Also serving the communities of De Luz, Rainbow, Camp Pendleton, Pala and Pauma
In November 1996, the state's voters passed Proposition 215 which allows the cultivation, possession and use of marijuana for medicinal purposes. In June 2010, the San Diego County Board of Supervisors adopted regulations pertaining to medical marijuana dispensaries including amendments to the county's Zoning Ordinance. Medical marijuana dispensaries are restricted to land with M50, M52, M54, or M58 industrial zoning and must be at least 1,000 feet away from each other, a church, a school, a public park, or a residential area.
The county supervisors also approved a regulatory ordinance for licensing and operation requirements. The licensing process has revealed that the 1,000 foot separation from a residential area is from parcels with residential zoning rather than parcels with a residence, and on Jan. 22, 2016, the county's Planning Commission heard a non-voting item on the current status of the ordinance.
The staff presentation was given by county Department of Planning and Development Services planning manager Joe Farace, who also spoke on recent state legislation regarding medical marijuana commerce. "It does not preclude a local jurisdiction from banning medical marijuana dispensaries," Farace said of the new state legislation.
A medical marijuana dispensary which meets County of San Diego zoning requirements does not require a discretionary permit but requires a building permit and other ministerial authorizations as well as a license. The content of signage cannot be regulated although dispensaries must conform to Zoning Ordinance signage regulations as well as parking requirements.
The supervisors' 2010 zoning stipulations preceded a court
decision that jurisdictions could ban dispensaries completely. "We were put in a situation where we needed to find a balance of allowing some locations in the county," Farace said.
When the Board of Supervisors approved the zoning requirements for medical marijuana dispensaries, county staff estimated that between 15 and 20 dispensaries would open. Currently the only opened dispensary is in unincorporated El Cajon near the Gillespie Field airport. Building permits have been granted for five additional dispensaries: three in Ramona, one in unincorporated El Cajon, and one in Valley Center. The operators of a potential dispensary in Julian have applied for a building permit.
Farace noted that the county currently has 15 enforcement cases still open and has closed 42 cases since 2009, when the Board of Supervisors adopted an urgency ordinance which enacted a moratorium on all marijuana dispensaries six weeks after the county supervisors directed the county's chief administrative officer to work with county counsel on the drafting of an amendment to the Zoning Ordinance which would prohibit illegal medical marijuana dispensaries from operating in the unincorporated portion of the county.
Because the county has fine authority but not criminal enforcement authority for zoning violations, Planning Commissioner Peder Norby noted that repeat offenders often re-open an illegal dispensary elsewhere after their previous site was closed down. "I think our goal should be way beyond getting ahead of it," Norby said.
City of San Diego resident Scott Chipman noted that the fines are insignificant compared to the dispensary's profits. "If you do get closed down you've already made a couple of million dollars," he said.
The dispensary authorized in Valley Center is more than 1,000 feet away from any residential-zoned land but within 1,000 feet of land with A70 Limited Agricultural zoning which allows residences. Valley Center Community Planning Group chair Oliver Smith requested that the definition of "residential property" be clarified.
The proposed Julian dispensary is on one of four parcels along State Route 78 which were rezoned from agricultural to industrial. The residential use on those four parcels was grandfathered. "These ordinances need to be revisited. We need to close up these holes," said Julian resident Jean Duffy.
"We don't want it in our community," Duffy said. "It is not compatible with our community and we have no input."
Two of those parcels are owned by Fred and Misty Dornon. The Dornon family lives on one of those parcels, which is a registered homeschool.
The application for a building permit seeks a 2,000 square foot building which would include cultivation. Fred Dornon noted that an operation with 1,000 plants would use up to 10,000 gallons of water per day. "We already have issues with our water table," he said.
Dornon added that an 18-year-old Julian High School senior could acquire medical marijuana on his lunch break and provide the marijuana to other students. "It just seems like this ordinance is really loose," he said.
"I grew up in a home where my parents smoked pot," said Misty Dornon, who was raised in Irvine. "It had an impact on me."
Misty Dornon noted that the area approximately two miles east of the Wynola town area and two miles west of the Julian town area is the only area in Julian with industrial zoning. "It's not for the public good," she said.
"Something that is available to the county is to do a residential use aspect," Norby said.
Norby noted that the same initiative process which on the state level legalized medical marijuana could also be used for county-level regulations. "We can establish laws through the citizens' initiative process," he said.
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