City leaders unanimously approved a moratorium Tuesday night that prohibits medical marijuana dispensaries from operating and setting up shop in the community for the next 10 months and 15 days.
There were no comments made during the public hearing and council members did not discuss the issue.
Extending the existing 45-day moratorium, which ends Aug. 21, gives officials more time to complete a review of its zoning regulations.
At a previous meeting on July 7, when the moratorium was initially passed, City Attorney Terry Dixon said officials are concerned about the adverse secondary impacts to the community, citing the shops would draw in criminals and robberies
At the July 7 meeting, Mayor Robert Ming said he supported the review after hearing landlords in one of the city's business districts had told city officials there were 16 to 17 potential tenants looking to open up medical marijuana shops in the city.
Laguna Niguel and other cities are faced with a conflict between state law that permits medical marijuana dispensaries and federal law that makes it illegal.
City Manager Tim Casey said in an interview there may be two to three dispensaries operating illegally in the city.
"We haven't defined a course of action for dealing with ones that are opened illegally," said Casey. "Part of the reason for the land use moratorium is to make it clear that if you want to open up a shop, there is a moratorium."
He said the shops may have opened without checking the city's code or are operating without clearly disclosing the nature of their business.
Under city code, the medical marijuana dispensaries do not fall under any of the city's designated zoning use categories.
"Our zoning code lists hundreds of uses and some are permitted as a matter of right while others require a building permit or discretionary review," said Casey. "If you can't find the use listed or designated its deemed prohibited."
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Orange County Register
Author: LINDSEY BAGUIO
Contact: The Orange County Register
Copyright: 2009 Orange County Register Communications
Website: Laguna Niguel Extends Pot Dispensary Ban
There were no comments made during the public hearing and council members did not discuss the issue.
Extending the existing 45-day moratorium, which ends Aug. 21, gives officials more time to complete a review of its zoning regulations.
At a previous meeting on July 7, when the moratorium was initially passed, City Attorney Terry Dixon said officials are concerned about the adverse secondary impacts to the community, citing the shops would draw in criminals and robberies
At the July 7 meeting, Mayor Robert Ming said he supported the review after hearing landlords in one of the city's business districts had told city officials there were 16 to 17 potential tenants looking to open up medical marijuana shops in the city.
Laguna Niguel and other cities are faced with a conflict between state law that permits medical marijuana dispensaries and federal law that makes it illegal.
City Manager Tim Casey said in an interview there may be two to three dispensaries operating illegally in the city.
"We haven't defined a course of action for dealing with ones that are opened illegally," said Casey. "Part of the reason for the land use moratorium is to make it clear that if you want to open up a shop, there is a moratorium."
He said the shops may have opened without checking the city's code or are operating without clearly disclosing the nature of their business.
Under city code, the medical marijuana dispensaries do not fall under any of the city's designated zoning use categories.
"Our zoning code lists hundreds of uses and some are permitted as a matter of right while others require a building permit or discretionary review," said Casey. "If you can't find the use listed or designated its deemed prohibited."
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Orange County Register
Author: LINDSEY BAGUIO
Contact: The Orange County Register
Copyright: 2009 Orange County Register Communications
Website: Laguna Niguel Extends Pot Dispensary Ban
