Measure Z Implementation

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GENERAL INFORMATION

12/21/18: The City of Vista is currently implementing Measure Z. The City Council approved implementation calendar for the Measure Z milestones is available under Online Resources below. As this website is updated, superseded information will be retained for reference but will be shown in reduced size italic type. Hereafter, all information will be dated as of the date it is posted.

The City of Vista is currently preparing for the implementation of Measure Z. The City Council approved an implementation calendar for the Measure Z milestones at the regularly scheduled City Council meeting on December 11, 2018. The implementation calendar is available here.   

12/21/18: City staff is not authorized to interpret or provide advice concerning any issues related to Measure Z. In order to provide equal access to information, no individual emails or telephone inquiries will be answered. Questions and comments may be addressed to measurez@cityofvista.com. If a response to an email is considered appropriate it will be posted to this website under the heading FAQS. All official information will be posted on this website as it becomes available; please refer to this page for updates.

City staff is not authorized to interpret or provide advice concerning any issues related to Measure Z. All official information will be posted on this website as it becomes available; please refer to this page for updates.

12/21/18: The City has begun publishing regulations and documentation to guide applicants and residents in the implementation of Measure Z. Those documents will be posted under the Online Resources heading below as they become available.

City Staff is assembling a list of sensitive uses that may affect the siting of permitted medicinal cannabis dispensaries. These uses include schools, day care facilities, and youth activity centers. That list will be published on this webpage as soon the necessary information has been assembled and reviewed.

01/23/19: We have posted an image of the spreadsheet used at yesterday’s unbiased process. This list is posted only to document yesterday’s results. This is not the priority list referenced in Vista Municipal Code Section 5.94.060 as that list can only be compiled after the time to file applications has closed. 1/22/19 Applicants.

01/30/19:  We have posted an updated image of the spreadsheet used for the unbiased process updated to show two new applications filed yesterday, 01/29/19, the last day to file applications. This list is posted only to document the total number of applicants and applications. This is not the priority list referenced in Vista Municipal Code Section 5.94.060 as that list is scheduled to be posted on 2/5/19. 1/29/19 Applicants

The City did not screen or evaluate applications pending the close of the application period yesterday, and they have been held in secure storage by the City Clerk since they were filed by the applicants. The City will now begin the evaluation process to determine whether or not applications comply with our rules.

01/31/19:  The City has updated the List of Potentially Available Parcels as of 1/31/19 due to the closure of one of the previously identified sensitive uses. The City has confirmed that the sensitive use known as Nippon Sports Center located at 1215 S. Santa Fe, Suite B, is not operating and has not had an active business license with the City since September 30, 2018, when its license expired. Accordingly, parcels formerly omitted from this list due to the presence of this sensitive use have been restored to the list.

02/01/19:  The City has posted the Measure Z Priority List in accordance with VMC Sections 5.94.060.D and E.  This same list will be published in the San Diego Union-Tribune on Tuesday, February 5. Priority List

02/12/19: The City has updated the List of Known Sensitive Uses and the List of Potentially Available Parcels as of 02/12/19 due to the identification of two sensitive uses not previously identified. The City has received documentation that the sensitive use known as the San Diego Workforce Innovation High School - Vista (9 - 12), 933 East Vista Way, is an accredited charter school. The City has also received documentation that the sensitive use known as the Japanese-American Cultural Center of Vista, Inc., including its Vista Japanese School and San Shi Judo Club, 150 Cedar Road, is a youth activity center. Accordingly, the List of Known Sensitive Uses has been updated to add these sensitive uses, and the List of Potentially Available Parcels has removed certain parcels formerly considered to be potentially available. The  Map of Sensitive Uses, Zoning, and Parcels has also been updated to reflect these and earlier changes.

02/13/19:  The City has completed processing all applications to be placed on the medical cannabis business registration list within the 30-day processing period allowed by Measure Z. Copies of all determination letters may be found here.

02/13/19: The City received a request from Survivormedz to appeal the denial of its application for registration. A letter responding to that request may be found here. The letter reaches the following conclusion: “Since the authors of Measure Z did not create a substantive appeal process and none is found elsewhere in the VMC, no further administrative review of the determination is possible.  If further review of the matter is required, it must occur in a court of competent jurisdiction.” Interested parties are directed to the letter itself for further analysis.

2/19/19:  The City has held all application deposit cashier’s checks uncashed, and they are now available for release to all applicants. The City will return the physical cashier’s check to an applicant upon receipt of a properly notarized Request for Return of $100,000 Cashier's Check, and the subsequent execution of a Receipt for Return of $100,000 Cashier's Check. Applicants should present their Request at the City Clerk’s office and be prepared to comply with the requirements shown on the Receipt, which must be signed in the presence of the City Clerk with proper identification. If all documents are in order, the City Clerk will return the applicant’s original cashier’s check to the person signing the Receipt.

NOTICE OF UPDATES

12/21/18: If you are receiving e-mail notifications of marijuana-related agenda items, you will receive notification when this webpage is updated. If you would like to be added to that list, please e-mail kvaldez@cityofvista.com or call the City Clerk’s office at (760) 639-6125.

ONLINE RESOURCES

FREQUENTLY ASKED QUESTIONS

The format of Frequently Asked Questions has been changed to a PDF for easier viewing and use.  Previously asked questions and new questions have been combined on one document, with the most recently answered questions appearing at the top of the list.

MEASURE Z LITIGATION

01/31/19:  As of yesterday four complaints have been filed in Superior Court seeking to invalidate the City’s unbiased process for receiving applications and change the order of priority for all applicants. 

Calgen Trading Inc v City of Vista, 37-2019-00002559-CU-JR-NC, filed January 16, 2019
Manuel Migueles Collective v. City of Vista, 37-2019-00003282-CU-JR-NC filed January 18, 2019
Riverside County Dispensary v. City of Vista, 37-2019-00003553-CU-MC-NC filed January 22, 2019
The Laughing Leaf v City of Vista, 37-2019-00005741-CU-WM-NC filed January 30, 2019

Each of the complaints seeks to require the City to recognize the plaintiff’s place on the priority list based on their asserted position on a list privately compiled by the plaintiffs. This list has not been made public by any of the plaintiffs, but their asserted places on the priority list clearly conflicts with the order established by the unbiased process and would thus displace many applicants from their place on the list referenced above.

Although two requests for temporary restraining orders were denied, applicants should note that a hearing on one plaintiff’s request for a preliminary injunction (Manuel Migueles Collective v. City of Vista, Case No.: 37-2019-00003282-CU-JR-NC) has been scheduled for February 15, 2019, a date prior to the application processing deadlines. Should that injunction be granted it seems most likely to the City that:

  1. other existing applicants would see their place on the priority list changed;
  2. the application process would be suspended indefinitely while trials on these cases are conducted;
  3. the application process would be suspended indefinitely while appeals from the cases are concluded; and
  4. that ultimately the entire submission process would have to be restarted at a future date.

It is strongly recommended that applicants consult their legal counsel to determine if these cases will affect their existing rights under Measure Z and their ability to receive their licenses in a timely manner.

The City will endeavor to post relevant pleadings from these cases on this website as they are available. You can access those pleading files here.

01/31/19 PM:  One more pleading (First Amended Complaint for Declaratory and Injunctive Relief) was served on the City at 10:40 a.m. this morning in the Manuel Migueles Collective v. City of Vista litigation (37-2019-00003282-CU-JR-NC). Copies may be found in the Manuel Migueles Collective folder here.

02/05/19:  Manuel Migueles Collective - City Opposition folder here.

02/26/19:  Manuel Migueles Court Entered Dismissal here.

02/26/19:  Riverside County Dispensary and Delivery Dismissal here.

02/26/19:  Laughing Leaf and Oro Verde Vida Dismissal here.

03/12/19:  Calgen Trading, Inc. Dismissal here.