A law to control medical marijuana shops in San Diego is beginning to take shape without a cap on the number of cooperatives allowed to operate in the city.
City Council members instructed the City Attorney’s Office to draft a regulatory ordinance during a March 24 meeting of the city’s Land Use & Housing (LU&H) Committee.
The item is not yet ready for a City Council vote.
District 4 City Councilman Tony Young dissented because he said he wanted the ordinance to limit the number of dispensaries in the city.
San Diego currently has about 80 medical marijuana cooperatives, according to San Diego police Capt. Guy Swanger.
Los Angeles recently capped the number of medical marijuana cooperatives at 70, but exempted those that registered with the city in 2007, according to published accounts by the Los Angeles Times. City officials estimated between 800 and 1,000 dispensaries are currently operating in Los Angeles, according to the Times.
Meanwhile, the floodgates may open to legalize marijuana since Californians will now vote on a ballot proposal in November to legalize marijuana for personal use, cultivation and transportation.
The draft ordinance:
District 1 Councilwoman Sherri Lightner, who represents La Jolla, made a motion to impose stricter requirements than proposed by the Medical Marijuana Task Force set up by the city.
Under the draft ordinance, dispensaries would be banned from areas designated as commercial neighborhoods and commercial visitor zones, as well as from residential areas. In La Jolla, dispensaries would likely only be permitted to open along Girard Avenue because of zoning restrictions in the planned district ordinance.
Lightner also called for a more onerous permitting process than suggested by the task force. Dispensaries will need a Process 4 permit, a decision made by the Planning Commission, but which can be appealed to the City Council.
However, the cost of a Process 4 permit may be too much of a burden for small cooperatives, argued some members of the task force.
The city charges an $8,000 deposit for a Process 4 permit, but costs can quickly escalate if the project is controversial and more staff time is required, according to Glenn Gargas, a project development manager with the city’s Development Services Department.
Gargas said he’s seen controversial permits for single-family homes in La Jolla escalate to $60,000.
To accommodate small cooperatives, the task force had proposed a two-tier system: collectives with fewer than 100 members would need a Process 2 permit, and those with more than 100 members would require a Process 3 permit.
Lightner said she is aware of the potential problems of a Process 4 permit, and said the City Council should review the permitting process after a year.
The draft ordinance also includes the following provisions:
• Collectives must obtain non-profit status.
• Collectives are permitted to have long business hours, and may operate from 7 a.m. to 9 p.m.
• Dispensaries cannot be located within a 1,000-foot radius of schools, playgrounds, libraries, childcare facilities, youth facilities, parks and places of worship.
• Dispensaries cannot be located within 1,000 feet of each other.
• Dispensaries must obtain a conditional use permit, wherein the hearing officer determines on a case-by-case basis “whether and under what conditions the use may be approved at a given site.”
• Signage for the dispensaries must comply with city code and be limited to the name of the establishment and two colors.
• A security guard must be present at all times during business hours.
• The city must be able to recover the cost of dealing with the dispensaries so the city isn’t financially burden by their operation.
Source: San Diego News Network
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