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SDNews.com
Home News

Are OB’s medical pot shops going up in smoke?

Tech by Tech
March 9, 2011
in News, Peninsula Beacon
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Are OB’s medical pot shops going up in smoke?

Medical marijuana may soon be regulated out of existence in Ocean Beach. A proposed ordinance that would effectively ban such providers here is expected to come before the San Diego City Council later this month — and it may be the last time to sound off as a community on both sides of the issue. The Ocean Beach Planning Board has scheduled a forum to gather public comment and take a formal position March 16 at 6:30 p.m. at the Ocean Beach Recreation Center, 4726 Santa Monica Ave. Time could be running out for the handful of storefronts that dispense medical marijuana in Ocean Beach because there’s no available zoning in OB fitting the new recommendations before the San Diego City Council. The council in September finalized a list of these recommendations to the city attorney for a formal ordinance. These included restricting dispensaries through zoning and requiring a 1,000-foot buffer around churches, schools, parks and other areas (proposed rule changes on Page 4). The council’s recommendations went beyond those adopted by a special Medical Marijuana Task Force, which reported to the council last year. The 11-member task force had recommended permitting dispensaries in more commercial zones and no restrictions on commercial zones that allowed residential uses. The task force also would have allowed dispensaries to be closer together (500 feet) and allowed an easier avenue to obtain a conditional-use permit. Except for a tiny sliver of commercial office zoning on Niagara Avenue, all commercial zones in Ocean Beach — like the Newport Avenue and Voltaire Street corridors — are zoned commercial community, which would have permitted dispensaries under the task force’s recommendations. But since the types of commercial zoning in Ocean Beach also allow residential use, dispensaries would effectively be banned under the City Council’s proposed rule changes. The OB Planning Board has previously voted in support of the task force’s work, but the latest changes and the upcoming City Council vote make it the right time to revisit the issue, said planning board member Scott Therkalsen, who requested the public forum on March 16. “They (the City Council) made some pretty important changes and there hasn’t been much discussion,” said Therkalsen, who said he hasn’t made up his mind on the proposal. Board member Seth Connolly said he worries dispensaries may disappear in Ocean Beach and throughout the city. “We definitely support some regulation,” Connolly said. “We don’t want them operating next to daycares and parks, but we don’t want them [the rules] so stringent that there’s no possibility of them [dispensaries] operating within Ocean Beach.” “We should leave the door open for some of these facilities to exist in Ocean Beach. The current proposed regulations … would make it a lot tougher for people who need their services.” he said. CHANGING THE RULES Here are some of the items expected to be included in an ordinance to regulate medical marijuana dispensaries that will be considered March 28 by the San Diego City Council. The Ocean Beach Planning Board has scheduled a public forum March 16 at 6:30 p.m. at the Ocean Beach Recreation Center, 4726 Santa Monica Ave. to gather public comment. • No dispensaries would be allowed within 1,000 feet of places of worship, parks, schools, playgrounds, libraries, child-care facilities, youth facilities and other dispensaries. • Dispensaries would only be allowed in the following three commercial zones: commercial regional, commercial office and commercial community – and only if no residential uses are permitted (all commercial zones in Ocean Beach allow residential). This would also apply to certain industrial zones. • A Process 4 conditional-use permit would be required (requires approval by the San Diego Planning Commission and allows appeals to the City Council). • Proof of nonprofit status would be required. • Hours of operation would be limited to between 7 a.m. to 9 p.m., seven days a week. • No grandfathering, meaning existing dispensaries would have to comply with the new requirements. — Source: San Diego City Council meeting minutes of Sept. 13.

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