STOCKTON PLANNERS REJECT MEDICAL POT DISPENSARY

STOCKTON - The city's planning leaders refused Thursday to approve a
proposed medical marijuana dispensary, opposed by some for its
proximity to homes and over fears of inadequate parking.

The Planning Commission voted 4-2 to reject the dispensary, proposed
for one of the primary entrances into Stockton, 1220 W. Fremont St.,
within walking distance of another dispensary approved in May.

"This is in my backyard," said Commissioner Christina Fugazi, who
voted against the project.

In a bid to save their proposal, the pot dispensary's applicants gave
commissioners 41 letters of support from nearby businesses and
residents, many collected after supporters canvassed the area.

The applicants also promised increased security and submitted a
revised layout plan for on-site parking after concerns about demand
for street parking in the surrounding neighborhood.

The pot shop, called the Stockton Non-Profit Collective, is proposed
to be operated by two former mortgage brokers who opened a dispensary
in Sacramento called El Camino Wellness Center. The landlords would
be Stockton attorneys Douglas Rishwain and J.T. Rishwain Jr., who
would charge monthly rent calculated in part by average daily patient
transactions.

The city's ordinance prohibits dispensaries from locating within 300
feet of a residentially zoned property, but the homes across from the
collective are actually in a commercially zoned area, city officials said.

Dispensary backers stressed to commissioners that the project meets
all of the requirements of Stockton's new medical marijuana regulations.

Commissioner Antonio Garcia, who supported the dispensary, also made
note of that.

"I think we're stuck with what the city's laws and ordinances are,"
he said. "Just because we don't like it ... I think we have to follow
the rules."

The dispensary is not entirely out of contention. The applicants can
appeal the decision to the City Council.

The proposed dispensary was one of three before planning
commissioners this year.

Two others, including the other West Fremont Street location, were
approved in May, including one expected to open in October in east
Stockton in property owned by Eastland Plaza developers Anthony and
Edward Barkett.

All three beat out competition earlier this year from six other
dispensary applicants vying for one of City Hall's first three
permits allowed under Stockton's new medical marijuana ordinance.

Applicants submitted comprehensive business, security and operational
plans to a special City Council-appointed panel that, in March,
scored the applicants and picked three finalists to advance to the
Planning Commission. The project on the Rishwain property was the top finalist.