Pubdate: Thu, 23 Apr 2009
Source: Ventura County Star (CA)
Copyright: 2009 The E.W. Scripps Co.
Contact:  http://www.venturacountystar.com/
Details: http://www.mapinc.org/media/479
Author: Christy Fenner
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MARIJUANA PLAN DOESN'T GET WARM RECEPTION

Retired sheriff's deputy and fledging entrepreneur Kent Johnston of
Thousand Oaks didn't get the welcome he hoped for Wednesday night when
he went before the Westlake Village City Council to inform officials
of his intent to pursue opening a medical marijuana facility within
the city.

While the city does not specifically have an ordinance or moratorium
on medical marijuana facilities, Planning Director Robert Theobald
said this type of issue has surfaced several times before and the
city's municipals codes do not allow for those types of
establishments.

"The city's policy and position has been that such facilities are not
permitted by our zoning ordinance," Theobald said. "If you see the
zone you are talking about listed as a permitted use either generally
or specifically, you can do it. If it is not listed as a specific use,
it is prohibited."

City attorney Terence Boga reiterated Theobald's assertions, citing
court cases in Corona and Anaheim.

"The courts have upheld ordinances such as ours that exclude these
types of uses from the jurisdiction," Boga said.

Johnston looked to Westlake Village as a possible location for a
dispensary after reading a news article that suggested Westlake
Village Mayor Robert Slavin, a proponent of states' rights, was open
to the possibility of this type of establishment if it was in line
with the city's ordinances.

"Politically, I don't like Washington dictating items to the state. I
am a strong believer in local control and community standards," Slavin
said. "That is not to be interpreted as an endorsement of a cannabis
club. People try to make a connection between the two when one does
not exist."

When asked if he sees a facility like the one proposed by Johnston
coming to fruition in the city of Westlake Village, Slavin said it
didn't seem likely. "Whatever our municipal code dictates is what we
have to follow," he said. "After hearing our city attorney and
planning director the only way this could happen is if we change the
municipal code. My sense is that the community and the council would
not be in favor of this." 
- ---
MAP posted-by: Richard Lake