Planning commission sends pot regulations to city council

Photo: Courtesy

By James R. Riffel
City News Service

The Planning Commission voted 3-2 Thursday to send a package of land-use regulations of marijuana dispensaries in San Diego to the City Council for final approval.

Dispensaries would be limited to industrial zones and operators would have to apply for a conditional use permit. Authorities do not want pot shops within 1,000 feet of schools, playgrounds, libraries, child care facilities, youth facilities, churches, parks or other dispensaries.

Dispensary operators would also have to prove their nonprofit status and conform to restrictions on signage, security, lighting and hours of operation.

One study of the regulations estimated that collectives would be allowed to operate in 97 locations throughout the city.

“Ninety-seven still seems overly restrictive to me,” said commission Chairman Eric Naslund, who cast one of the dissenting votes.

Naslund said the result would be “an outright ban” since a site might not actually be available for a dispensary to use — it could already be leased by another business or the owner might not agree to rent their space.

“It’s incumbent on us to provide fair and humane treatment, where possible” for medical marijuana patients, based on state law, Naslund said.

There are an estimated 180 medical marijuana shops operating in San Diego — illegally, according to the city. Many operators of marijuana dispensaries have been cited for code violations by the City Attorney’s Office.

About two hours worth of public speakers on the topic split roughly down the middle on whether the regulations are too restrictive or don’t go far enough.

Caroline Short, of La Jolla, said the proliferation of the dispensaries and the people loitering near them have made San Diego a different kind of place.

“We all know they’re used mainly by recreational users,” Short said. “It’s changed the fabric of our city.”

Tony Silvia said opposition to the collectives is “NIMBYism.”

If crime was such a problem around marijuana shops, then the police would be speaking out at the meeting, and they weren’t, Silvia said.

Public safety issues surrounding the outlets are being handled separately.

With their vote, the commissioners amended the recommendation by planning staff by adding colleges and universities to the 1,000-foot exclusion distance; allowing the City Council to reduce the buffer to residential
neighborhoods to 600 feet; and giving the collectives a six-month grace period to meet the new regulations.

Naslund asked staff to conduct a more detailed study of the number of locations that would be available to collectives before the regulations go to the City Council for final approval.

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  4. Faulconer re-elected as City Council president pro-tem
  5. Sanders pushes for managed competition

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Posted by Kathy Day on Jan 20, 2011. Filed under News, Region. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

4 Comments for “Planning commission sends pot regulations to city council”

  1. Guest

    The dispensaries aren't causing any problems now as clearly evidenced by the lack of police concern, but some people don't care if cancer patients suffer if it offends their delicate sensibilities. This is just shameful.

    • Carol

      It's not about suffering patients–it's a zoning recommendation. Where should they be located–no cancer patient will suffer because they need to drive to a designated area to co-op their meds.

      • 921OB

        Recommendation?? If these guidelines went through, there wouldn't be ANY dispensaries. Don't you get what they're trying to do here? Only 90 or so locations exist within those proposed zones, and out of those 90, who knows what is still available and if they're even willing to rent to dispensaries.

        The Council put together a specific "Task Force" for the purpose of coming up w/ those guidelines. Why was this pushed aside 4 months ago when they came up w/ it?

  2. 921OB

    Well City Council, it's up to you to carry out the voice of the people and voters (like you're supposed to), or be influenced by this reefer madness.

    The PC's recommendations pretty much zone out and ban the dispensaries. Do they think that the users will just stop? Odds are they're going to go just around the block from the shops and get it on the black market anyways. Will that really help crime or would it support the cartels?

    For a "progressive" State and City to have this azz-backwards logic is very unfortunate. Thankfully, I have my bong here to help make me smile =-)

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