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Dublin Council to Take Up Medical Pot Boundaries
Sophia Kazmi | San Jose Mercury News | 05/01/06

Dublin officials will turn to the community Tuesday night for its views on how the city should handle medical marijuana dispensaries within the city's borders.

The City Council will discuss the pros and cons of the five options spelled out in a report prepared by the city attorney, the chief of police and a city planner.

It will provide direction on what avenues to pursue, but not make a final decision.

The options the report lays out are:

• To continue the existing dispensary moratorium for another year

• To allow dispensaries to locate under current zoning law. Depending on various factors, operators may or may not need a conditional use permit to operate. The city could not regulate the number of dispensaries.

• To adopt a zoning ordinance that would define "dispensary," spell out where they can be and possibly include a requirement a conditional use permit. An ordinance could also limit hours of operation and the number of plants on premise, and could ban smoking on and near the site, among other things.

• To adopt both a zoning ordinance and a regulating ordinance that would a require a special permit from the chief of police, plus stringent regulations.

• Ban all medical marijuana dispensaries within city limits.

The council approved a 45-day moratorium in August 2005 that prevented any dispensaries from opening in Dublin. The next month the council extended the moratorium for an additional 10 months and 15 days.

Mayor Janet Lockhart said she does not favor in extending the moratorium. Instead, she wants input from the residents and fellow council members on a more definitive game plan.

"I'm hoping we'll come together to talk about issues, decide if our community can support it and move on," Lockhart said.

Lockhart said she has already heard from residents by e-mail and voice mail, and expects to hear from more of them Tuesday.

Many East Bay cities have established strategies to address medical marijuana dispensaries. Concord has banned them; Hayward permits them in areas zoned for medical facilities and does not require a permit, unless the dispensary is in an area that requires a conditional use permit.

Alameda County allows a total of three dispensaries to operate in the unincorporated areas. They have to be spaced apart geographically, and not near schools. The county requires two-year permits, among other things. Berkeley, Martinez and Oakland have similar requirements.

The Contra Costa County Board of Supervisors voted last month to place a 45-day urgency moratorium on any new facilities in the unincorporated areas, so the county could study the issue.

Sophia Kazmi covers Dublin and Castro Valley. Reach her at 925-847-2122 or skazmi@cctimes.com.

IF YOU GO

DUBLIN CITY COUNCIL MEETING

When: 7 p.m. Tuesday

Where: Council chambers, 100 Civic Plaza

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