The Island Breeze Cannabis Project Stumbles Again

In an unusual move, the county Planning Commission signaled this week that it may deny a zoning permit for a cannabis greenhouse operation that lies across the road from the Polo Condos at the western end of the Carpinteria Valley.

The Island Breeze Farms project for two acres of greenhouse cannabis at 3376 Foothill Road was approved by county Planning & Development in March 2023, nearly two years after the county filed a “public nuisance” lawsuit against the owners and operators. On Wednesday, the commission heard an appeal by the Polo Condos homeowners’ association, representing more than 300 residents, to overturn that approval.

In recent years, Island Breeze has been a frequent target of residential complaints regarding the “skunky” smell of pot, as have two larger cannabis operations in the vicinity — G&K Produce at 3561 Foothill, and Autumn Brands at 3615 Foothill.

Voting 3-2 on Wednesday, with commissioners John Parke and Roy Reed opposed, the commission majority continued the Island Breeze hearing to Nov. 13 to consider the formal findings for a denial of a zoning permit. Commissioner Michael Cooney, who represents the valley, said the proposed odor control plan for the project was inadequate and did not comply with the county’s zoning ordinance.

In addition, Cooney said: “This is not the only potential odor producer in the area about which the public has made specific complaints for a long time. It would be very difficult for us to determine whether or not this particular operation is the cause.”

Residents told the commission in person and in writing on Wednesday that Island Breeze was too close to the Polo Condos and was making them sick.

“The smell at times has been so strong, it gives me migraine headaches,” said Vicky Norris, who lives next door to Island Breeze. “The idea that they will be allowed to grow more at this location is just wrong.”

Brianna Cook, a 30-year resident of the Polo Condos, said, “I have severe asthma and I am triggered by this on a weekly basis.” And Sarah Eagle, who lives in the foothills on La Mirada Drive, wrote that the Island Breeze operators had “not proved themselves to be ‘good neighbors’ in the past; neither to the Polo Club nor to anyone living within the area where their ‘odors’ permeate our air.”

Cannabis is presently under cultivation in five of 13 Island Breeze greenhouses. Island Breeze and the property owner, Island View Ranch, a limited liability company and a defendant in the county’s lawsuit, are seeking a permit to grow cannabis in all 13 greenhouses, with five harvests per year. Island View is registered in state and county records to Robyn Whatley Miller of Thousand Oaks and Lois Von Morganroth of Ventura. Whatley Miller is listed as the CEO of Island Breeze.

The County’s Lawsuit

The operators of Island Breeze, like most cannabis growers in the valley, were granted “legal non-conforming” status by the county after they signed affidavits stating that they had been growing cannabis before Jan. 16, 2016. The county allowed them to continue growing without permits, so long as they applied for them.

Island Breeze is one of the only cannabis operations in the valley still under cultivation without an approved zoning permit. Denials are rare. But in 2021, the county’s first and only lawsuit against a cannabis operation alleged that Island Breeze and Island View Ranch were engaging in “unfair competition” by operating without a county zoning permit or business license. Island Breeze “has not diligently pursued the required permits as its application has been pending with the County for over two years,” the complaint stated.

In May this year, however, the county dismissed its lawsuit and permanently dropped the case. A copy of the “Confidential Settlement Agreement And Release Of All Claims,” forwarded by the County Counsel’s office to this reporter, states that the parties agree not to sue each other; but it provides no explanation for the dismissal.

At Wednesday’s hearing, Commission Chair Martinez, who represents the Santa Maria Valley, said he would follow Cooney’s lead for a continuance on Island Breeze. Commission Vice Chair Laura Bridley, who represents portions of the Goleta Valley and Santa Barbara, agreed, adding: “We have listened to so many appeals in this particular area … I don’t want to call it a bad actor, but this particular site got caught doing something and didn’t follow good rules like some of our other applicants in Carpinteria, so I have no sympathy for this particular applicant.”

‘A Bird in the Hand’

In voting in favor of a permit for Island Breeze, commissioners Reed and Parke noted that the proposed odor control plan for the operation includes carbon filters called “scrubbers,” a technology that can eliminate most of the pungent smell of pot before it escapes through the open vents on greenhouse roofs.

In June, the commission had sent the Island Breeze operators back to the drawing board to include scrubbers in their plans. Currently, they are relying on a “misting” or “vapor phase” system that is designed to neutralize the smell of cannabis along the greenhouse ridge lines, after it escapes into the outside air. As proposed, both the “misting” system and carbon scrubbers would be used to control the smell of pot from Island Breeze.

“I’m a bit disappointed that we’re going to be voting on a motion to continue this on the basis that the odor abatement plan is inadequate,” said Reed, who represents Orcutt, Los Alamos and a portion of the Sta. Rita Hills wine country west of Buellton, where outdoor cannabis has taken

root. “This odor abatement plan reflects pretty much exactly, perhaps even a little more so, the instruction, the wishes of the commission which we expressed at our prior meeting.”

Parke agreed with Reed, noting that the project didn’t need a conditional use permit that would have required compatibility with the surrounding neighborhood. Parke represents the Santa Ynez Valley and much of the Sta. Rita Hills.

A continuation of the Island Breeze hearing to Nov. 13 means that it will take place one week after the commission considers a series of amendments to tighten the odor control regulations in the county’s unpopular 2018 cannabis ordinance. As proposed by Planning & Development, the amendments would require county inspectors to test for the smell of pot on greenhouse property lines in response to neighborhood complaints.

Many valley residents have long favored stronger measures, such as requiring growers across-the board to install scrubbers and phase out the “misting” systems that are prevalent in the valley. Many say the “laundromat” smell of these systems is worse that the smell of pot. According to county records, only six of the 20 active “grows” in the valley are equipped with scrubbers.

Parke suggested on Wednesday that the proposed amendments might even give the growers “a way out of” having to install carbon scrubbers. Island Breeze’s critics, he said, should accept the offer now on the table.

“Perhaps cannabis should never have been allowed in the Carpinteria Valley,” Parke said, “… but given that it’s there, given the ordinances we have, I think this is about the best you can get — is to get the carbon scrubbers and the vapor phase at the same time … You’re better off taking a bird in the hand.”

For a look at the county's May 2021 lawsuit against Island Breeze and the May 2024 dismissal of that case, click on these files:

Melinda Burns is an investigative journalist with 40 years of experience covering immigration, water, science and the environment. As a community service, she offers her reports to multiple publications in Santa Barbara County, at the same time, for free.