Santa Barbara County Sued over Hoop Ordinance

Lawsuit Claims County’s Environmental Impact Report Was Flawed

An example of hoop houses in Santa Ynez Valley

Wed May 15, 2019 | 10:23pm

The Coalition for Responsible Cannabis, a countywide group disaffected with the county’s approach to the new cannabis industry, has filed a lawsuit challenging the county’s hoop-house ordinance, recently approved by the supervisors. It’s a highly technical attack.

The lawsuit, filed by attorney Marc Chytilo, claims the hoop-ordinance environmental impact report (EIR) was flawed, that it had been so changed it no longer described what the supervisors voted on in April, and that the supervisors ignored Class I impacts that can’t be mitigated. That document, Chytillo argued, should have allowed affected parties and the public a chance to comment. A key component in the public process “was … given short shrift,” he said.

Recently, cannabis growers have begun using plastic hoop houses that are routinely allowed for other crops. Because cannabis is not technically an agricultural product, the exemptions allowed for ag farmers do not apply to cannabis growers. With California’s registration deadlines looming, cannabis growers fought successfully to lighten what they claimed were time-consuming county regulations.

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