Pubdate: Fri, 13 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 S.D. OKS SECOND, THIRD POT DISPENSARIES Planning Commission Approves Kearny Mesa, San Ysidro Locations San Diego - San Diego gave final approval on Thursday to what will become the city's second and third legal medical marijuana dispensaries - one in Kearny Mesa and one in San Ysidro. Another dispensary proposed for the Midway District, however, didn't get final approval on Thursday when Planning Commission members raised concerns about parking, lack of sidewalks and how patients would enter the business. Some commissioners wanted to reject the dispensary outright, but the commission eventually voted 4-3 to postpone its decision until March 19 so that the potential operator can clear up the concerns raised on Thursday. The commission approved on Jan. 29 what will become the first legal dispensary to operate in the city since California voters approved the use of medical marijuana in 1996. Operators of that dispensary, located in Otay Mesa, said Thursday they hope to open next week after a final inspection by the city. Meanwhile, a judge has rejected an environmental lawsuit claiming that zoning restrictions in the city's 1-year-old medical marijuana ordinance will increase air pollution by forcing patients to travel long distances. In addition to approving two dispensaries unanimously and delaying action on a third, the Planning Commission rejected requests from some competing dispensary applicants to consider multiple proposals simultaneously so the best ones can be chosen. Competition to get early approvals from the commission is fierce because the ordinance allows a maximum of four dispensaries in each of the city's nine City Council districts, and it prohibits dispensaries from being approved within 1,000 feet of each other. "This is one of the few times an ordinance makes getting through first a life-or-death decision," said Donna Jones, an attorney for a proposed dispensary within 1,000 feet of the Midway dispensary now scheduled for consideration on March 19. Several commissioners agreed that the city's approval process has flaws, but they said it wasn't within their authority to delay approvals so dispensaries proposed near each other can be considered simultaneously. Deputy City Attorney Shannon Thomas said the commission would have no criteria on which to base such choices. "There isn't any sort of rating system to judge the fairest of the fair," she said. Thomas said a delay could also allow the applicant to seek automatic approval by contending the city was not complying with the Permit Streamlining Act. Commission Chairman Tim Golba said such risk was a factor in his reluctance to consider an alternate approach. The operator of the Kearny Mesa dispensary approved on Thursday, Shanna Droege, said after the vote that she could be open within 30 days. The site is at 8888 Clairemont Mesa Blvd. "I'm just excited to start offering safe access," Droege said. Jessica McElfresh, attorney for the San Ysidro dispensary, said it would open "within the next few months" and that the operator, Wayne Scherer, plans to be a "good community partner." It will be located at 658 E. San Ysidro Blvd. The one-week delay for the proposed Midway dispensary, which would be located at 3452 Hancock St., created a small bit of hope for four other proposed dispensaries located within 1,000 feet. But their prospects would have improved dramatically more if a motion by Commissioner Theresa Quiroz to outright reject the proposal had been approved. Instead, the commission voted 4-3 to give the applicant one week to make design changes. Gina Austin, an attorney for applicant Adam Knopf, said the delay was surprising because she had expected an approval. But she expressed confidence her group could satisfy the commission. "We want to provide a project that is the best project, and if there's health and safety concerns then we can address those," she said. On the environmental lawsuit, Judge Joel Wohlfeil rejected concerns about the ordinance increasing air pollution, saying instead that the new law could reduce traveling by adding another means to obtain medical marijuana. He also said the argument by the plaintiffs, a Los Angeles group called The Union of Medical Marijuana Patients, was flawed because it assumed an increase in travel distance to and from dispensaries when there is no baseline for current travel distances. The lawsuit, if successful, could have overturned the ordinance and nullified the three dispensary approvals granted by the city. - --- MAP posted-by: Jay Bergstrom