Mark Pasternak, the owner of the 75-acre Devil’s Gulch Ranch in Nicasio Valley, has sued the county of Marin over his right to hold fundraisers for his nonprofit, which has benefitted Haitians and other needy groups.

Pasternak has been battling with some of his neighbors since obtaining a use permit from the county in 2004 to operate a year-round day camp for children, as well as 12 open house/educational tours and two large special events each year.

In November, after complaints from neighbors that Pasternak was violating the terms of his use permit, the Marin Board of Supervisors imposed new restrictions on the rancher.

Peter Prows, Pasternak’s attorney, said the new restrictions will make it virtually impossible for the rancher to continue holding fundraisers for DG Educational Services, a nonprofit operated by Pasternak and his wife, Myriam Kaplan-Pasternak. Pasternak would also be prevented from parking any of his vehicles on neighbors’ property.

DG Educational Services provides agriculture and nature educational programs, both locally and globally. The programs are designed to teach people the skills to produce food and live sustainably while promoting an appreciation of nature.

“We run educational programs at my ranch, and we also work internationally, mostly in Haiti, but not exclusively,” Pasternak said. “My wife is an internationally recognized meat rabbit veterinarian, so much of her work focuses on rabbit production. I’ve gone to Haiti and worked with the pig producers there. We’ve also gotten involved with coffee producers in Haiti.”

Help for Haiti

The Pasternaks were in Haiti in 2010 when the island nation was rocked by a 7.0 magnitude earthquake, which was followed by a hurricane. They helped to organize aid to Haiti after that disaster and are again involved with relief efforts in the wake of Hurricane Matthew, which hit Haiti on Oct. 4, causing widespread damage.

At their ranch about two miles from Nicasio Square, the Pasternaks raise rabbits, pigs, sheep and quail as well as operating a vineyard with pinot noir and chardonnay grapes. They sell their meats to a variety of restaurants including Aziza and Zuni Cafe in San Francisco.

Prows said county staff is now taking the position that Pasternak’s occasional fundraisers need to be regulated as part of the open house/educational tours component of the use permit.

“The problem there is that part of the use permit prohibits the service of alcohol to guests,” Prows said. “It limits the hours of the event to 9 a.m. to 4:30 p.m., and it requires guests to be transported from offsite to the property. Those kind of conditions make holding a fundraiser very difficult.”

Complaints

In his suit, Pasternak asserts that the county has failed to make the findings necessary to justify the changes in his use permit.

Prows said Marin’s Community Development Agency investigated a series of complaints about activities at the ranch that were registered in December 2014 and subsequently issued a letter in March 2015 stating that the activities at the ranch were in compliance with the 2010 permit.

“As a result, the code enforcement case on this property is closed,” Marin County senior planner Curtis Havel wrote.

One of the complaints had been about an April 2014 whiskey-tasting event at the ranch. In his March 2015 letter, Havel wrote, “Neither the ARP (agricultural, residential, planned district) zoning district nor the approved use permit prohibits a property owner from occasionally hosting private events on their property.”

Nevertheless, Deputy County Counsel David Zaltsman said, “The county firmly believes the amended requirements related to special events and on-site parking are both on sound legal ground as well as based upon substantial evidence.”

Court ruling

Regarding the new conditions in the use permit, Steve Lewis, president of the Nicasio Land Owners Association, said, “It does not go as far as what we advocated.” But, Lewis said, “We support the language that the Board of Supervisors has adopted.”

The new use permit also incorporates a court ruling issued by Marin Superior Court Judge Roy Chernus in May that prohibits Pasternak from continuing to hold two large, special events each year. Chernus issued the ruling in connection with a suit filed by Pasternak’s neighbors, Kathleen and Joseph Jolson.

The Jolsons said that Pasternak was overburdening the mile-long gravel road that leads to his ranch with car and bus traffic. The road, which passes through the western portion of the Jolsons’ property, is narrow and sometimes steep.

The Jolsons challenged whether Pasternak had a legal easement for the road. Chernus ruled that Pasternak could continue all current uses of the road with the exception of the two special events.

Following the changes in his permit, Pasternak must provide buses that are no larger than 36 feet in length to transport guests participating in the 12 open house/educational tours up that road and back.