Modesto looks to limit medical pot

Modesto wants new restrictions for the sick and their caretakers who grow medical marijuana, including limiting cultivation to indoors in single-family homes and not in residences where children live.

City officials say these proposed restrictions will address the potential problems of growing medical marijuana in backyards, which include the plant’s noxious odor during growing season that can bother neighbors and attract children and criminals.

Modesto’s Planning Commission will consider the matter at its Monday meeting. Commissioners will hear a report from city staff and give the public the opportunity to weigh in before making a recommendation. But the proposal won’t take effect unless the City Council adopts it at a future meeting.

Sgt. Kelly Rea, who supervises the Modesto Narcotics Enforcement Team, said police receive 50 to 100 complaints during the marijuana growing season from people complaining about the skunklike smell coming from neighbors’ yards.

He said many of those complaints involve people growing marijuana for legitimate medical purposes. He said even a couple of good-size plants or a handful of smaller plants can stink.

Officials are proposing an ordinance to regulate medical marijuana grows. A city report states that recent court cases support Modesto’s ability to regulate marijuana cultivation. The proposed ordinance states that medical marijuana can be grown by qualified patients or their caregivers under these conditions:

▪ The marijuana must be grown in a single-family home or secure, detached structure, such as a garage. Renters must receive written permission from property owners.

▪ The grow must be confined to an area no bigger than 50 square feet. Growers are required to eliminate nuisance odors.

▪ Marijuana cannot be grown within 1,000 feet of a school, park or day care center, or in homes in which children live.

Violators face a misdemeanor, a civil or administrative action. But the report states the police first will try to gain compliance by sending medical marijuana growers a letter outlining what steps they need to take.

Planning commissioners also are scheduled to hear proposals for two housing projects:

▪ The Florsheim Land Co. is requesting that the land-use designation for 91/2 acres at the southwest corner of Kodiak and Lincoln Oak drives in Village I be changed to allow for the construction of 58 single-family homes. The commission approved building a 248-unit apartment complex at the site in 2003, but the project never was built and the approval has expired. City staff is asking commissioners to endorse Florsheim’s request and forward the matter to the City Council for final approval.

▪ Winpac-Rose LLC is requesting to divide 5.54 acres at 908 Rose Ave. into 33 residential lots. The Fiore Estates subdivision would be gated and have a private road. The proposal calls for extending Vista Drive east of the subdivision to Angelene Drive at Rose Avenue, west of the subdivision. The extension would run through the proposed subdivision. The primary entrance to the subdivision would be at Rose and Angelene. The other entrance would be for emergency vehicles. The proposal has drawn opposition from dozens of neighbors. They do not want Vista opened to traffic and fear the cars from the subdivision would harm their neighborhood. Staff is asking commissioners to endorse the request and forward it to the council for final approval.

The commission meets at 6 p.m. in the basement chambers of Tenth Street Place, 1010 10th St.

This story was originally published December 13, 2014 at 8:41 PM with the headline "Modesto looks to limit medical pot."