Jacob Bell
New Member
The months-long debate over medical marijuana in Martinez has included such hotly disputed topics as whether dispensaries attract crime and if pot is a legitimate medicine.
But when the City Council takes up the issue Wednesday, maps may dominate the discussion.
For the first time, the council and residents will see the locations where a medical marijuana dispensary could open given an array of possible restrictions.
A proposed ordinance prohibits dispensaries from opening within 600 feet of schools, churches with schools or day care centers, facilities serving young people, or another dispensary. Dispensaries also must be within commercial or light industrial zoning districts no closer than 300 feet to residential parcels.
But the council has a lot of latitude on this point, according to Dina Tasini, a land use planning consultant for the city.
"The only thing required by state law is the 600 feet from the school measured property line to property line, the rest is not done that way. They could say the rest is in play," said Tasini, though she doubts council members will do so.
"If you look at the way Martinez is laid out, you do have commercial areas abutting residential, so I think the council will be concerned about how you measure and what you do to buffer," she added.
Since 2000, Martinez has had an ordinance on the books allowing medical marijuana dispensaries, but has never approved one. The city's public safety subcommittee spent more than year crafting new rules with help from medical marijuana advocates.
The ordinance creates a nontransferable license, valid for one year and eligible for annual renewal. One dispensary could operate for a six-month trial period, with a maximum of three allowed in the city.
Key provisions of the ordinance include criminal background checks for licensees, limits on the amount of marijuana patients may purchase, a ban on on-site consumption and a requirement for security guards and cameras.
Last month, the Planning Commission repealed the existing ordinance and approved the licensing process. However, commissioners suggested a slew of changes, including allowing only one dispensary to operate in Martinez, FBI background checks for licensees, a one-year trial period for the first dispensary, a ban on dispensaries in the downtown and on Alhambra Avenue, and public notification of licensing decisions.
Unlike Richmond, where dispensary operators must pay the city $83,000 in the first year of operation and more than $62,000 per year thereafter, Martinez may charge a lot less.
Proposed fees include a $6,000 deposit for new applicants and a $2,500 deposit for a license renewal the city would draw down to cover staff time for reviewing applications. To recover the $75,000 the city estimates it has spent developing the revised medical marijuana ordinance, dispensary operators would pay a one-time license fee of between $25,000 and $37,500, depending on how many licenses are granted. Licensees also would pay an annual fee starting at $9,100 to cover monitoring, review and enforcement. The city could raise the fee if it turns out $9,100 doesn't cover the city's costs.
Michael Chandler, senior management analyst for Martinez, said he based the fee structure on policies in use in Napa and Santa Rosa.
"We're trying to apply best practices and trying to recover as much as the city's costs that are fair," Chandler said.
Collective Wellness, an Oakland-based lab that tests medical marijuana, has withdrawn its application under the existing ordinance to open a dispensary in the CK Motors building on Alhambra Avenue. It was unclear last week whether the group will reapply if the council rejects the revised ordinance.
News Hawk- GuitarMan313 420 MAGAZINE
Source: mercurynews.com
Author: Lisa P. White
Contact: Contact Us
Copyright: San Jose Mercury News
Website: Martinez City Council mulls medical marijuana ordinance
But when the City Council takes up the issue Wednesday, maps may dominate the discussion.
For the first time, the council and residents will see the locations where a medical marijuana dispensary could open given an array of possible restrictions.
A proposed ordinance prohibits dispensaries from opening within 600 feet of schools, churches with schools or day care centers, facilities serving young people, or another dispensary. Dispensaries also must be within commercial or light industrial zoning districts no closer than 300 feet to residential parcels.
But the council has a lot of latitude on this point, according to Dina Tasini, a land use planning consultant for the city.
"The only thing required by state law is the 600 feet from the school measured property line to property line, the rest is not done that way. They could say the rest is in play," said Tasini, though she doubts council members will do so.
"If you look at the way Martinez is laid out, you do have commercial areas abutting residential, so I think the council will be concerned about how you measure and what you do to buffer," she added.
Since 2000, Martinez has had an ordinance on the books allowing medical marijuana dispensaries, but has never approved one. The city's public safety subcommittee spent more than year crafting new rules with help from medical marijuana advocates.
The ordinance creates a nontransferable license, valid for one year and eligible for annual renewal. One dispensary could operate for a six-month trial period, with a maximum of three allowed in the city.
Key provisions of the ordinance include criminal background checks for licensees, limits on the amount of marijuana patients may purchase, a ban on on-site consumption and a requirement for security guards and cameras.
Last month, the Planning Commission repealed the existing ordinance and approved the licensing process. However, commissioners suggested a slew of changes, including allowing only one dispensary to operate in Martinez, FBI background checks for licensees, a one-year trial period for the first dispensary, a ban on dispensaries in the downtown and on Alhambra Avenue, and public notification of licensing decisions.
Unlike Richmond, where dispensary operators must pay the city $83,000 in the first year of operation and more than $62,000 per year thereafter, Martinez may charge a lot less.
Proposed fees include a $6,000 deposit for new applicants and a $2,500 deposit for a license renewal the city would draw down to cover staff time for reviewing applications. To recover the $75,000 the city estimates it has spent developing the revised medical marijuana ordinance, dispensary operators would pay a one-time license fee of between $25,000 and $37,500, depending on how many licenses are granted. Licensees also would pay an annual fee starting at $9,100 to cover monitoring, review and enforcement. The city could raise the fee if it turns out $9,100 doesn't cover the city's costs.
Michael Chandler, senior management analyst for Martinez, said he based the fee structure on policies in use in Napa and Santa Rosa.
"We're trying to apply best practices and trying to recover as much as the city's costs that are fair," Chandler said.
Collective Wellness, an Oakland-based lab that tests medical marijuana, has withdrawn its application under the existing ordinance to open a dispensary in the CK Motors building on Alhambra Avenue. It was unclear last week whether the group will reapply if the council rejects the revised ordinance.
News Hawk- GuitarMan313 420 MAGAZINE
Source: mercurynews.com
Author: Lisa P. White
Contact: Contact Us
Copyright: San Jose Mercury News
Website: Martinez City Council mulls medical marijuana ordinance
