21, unless a parent or legal guardian accompanied them. Krane said he had consulted veterans of the medical marijuana industry in San Francisco and Los Angeles “to make sure that we are doing everything right and above board, in a way that is beneficial to the community of Malibu.”
Savory seeks full alcohol license
Also before the commission Tuesday was a resolution to approve CUP granting Savory restaurant a full alcohol license, as well as adding 201 square feet of outdoor seating.
Savory has been operating with a California Department of Alcoholic Beverage Control beer and wine license since it opened in 2010 in Point Dume Village. The upgraded license would allow it to sell liquor, in addition to beer and wine. City staff have recommended that both the seating and liquor requests be granted.