Mar 12 2025 Newsletter - grandfathering This Grandfather is a dirty old man

GRANDFATHERING

The word “grandfathering” sounds benevolent. However, in Sonoma County it is being weaponized against Sonoma County’s rural residential neighborhoods.

Grandfathering is a legal notion that allows existing approved projects to be governed by the laws in existence at the time of their approval. When a new law is approved, changing the law of the past, the new law is not applied to previously approved projects. The existing projects are considered “legal non-conforming,” and are grandfathered under their existing provisions and approvals. This sounds logical in some respects as projects were or will be approved under the laws at the time. But it also means previous objectionable and poorly considered projects are cemented into our neighborhoods and are immune from the improved protections we are seeking.

Sonoma County is currently preparing an Environmental Impact Report and revising its Cannabis Ordinance. The Board of Supervisors did not declare a moratorium on cannabis applications during the environmental review process. Consequently, there are some cannabis applications in the pipeline. They might be designated as “complete” and approved under the existing ordinance. Some may be grandfathered under the minimal existing provisions and operate under the revised ordinance. However, Permit Sonoma has proposed these ”grandfathered” projects would also enjoy several “perks” proposed in the revised ordinance. So these “grandfathered” permit holders would get the best of both worlds – no need to comply with the new requirements which protect neighbors while benefitting from any expanded activities the revised ordinance might offer which wouldn’t have been allowed under their original permit.

ANOTHER GIFT FOR GRAMPS

In addition to the gift of grandfathering, Permit Sonoma has proposed the following exceptions in the revised commercial cannabis ordinance:

• Rescinding the Health and Safety provisions in the current ordinance which forbids public nuisances or adversely affecting the health or safety of nearby residents. This exception disregards Sonoma County’s most important responsibilities to rural residents. What warrants this drastic step? Why are the health and safety of residents irrelevant?
• Eliminating term limits for permits in the existing Ordinance and allowing use and zoning permits to “run with the land” in perpetuity. This means that once a property is approved for commercial cannabis, there is no way to undo that designation, regardless of how horrific it might be to neighbors or how it’s being operated. There would be no requirement for continuing operations so even if operations ended temporarily, they could pop right back up no matter how offensive they may be. The operations would “self-police,” an idea that attempts to excuse the County from any responsibility to protect innocent neighbors. The experience of neighbors adjoining existing cannabis operations clearly shows growers are rarely good neighbors.
• Non-conforming cannabis operations can ignore more possible stringent provisions of the new Code such as increased setbacks but still take advantage of the proposed “perks.” Such perks would include allowing uses prohibited in the current ordinance such as tourism, retail sales, and consumption at rural parcels and a 10% expansion of the operation. By way of contrast, if residents rebuild a house after they are burned out, they must bring the building up to the current code. Grandfathers are exempt and given a “pass” on adhering to the new code except taking advantage of provisions that are more permissive.

THE BOTTOM LINE

There ARE remedies to the impacts of the proposed grandfathering. Here are some actions Sonoma County decision-makers can take to minimize the impacts of commercial cannabis on rural residents and communities:

• Dropping the changes proposed in the revised ordinance such as rescinding health and safety provisions and eliminating term limits.
• Requiring nonconforming operations that are grandfathered to meet current health and safety codes.
• Placing limitations on non-conforming uses and setting a sunset date for existing permits,
• Issuing approvals of projects in the pipeline for a limited time with a specific sunset date,
• Shutting down operations that are endangering public health, safety, and welfare,
• Requiring in-process permit applications be withdrawn or modified to meet current code requirements.

Grandfathering is being wielded like a sword against those unlucky rural residents who happen to live next to Grandpa, but that seemingly nice old guy turns out to be the proverbial “neighbor from hell.”

WHAT CAN BE DONE - SUGGESTIONS

Grandfathers can continue operations and even expand to include additional activities.Rural residents will have no ability to challenge or undo permits with cannabis activities that are incompatible with our neighborhoods and pose a health threat to our homes and families.What Sonoma County proposes is an unlawful surrender and rejection of its responsibilities to serve ALL citizens of the County. When serious environmental and/or human health impacts are identified, remedial action must be taken. Sonoma County is responsible for the health, safety, and welfare of its rural residents. When the public is subjected to harm by the degradation of their living environment, it’s the County’s responsibility to prevent that degradation. The fundamental role of public officials is to protect the health, safety and well-being of the public. They took an oath to provide those protections. This proposal betrays that oath.

HOW CAN YOU HELP?

If the County’s proposals on these and other issues trouble you please call the supervisor switchboard (707-565-2241) and leave a message. Communicate directly to each Supervisor about the priority of neighborhood compatibility in their decision-making. Object to Permit Sonoma’s failure to make neighborhood compatibility their guiding light as they were directed by the Supervisors. Become fully aware of the cannabis ordinance changes at the County’s website that impact your property;

1. Visit Neighborhood Coalition Sonoma County to learn more ways you can get involved and help protect your neighborhood
2. Make a donation You can donate online , or you can mail a check to:
   
   Sonoma Neighborhood Coalition
   PO Box 1229
   Sebastopol, CA 95473

Our campaign to preserve what we all hold near and dear needs your support. Your tax-deductible donation will fund technical experts and our legal team that are critical to our effort to require the County to protect our environment, children, and the health and safety of our neighborhoods.

The Neighborhood Coalition is a 501(c)(3) nonprofit organization, volunteer-based, dedicated to advocating for proper cannabis and land-use policies that benefit the community. All donations support these efforts.

Thank you for your support and donation.
The Neighborhood Coalition team

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