Solano Supervisors to Review Changing Medical Marijuana Dispensary Zoning

Jacob Bell

New Member
Solano County, CA--The owner of a medical marijuana dispensary is seeking changes to Solano County's zoning rules.

Tuesday, the Solano County Board of Supervisors will hold a public hearing and consider a request from Elizabeth Harris to amend the county's zoning code to permit medical marijuana dispensaries in the commercial service, neighborhood commercial and business and professional office zoning districts.

According to county staff, Harris applied for a business license to open a medical marijuana dispensary, called Tree of Life, on Lozano Lane, an unincorporated area outside Fairfield that is zoned for commercial services.

"The business license could not be approved by the Planning Division since the use is not permitted in that zoning district," the staff report said.

Harris has since been arrested on federal drug charges and is awaiting a trial.

Solano County's cities have different stances on medical marijuana dispensaries, and their policies won't be directly affected by what the county decides for unincorporated areas.

The county's 90-day moratorium on them expired in November 2009 when supervisors could not agree to extend it. The county allows dispensaries in unincorporated areas zoned for business and professional offices since they are "similar to a prescription pharmacy, which is explicitly permitted by right," the staff report said.

Last month, after a public hearing, the Solano County Planning Commission recommended supervisors deny Harris'
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request, but suggested county staff prepare an ordinance that would set the rules for where medical marijuana facilities could locate.

Harris' proposed ordinance is similar to one adopted in Sonoma County. It would forbid dispensaries from locating within 1,000 feet of each other or within 1,000 feet of any public school or park and prohibit patients from smoking, ingesting or otherwise consuming marijuana on the premises. It also would require dispensaries to be organized as cooperatives, not collectives. It would also expand the areas where dispensaries could be allowed to include commercial service and neighborhood commercial zones.

County staff agreed with the Planning Commission that the proposal should be rejected.

"Although the proposed ordinance would benefit the county of Solano by establishing standards for the location and operation of a medical marijuana dispensary, staff does not support the ordinance's inclusion of a dispensary in the commercial service or neighborhood commercial districts," the staff report says. "Although we have had several requests to locate a dispensary within the unincorporated county, none have been established as of yet."

Staff added that until there is a clear need for added places where dispensaries could locate, the county should maintain the existing standard to permit dispensaries only in areas zoned for business professional offices.

Supervisors have several options. They can approve Harris' proposal, deny the request and direct staff to prepare an ordinance to forbid marijuana facilities within the unincorporated county, deny the request or continue the hearing for further information.

The public hearing begins at 2 p.m. Tuesday in the County Government Center, 675 Texas St., Fairfield.

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: timesheraldonline.com
Author: Melissa Murphy
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Copyright: Vallejo Times Herald
Website: Solano supervisors to review changing medical marijuana dispensary zoning
 
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