County planners OK River pot dispensary: Second shop approved ‘without much fanfare’

GUERNEVILLE – Sonoma County Planning Commissioners last week
gave the OK for a second medical marijuana dispensary in
Guerneville without much fanfare and no apparent community
opposition.
The unanimous vote of the county Board of Zoning Adjustments (BZA)
followed a staff report recommending approval of the Riverside
Wellness dispensary that has been open for business for more than
two years on River Road along the Rio Nido strip.
Applicants Stuart Rucker and Daniel Austin had requested a use
permit for a “Level I medical cannabis dispensary” in the same
building that houses the Tavern McHugh’s microbrewery and
restaurant.
County planners said the operation is in compliance with state
rules and a county medical marijuana ordinance adopted last year
and the long-time operation of a pot club on the site has not been
controversial.
A medical marijuana dispensary “has operated intermittently on the
property for over 10 years,” said County Planner Steve Padovan in
his report to the BZA.
A former tenant was the Marvin’s Gardens medical pot dispensary now
located on Armstrong Woods Road in downtown Guerneville.
Marvin’s had to take the county to court to keep from being closed
down and was eventually granted a use permit this year under the
county’s four-year-old ordinance No. 5715 which established use
permit requirements and standards for medical cannabis
dispensaries.
Riverside Wellness property owner Daniel Austin filed his use
permit application two years ago before a Sonoma County judge had
issued an order invalidating the County’s Medical Marijuana
Dispensary Ordinance.
With the ordinance invalidated, medical marijuana dispensaries were
prohibited in all county zoning districts.
That meant the county Permit and Resource Management Department
(PRMD) “was unable to process the medical marijuana dispensary
applications and the files were placed on hold,” said Padovan in
his report.
Last year a state appellate court reversed the Superior Court
decision and the ordinance was reinstated.
After reinstatement, multiple medical cannabis dispensaries opened
throughout the county without obtaining use permits, said
Padovan.
In January last year, PRMD received a complaint that the dispensary
was open and sent a letter to the operator informing them to cease
the use.
In August last year, a Violation Notice and Stop Order was sent,
directing the Riverside Wellness operation to cease until a use
permit was obtained.
The Violation Notice was appealed and “by mutual agreement the
appeal was stayed until the Use Permit application outcome was
determined,” said Padovan.
The new use permit allows Riverside Wellness to supply medical
marijuana for up to 20 patients per day.
The purpose of the facility is to provide medicinal cannabis to
local medicinal cannabis patients “in a clean, safe, and
professional environment” and in compliance with applicable state
and county codes, according to application papers.
The Riverside Wellness collective includes three employees working
at the dispensary, two of which are on-site at all times, said
Padovan.
Patients are checked in to ensure that they have the proper
identification and a California issued Medical Marijuana
Identification Card, according to the permit conditions the BZA
approved last week.
Once cleared, patients enter through a door into the locked medical
cannabis dispensing area. There are 24-hour closed circuit cameras
focused on the parking area, the main entry, the lobby/seating area
and the dispensing room.
A small amount of product is on display behind a glass counter in
the sales/dispensing area with the majority of the product stored
within a safe in a separate storage area, said Padovan’s
report.
No smoking or consumption of any tobacco, cannabis or alcohol is
permitted on or around the premises, according to the permit.
Only one visit per day per customer is permitted.