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Pot’s legal marijuana in Pacifica and California now, but the devil is in the details of how to implement

Pot’s legal in Pacifica and California now, but the devil is in the details of how to implement

The Planning Commission met in a study session Monday, May 2, to narrow down its recommendations to City Council for a land use ordinance regulating legal marijuana businesses in Pacifica.

The commissioners favored including state prohibitions of tobacco and alcohol retailers selling marijuana. They favored keeping a 600-foot buffer from schools, day care centers and places where youth activities are held. An overlay of those locations will be used to choose where marijuana businesses can locate within commercial districts. They asked for a further overlay that provides them with the locations of places of worship. A few commissioners favored a 1,000-foot buffer but realized that may have the unintended consequence of invalidating any businesses from opening in Pacifica. It would preclude the Fairmont Shopping Center, for example. They wanted the businesses located in areas that can handle the extra traffic and parking.

Commissioner Jeffrey Cooper said he favored keeping marijuana businesses away from businesses like the tutoring center in the Park Mall and medical offices. Associate Planner Christian Murdock said he can determine findings on a case-by-case basis for a particular applicant in a particular location.

The commissioners said they favored marijuana businesses subject to a discretionary permit. There will be a two-part permitting process that begins with the police department doing a background check and fingerprinting and then the planning department makes its checks for a new business permit.

City Attorney Nira Doherty said the existing marijuana businesses will not be grandfathered in and allowed to continue to do business without applying for the two-step permit process.

Commissioner John Baringer asked that the permittees be required to reapply for their businesses licenses every few years. Director of Planning Tina Wehrmeister said that can be done. Also the planning permit will be contingent on the police permit, and vice versa.

They agreed to allow manufacturing facilities in the areas zoned service commercial and testing in the areas zoned community commercial.

They expressed concerns about the potential for garish signage and stated they wanted to regulate the new business signs that go in, just as they would for any new business in Pacifica.

They disagreed somewhat about what security standards should be required for those cultivating up to six marijuana plants for personal use. The standards presented in the city staff report by Murdock would require the marijuana grower in a residential area to cultivate the plants in the backyard and have a six-foot solid fence with a self-closing, locking gate with an alarm. Murdock further recommended prohibiting cultivation on a property next to a school.

Public speakers spoke both for and against bringing marijuana businesses to Pacifica. Several people associated with one existing business spoke to its low-key presence and strict security. One speaker said it may bring more crime. Mary Bier of the Prevention Partnership said the edibles should be kept far away from students and the businesses far away from the recovery community.

credit:pacificatribune.com