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Old 05-12-2008, 01:52 PM   #1 (permalink)
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Question Best Way to Fight Citywide Bans on Pharmacies

The City of Malibu is currently reviewing a proposal to ban MMJ pharmacies citywide.

There is a thread here discussing the topic.

Does anyone have a strategy that has successfully worked in the past to fight zoning changes that prohibit pharmacies?

GAM (Green Angel of Malibu) is encouraging patients to attend the planning commission meeting on June 3rd, to fight the ban.

Any advice that could help the cause would be appreciated!
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Old 05-12-2008, 02:13 PM   #2 (permalink)
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Re: Best Way to Fight Citywide Bans on Pharmacies

Quote:
Originally Posted by 420beachlivin View Post
The City of Malibu is currently reviewing a proposal to ban MMJ pharmacies citywide.

There is a thread here discussing the topic.

Does anyone have a strategy that has successfully worked in the past to fight zoning changes that prohibit pharmacies?

GAM (Green Angel of Malibu) is encouraging patients to attend the planning commission meeting on June 3rd, to fight the ban.

Any advice that could help the cause would be appreciated!

Where is it being held at? What time?
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Old 05-12-2008, 02:14 PM   #3 (permalink)
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Re: Best Way to Fight Citywide Bans on Pharmacies

Notice of Public Hearing:

The Malibu Planning Commission will hold a public hearing on TUESDAY, June 3, 2008, at 6:30 p.m. in the Council Chambers at City Hall, located at 23815 Stuart Ranch Road, Malibu, CA, for the project identified below.

ZONING TEXT AMENDMENT NO. 08-001, INITIAL STUDY NO. 08-004 AND NEGATIVE DECLARATION NO. 08-002 – An amendment to Malibu Municipal Code Chapter 17.02 (Introductory Provisions and Definitions) to clarify the definitions within the Zoning Ordinance to exclude medical marijuana dispensaries as permitted uses within any zoning designation within the City of Malibu.

APPLICANT: City of Malibu
LOCATION: Citywide
CITY PLANNER: Kathleen Mallory, Contract Planner,
ext. 256 (KMallory@PandES.net)

Pursuant to the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the Planning Division has analyzed the proposal as described above. The Planning Division found that one of the exceptions for the uses of categorical exemptions from CEQA applies. Accordingly, an Initial Study was conducted pursuant to CEQA Guidelines Section 15063 and a Negative Declaration was prepared pursuant to CEQA Guidelines
Section 15070. A written staff report will be available at or before the hearing. Following an oral staff report at the beginning of the hearing, the applicant may be given up to 15 minutes to make a presentation. Any amount of that time may be saved for rebuttal. All other persons wishing to address the Commission will be provided up to three minutes each to address the Commission. These time limits may be changed at the discretion of the Commission. At the conclusion of the testimony, the Commission will deliberate and its action will be memorialized in a written resolution. Copies of all related documents are available for review at City Hall during regular business hours. Written comments may be presented to the Planning Commission at any time prior to the close of the public hearing.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

If there are any questions regarding this notice, please contact Kathleen Mallory, AICP, Contract Planner, at 310-456-2489, ext. 256.
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Old 05-12-2008, 02:15 PM   #4 (permalink)
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Re: Best Way to Fight Citywide Bans on Pharmacies

Official Public Notice:

Name of Project: Ban on Medical Marijuana Dispensaries Ordinance
Project Description: Initial Study No. 08-004 and Negative Declaration No. 08-002

The proposed project consists of an amendment to the Malibu Municipal Code clarifying definitions in the Zoning Ordinance to exclude medical marijuana dispensaries from permitted uses in any zone in the City of Malibu. The California Compassionate Use Act of 1996, which is codified in Health and Safety Code Section 11362.5, and the Medical Marijuana Program found in Health and Safety Code Section 11362.7, together authorize the personal use of marijuana for medicinal purposes. However, neither the Act nor the Medical Program specifically authorizes the establishment of medical marijuana dispensaries. Cities with such establishments have seen an increase in loitering around the dispensaries, burglaries, parking and traffic violations and increased noise and pedestrian traffic complaints from surrounding neighbors. To protect the health, safety, and general welfare of Malibu residents, the City of Malibu is proposing to adopt an ordinance prohibiting medical marijuana dispensaries.

Applicant: City of Malibu
Location: Citywide
Lead Agency: City of Malibu
Contact: Kathleen Mallory, AICP,
Project Planner
310-456-2489, ext. 256

Review Period: Begins: May 8, 2008 Ends: June 6, 2008
The Initial Study and Negative Declaration will be circulated for a 30-day review period. Written comments will be received by the City of Malibu Planning Division until 4:30 p.m. on the ending date of the public review period.

Purpose of Review: The purpose of this review is to allow public agencies and interested members of the public the opportunity to share expertise, disclose agency analysis, check for accuracy, detect omission, discover public concerns and solicit counter proposals pursuant to CEQA Section 15200 (Purposes of Review).

Where to Send Comments: Comments regarding the Initial Study and Negative Declaration should reference “Medical Marijuana Dispensaries Ordinance”. Comments may be submitted as follows:

City of Malibu Fax: 310-456-7650
Planning Division Email: KMallory@PandES.net
Attn: Medical Marijuana Dispensaries Ordinance
23815 Stuart Ranch Road
Malibu, CA 90265

Address Where Documents Are Available for Review:
City of Malibu City Hall
Planning Division
23815 Stuart Ranch Road
Malibu, CA 90265-4861

Public Hearings Scheduled: The Malibu Planning Commission will hold a public hearing on Tuesday, June 3, 2008, at 6:30 p.m. in the Council Chambers at City Hall, located at 23815 Stuart Ranch Road, Malibu, CA, to consider the ordinance. The Planning Commission will forward its recommendation to the City Council. At this time, a City Council hearing date has not been determined. For more information, contact the City of Malibu Planning Division at 310-456-2489, extension 256 during City Hall regular business hours or consult the City’s website for further information on scheduled hearing dates.
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Old 05-12-2008, 04:48 PM   #5 (permalink)
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Re: Best Way to Fight Citywide Bans on Pharmacies

ASA has resources on our website that cover how to approach local governments and what materials to bring. Check it out: http://www.americansforsafeaccess.or...=type&type=202

ASA Field says..Support ASA's work to promote safe and legal access to cannabis for therapeutic use and research. Become a member today!
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