HARDSHIP EXEMPTION APPLICATION (JDI/

'["""""""" "
ilC6Area: ! Council File No.: /' i
I CITYWIDE
!1-""--' __ ··,°""'··,°"'-""',,0,
I ".. "... .(l7~(!flZ:~1!]$l)7
! Additionalinterim
" ••. _._,._••... _,."._ .•• ,,",_ .... __
,._, __

Iinterim Control Ordinance No.:

,
Control Ordinance No.: """""i ,
179027
Effective Date:
sept.l¥2007
Appjjcal1i'(Record"owrier):'"
GREEN CURE, LLC
Notfor Profit
IApplicant Mailing Address i Zip Colle:
I
i 8051LincolnBlvd#1 ' 90045
; Westchester,CA90045
i Applicant's Representative I.ielepl"u:me:
l. Stewart Richlin, Esq.
Ii Zip Code:
323-938-9644
i Representative's Mailing Address:
!
'i 1800 Century Park East #600 90067 90067

-.. :l:~
! •...j'."

.. _.. _._c,..)- .. i' rn

See attached See attached

Existing Zone (ZIMAS): Permit History (Include Permit Numbers):

Existing Land Use Designation (From City Planning N! A

Department):
See attached

This retail location of approximately.AOlJllsqfeet is a medical marijuana collective. The entity is

a non-profit and serves critically and chronically ill patients only upon verification of status with
licensed physician. The entity is compliant with the attorney general's guidelines. The
collective is permitted, and has a retail sales license with insurance and appropriate collective
membership documents in place. All of these documents are attached including the non-profit
corporate charter and a declaration from legal counsel regarding the hardship.

. .. . Note:A Pilaster
i?;Mi
i.iiniiiiseAPplicatioifjs~otreqUi~
(t
.
W
 , 1

I
The collective proposes to operate as a legally registered collective in full compliance with
California Prop, 215, S8420, and Los Angeles ICO #179027,

Why do you believe a hardship exists for which an exemption should be grai'lted? (Attach a stalemenl on
a separate sheet if necessary. An economic analysis may also be submitted.)

A hardship exists in thai through no fault of our patient collective, the federal government has
been utilizing selective enforcement and a pattern of terror and fear upon the medical
marijuana patients, collectives and caregivers. Despite the 1996 passage of Proposition 215

CONTINUED NEXT PAGE

Do you have any olllmersnip interest in any other parcels within 300 feet of this property? ( )Yes
(If yes, submit a map showing the location and boundaries of the property for which an exemption is being
1NO
requested, and the location of the other ownerships.)

ADDITiONAl-INFORMATiON FiliNG REQUIREMENTS

In addition to this form, all below items should be included with the application, unless otherwise instructed by City
Siaff.

a. Attach a map showing the location and boundaries of the property for which the exemption is being
requested. (May be the same map as required in No.7)

b. Attach a Plot Plan showing the building footprint, parking plan, landscaping, balconies, driveways,
any amenities, etc.

c. Attach an Elevation Plan, which includes dimensions for all views.

d, Attach Building Plans. If plans have been accepted by the Department of Building and Safety, list Plan
Check No. and Submittal Date _

e. Submit a Project History summary that includes dates and descriptions of meetings, negotiations,
expenditures, commitments, etc.

f. Submit Photographs of the subject property and all surrounding property - not over 8 Yo x 11 inches, but of
adequate size to illustrate the condition and physical context of the property under discussion.

g. Attach any additional information as needed.

Note: A Master Land Use Application is not required.

Page4of5
and subsequent clarification through SB 420, both federal and state governments have been
slow to evolve and adapt. In the very recent past, within the past couple of months, some very
promising developments have occurred: 1. The Attorney General has set forth guidelines here
in California to finally clarify the rules for proper operation of a dispensing collective; 2. The
United States Supreme Court has declined to rehear the People v. Kha case showing the
unmistakable trend toward federal recognition and a new era of properly regulated and
operated collectives. In addition the election of President Obama and his consistent
statements in defense of medical marijuana patients and in favor of state's rights give our
collective some solace, bolstered by the announcement on March 26, 2009 that the federal
government would no longer conduct "raids" on medical marijuana in the state. Our
management brings extensive office management skills as well as compassion and
knowledge as to proper and restrained medication with cannabis pursuant to the
recommendation of only a licensed physician here in California. In the mean time we have
been compelled to operate on an extremely limited basis providing for the care of
management and close family without full local sanction due to the federal threat. Due to this
threat we were precluded by fear of harassment and selective prosecution from serving our
patient base openly and with full licensure, etc, and this has constituted a hardship as the
conflict between California and federal law had previously required that managing members of
the collective literally confess a federal crime in order to register under the ICO in
1h
contravention of our 5 amendment constitutional rights against self-incrimination. This is the
hardship we faced. Due to the recent legal developments above, we are able to file without
the above threat and we respectfully submit this is the basis of the hardship for which we seek
exemption from the filing date set forth in the ordinance. In addition we assert the particular
hardships of our patients in that they are ill patients who have a quasi-privilege to have safe
access to their and their licensed California physician's preferred medicine. In addition we
assert a financial hardship in that management has entered into contractual obligations for the
benefit of the patient population, all as will be shown at the hearing hereon.

PAGE 4.5
 G INFORMA TiOI\! IS TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE.

Date

Date

* Proof of ownership will be required at the time of application submittal. A recorded grant deed and/or
City Clerk's ownership records printout are acceptable.

Mote: A Master Land Use Application is not required.

Page50f5
 City of Los Angeles
Department of City Planning

05/1212009
PARCEL PROFILE REPORT
PROPERTY ADDRESSES AddresslLegal Information
8051 S LINCOLN BLVD PIN Number: 099B157 325
Lot Area (Calculated): 5,501.7 (sq ft)
ZIP CODES Thomas Brothers Grid: PAGE 010 - GRID 2D
90045 Assessor Parcel No. (APN): 4114010018
Tract: TR 10501
Map Reference: M B 158-36137
RECENT ACTIVITY Block: None
None Lot: 263
Arb (Lot Cut Reference): None
CASE NUMBERS Map Sheet: 099B157
CPC-2005-8252-CA
CPC-1986-787-GPC Jurisdictionallnforma!ion
ORD-165865-SA610 Community Plan Area: Westchester - Playa del Rey
ENV-2005-8253-ND Area Planning Commission: West Los Angeles
ENV-2005-8253-MND Neighborhood Council: Westchester - Playa del Rey
Council District: CD 11 - Bill Rosendahl
Census Tract #: 2766.01
LADBS District Office: West Los Angeles

Planning and Zoning Information

Special Notes: None
Zoning: R3-1
Zoning Information (ZI): ZI-1802 Hillside Grading
Ordinance Exemption Area
General Plan land Use: Community Commercial
Plan Footnote - Site Req.: See Plan Footnotes
Additional Plan Footnotes: Westchester
Specific Plan Area: Los Angeles Coastal
Transportation Corridor
Design Review Board: No
Historic Preservation Review: No
Historic Preservation Overlay Zone: None
Other Historic Designations: None
Other Historic Survey Information: None
Mills Act Contract: None
POD - Pedestrian Oriented Districts: None
CDO - Community Design Overlay: None
NSO - Neighborhood Stabilization Overlay: None
Streetscape: No
Sign District: No
Adaptive Reuse Incentive Area: None
CRA - Community Redevelopment Agency: None
Central City Parking: No
Downtown Parking: No
Building line: None
500 Ft School Zone: No
500 Ft Park Zone: No

ASSessor Information
Assessor Parcel No. (APN): 4114010018
APN Area (Co. Public Works)': 0.126 (ac)
Use Code: 0500 - 5 or more units (4 stories or
less)
Assessed Land Val.: $714,000
Assessed Improvement Val.: $408,000
last Owner Change: 02126/08
Last Sale Amount: $1,100,011
Tax Rate Area: 68
Deed Ref No. (City Clerk): 865167
lhoeontent& of this report are bound by the User Agreement 85 described In the Tetms and ConditIons of this website. For more details. please l1Jf8r to the Terms & Conditions link Joc:ated at http://zlmas.loofly.Of(J.
\) • APN Area: LA COunty Assessor's Office Is no1 the data provider for Ih18ltem. Tho data soun:e 18from the Los Angeles County's PubUc Works, Rood Control, BenefIt Asso8$mant
 648780
328151
328150
328149
2413777
2354219
1060509
Building 1:
1. Year Built: 1954
1. Building Class: 06
1. Number of Units: 5
1. Number of Bedrooms: 10
1. Number of Bathrooms: 5
1. Building Square Footage: 3,882.0 (sq tt)
Building 2:
2. Year Built: Not Available
2. Building Class: Not Available
2. Number of Units: o
2. Number of Bedrooms: o
2. Number of Bathrooms: o
2. Building Square Footage: 0.0 (sq tt)
Building 3:
3. Year Built: Not Available
3. Building Class: Not Available
3. Number of Units: o
3. Number of Bedrooms: o
3. Number of Bathrooms: o
3. Building Square Footage: 0.0 (sq tt)
Building 4:
4. Year Built: Not Available
4. Building Class: Not Available
4. Number of Units: o
4. Number of Bedrooms: o
4. Number of Bathrooms: o
4. Building Square Footage: None
Building 5:
5. Year Built: Not Available
5. Building Class: Not Available
5. Number of Units: o
5. Number of Bedrooms: o
5. Number of Bathrooms: o
5. Building Square Footage: 0.0 (sq tt)

Additional Information
Airport Hazard: 150' Height Limit Above Elevation
126
Coastal Zone: None
Farmland: Area not Mapped
Very High Fire Hazard Severity Zone: No
Fire District NO.1: No
Fire District NO.2: No
Flood Zone: None
Hazardous Waste I Border Zone Properties: No
Methane Hazard Site: Methane Buffer Zone
High Wind Velocity Areas: No
Hillside Grading: Yes
Oil Wells: None
Alquist·Priolo Fault Zone: No
Distance to Nearest Fault: 6.47827 (km)
Landslide: No
liquefaction: No

Economic DevelOJlment Areas

Business Improvement District: None
Federal Empowerment Zone: None
Renewal Community: No
Revitalization Zone: None
State Enterprise Zone: None
Targeted Neighborhood Initiative: None

The contents of thla report am bound by tho User Agreement as described: In the Terms 8I'Ii ConditIon$ of this website. For more detaUs,. please referto the Tenns Be Conditions link Iocared at hUp~tnmas.Iacfty.OIlJ.
n.APN Area: lA County A88e&SOr's 0ffIc& Is not the data provkIertor th!s Hem. The data soun:efs from the Loa AngoJos County's PuJ:fic wens. Flood COntrol. BenefJt Asses:ament.
 Public Safety
Police Information:
Bureau: West
Division I Station: Pacific
Report District: 1473
Fire Information:
District I Fire Station: 5
Batallion: 4
Division: 2
Red Flag Restricted Parking: No

llIe contents of this report are bound by tOO User Agreement 88 de&Cribed In the Terms and CoOOItion8 of this WQbslle. For more details, please refer to the Tams & CondItions nnk located at http:lkimaaJacfty.~rg.
(' w APN Ama: LA County AS8GS80r'$ OffIce Is not the data provider for Oils Item. Thedata sourr:e .. from the Los AngeJes County's Public Wotka, FloOd Control. Benefit • ,ItIhL
 CASE SUMMARIES
Note: Information for Case Summaries is Retrieved from the Planning Department's Plan Case Tracking System (PCTS) Database.
Case Number: CPC-2005-8252-CA
Required Action(s): CA-CODE AMENDMENT
Project Description(s): AN ORDINANCE ESTABLISHING PERMANENT REGULATIONS IMPLEMENTING THE
MELLO ACT IN THE COASTAL ZONE.

Case Number: CPC-1986-787-GPC

Required Action(s): GPC-GENERAL PLANIZONING CONSISTENCY (AB283)
Project Description(s): AB-283 PROGRAM - GENERAL PLANIZONE CONSISTENCY - WESTCHESTER AREA -
COMMUNITY WIDE CHANGES & COMMUNITY PLAN CHANGES TO BRING THE
ZONING INTO CONSISTENCY WITH THE COMMUNITY PLAN. INCLUDES CHANGES
OF HEIGHT AS NEEDED. REQUIRED BY COURT AS PART OF SETTLEMENT IN THE
HILLSIDE FEDERATION LAWSUIT (DAN GRE ...

Case Number: ENV-2005-8253-ND

Required Action(s): ND-NEGATIVE DECLARATION
Project Description(s): AN ORDINANCE ESTABLISHING PERMANENT REGULATIONS IMPLEMENTING THE
MELLO ACT IN THE COASTAL ZONE.

Case Number: ENV-2005-8253-MND

Required Actlon(s): MND-MITIGATED NEGATIVE DECLARATION
Project Descrlptlon(s): AN ORDINANCE ESTABLISHING PERMANENT REGULATIONS IMPLEMENTING THE
MELLO ACT IN THE COASTAL ZONE.

DATA NOT AVAILABLE

ORD-165865-SA610

The confeRta or this report ate bound by the User Agreement 88 described In the TQfmBand Conditions of thle website. F'ormore detaDa., please refer to the Terms. & Conditione link located at trtqnh:Imas,taclty.org.
M • APNArea: LA Cou~ Assessor's Offlc& la not the data provitUtr for this Item. The data $Ol.I1'Ce 1& from the 1..08 Angeles County's PubUc Wom. F\ood Control, Benef(t Assessm&nt.
You are advised to research marijuaua as medicine, and consult
with your doctor as to dosage and frequency of medication. You
are responsible for following these guidelines. You are responsible
to use not abuse medicine. If we have any indication you are
abusing medicine we will refuse service.

AS A CONDITION OF JOINING THE COLLECTIVE AND

ENTERING OUR FACILITY, AND/OR BY UTILIZING SUCH
MEDICINEIHERBAL MARIJUANA AND RELATED
PRODUCTS AS YOU MAY OBTAIN, YOU, YOUR HEIRS
AND THOSE WITH YOU EXPRESSLY AND FOREVER
DISCLAIM THE WARRANTY OF MERCHANTABILITY AND
THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE.

Any product obtained at our facility may be inspected prior to

delivery, however since medical purity so requires, all transactions
are final. The marijuana and related products are offered solely on
an AS IS basis with no warranty whatsoever.

Patient understands that cannabis/marijuana may impair a person's

ability to drive a vehicle or operate machinery.

Patient understands that loitering on or around a dispensary is

prohibited by Cal. Penal Code section 647(e).

Diversion of Marijuana for Non Medical purposes is a violation of

state law.

Please leave your friends, even fellow patients, at home, and

NEVER in your car waiting for you.
Any member of law enforcement who is a bona fide patient must
disclose the fact that he/she is a member of law enforcement.
Otherwise, by entering these premises, you promise, state and
affirm, under penalty of perjury under the laws of the State of
California, that you are not a member of, affiliated with, nor
employed by any law enforcement department, entity, or agency.

Management reserves the right to refuse service to anybody at any

time for any reason or no reason whatsoever.

As a condition of entering our facility, and/or by utilizing such

medicinelherbal marijuana and related products as you may obtain,
you, your heirs and those with you expressly and forever waive
any and all claims now known, or discovered at any time in the
future due to, related to or arising from your use of marijuana or
any other productlherb/foodloillconcentrate you may obtain at our
facility.

As a condition of entering our facility, and/or by utilizing such

medicinelherbal marijuana and related products as you may obtain,
you, your heirs and those with you expressly and forever release
our dispensary, its owners, landlord, operators, managers,
employees, agents, attorneys, growers, providers, wholesalers,
officers, directors, members, from and against any and all lawsuits,
alter-ego lawsuits, demands, charges or claims with reference to
the strength, potency, purity, toxicity, appropriateness for your
condition of any marijuana and related products you may obtain at
our facility; further, that you knowingly waive the provisions of
civil code section 1542 which states in pertinent part that "A
general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor."
As a condition of entering our facility, and/or by utilizing such
medicinelherbal marijuana and related products as you may obtain,
you, your heirs and those with you expressly and forever waive
any and all claims now known, or discovered at any time in the
future due to, related to or arising from your storage or handling of
marijuana or any other product!herb/foodloiVconcentrate you may
obtain at our facility. KEEP ALL MEDICINE FAR FARAWAY
FROM CIDLDREN OR ANYONE ELSE, UNDER LOCK AND
KEY. ANY DEVIATION FROM THIS RULE IS DONE AT
THE SOLE RISK AND RESPONSIBILITY OF THE PATIENT.

You agree not to use the medical marijuana you obtain from this
center for social or casual marijuana use, but only for the medical
condition for which it was recommended by your doctor.

You agree that as a Patient Member of our Collective, to abide by

these rules and regulations.
I have read and agree to the above rules and regulations.

1. I have been diagnosed with a serious illness for which

cannabis provides relief and I have received a
recommendation or approval from my licensed California
physician to use cannabis.
2. I understand my contributions for medicine I may acquire
from this Collective are used to ensure continued operation
and that this transaction in no way constitutes commercial
promotion.
3. The monies I pay are to help the Collective to continue to
operate, to maintain employees and a location and the
associated costs and expenses of providing its members with
medicinal marijuana for their medical needs.
4. The collective may cultivate, obtain, transport and possess
cannabis on my behalf.
 5. I designate the collective as my provider for medical
marijuana.
6. I authorize the collective to contact my physician, and I
authorize my physician to verify my recommendation to the
collective.
7. I agree that I consistently rely upon the collective as the
exclusive source of my cannabis medicine (except such
medicine as I may cultivate individually.)
8. This designation shall remain in effect for 12 months, until
the expiration of my recommendation, or until I revoke my
designation in writing by certified mail, return receipt
requested, whichever comes first.

X Date: _

How did you hear about our

collective? _

Can the collective send you info, specials, discounts, and the
annual Patient Members ballot to your EMAIL? If so please
provide your email address:

Please print slowly

Dated: Signed: X. _
Printname: _
Print email address (pRINT SLOWLY):

I Date/Dr.om.e Confirmation by
 1 Declaration of Stewart Richlin, Esq.
2

3 I am an attorney duly licensed to practice in California since

4 1986. I make the following declaration under penalty of
5 perjury under the laws of California. All the facts I am setting
6 forth herein are true and correct of my own personal knowledge
7 and I could and would so competently testify, or I may make my
8 declaration on information and beli~f, as indicated.
9

10 The collective is insured, permitted and licensed. The founding

11 opened his first center pre-ICO but was pressured into closing.
12 Having reopened, in part delayed due to federal as well as local
13 pressure this center now files its hardship. The directors are
14 patients with personal experience of the usefulness of cannabis
15 medicine. The main proprietor is a disabled individual whose
16 personal experience is that cannabis medicine is effective and
17 safe. He now operates the collective in a formal location and
18 their pledge is to due so perfectly according to the strictures
19 of State law in general and the City of Los Angeles Interim
20 Control Ordinance in particular. The entity is transforming per
21 the Guidelines to a mutual benefit non-profit corporation which
22 is consiStent therewith. I am informed and believe that the
23 management of the entity brings experience in personal services
24 and expertise in the varieties and uses of medical marijuana
25 strains in the service of medical marijuana patients. I have

Page - 1 - Declaration of Richlin

 1 been hired to file documents to bring the entity into compliance
2 with the August, 2008 Attorney General's guidelines in general,
3 and to present this hardship.
4

5 I have interviewed the management in detail and was consistently

6 impressed with the attention to compliance with state law
7 demonstrated by them. I am informed and believe that each and
8 every patient has been and/or will be screened carefully and in
9 fact every recommendation was confirmed by phone call to the
10 licensed physician who made the recommendation.
11

12 As for these applicants, a hardship exists in that through no

13 fault of the patient collective, the federal government has
14 been utilizing selective enforcement and a pattern of terror
15 and fear upon the medical marijuana patients, collectives and
16
caregivers. Despite the 1996 passage of proposition 215 and
17
subsequent clarification through SB 420, both federal and state
18
governments have been slow to evolve and adapt. Although an
19
older collective, it has not been aware of nor availed itself
20
of the hardship process until this point in time.
21

22
In the very recent past, within the past few months, some very
23
promising developments have occurred: 1. The Attorney General
24
has set forth guidelines here in California to finally clarify
25

Page - 2 - Declaration of Richlin

 1 the rules for proper operation of a dispensing cOllective; 2.
2 The United States supreme court has declined to rehear the
3 people v. Kha case showing the unmistakable trend toward
4
federal recognition and a new era of properly regulated and
5
operated collectives. Furthermore, the election of President
6
Obama in light of his pledges to defund the persecution of
7
medical marijuana and the honoring of state law has aided us in
8
bringing forth our application without fear of unconstitutional
9
and irrational reprisals from the federal government. To that
10
end, US Attorney General Holder has just within the past couple
11
of weeks declared that there will be no more "raids" or
12
harassment of those medical marijuana patients who rely upon
13
and follow State laws on the topic.
14

15
Applicant's management brings compassion and knowledge as to
16
proper and restrained medication with cannabis pursuant to the
17

18
recommendation of only a licensed physician here in California.

19 However they have been compelled to operate without full local

20 sanction due to the federal threat. Due to this threat they

21 were precluded by fear of harassment and selective prosecution

22 until this last month, and this has constituted a hardship as

23 the conflict between California and federal law had previously

24 required that managing members of the collective literally
25 confess a federal crime in order to register under the ICO.

Page - 3 - Declaration of Richlin

 1 This is the hardship applicant has faced. Having faced the
2 thread of reprisals for exercising legally protected state
3 rights the members of the collective are only now able to
4
openly and without fear come to the aid of the patients.
5
Now, due to the above recent legal developments applicant is
6
able to file without the above threat and respectfully submits
7
this is the basis of the hardship for which we seek exemption
8
from the filing date set forth in the ordinance. In addition
9
the management of the center was unaware until this date of the
10
hardship process. I was in a trial in which Ms. Daisy Mo and
11
Mr. Todd Robertson testified for the City of Los Angeles
12
Planning department, and I am informed and believe and thereon
13
declare that the hardship process is available to these parties
14
according to the word of the law and the statements of the
15
abovementioned.
16
If I can be of any further assistance or arrange for further
17
information or testimony I would be pleased to do so, just let
18
me know.
19
I make the foregoing declaration under penalty of perjury under
20
the laws of the State of California. Signed at Los Angeles, CA
21
2009
22

23

24
STEWART RICHLIN
25

Page - 4 - Declaration of Richlin

DISCLAIMER: The information displayed here is current as of May 8. 2009 and is updated weekly. It is not a
complete or certified record of the Limited Partnership or Limited Liability Company.

I LPILLC
IGREEN CURE, LLC
INumber: 200719710041 IDate Filed: 7/1612007 IStatus: active
IJurisdiction: CALIFORNIA

I Address
18314 ALVERSTONE AVE.
IWESTCHESTER, CA 90045

I Agent for Service of Process

IBRlAN SWINK
18314 ALVERSTONE AVE.
IWESTCHESTER, CA 90045

Blank fields indicate the infonnation is not contained in the computer file.

If the agent for service of process is a corporation, the address of the agent may he requested by ordering a
stains report. Fees and instrnctious for ordering a staInS report are included on the Business Entities Records
Order Form.