Medical Pot Shop Gets OK Despite Neighborhood Concern

Despite pleas from neighbors and nearby business owners concerned about the possibility of increased crime, Santa Barbara city officials approved a medical marijuana dispensary in the 500 block of N. Milpas Street that its operators are billing as a responsible, not-for-profit cooperative.

While upset to learn that other dispensaries, including some illegal operations, have not been falling in line with recently approved city regulations on pot shops, members of the Planning Commission seemed impressed with the pitch made by the Santa Barbara Patients' Collective Health Cooperative.

"This is probably one of the cleanest applications we have seen come forward," said Commissioner Bruce Bartlett, adding later, "It would be nice to see a positive example [of a medical marijuana dispensary] in this community."

The collective plans to install 14 security cameras, hire licensed security guards and employ a strict no-tolerance policy when it comes to customers that break the rules. The shop would operate from 10 a.m. to 7 p.m. in a 1,100 square-foot space on the northeast corner of Haley and Milpas streets.

"Our mission is to have a legal and socially responsible operation," said James Lee, a partner in the cooperative, describing how the business would even donate a portion of its profits to local charities and service organizations.

But that did little to quell the concerns of nearby residents, who said their neighborhood is already suffering the negative consequences of a medical pot shop operating in the 300 block of N. Milpas Street.

"The Eastside is particularly vulnerable," neighbor Naomi Greene said, arguing that another dispensary would only fuel existing problems with crime and violence.

She pleaded with city officials to hold off on approving the cooperative until the Santa Barbara City Council finishes grappling with its laws that regulate medical marijuana dispensaries. The council recently pitched the ordinance back to a committee for tinkering after receiving complaints about illegal dispensaries and an influx of pot shops in certain neighborhoods.

But commission members said the medical marijuana cooperative proposed for 500 N. Milpas St. shouldn't be punished for the missteps of others.

"It doesn't mean we should prejudge the next applicant that comes along based on people who aren't playing by the rules," said Commissioner Addison Thompson, adding that cases of other dispensaries not following their conditions of approval should be considered an enforcement issue.

Danny Kato, a senior planner with the city, said police are stepping up enforcement along with the city's zoning department to address concerns about illegal or problematic dispensaries. In fact, authorities arrested one man and are recommending charges against a second man after breaking up a marijuana sales operation on Wednesday in a trailer park in the 1200 block of Cacique Street.

"We know about some of them," Kato said. "I don't think we know about all of them."

Some shops have shut down by the city only to pop up again weeks or months later, he said, adding that residents who become aware of illegal pot shops should call the police or the city's anonymous code enforcement tip line at 897-2676.

As far as the Santa Barbara Patients' Collective Health Cooperative, its operators said access to the shop would be tightly controlled with a double-door process. Those who violate the cooperative's terms, such as by loitering or using their medicinal marijuana near the shop, would not be allowed to return.

Customers would need to show valid state identification and a doctor's recommendation, which would be verified before entrance would be granted. A licensed security guard would monitor the store and its exterior to ensure nearby areas aren't being used improperly.

Addressing concerns about a possible increase in crime, Lee referenced an increase in crime during the prohibition of alcohol and a subsequent drop in violence after it was abolished.

"We displace the black market," he said, adding that the cooperative would sell marijuana at rates above street prices and offer no bulk discounts to discourage resale on the street.

Some neighbors remained unconvinced, appealing to the commission to consider the nearby junior high and high schools. Many students walk along Milpas Street after school to eat at fast food restaurants or make their way home.

The schools both fall outside the 500-foot radius established by city leaders to protect educational and community-related buildings from being in close proximity to pot shops, but that regulation in particular has been tagged for further study.

Greene, among others, said she is also worried that the city won't enforce the strict requirements being included in the approval of the cooperative's business permit.

"You can't take it on faith that these things are going to happen," she said, adding later, "There's been no enforcement on the part of the city."

Others are concerned about the parking situation on that busy stretch of Milpas Street. Only one parking space is connected to the dispensary, a handicapped-only spot to the rear of the building.

Nearby business owners expressed concerns that their parking lot, which is located behind the various shops in that block of the street, would be overrun by visitors to the dispensary, despite promises from the cooperative's owners that security guards would ensure no customers used those spaces.

"We barely have enough parking right now for the block," said John Cochrane, who manages the building next door to the proposed dispensary.

Commissioner Harwood White, the only member to vote against the project, said he had concerns about the parking situation and would have preferred waiting to approve the dispensary until the City Council had a chance to take action, possibly by establishing a temporary moratorium on new pot shops until the regulations are revised.

However, he too acknowledged that the owners of the cooperative had "done a professional job of putting their package together."

The commission ultimately voted 4-1 in favor of the dispensary, and its operators said they expect it will take at least six weeks of construction to prepare the building prior to opening.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Daily Sound
Author: ERIC LINDBERG
Contact: The Daily Sound
Copyright: 2009 NODROG Publications, LLC and The Daily Sound
Website: Medical Pot Shop Gets OK Despite Neighborhood Concern
 
Congradulations to the City of Santa Barbara for taking a proactive approach and to the Collective for its professional approach to securing approval.

Good Luck in your efforts and in being a good example for others to follow.

This is the way we will obtain acceptance and prove the naysayers wrong.
 
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