Pubdate: Fri, 24 Oct 2014 Source: San Diego Union Tribune (CA) Copyright: 2014 Union-Tribune Publishing Co. Contact: http://www.utsandiego.com/ Details: http://www.mapinc.org/media/386 Note: Seldom prints LTEs from outside it's circulation area. Author: David Garrick S.D. RELAXES POT SHOP RULE Regulation barring opening within 1,000 feet of 'minor-oriented facility' was too broad SAN DIEGO - San Diego officials loosened rules this week governing where the city's first legal medical marijuana dispensaries can open, giving new hope to several frustrated pot shop applicants. The city decided to soften a prohibition against opening a dispensary within 1,000 feet of a "minor-oriented facility" because the previously broad interpretation of that term had stymied many applicants. The change comes one week after a dispensary proposed in Otay Mesa became the first to receive city approval. That dispensary, A Green Alternative, is expected to open by the end of the year. Several other dispensaries are expected to be approved in coming weeks. But some still seeking permission have been blocked by the "minor-oriented facility" regulation, so city officials say they've decided to change how they enforce that rule. They've agreed to possibly allow a dispensary near such a business if most of the surrounding businesses cater primarily to adults. Laser tag businesses, places that teach music and Chuck E. Cheese restaurants are among the types of nearby businesses that will no longer automatically disqualify a dispensary applicant, but instead trigger further assessment. It was concern about children at such businesses that drew opposition to the dispensary in Otay Mesa at a hearing earlier this month. Judy Strang said the location was inappropriate because it would be near family food businesses. "There are a lot of families with children coming and going," she said. Any loosening of the rules - particularly as it pertains to the proximity of minors - is likely to be met with further criticism by those opposed to allowing dispensaries at all. The new change could eliminate a hurdle for seven dispensary applicants that had previously failed to qualify for approval recommendations from city planning staff. "Many applicants weren't qualifying because of the interpretation of minor-oriented facility," said Edith Gutierrez, the development project manager overseeing pot shop applications for the city. "We came up with a definition, but obviously it must have been too restrictive." Under complex city regulations approved in March, minor-oriented facilities are among nine things that proposed dispensaries must be at least 1,000 feet away from. The others are much less vague: churches, schools, public parks, child care centers, playgrounds, libraries, other legal marijuana dispensaries and residential care facilities for senior citizens. Attorneys for dispensary applicants praised the city's decision to loosen the rules. "We're trying to have a workable ordinance and the eligible properties for dispensaries are extremely limited throughout the city, so hopefully reinterpreting one of the prohibited uses will free up some more locations," attorney Lance Rogers said. "This minor-oriented facility language has been the most problematic for applicants." Jessica McElfresh, another attorney, said the new interpretation is more balanced. "The goal of the medical marijuana community and the city has always been coexistence, and this clarification helps to ensure safe and affordable access to medical cannabis for qualified patients, while ensuring that regulated cooperatives will be a reasonable distance from places where minors congregate," she said. Gutierrez said several dispensaries proposed in the Midway district near the Sports Arena had been blocked by a nearby Chuck E. Cheese, the Rock and Roll San Diego music studio and Ultra Zone, a laser tag business. - --- MAP posted-by: Jay Bergstrom