Tuesday marked the fifth time since July that the medical marijuana issue has come before the city of Santa Barbara Ordinance Committee, which voted unanimously to move ahead with changes to the city’s ordinance, including the prohibition of dispensaries within 1,000 feet of Casa Esperanza and in existing mixed-used buildings that have residential condominiums.

The Santa Barbara City Council last week directed the Ordinance Committee to continue the work it has been doing on an existing ordinance and to begin revising the language to restrict medical marijuana distribution outlets to those that comply with state law.

On Tuesday, committee members agreed on a citywide cap on dispensaries. There would be seven total, one in each of the neighborhoods, including outer State Street, De La Vina Street, Mission Street, downtown east of State Street, downtown west of State, Milpas Street and the Mesa. The dividing line bisecting the west and east downtown neighborhoods, formerly State Street, was moved farther east, to Anacapa Street.

The committee also approved a change that would require security officers of the buildings to get a background check from a state-licensed, private-party operator security company.

The committee also approved a prohibition on dispensaries in existing mixed-use buildings where the residential units are condominiums and within 1,000 feet of Casa Esperanza.

Most of the dialogue among committee members, staff and the city attorney centered on the cap that would be enforced among each of the city’s seven zones. Of particular interest was what to do with two dispensaries that are slated to be in the same west downtown zone, the Farmacy at Paseo Chapala and another at 2 W. Mission.

Committee member Grant House and chairman Das Williams were in support of creating a system to guarantee their permits while they looked for other locations to operate, ensuring they don’t lose their status in processing.

City staff took issue with that idea, however.

The Farmacy was approved but is under appeal. “Which means it’s not approved,” senior planner Danny Kato said.

The other location, at 2 W. Mission, did get a permit, but it was revoked. “That is unfortunate,” Kato said, “but to let them stay in line because of the cap doesn’t seem fair.”

Williams took issue with that because he felt the city was changing the rules “midstream.”

“I just think this is the cleanest way to handle a very messy situation,” he said.

House agreed, saying people who have made it through the planning process shouldn’t be made to start over.

“Of all the kinds of dispensaries that there could be, that would be the kind that has gone through our process and rigorously abided by all this stuff,” he said. “They’re going to completely go back to the beginning of the process. That’s the rub right there.”

When committee member Dale Francisco was asked about the idea, he said he felt like it was “opening up a can of worms.”

Williams suggested that the city stop processing applications from those two zones until the first applicant has an opportunity to change the application and have a vote on its merits, prompting city attorney Steve Wiley to speak up.

Drafting a zoning ordinance to a specific project wouldn’t work, he said, and that “legally, that’s very suspect.” 

Both dispensaries were suspended after the staff hearing officer’s decision, he said, and approval had not been finalized. “I don’t support the idea that we owe someone something when they didn’t get through the entire process,” Wiley said.

One dispensary per zone was agreed upon, and a reduced amortization period of six months for existing and nonconforming dispensaries would begin when the revisions are adopted by the City Council.

Last Tuesday, the City Council talked about the issues facing for-profit dispensaries as opposed to nonprofit collectives and a moratorium on pending and approved dispensaries. The council will look at the moratorium issue in December.

Tuesday’s item will go to the Planning Commission in January, and then to the City Council.

— Noozhawk staff writer Lara Cooper can be reached at lcooper@noozhawk.com.