Pubdate: Wed, 04 Aug 2010 Source: Times-Standard (Eureka, CA) Copyright: 2010 Times-Standard Contact: http://www.times-standard.com/writeus Website: http://www.times-standard.com/ Details: http://www.mapinc.org/media/1051 Author: Allison White MEDICAL MARIJUANA ORDINANCE ADOPTED; COUNCIL VOTES TO DRAFT COMMENTS FOR RIDGEWOOD VILLAGE DEVELOPMENT The Eureka City Council adopted the medical marijuana ordinance Tuesday that will provide guidelines for residential cultivation and limit the number of commercial cultivation, processing and dispensary facilities in Eureka. The vote to introduce the ordinance was unanimous on July 20, but the adoption vote went 4-1 with Councilman Frank Jager dissenting. It will go into effect in 30 days. Although modeled after Arcata's marijuana ordinance, Eureka's version of the land-use approach to regulate indoor grows and cooperatives and collectives has been adjusted to suit public requests and concerns. The ordinance limits the number of cultivation and processing facilities to four within the city, and each of those can have two dispensaries, one on the processing site and the other off-site. The number of dispensaries not connected to a cultivation and processing facility within the city is limited to two, which city staff hopes will give preference to Eureka dispensaries selling what is grown in Eureka. Greg Allen, chair of the Redwood Chapter of the American Civil Liberties Union, told the council during public comment that the ordinance as written will help get commercial growing out of residential areas and provide safe access to patients. "I think we have something here that seems to be equitable," he said. "It seems to be pretty well balanced." As soon as possible, the Community Development Department will begin circulating requests for qualifications, which invites cooperatives and collectives interested in applying for permits to establish a medical marijuana cultivation, processing and/or distribution facility. Community Development Director Sidnie Olson requested the council to form a committee to choose which business models will be considered. One change that Olson said residents should be aware of is that some current marijuana grows may become illegal when the ordinance goes into effect. Those growing for personal use in a non-residential zoned property will need to apply for a permit to be one of the four cultivation facilities. Also, growing for a qualified patient in a residence where the patient does not live is not allowed under the ordinance and will be illegal when it goes into effect. "The ordinance is very clear: Nothing is grandfathered in; everything starts anew," Olson said. Public commenters from Eureka and other areas brought their concerns about the ordinance to the council, with a few stating they did not want the Eureka Police Department to have another law to enforce with decreased staff. Council members and city staff said that this will be handled through code enforcement through city hall, not through EPD. A few residents were concerned that the ordinance was too restrictive for patients growing their own, while other commenters did not want the grows allowed at all. Jager said he would have preferred to wait until after November to see the fate of Proposition 19, which may legalize marijuana for recreational use. While he questioned the medical use of cannabis, he was also concerned about the strain this will put on code enforcement. "I hope you're prepared for an influx of a lot more work to do," Jager said to Olson at the meeting. A provision was added to the ordinance previously that, in the event that Proposition 19 passes, the regulations in the ordinance for personal growing will apply across the board. Councilman Jeff Leonard said that his biggest concern was the effect marijuana grows currently have on Eureka residences and neighborhoods. Having regulations for such grows will help lessen the strain on the buildings, and allow the city and landlords to "tackle problems before they get out of hand," he said. "I think safe access is something we should be looking at everywhere," Leonard said. Residential grow spaces for qualified patients will be limited to 50 square feet, and the marijuana can be grown only in the residence of the qualified patient, although a caretaker can come into a qualified patient's residence to grow the cannabis for them. "You can't sell it, you can't give it away," Olson said. "It's only for you in your residence." Permits from the city will also be required for any special wiring for medical marijuana grows, and lighting cannot exceed 1,200 watts. The ordinance also prohibits the use of gas products such as carbon dioxide and butane, and requires there be no external evidence of cultivation at a residence. Smoking the substance in public will also be prohibited. Enforcement procedure for indoor grows that are out of compliance has also recently been established for the ordinance to handle non-compliant grows. For information on the ordinance or for a request for qualifications, contact the Community Development Department at 707-441-4265 or 531 K St., Eureka. In other matters, the council voted unanimously to have city staff draft two letters of comment on the environmental impact report on the Ridgewood Village Development Project, which is near the intersection of Ridgewood Drive and Eggert Road. Formerly known as the Forster-Gill project, the proposal contains 1,400 residential housing units, about 327,000 acres of commercial space and some open space. City staff and council members said they were frustrated that they had not been included in much of the conversation with the Humboldt County Board of Supervisors or the project developers. Olson said that city staff was mostly alarmed by the EIR, because some parts were incomplete or did not address particular issues that would affect Eureka. "Our primary concern is the impacts on city resources and infrastructure," which were not addressed in the report, Olson told the council. Impacts to the EPD, the Eureka Fire Department, sewer service and traffic were addressed inadequately, according to city staff. Former Assistant Fire Chief Jim Yarnall told the council during public comment that at first the project looked appealing in that it seemed to address county housing needs. However, he said that upon further inspection, it proved to be a "house of cards" that would not benefit the city and would negatively impact the EFD. "It's a parasitic development in its current form," he said. Many other commenters commended the council for planning to come out against the EIR. Councilman Mike Jones said that it was telling that no one had spoken to the council in favor of the project, and no one from the county or the development had come to the meeting. "This is just a no-brainer to put the big stamp of rejection on it," Jones said. Council members Linda Atkins and Leonard also raised concerns about the large amount of commercial office and retail space, as that may pull business from Eureka's core. The council agreed to send two letters during the EIR comment period - -- one focusing on technical issues from the city and the other on policy issues on the development plans from the council. City staff will draft the letters and have the council review them before submitting them. - --- MAP posted-by: Jo-D