Public Hearing on Cannabis Conditional Use Permit on Monday’s Council Agenda

The City Council will hold a public hearing on a Planning Commission decision to approve a Conditional Use Permit that would allow a cannabis operator to operate at 827 East Colorado Boulevard.

In November, the City Council adopted an ordinance amending Section 17.50.066 of the Zoning Code to allow for up to three cannabis retailers within each council district and reducing the distance required between cannabis retailers from 1,000 feet to 450 feet.

The amendment allowed the city to approve SweetFlower’s CUP application.

But according to the owners of cannabis dispensaries Integral and Harvest, the decision to allow more dispensaries was a “project” and is subject to CEQA (California Environmental Quality Act) review.

According to a city staff report, the appellants cite a Supreme Court decision where the court found that the city of San Diego’s zoning code amendment constituted a ‘project’ and was subject to CEQA review.

But, according to a city staff report, the San Diego amendment allowed up to 36 cannabis dispensaries and therefore amended that city’s zoning regulations to permit the establishment of a sizable number of retail businesses of an entirely new type.

“The court found that establishment of these new types of businesses is capable of causing indirect physical changes in the environment thus warranting its consideration as a project.” according to the city’s staff report.

The Planning Commission unanimously approved the Conditional Use Permit (CUP) allowing Culver City-based SweetFlower to sell commercial cannabis products at a 1,414 square foot tenant space beside Subway restaurant, located within a non-historic commercial building at 827 East Colorado Boulevard.

SweetFlower will be the second commercial cannabis retailer permitted in Council District 3. The first was Harvest of Pasadena.

SweetFlower’s location is 471 feet away from another existing cannabis retailer, Essence, which is located at 908 East Colorado Boulevard.

SweetFlower will be the second commercial cannabis retailer permitted in Council District 3.

The first was Harvest, which is currently doing business in District 3.

In 2018, 63% of voters approved Measure CC, which originally allowed a maximum of six dispensaries, one per district, and required each shop to maintain a distance from other dispensaries as well as from churches, schools, libraries and parks.

A split City Council voted to amend the ordinance last year to allow up to three cannabis operators to do business in District 3, despite the protests of Councilman John Kennedy, who represents that district.

Harvest and Essence also opposed the changes.

The new regulations decreased the required distance between retailers from 1,000 feet to 450 feet.

In December, lawyers for Essence and Harvest filed a lawsuit against the city over amendments to the city’s cannabis ordinance allowing more than one dispensary per council district.

According to the lawsuit filed by lawyers representing Integral Associates and Harvest of Pasadena by approving the Zoning code amendment; the City’s unlimited and carte blanche grant to itself of the right to amend Measure CC is an unconstitutional usurpation of the people’s initiative power by the City; and (3) the express language of ballot Measure CC approved by the voters directly conflicts with the City’s grant of unlimited amending power to itself.

In the lawsuit lawyers called the zoning code amendment a “flagrant disregard of the will and intent of the voters who passed Measure CC.”

Measure CC also gave the City Council the authority to amend the ordinance without voter consent.

The city chose six dispensaries in 2019 with Integral, Atrium, Sweetflower, Medmen, Harvest, and Tony Fong selected to move forward in the process.

The city’s process has been fraught with lawsuits.

Atrium, MedMen and Sweetflower unsuccessfully attempted to sue the city after they were not allowed to advance in the approval process.

Despite the fight to sell cannabis in Pasadena, legalized cannabis has not been the boon that many expected.

In December, leaders in the cannabis industry warned of impending doom and collapse if they were not awarded immediate tax cuts and a rapid expansion of retail outlets.

“The opportunity to create a robust legal market has been squandered as a result of excessive taxation,” the letter said. “Seventy-five percent of cannabis in California is consumed in the illicit market and is untested and unsafe.”

The heavily taxed and regulated industry is apparently unable to compete with the continued illegal sale of marijuana which offers consumers far lower prices.

According to the letter, street sales of illegal marijuana are double or triple the legal business.

Those illegal sales are now spurred on by relaxed penalties in the name of racial justice.

African Americans and Latinos bore the brunt of law enforcement actions for cannabis activities for decades and now in many communities they are being aced out of the economic advantages from selling cannabis legally.

Pasadena currently has no local social equity program.