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SAN DIEGO (KGTV) - The Rancho Bernardo area could be getting its first legal marijuana dispensary.Will Senn, the President and Founder of URBN Leaf, has plans to open a dispensary in a strip mall at 16375 Bernardo Center Drive, just east of the 15 Freeway.A Conditional Use Permit filed with the city says it will be a 6,647 square foot business, the first of its kind in City Council District 5."There's a big demand, for sure," says Senn. His company owns two other URBN Leaf stores in San Diego County. He says people from the Rancho Bernardo area drive to his other locations frequently. He also says they receive delivery requests to the neighborhood. "We're excited about the opportunity, we think the community does need it," says Senn.Community members disagree. They say it's the wrong place for a dispensary.City law allows just four dispensaries per City Council District. Right now there are none in District 5, which includes Rancho Bernardo, Scripps Ranch, Carmel Mountain, Rancho Penasquitos, Torrey Highlands and San Pasqual.There are already 23 other marijuana dispensaries operating throughout San Diego.Senn's permit application is the only one on file with the city for District 5.The city's rules governing the placement of dispensaries say they must be at least, "1,000 feet from resource and population-based city parks, churches, child care centers, playgrounds, libraries owned and operated by the City of San Diego, minor-oriented facilities, residential care facilities, and schools."Opponents say the new dispensary would be within 1,000 feet of the Hope United Lutheran Church on Bernardo Center Drive. They also say two other storefronts within the strip mall qualify as "minor-oriented facilities," the Kumon Math and Reading Center, and the Little Artists studio.Senn says that's not the case."We're 1,000 feet away from the church," he says. "And there is some language in other projects that have been approved by the planning commission that is consistent with our project."Opponents will have their chance to voice their concerns Tuesday night at the Rancho Bernardo Development Review Committee Meeting. It will be held at 6 pm at the Rancho Bernardo Library on 17110 Bernardo Center Drive.Senn says he plans to listen to all of the comments and take the community's concerns to heart. But, he adds that his company's track record of running other dispensaries makes them good partners who know how to operate legally."We like to tread lightly and be delicate when we enter a new market," says Senn. "But we do have experience. We've been doing this for a long time. And there's no better company prepared to enter a market like Rancho Bernardo than Urbn Leaf." 2706

SAN DIEGO (KGTV) - The U.S. Coast Guard reports sightings of a whale in San Diego Bay.Several pictures were posted online by San Diego Floating Lab, which is located off Shelter Island in America's Cup Harbor.Captain Rick Scott of Ocean Odyssey took the photos. An employee at the business said it's common for juvenile whales to enter the bay, but they tend to find their way back out.The Coast Guard has not determined what type of whale is in the bay.Watch a Facebook live of the whale in the player below: Have you seen the whale? Send us your photos at pictures@10news.com. 591

SAN DIEGO (KGTV) — The San Diego Symphony has overcome the last major obstacle to a permanent home along San Diego's waterfront.The Port of San Diego's Board of Commissioners has granted a 15-year lease for the Symphony's Bayside Performance Park project. The project will see the construction of a seashell-shaped concert venue at Embarcadero Marina Park South, as well as various improvements to the surrounding park.The lease also includes four options allowing the Symphony to extend their lease up to 50 years.The San Diego Symphony will invest a minimum of million toward those improvements, including 66 new restrooms, expansion of the current promenade, and improvements to the park's existing basketball courts and exercise equipment.RELATED: Margaritaville Island Resort coming to San Diego“We’re confident concert-goers will love the improved access and state-of-the art stage and sound system, and bayfront visitors will love the new and improved park,” said Board Chairman Garry Bonelli.The Symphony could begin construction of the venue as soon as September. It wasn't immediately clear when the venue would open.A permanent concert venue for the symphony has been on the organization's wish list for years now. Since 2004, the Symphony has had to assemble and disassemble its temporary venue for its Bayside Summer Nights concert series. RELATED: SeaWorld San Diego gets OK for 'tallest, fastest' dive coaster in CaliforniaThe Port says the park will be open to the public 85% of the year, while the other 15% will be reserved for paid admission or rental events. The permanent concert stage will also provide four free public events each year."Our hope is that it will become a coastal destination for everyone, and an iconic landmark for the region and its coastline," said Martha Gilmer, San Diego Symphony CEO.The park's landscape will also change, with the Symphony adding a sloped lawn with temporary seating open to the public during non-event hours. A dining and retail pavilion will also be installed, according to the port.RELATED: Study: San Diego is the fourth-best large city in the U.S.In 2018, Gilmer added that the range of artists could also expand with a new Embarcadero facility."Over the last three years, we've been looking to expand the level of artists we bring perform with our orchestra," Gilmer said. "This also will allow us to break into other genres and just have a premier experience on the bayside."As part of the project, the Syphony will also make a financial contribution toward the future expansion of Pepper Park in National City. 2593

SAN DIEGO (KGTV) -- The body of a 9-year-old boy swept away by a current in Rosarito on Easter Sunday has been found in Mexico.Authorities say the body of Erik Ochoa was found around 10 a.m. Thursday morning at San Antonio Del Mar.Ochoa lived in Tijuana with his stepfather while his sisters, Zusel and Hilary live in Chula Vista.RELATED: Family searches for boy swept away in Rosarito?Ochoa was with two other children walking on the beach in Rosarito when they were swept out to sea.One of the boys was able to make it out of the current and ran to get help. The third child washed ashore 25 minutes after going missing. 640

SAN DIEGO (KGTV) — The wife of ex-NFL tight end Kellen Winslow II has filed for divorce, months after the former footballer was convicted of rape.Janelle Winslow filed documents for divorce on Aug. 30 in San Diego, according to records. The couple has been married for 13 years and have two children together.In June, Winslow was found guilty on three counts including rape, lewd conduct, and indecent exposure, stemming from accusations he raped three woman and exposed himself to two others.RELATED: Kellen Winslow Jr. tells 10News he's 'innocent' in rape caseThe jury, however, was deadlocked on eight other charges, including rape and kidnapping in connection with two other women. Prosecutors have moved forward with a second trial against Winslow, set for Sept. 30.If convicted of those eight charges, Winslow faces up to life in prison. 851