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"The city has chosen to turn a blind eye to approve this cannabis outlet, literally next door to a business clearly devoted to minor children."

As the city considers allowing more than 38 cannabis outlets, a fight is on for a coveted spot in Linda Vista, a low-income neighborhood, which is just where officials want to see the numbers grow.

San Diego's city planning commission on October 12 heard an appeal of a permit that will, if approved, be the last dispensary to open in Linda Vista.

City code limits cannabis outlets to four per council district within commercial and industrial zones. There are currently three approved in council district 7, where the project at 5325 Grant Street Street — a 3,000-square-foot dispensary in an existing building half a block from Sherman and several blocks north of Friars Road — would be the fourth and final. Citywide, it would be the 35th since the city’s recreational cannabis regulations were first adopted in 2017.

"It is extremely difficult to find locations for the opportunities that remain," a city report says.

Still in an early phase, the proposal to nearly double the number of outlets would enable people who were arrested unjustly in the war on drugs to break into the city's regulated market. An Equity Assessment recommends, among other things, reducing zoning restrictions. 

The July 12, 2023 decision to approve a conditional use permit was appealed by Willie Senn, owner of Urbn Leaf dispensaries in Bay Park and other locations, and Peter Ishak, who is also an applicant for District 7. 

Senn argues "the main concern is the BrickYard Batting Cages located less than 20 feet as the crow flies from the prospective cannabis retailer." 

One of the city's dispensary location rules — which the proposal to allow more outlets would relax — is the 1,000-foot buffer from minor-oriented uses such as parks and schools.

Because of that separation requirement, Senn believes BrickYard needs to be considered, despite having never applied for a building permit. 

"The city has chosen to turn a blind eye to approve this cannabis outlet, literally next door to a business clearly devoted to minor children." This contradicts San Diego's separation buffers and "sets a dangerous precedent for the community and future projects."

The city's response: "this facility has not been determined by the city to be a minor-oriented facility." The lack of a valid certificate of occupancy "removed the site from further consideration."

BrickYard's website says its baseball and softball batting cage and training facilities are for players of "all ages." It also advertises full-day summer camps for kids ages 6-12.

Ishak's appeal cites 10 concerns, such as the applicants changing names on the day of the hearing to hide true identities because one of the applicants is actually a "prohibited person," that is, an applicant who might be denied a license by the state because of past felony convictions.

City officials say the appeal fails to support the claims, and deny "differential treatment for similar issues. This project moved forward because the applicant addressed all staff review issues and obtained an environmental determination."

Tough zoning and separation requirements for cannabis outlets "have resulted in very few locations" that meet all location criteria. This location does meet all criteria."

The Linda Vista Planning Group in May voted 8-0-1 with one abstention to recommend approval of the project with no conditions.