Pubdate: Wed, 04 Mar 2015 Source: San Diego Union Tribune (CA) Copyright: 2015 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 POT SHOP APPLICANTS WIN ENVIRONMENTAL APPROVAL Six Now Head to Hearing Officer for OK; S.D.'S First Legal Shop to Open Mid-Month San Diego - Six proposed medical marijuana shops cleared a key hurdle on Tuesday as San Diego continues to move forward with allowing the city's first legal pot dispensaries to open. The City Council rejected environmental appeals filed against each of the dispensaries, moving them one step closer to receiving final approval from the San Diego Planning Commission. An Otay Mesa dispensary that got such approval in late January is expected to open in mid-March and become the city's first legal dispensary, a member of the shop's management team said Tuesday. Three other proposed dispensaries - one each in Clairemont, the Midway District and San Ysidro - are scheduled for approval by the Planning Commission on March 12. Eleven additional proposed dispensaries are scheduled for approval March 25 by a city hearing officer, which could technically be their final OK. But the first four dispensaries to clear that hurdle were appealed to the Planning Commission, and city officials say the same is expected for all others. The six dispensary applicants that got environmental approvals on Tuesday will be scheduled for hearing officer approval later this spring, said Edith Gutierrez, the city planning official overseeing the process. The 17 applicants at the hearing officer stage will be the first to face the consequences of the limits the council included in the city's dispensary ordinance approved one year ago. The ordinance allows a maximum of four dispensaries in each of the city's nine council districts, and it prohibits dispensaries from being approved within 1,000 feet of each other. Of the 11 slated for March 25 approval, eight are in Council District 2, where the first of four available slots is expected to go to the Midway dispensary scheduled for Planning Commission approval next week. In addition, four of the eight are within 1,000 feet of that dispensary, which is located at 3452 Hancock St., Gutierrez said. And of the remaining four, two are within 1,000 feet of each other, she said. Also included in those 11 are two proposed dispensaries in District 8 that are within 1,000 feet of each other. They're both in southeastern San Diego's Stockton neighborhood, which is just south of state Route 94 and just west of state Route 15. Gutierrez said it's unclear what happens to applicants when another dispensary within 1,000 feet gets approved before them, suggesting approval by a hearing officer could be less damaging to competing applicants than final approval from the Planning Commission. "I think the city attorney is going to provide guidance to the hearing officer," she said. Other areas with conflicts include District 6, which has eight applicants, and District 8, which has six applicants. There are four applicants in District 7, but the other districts have less applicants than the maximum number of dispensaries. There are zero applicants in Districts 5 and 9, one applicant each in Districts 1 and 4 and two applicants in District 3. And Gutierrez said the District 3 applicants have essentially abandoned the approval process because they "ran into issues." However, a dispensary proposed for just outside District 3 on Harbor Drive in Barrio Logan has reached the hearing officer stage, Gutierrez said. Tuesday's environmental appeals have been characterized by city officials as strategic attempts by dispensary applicants in competitive districts to stymie each other. The appeals didn't dispute that the dispensaries are exempt from state environmental rules. They claimed instead that city officials cited the wrong section of the law when asserting the exemption. The council voted unanimously, with Councilwoman Marti Emerald absent, to reject the appeals. Four of the dispensaries that moved forward on Tuesday are in District 6 - two in Kearny Mesa and two in Mira Mesa - one is in District 7 in Grantville and one is in District 2 in the Midway area. - --- MAP posted-by: Jay Bergstrom