Property manager sues to stop cannabis dispensary on Wave Street in Monterey.

In 2023, the Monterey City Council established four cannabis retail zones on North Fremont Street, downtown, in the Wave Street area, and in the Lighthouse/Foam Street area. Since then, two dispensaries have opened: Off the Charts on Lighthouse Avenue and Element 7 in downtown Monterey. A third dispensary, operated by Monterey Organics LLC, is slated to open at 845 Wave St., once permits are finalized and construction on the building is complete.

Despite the Wave Street property’s location in the cannabis retail zoning district, neighbors are pushing back. Brent Waldman, property manager for the building next door, which houses Bistro Moulin, filed a lawsuit on Oct. 15 against the City of Monterey, claiming that it improperly issued zoning clearances and building approvals for the project. As part of the lawsuit, Waldman sought a temporary restraining order to immediately halt construction and commercial development of the property as the case continues through the court system.

One of Waldman’s primary arguments against the establishment of a dispensary at that location is its proximity to the Monterey Bay Aquarium, which Waldman argues is “a primary youth educational, enrichment and cultural facility.”

According to city code, “No cannabis business may be located within a 600-foot radius measured from property line to property line of a school, day care center, or youth center.” Waldman reports the property is about 450 feet from the Monterey Bay Aquarium.

At the Oct. 20 hearing regarding the temporary restraining order, Judge Ian Rivamonte was not convinced that the Aquarium is legally considered a school or youth center because it is not primarily used to host recreational or social activities for minors, per the legal definition.

Waldman argued that the Aquarium meets the legal definition because of its robust youth programming and said he is currently conferring with state officials to home in on the definition. In the City’s defense, Monterey City Attorney Christine Davi highlighted a years-long public process that began in 2020 to establish the four cannabis retail zones, including Wave Street.

Rivamonte said he recognized the Aquarium has educational programming and activities for children and teens, but “the same can be said for Disneyland and Knott’s Berry Farm.”

He denied the temporary restraining order. The next hearing is scheduled for Tuesday, Nov. 17.