Pubdate: Thu, 25 Feb 2016
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2016 The Press Democrat
Contact:  http://www.pressdemocrat.com/
Details: http://www.mapinc.org/media/348
Author: Kevin McCallum

SANTA ROSA APPROVES MARIJUANA FARMS IN PARTS OF CITY

Santa Rosa will allow commercial cultivation of medical marijuana in 
industrial areas of the city, but not, at least for the moment, in 
commercial areas and business parks.

The City Council's 6-0 vote late Tuesday night represents a middle 
ground between the ban on large-scale pot growing city officials 
originally had proposed in response to new state law and the 
industry's interest in establishing legal, permitted operations 
across a broader swath of the city, including shopping malls.

"I think being a little more restrained as we move forward is 
acceptable," Mayor John Sawyer said.

The new rules are an interim measure designed to allow marijuana 
cultivation in areas least likely to conflict with existing uses 
until the city can pass a comprehensive set of regulations in the 
coming months.

No longer under pressure to meet the now-rescinded March 1 state 
deadline to regulate the industry, the city's move will go to a 
second vote on March 8, and if approved will go into effect April 8.

After that date, growers can apply for what is known as a conditional 
use permit that would effectively legalize growing operations in 
three zoning districts: light industrial, general industrial and 
limited light industrial.

The largest areas of the city where industrial uses are allowed are 
North Point Parkway and Dutton Avenue in the southwest, Yolanda 
Avenue in the southeast, Piner Road and Airway Drive in the northwest 
and Fountaingrove Parkway in the northeast.

In a nod to smaller operators, those occupying spaces under 10,000 
square feet would be allowed to apply for what is known as a minor 
conditional use permit, which costs about $2,445, according to city 
staff. Those seeking larger enterprises would need to obtain a major 
conditional use permit, which has a cost of $10,676.

In both cases, the permits only would be granted after a full 
application process that includes a public hearing before the 
Planning Commission. That process can take several months, meaning 
even those at the head of the line likely would not win approval 
until August or September, said Clare Hartman, the city's deputy 
director of planning.

The high cost and lengthy approvals process means there probably 
won't be a stampede of amateur growers seeking city approval for 
their operations, Councilwoman Erin Carlstrom said.

"You are not going to be seeing unsophisticated applicants," said 
Carlstrom, an attorney who works for a local law firm that focuses on 
the marijuana industry. "These are folks who will already have made a 
significant investment in their company and in our community."

Carlstrom argued that two additional zoning areas of the city - 
general commercial and business parks - also should be included in 
the new rules. Without them, allowable areas would be "extremely narrow."

"It is my understanding that it is a significant portion of the 
available real estate here in the city," Carlstrom said of the two 
additional zones.

The Planning Commission voted against such an expansion, stating that 
cultivation seemed less consistent with the uses in those districts.

General commercial covers uses such as restaurants and neighborhood 
strip malls, while the business park district is defined as "areas 
appropriate for planned visually attractive centers for business that 
do not generate nuisances (noise, cutter, noxious emissions).

Councilman Tom Schwedhelm, a retired Santa Rosa police chief, said he 
personally questions whether Proposition 215, which legalized medical 
marijuana in 1996, is being implemented as intended. Nonetheless, he 
said, "that ship has sailed." The question before him as a councilman 
was what was best for the city at this point, he said.

"I voted for what I felt was a reasonable, conservative step," Schwedhelm said.

Hartman said there has been significant interest in the city's 
ordinance, including from growers in the county looking to set up 
shop in Santa Rosa. Her department has fielded about two calls a day 
for the six weeks it's been working on the ordinance, she said.

It's hard to say how many will apply and see the permit process 
through to completion, but getting local permits may help them win 
state licensing, which also will be required under new, comprehensive 
state laws, she said.

"One of the reasons why the industry is very interested in this 
interim ordinance is because opportunities to be recognized, be 
permitted and be in line for these state licenses is very important 
to them," Hartman said.
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MAP posted-by: Jay Bergstrom