California, Sonoma

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SVCAC approves medical pot facility

<span class=postbigbold>Recommendation sent to supes</span>

by Pam Gibson, Sonoma Index-Tribune
November 29th, 2007


A controversial medical marijuana dispensary was cautiously approved by the Sonoma Valley Citizens Advisory Committee Wednesday before a standing-room-only crowd of about 80 people in the Sonoma Fire Station meeting room.

The SVCAC is an advisory body and will send its nonbinding recommendations to the Board of Supervisors. The facility is proposed for 19445 Riverside Drive. The vote was 6-1 with Clarence Jenkins opposing it.

"This is a tough issue," he said. "But we have to make decisions that are in the best interest of the community we represent." Jenkins represents Verano West where the facility will be located.

Dona Frank, the applicant, was expecting denial when she addressed the group.

"I am perplexed as to why you are getting this issue now," she said. "We came before you in June and we were ignored. Now five silent months later, we're here again because Valerie Brown wants you to review it."

She accused Brown of being "bullied by NIMBY neighbors." NIMBY is an acronym for "not in my backyard."

"She wants you to make the decision so she can say you opposed it and then she can look like a good guy."

"I'm a NIMBY and I'm proud of it," a woman shouted from the middle of the room.

In defense of Brown, ex-officio commissioner Dick Fogg responded that the supervisor had invoked a process called original jurisdiction, meaning the decision goes straight to the Board of Supervisors, which can reduce time for an applicant. Alternate Bill Willers further explained that five months ago the item was brought up under public comments, and legally no action could be taken then.

The issue has gone before the Sonoma City Council, which declined comment because the proposed dispensary would be outside city jurisdiction.

The proposal is for a 4,551-square-foot medical cannabis facility in what was once the Nicholas Turkey Farm warehouse. The site is developed and, while outside the city limits, it is totally urban. The dispensary expects to serve about 15 vehicles an hour, seven days a week, for an average stay of eight minutes. Three security guards will be on site during operating hours and security cameras will be monitored 24 hours a day. There are two buildings on the site occupied by several tenants. While originally proposing to use a caretaker's residence, this request has been withdrawn. Very little "product" will be kept at the site in hopes of discouraging potential thieves.

The crowd, which filled the chairs and spilled out into the hallway, was divided among supporters and opponents. The major concerns identified by speakers were security, crime, proximity to residences, and impact on other businesses on the site. But traffic was the major concern.

"Traffic is already a nightmare there," said resident Gary Laysse. "When you pull out of the driveway, you can't go left because cars are backed up at the stop sign." Numerous speakers noted peak hour back ups on Riverside Drive that extend several blocks.

Sol Weiner, a retired police lieutenant, suggested that facilities of this type often attract crime.

He noted that security guards are not trained in law enforcement, and if there is a problem they will have to call the sheriff.

"While there are legitimate uses for medical marijuana, there are misuses as well," he said. "Security guards have no control over clients once they leave the premises. They can get into their car, use the product, then drive. That's illegal."

Lisa Gygax, the applicant's attorney, said that all requirements of Sonoma County's new ordinance regulating cannabis dispensaries (adopted in March), have been fulfilled. A traffic study has been done by another tenant of the site, security guards are given special training, no one is allowed to use the product on site, and Frank's other facility in Santa Rosa has had no crime problems. She noted that the only outstanding discretionary issue is a requirement for a facility to be 100-feet from a residential zoning district. Their dispensary is 60 feet away. The ordinance allows this requirement to be waived if the applicant can show that an actual physical separation exists between land-use parcels to mitigate the impact.

Ig Vella, a former county supervisor and non-voting commissioner, suggested that instead of saying "no," the commissioners vote "yes" with conditions.

"Grant a conditional use permit for one year with a six-month review," he said. "If there is one discrepancy in that time period, then that's the end of it."

The motion was made by Mark Bramfitt, seconded by Cynthia Wood to recommend approval with the following conditions: that the staff carefully evaluate the distance issue; that traffic issues be studied and mitigated; that the applicant be reviewed in one year to be sure there are no discrepancies or violations of the ordinance. The motion also asked that PRMD review the other tenants in the building to be sure they have proper use permits. Votes in favor besides Bramfitt and Wood were Garry Baker, Bob Felder, Bob Williams and Yvonne Bowers.

[palmspringsbum]

<span class=postbold>See:</span> <a class=postlink target=_blank href=http://www.palmspringsbum.com/bbs/viewtopic.php?p=4716#4716>Supes Deny Permit For Medical Marijuana Facility Near Sonoma</a>

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Top Ten Stories

The Sonoma News
January 8, 2008

<span class=postbigbold>9 - County nixes pot club</span>

A medical marijuana clinic proposed for the old Nicholas Turkey building at 19445 Riverside Drive, just across the Ig Vella Bridge from the Sonoma city limits, was denied by the Sonoma County Board of Supervisors after residents of the surrounding neighborhood protested its proximity to their homes.

Despite a 6-1 vote of approval by the Sonoma Valley Citizens Advisory Commission, the county board, led by 1st District Supervisor Valerie Brown, turned down the application for a use permit. The opposition came partly in response to Brown's concerns that the proposed site, tucked out of sight from the street at the back of the building and adjacent to the bed of Sonoma Creek, was too remote to allow law enforcement easy monitoring access. Brown called it "an incredibly isolated spot."

While the three supervisors present praised the track record of applicant Dona Frank, who operates an existing medical marijuana clinic outside Santa Rosa, they were unanimous in opposing Frank's application.

Frank and her attorney, Lisa Gygax, expressed disappointment and the likelihood they would be unable to find a suitable alternative location in the Sonoma Valley that fits the requirements of the county's medical marijuana site ordinance.

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March 14, 2009

Planning commission deals residential rentals and considers cannabis

Walter Williams | Special to the Sun

In a marathon meeting Thursday evening lasting four and a half hours, the City of Sonoma Planning Commission reviewed several controversial issues, some to be decided eventually by the Sonoma City Council.

The commission discussed current regulations pertaining to vacation rentals in the valley. There are currently 38 legal vacation rental units within the city, and considerable public comment was taken both for and against tightening the regulations. The commission reached consensus that a two-night minimum rental was not necessary and that historic homes would be evaluated individually for suitability as rental properties. “There’s a growing perception that Sonoma gives too much to tourists,” said chairman Randy Cook, “and not enough to locals. But I don’t think we’ve been that liberal in handing out vacation rental permits. Things are well under control.”

The commission approved the conversion of commercial office space into 12 residential rental units at 19310 Sonoma Highway, the location of the Fitness Factory and other businesses, granting an exemption from the parking requirements and an exception to the open space standards. Environmental concerns were also an issue. “What we are trying to do now,” said commissioner Michael George, “is undo what we have been doing for so many years: allowing water to percolate and return to the earth.” The commission recommended diverting as much water as possible with the use of a vegetative swale (a band of dense vegetation) on the property.

An extensive report on regulations for a medical marijuana dispensary was presented by David Goodison, Sonoma City Planner. Concerns include adopting setbacks from schools and parks, maintaining security for the hash, limiting its potency, restricting the number of patients, and determining the agency in charge for reviewing applications and granting permits.

John Sugg, who has operated a cannabis club dispensary in Santa Rosa for four years, voiced his concern on that latter issue. “Most of the ordinance is strong and necessary,” he said. “But I have a concern with putting the police chief in charge of managing applications and granting permits. It makes more sense to have that be the city manager. Also, you must allow for plenty of parking because that’s where the problems happen.”

Sugg operates now as the Sonoma Patient Group, organized last summer as an unincorporated non-profit collective. Jewel Mathieson, wife of Sonoma Mayor Ken Brown, is an employee and member of that group, and she addressed the commission, saying, “Members must be able to get their medication. We should stop the regulations on medicine and stop ignoring the desperate alcohol problem in the valley.”

The submission by Sugg of seven pages of recommendations for a new ordinance led the commission to table the issue to a future meeting, so the recommendations could be reviewed. The final assessment came from commissioner George: “People think we are intentionally trying to put setbacks in place. We are not; our primary concern is community needs.”

In a subsequent interview, Sugg expressed his hope that the planning commission would, at its regular meeting on April 9, move the matter on to the city council with its recommendations. His group is ready to apply for a permit as soon as the new ordinance is adopted, though he expects that there may be other groups interested, as well, in a Sonoma location.

In other business, the commission approved a kitchen addition at 875 Oregon Street, following comments from neighbors both for and against. The commission also approved conversion of the medical offices in the Sonoma Medical Plaza at 181 Andrieux Street to condominium ownership. Conditions included xeriscaping (landscaping that requires minimal water use) and conducting an energy audit of the facility.