ASA appeals LA zoning interpretation
May 22nd, 2010Posted by Don Duncan
LA City Hall
Americans for Safe Access (ASA) filed an appeal of the Zoning Administrator’s interpretation of the new medical cannabis ordinance in Los Angeles on Friday. The appeal challenges the Zoning Administrator’s position on parking and nonconforming use status for medical cannabis collectives.
In an interpretation published on May 6, Zoning Administrator Michael Logrande states that collectives “operate in a way that is similar to medical offices and clinics,” and should therefore have one parking space per two hundred square feet of floor space. That is a tough standard for collectives to meet, especially in combination with the other restrictions on where they can be located. ASA argues that the parking requirement should be based on the square footage of the facility used for retail and manufacturing use – a computation that would make finding a new location easier.
ASA’s appeal also challenges the Zoning Administrator’s position that medical cannabis collectives have no status as prior nonconforming uses, vested land use rights that may make it possible to challenge the applicability of the new ordinance. Nonconforming status is a significant component of the lawsuit filed by ASA on March 2 seeking to overturn some portions of the city’s medical cannabis ordinance. It is also expected to be a significant part of litigation filed by other groups.
This appeal is part of an ongoing effort to improve the State’s most severe medical cannabis ordinance. Our research and experience show that sensible regulations reduce crime and complaints around collectives, while preserving access for legal patients. We must not let those who oppose medical cannabis or misguided city staff use the regulatory process to roll back safe access to medicine. That is why ASA remains committed to fighting for reasonable regulations in Los Angeles and other jurisdictions.
May 22nd, 2010 at 7:26 pm
I do not understand, given Los Angeles traffic patterns and limited parking availability for MANY facilities, how the LA Zoning Committee can dictate what is not consistent. When I go to my HMO medical group, there is frequently no parking available in the few disabled spaces, no parking available in the patient parking lots, no parking available in front of the facility. I am left to my own devices to navigate the neighborhood in search of fifteen feet of unused space. How ridiculous is it to demand that clinics and dispensaries abide by some arbitrary “rule” that other businesses cannot maintain? The truth is, Los Angeles politics is structured to impose as much inconvenience & interference as possible.
May 24th, 2010 at 2:45 pm
[...] Read the entire post on the ASA Blog. [...]
May 25th, 2010 at 10:06 am
same goes for a cafe , if you have 10 tables you have to have 10 spots.
the reason you cant find a spot now is only a small portion of spots is required for handicap spaces , before the zoning rules no spots were required , so now all new codes have the spaces required.
the regulations the city passed on these shops is unfair and hopefully will be challenged and deemed “unconstitutional” just like sb420
I support ASA
May 26th, 2010 at 6:45 pm
[...] Americans for Safe Access (ASA) filed a lawsuit challenging due process violations in March, and an administrative appeal of parking and nonconforming use issues raised by the Zoning Administrator last week. Other [...]