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News (Media Awareness Project) - US CA: Planning Commission Approves New Myrtletown Marijuana
Title:US CA: Planning Commission Approves New Myrtletown Marijuana
Published On:2010-08-06
Source:Times-Standard (Eureka, CA)
Fetched On:2010-08-08 03:01:09
PLANNING COMMISSION APPROVES NEW MYRTLETOWN MARIJUANA DISPENSARY,
TAKES PUBLIC COMMENT ON RIDGEWOOD VILLAGE

On the heels of the county winning a case to shut down a medical
marijuana dispensary operating in Myrtletown, the Humboldt County
Planning Commission approved another dispensary planning to open nearby.

The commission unanimously approved the conditional use permit for
the Humboldt County Collective on Tuesday night, despite some hesitation.

The Humboldt County Collective plans to open its doors at 1670 B
Myrtle Avenue, just outside the Eureka city limits in a small
shopping center on Myrtle Avenue. The county won a case last week
against the Hummingbird Healing Center (HHC), located in the same
complex, for operating without a conditional use permit. The HHC has
filed an appeal.

Commissioner Denver Nelson questioned approving a conditional use
permit for the collective when the county has yet to create an
ordinance to regulate marijuana dispensaries. He pointed to the city
of Eureka, which placed a moratorium on dispensary applications until
an ordinance is approved. Arcata has also done the same.

"It seems to me we're putting the cart before the horse," Nelson said
early in the meeting.

The commission ended up approving the permit with additional
conditions, including that the dispensary amend its operations to
follow any new ordinances or laws that are created, and come back in
one year for review by the commission.

Nelson had requested extra provisions be added to the permit's
conditions -- including required lab testing, the addition of a 2
percent tax, adding an indemnity agreement to relieve the county of
any liability associated with the dispensary, and prohibiting the
sale of marijuana to those under the age of 21 -- but was told by
staff that his requests were either redundant or, in the case of the
tax, not within the commission's authority.

The applicant said the dispensary's operations and business practices
already included many of those provisions.

"I feel like I've gone above and beyond to really try to make this
happen the right way," applicant Bill Byron said.

The planning commission also took public comment on the proposed
Ridgewood Village's draft environmental impact report (EIR). The
Cutten subdivision would start with 249 residential units spread
across about 75 acres in the Ridgewood Heights/Cutten area, and grow
to about 1,440 units.

Dozens of neighboring residents have opposed the project, citing
quality of life, public safety, traffic and economic development
concerns -- including the cost of mitigation measures.

The commissioners requested more information from staff regarding
fire protection services, traffic and mitigation costs. The matter is
continued to Sept. 2.
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