Pubdate: Fri, 06 Aug 2010 Source: Chico Enterprise-Record (CA) Copyright: 2010 Chico Enterprise-Record Contact: http://www.chicoer.com/feedback Website: http://www.chicoer.com/ Details: http://www.mapinc.org/media/861 Note: Letters from newspaper's circulation area receive publishing priority Author: Toni Scott LOCALS STAND UP FOR POT DISPENSARIES AT CHICO PLANNING COMMISSION MEETING CHICO -- If medical marijuana dispensing collectives are permitted in Chico, local Realtor Dan Beveridge said more than just marijuana growers and collective owners stand to profit. Speaking before the Chico Planning Commission Thursday night, Beveridge said the crippled commercial real estate market could get a much-needed boost if dispensaries are allowed to legally set up shop in Chico. Beveridge, who was approached last year by Citizen Collective - a proposed Chico medical marijuana dispensary - said he was initially "pessimistic" when asked to help the nonprofit find a location to operate. But after working with the organization and its executive director Dylan Tellesen, a local artist and Butte College instructor, as well as local commercial property owners, Beveridge said he now sees the possibility that lies with medical marijuana dispensaries. "In an economic perspective, I think it could be a boon," Beveridge said. Beveridge was among about a dozen speakers who addressed the commission Thursday, all of whom generally spoke in favor of the ordinance that would allow for the cultivation, processing and distribution of medical marijuana by dispensing collectives. The ordinance also addresses residential marijuana grows. The Chico City Council initially reviewed the draft ordinance in May, forwarding the potential municipal code amendment to the Planning Commission for a public hearing. Currently, the city's municipal code prohibits the distribution of marijuana by collectives or cooperatives. Residential marijuana grows are not regulated. The ordinance would amend the city's municipal code to permit dispensing collectives in light manufacturing and industrial zones, as well as general manufacturing and industrial zones within the city. Mark Wolfe, city interim planning services director, said there have been two dispensing collectives in recent months that have set up shop within the city limits. A number of dispensaries also exist in the outlying Chico area. Wolfe said both dispensaries in the city limits were notified that they were in violation of the city's municipal code, and one has since ceased operations. Wolfe said the other dispensing collective - previously reported to be Doctor's Orders Co-Op Inc. at 4950 Cohasset Road - has refused to comply with the city's code and is incurring fines for failing to shut its doors. If the medical marijuana ordinance is passed, however, dispensaries like Doctor's Orders, may be allowed to legally exist in Chico- at least from a land-use perspective. The dispensing collectives would be monitored under a city permit process, with the permit reviewed annually. Dispensing collective operators would be subject to criminal background checks. As it is currently written in its draft form, dispensing collectives would be prohibited within 300 feet of any residential zoning district or 1,000 feet of any school. Richard Tognali, operator of Chico's SOS Collective, told the commission he was pleased with the parameters of the ordinance as it relates to dispensaries. "I see nothing I can't comply with," Tognali said. However, Tognali said he took issue with the regulations on residential marijuana grow sizes, which he called "narrow-minded." Under the ordinance, residential medical marijuana grows are recommended to be limited to 50 square feet and all plants would be required to be at least five feet from the property line and within an enclosed side-or backyard. A permit would be required for indoor grows. The commission was expected to specifically review the grow size limitations, among other specific ordinance provisions, but with a previous agenda item exhausting most of the night, the commission opted to delay offering any recommendations on the ordinance. Instead, the commission asked for further information on the reasoning behind the specific setbacks required for dispensaries in relation to schools, and possibly day-care facilities, as well as the justification for why certain zoning areas were chosen for dispensaries. Some commissioners also asked for more information regarding the sale of marijuana-related paraphernalia at collectives. City staff recommended the sale of paraphernalia be banned at collectives, though at least two commissioners - Kathy Barrett and Jon Luvaas - said they were opposed to the recommendation. "That's an important service to the patient that needs to be allowed," Luvaas said. The commission voted to delay any formal decision on the ordinance until Sept. 16. All recommendations from the commission will be forwarded to the City Council for final approval. - --- MAP posted-by: Jo-D