Jacob Bell
New Member
Days after a judge granted a preliminary injunction to shut down the medical marijuana dispensary on Clayton Road, the city's Planning Commission voted -- without ever mentioning marijuana -- that it violates the zoning rules for its location.
The Herbal Essence dispensary had been operating until Jan. 14, when Contra Costa County Superior Court Judge Cheryl Mills ordered it to shut down immediately and submit to an inspection by the city within five days, according to Dorji Roberts, an attorney for the dispensary.
It has since shut its doors, Roberts said. The building's parking lot was padlocked Wednesday.
On Wednesday night, the Planning Commission ruled that the dispensary violated Concord's zoning rules -- but not because it dispenses medical marijuana.
The commission agreed with the city's staff that the original zoning approval of a holistic healing and massage business was made in error. Such businesses are considered personal services, which are banned in the office district where the dispensary was located.
The dispensary opened in July, located in a one-story house at 5065 Clayton Road, in a commercial stretch across from the Lucky grocery store,
Medical marijuana dispensaries are also banned under Concord's municipal code, but that was not the subject of Wednesday's planning meeting. The ban also was not mentioned in the injunction, which refers to city zoning rules in saying the dispensary must shut down.
Such citywide bans have been challenged in court; a case challenging Anaheim's ban is still pending.
However, marijuana never came up at the Concord Planning Commission meeting.
"The business that was approved through the administrative occupancy permit was not permitted in that zoning district," said Tambri Heyden, Concord's interim planning manager.
Roberts said it was not fair for the city's staff to grant an approval for a healing business and then backtrack. Herbal Essence's operators signed a 3½-year lease based on the city's approval.
"It was nothing (Herbal Essence) did to affirmatively mislead planning staff," Roberts said. "(City planners) are the experts."
Roberts noted that the building had previously been occupied by a window company, which conducted retail sales at the site -- another use banned in that zoning district.
Kevin Costa, chairman of the Planning Commission, said it was a black-and-white matter for the panel.
He said it was unfortunate that the city had initially approved the business, but the commission was still obligated to follow the zoning law, as it has in other similar cases.
"There are other businesses that have made the same mistake," Costa said. "As we move forward, we're correcting these issues."
The dispensary is evaluating its options, but it plans to keep fighting to reopen, Roberts said. The injunction is preliminary, meaning the dispensary can still argue that it should be allowed to operate.
"The patients suffer," Roberts said. "There are not many places in the eastern part of the county where patients can have safe access to their medicine."
News Hawk- GuitarMan313 420 MAGAZINE
Source: mercurynews.com
Author: Paul Thissen
Contact: Help - San Jose Mercury News
Copyright: Copyright © 2011 - San Jose Mercury News
Website: Injunction, zoning ruling shut down Concord medical pot dispensary - San Jose Mercury News
The Herbal Essence dispensary had been operating until Jan. 14, when Contra Costa County Superior Court Judge Cheryl Mills ordered it to shut down immediately and submit to an inspection by the city within five days, according to Dorji Roberts, an attorney for the dispensary.
It has since shut its doors, Roberts said. The building's parking lot was padlocked Wednesday.
On Wednesday night, the Planning Commission ruled that the dispensary violated Concord's zoning rules -- but not because it dispenses medical marijuana.
The commission agreed with the city's staff that the original zoning approval of a holistic healing and massage business was made in error. Such businesses are considered personal services, which are banned in the office district where the dispensary was located.
The dispensary opened in July, located in a one-story house at 5065 Clayton Road, in a commercial stretch across from the Lucky grocery store,
Medical marijuana dispensaries are also banned under Concord's municipal code, but that was not the subject of Wednesday's planning meeting. The ban also was not mentioned in the injunction, which refers to city zoning rules in saying the dispensary must shut down.
Such citywide bans have been challenged in court; a case challenging Anaheim's ban is still pending.
However, marijuana never came up at the Concord Planning Commission meeting.
"The business that was approved through the administrative occupancy permit was not permitted in that zoning district," said Tambri Heyden, Concord's interim planning manager.
Roberts said it was not fair for the city's staff to grant an approval for a healing business and then backtrack. Herbal Essence's operators signed a 3½-year lease based on the city's approval.
"It was nothing (Herbal Essence) did to affirmatively mislead planning staff," Roberts said. "(City planners) are the experts."
Roberts noted that the building had previously been occupied by a window company, which conducted retail sales at the site -- another use banned in that zoning district.
Kevin Costa, chairman of the Planning Commission, said it was a black-and-white matter for the panel.
He said it was unfortunate that the city had initially approved the business, but the commission was still obligated to follow the zoning law, as it has in other similar cases.
"There are other businesses that have made the same mistake," Costa said. "As we move forward, we're correcting these issues."
The dispensary is evaluating its options, but it plans to keep fighting to reopen, Roberts said. The injunction is preliminary, meaning the dispensary can still argue that it should be allowed to operate.
"The patients suffer," Roberts said. "There are not many places in the eastern part of the county where patients can have safe access to their medicine."
News Hawk- GuitarMan313 420 MAGAZINE
Source: mercurynews.com
Author: Paul Thissen
Contact: Help - San Jose Mercury News
Copyright: Copyright © 2011 - San Jose Mercury News
Website: Injunction, zoning ruling shut down Concord medical pot dispensary - San Jose Mercury News
