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.