Rules and legal requirements are important. Just not so much for Sonoma County

Rules and legal requirements are important. Just not so much for Sonoma County

Permits were issued for 4 different operators to cultivate marijuana at 9001 Roblar Road, next door to drug rehab center, in violation of the ordinance setback requirements. Then a 5 year extension was issued.
Did the County notice that:

  • It was within 835 feet of a drug rehab center, in violation of the requirements in the ordinance (1000 Feet)?
  • The applicants (All connected to large operator Cannacraft) omitted this on their applications?
  • They had received numerous correspondence in the past asking them to add this facility to their maps?

But not to worry, the County has stated that in the future they will Google the address to see what’s around it.

Applicants:
Big Rig Farms LLC (Melissa Huynh) 
Fiasco Farms LLC (Melissa Huynh)
Flourish Farms LLC (Melissa Huynh/Deanna McKenzie)
One Love Gardens LLC (Melissa Huynh)

These permits should be revoked under the cannabis ordinance, 26-88-252(c)1(b):

The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.

(c) Suspension, Revocation or Modification.

(1) Any permit, license or approval issued pursuant to this chapter may be suspended, revoked, or modified by the agency having jurisdiction, if the Director or the Agricultural Commissioner determines any of the following:

a. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification;

b. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application; or

c. One (1) or more of the conditions or standards of the permit have not been substantially fulfilled or have been violated. 

Here is the applicable section of the ordinance:

(6) Property Setbacks- Outdoor. Outdoor cultivation areas and all structures associated with the cultivation shall not be located in the front yard setback area and shall be screened from public view. Outdoor cultivation areas shall not be visible from a public right of way. Outdoor cultivation areas shall be setback a minimum of one hundred feet (100′) from property lines and a minimum of three hundred feet (300′) from residences and business structures on surrounding properties. Outdoor cultivation sites shall be setback a minimum of one thousand feet (1,000′) from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.