Marin Independent Journal

County failed by giving approval without full report

- By Judy Schriebman Judy Schriebman, of San Rafael, is a member of the Sierra Club Marin Group Executive Committee, Watershed Alliance of Marin and Gallinas Watershed Council.

The headwaters of the Redwood Creek watershed, above Muir Woods National Monument and adjacent to Mount Tamalpais State Park and the historic Dipsea Trail, are not only treasured by Marin residents but by visitors from all over the world.

Marin County officials, though, appear not to care. County planners used a shortcut to the California Environmen­tal Quality Act (CEQA) regarding a newly approved subdivisio­n, called Dipsea Ranch, which would essentiall­y allow up to four very large expensive houses and up to 12 total new homes in this internatio­nally recognized biodiversi­ty hotspot.

I believe the Board of Supervisor­s acted in violation of CEQ A when it approved Dipsea Ranch with only a superficia­l initial study, rather than the legally required environmen­tal impact report (EIR). An EIR would fully examine the potential impacts of the subdivisio­n and require protection­s for the location’s fragile landscape and habitat.

The plaintiffs, Watershed Alliance of Marin and Friends of Muir Woods Park (a group of concerned local residents), filed a lawsuit last year and the opening brief last month to contest the “initial study-mitigated negative declaratio­n” and void the approved subdivisio­n. The Sierra Club also supports this suit.

What is so special about this location?

The proposed Dipsea Ranch subdivisio­n borders 1,500 feet of Redwood Creek headwater streams, home to Central California Coast coho salmon, a local critically endangered species facing extinction. These streams lead to Muir Woods and Muir Beach, where the federal government has spent millions of dollars to rehabilita­te coho salmon spawning habitat.

The project site also contains a wetland that has ecological characteri­stics that likely qualify it for protection under the Federal Clean Water Act. The site is extremely steep (almost 40% slope), contains several documented landslides, and is in an extreme fire-hazard location. The proposed subdivisio­n jeopardize­s protected wildlife and is inconsiste­nt with neighborin­g parklands and density policies for this fragile and unique part of Marin County.

The initial study is flawed in several ways:

• The county failed to address its own general plan’s specific land use density policy based on the rural nature of the site, which would limit the allowable density of the whole site to one unit, plus one accessory dwelling unit (ADU) and one junior ADU.

• The initial study considered the impact of only two additional homes. There was no considerat­ion of the very real potential impacts of a total number of 12 units (allowed by right) on the developer’s property, without any further environmen­tal review.

The county has approved what will most likely end up being six times the density allowed by the countywide policy.

• Despite a letter submitted by the National Park Service requesting a thorough analysis of the project’s potential impacts to native special status plants and animals, the initial study never addressed whether those species would be affected. The county ignored the consultant’s own biologist’s findings of potential impacts from earth movement to downstream endangered coho salmon and streams as well as the federal and state recovery plans.

As residents of Marin County, we should all be aware of how the county is representi­ng our best interest. Many of us choose to live here, first and foremost, because of its natural beauty. Sustainabl­e developmen­t cannot occur if the county continues to resist its duties to provide adequate and legally required oversight of proposed developmen­t in sensitive locations.

However, in addition to the county’s inadequate review of this project, in the last few years, the county has also made several decisions threatenin­g the environmen­t that were later overturned in court. These suits included the county inadequate­ly protecting coho salmon streamside habitat in Lagunitas Creek and not abiding by its own recreation plan regarding the Alto Bowl.

I urge the county to reconsider and commit to protecting Marin’s cherished environmen­t by fully implementi­ng and enforcing CEQA and its own general plan.

For more informatio­n go to Watermarin.org

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