Pubdate: Tue, 10 Nov 2009 Source: Record Searchlight (Redding, CA) Copyright: 2009 Record Searchlight Contact: http://www.redding.com/ Details: http://www.mapinc.org/media/360 Author: Scott Mobley Cited: Redding City Council http://www.ci.redding.ca.us/council/council.htm Bookmark: http://www.mapinc.org/topic/dispensaries Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States) PUBLIC HEARING TO ADDRESS MARIJUANA City Planners to Recommend Cultivation Limits and Zoning Restrictions The Redding Planning Commission will take a first stab at setting marijuana cultivation limits and zoning restrictions for medical marijuana collectives during a public hearing today. City planners will recommend the commission limit outdoor marijuana gardens to 100 square feet for the six mature plants allowed under Prop. 215. The gardens would have to sit behind a self-closing gate in a 6-foot-tall, "non-climbable" fence, under the proposed zoning regulations. Caregivers growing for more than one qualified medical marijuana patient may apply to the city for outdoor gardens up to 200 square feet, under the zoning city planners are proposing. Planners also are urging the commission to adopt zoning that would forbid medical marijuana cultivation within 50 feet of a front property line, 25 feet of a side property line, 15 feet of a rear property line and within 40 feet of any neighboring home. Jess Brewer, CEO of the Trusted Friends collective in Redding, said the proposed restrictions would effectively ban outdoor medical marijuana cultivation on the city's myriad smaller lots. "What are you going to do with a lady who lives in the Garden Tract trying to grow one plant on her patio?" Brewer said. "She will not be in compliance." Brewer said he did not have any problems with the fencing requirements. The proposed regulations on outdoor cultivation are meant to be a starting point for discussion, planners said in their report to the commission. Planners did not take a position on indoor cultivation in their report, but raised concerns about electrical fires and mold. The commission's deliberations on marijuana cultivation come after the City Council last month imposed a 45-day moratorium on new medical marijuana collectives to allow officials time to develop regulations on dispensary operations and cultivation. Redding hosts an estimated 20-plus medical marijuana collectives, with some observers putting the number as high as 40. A council majority on Oct. 20 approved a set of regulations that would subject medical marijuana collectives and their records to police inspection. The proposed regulations do not allow new collectives within 300 feet of a residential district and within 1,000 feet of a school, day care center, park or another collective. Based on these restrictions, planners today will urge the commission to adopt zoning forbidding medical marijuana collectives in zoning districts for small office buildings and neighborhood shopping areas. Redding's proposed medical marijuana regulations have divided the council, which deadlocked while attempting to approve them on a routine second reading during a special meeting Oct. 26. Councilwoman Missy McArthur changed her initial yes vote to a no vote at that meeting, saying the new ordinance posed too many unanswered questions. Vice Mayor Patrick Jones has consistently voted against the new ordinance, saying it conflicts with federal law, which outlaws marijuana possession. City Attorney Rick Duvernay has told the council that Redding and other cities may regulate medical marijuana under guidelines adopted by the state legislature in 2003. The council is scheduled to take up the medical marijuana ordinance again Nov. 17, when Mayor Rick Bosetti is expected to be present to cast a tie-breaking vote. Meanwhile, city planners will draw up more definite restrictions on marijuana cultivation and zoning limits on collectives for commission consideration Nov. 24. The commission is scheduled to vote on a final set of regulations Dec. 8, according to a report. - --- MAP posted-by: Richard Lake