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A bid to open what would be the second pot shop in Fairfax could be headed for defeat in the face of public opposition.
After a three-hour hearing, the Town Council voted 4-1 on Wednesday to continue the matter to its next meeting. Town staff will present a resolution to reject the application, by the company Element 7, to open a dispensary at 930 Sir Francis Drake Blvd.
The hearing included about 45 minutes of public testimony against the proposal. No one spoke in support. Traffic, public health and safety were among the main points against the plan, including in comments from the council majority.
Councilwoman Barbara Coler, who cast the dissenting vote, said, “I haven’t heard anything compelling that’s new that tells me this would constitute an impact to health, safety and general welfare.”
“What I’m hearing tonight is frankly that no more (cannabis) businesses are welcome,” Coler said. She said the applicants presented a good business plan and “seem to have a good handle on the cannabis regulations.”
If approved, Element 7 would replace Mana Bowls, an acai cafe, with a cannabis dispensary called Fairfax Remedy.
The proposal has driven residents to collect more than 700 signatures on a petition against the project. One of the concerns raised is that residents do not want a corporate cannabis operation in Fairfax.
In the fall, the Planning Commission determined the business would be considered a formula business, or chain store operation, and would require a formula business conditional use permit in order to operate. Town code does allow chain businesses without one.
Element 7, which was founded in 2018 and opened its first store in Fort Bragg, filed an appeal saying it is not a corporate chain, although part of the company merged with southern California-based Glass House Farms last year.
Josh Black, head of operations at Element 7, also said the company would be willing to accommodate the commission’s concern about design elements, including the paint color, the size of its signs, and style of railing.
However, if the resolution to reject the application is approved, the appeal becomes moot.
The proposal includes a walk-in medical dispensary business, which would require patrons to have a medical marijuana card authorized by a doctor. There would also be a delivery component to the business: Customers 21 and older could order recreational use products for home delivery.
Several commenters at the meeting said an adult-use dispensary is required to obtain a separate business license at a separate address from the medical site. The applicants proposed to operate both from the same address.
“This is a sticking point in the application,” said Lynnette Shaw, founder and owner of Marin Alliance CBC, the town’s first and only cannabis shop.
Shaw said she had to wait a year to pass inspections in order to operate her business as separate entities.
Residents said the proposed site is too prominent on the main drag, across from a major transit hub and surrounded by other family businesses.
“I can tell you without a doubt that replacing a youth hangout with a store where 18-year-olds could purchase cannabis concentrates is a health and safety risk,” said Michelle Leopold.
Councilwoman Renee Goddard said the council made a mistake when it approved the town’s cannabis business regulations, specifically criticizing a zoning map that dictated where dispensaries could be situated. Goddard said the council should consider revising the map before entertaining any other applications.
“We need to move the buffers around to protect our most lively, well frequented multi-aged, multi-festive spaces in or town,” she said.
The council majority agreed.
Mayor Stephanie Hellman said this is the first time the town’s cannabis regulations have been tested.
“It was designed for multiple bids. We got one,” she said. “I think it’s flawed. I think we’re seeing that and I think we’re recognizing that this site is not a good location.”
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