Salmon ruling curbs San Geronimo Valley development

Good News for Marin Fish and Streamside Environment

This just in from the Marin IJ.  Very good news. Good job on the part of SPAWN and friends.

By Nels Johnson
Marin Independent Journalhttp://www.marinij.com/westmarin/ci_21527233/salmon-ruling-curbs-san-geronimo-valley-development

Posted:   09/12/2012 02:24:57 PM PDT

Development restrictions were imposed on the San Geronimo Valley by a county judge who barred new building applications until Marin officials enact tougher rules to protect creekside salmon habitat.

The ruling does not affect existing building permits, including development of Spirit Rock, or ministerial "work that does not expand the existing building footprint," as well as replacement or repair work required by state or federal law or "a disaster or emergency as declared by the federal or state governments, or the county Board of Supervisors."

Marin Superior Court Judge Lynn Duryee, making a final ruling this week in a lawsuit filed by the Salmon Protection and Watershed Network of Forest Knolls, rejected the fishery group's argument that the county violated environmental law, but said officials must deliver an improved "streamside conservation area" program aimed at limiting activity detrimental to fish.

Because county policy promises adoption of rules tightening creekside protection, the county is "enjoined from approving and shall not approve any application for development within the stream conservation area, as defined by the 2007 countywide plan update, in the San Geronimo Valley watershed ... until such time as the streamside conservation area ordinance required by the 2007 countywide plan update is adopted by the Marin County Board of Supervisors," Judge Duryee ruled.
The action includes exceptions carved out during protracted negotiations after a tentative decision issued four months ago.

A key exception allows work that does not expand the building footprint "within the stream conservation area, and is subject to ministerial approval by the county," a provision enabling some to proceed with remodeling projects, perhaps including second-story improvements. Another allows supervisors to declare an "emergency" to allow repairs to proceed, but offers no definition of such a situation.

SPAWN's lawyer, Michael Graf of El Cerrito, was not immediately available for comment, and Todd Steiner, the group's executive director, said he wanted to read the judge's ruling before commenting. SPAWN later issued a statement in which Steiner said it was "unfortunate the county's failure to do proper environmental review and get common-sense rules in place has resulted in a court-ordered de facto building moratorium."

Steiner added: "Supervisor (Steve) Kinsey decided to roll the dice in court, and the people of the San Geronimo Valley are the current losers. ... We hope common sense rules will now be adopted quickly."

In an interview, Steiner said Judge Duryee essentially "split the baby," giving both sides in the litigation a wink. He added he has no problem with the exemptions allowed by the judge.
Kinsey said that while "the court supported the county's extensive environmental review," restrictions sought by SPAWN present a difficult hurdle. "I find SPAWN's continuing effort to stop future development on legal lots in established neighborhoods to be divisive, dismissive of both county and property owner efforts, and costly to defend at taxpayers' expense," Kinsey asserted. "There is a better way, as reflected in our voluntary landowner assistance programs, protective conditions incorporated into building permits and substantial (fish) barrier removal projects where streets cross creeks."

Niz Brown, treasurer of the San Geronimo Valley Stewards, a property owners' group that she said backs "reasonable" efforts to help salmon, expressed dismay at the turn of events, saying the notion that building near streams "has caused the demise of salmon is absurd," and not based on scientific evidence.

"Why is it that this little valley gets thrown under the bus?" she asked. "It's absolutely appalling. ... Why doesn't this affect all streams in Marin County?"

The county issued a press release indicating that while area Supervisor Kinsey "believes the injunction will cause significant hardship for residents," only five building permits were issued this year involving expansion of a building within the conservation area. The statement trumpeted county efforts to protect endangered coho salmon, noting it and other public agencies have spent more than $17 million improving the valley watershed, home of one of the most important coho fisheries in the state.

Tom Lai, assistant community development agency director, said he expects the judge's ruling will mean relatively little change for valley homeowners who already face a web of building regulations. He added county planners will produce an expanded streamside conservation program by next year for adoption by the county board, a move that will eliminate the court's red tape.

In its suit, SPAWN argued that the 2007 countywide plan update failed to protect
salmon habitat in the San Geronimo Valley, violating the California Environmental Quality Act. The county already restricts building within 100 feet of creek banks, but SPAWN wants tougher rules to protect fish.

In an abrupt, closed-door deal with Steiner aimed at staving off legal action, county supervisors in 2008 banned creekside construction in the San Geronimo Valley for two years to review regulations and assess salmon protections. Supervisors approved voluntary measures to protect salmon, but rejected tough new streamside tree cutting and related habitat rules urged by county planners.
Steiner sued, leading to this week's ruling.

Cell phone spectre in Fairfax

Yes, it's happening in sleepy little Fairfax, California, a Cell phone tower proposal that has passed the Marin County Planning Commission and is being appealed to the Board of Supervisors.  This one is supposed to be disguised as a tree.  

Telecommunications law makes it hard to beat these Cell phone installations, at least on health or safety grounds, but we at Green Legal Solutions have delayed them for thorough environmental review under CEQA (aesthetics and similar issues are grounds for appeal). 

In Lake County, we stopped a ridgeline Cell phone tower at the Supervisors level, because a full review of a planned series of repeater stations was needed.  Verizon has big bucks for lawyers, but people power and public interest law can go a long way.  And AT&T is coming soon to a tree near you.

Here's the article from this morning's Marin IJ for all interested in the process:

County commission OKs Fairfax cell tower plan despite neighborhood protests

By Nels Johnson
Marin Independent Journal

Posted:   09/10/2012 03:46:59 PM PDT

A hotly-contested plan by a telecommunications giant to erect a 50-foot cellphone tower disguised as a tree on a ridge near Boy Scout Camp Tamarancho above Fairfax was approved Monday by a county commission as neighbors vowed to bring their fight to the Board of Supervisors.

The county Planning Commission, saying Verizon Wireless made a compelling case for the tower in light of a coverage gap along Sir Francis Drake Boulevard, unanimously approved the proposal despite protests from neighbors who live almost a half-mile away.
Mark Fiore of Bothin Road in Fairfax, a Pulitzer Prize-winning political cartoonist, said neighbors will chip in the $770 needed to appeal the decision to county supervisors.
Commissioners agreed that after a five-year planning effort, Verizon had come up with an acceptable, largely unobtrusive plan that would improve cellphone coverage, speed emergency response time and boost public safety. Two commissioners relayed stories of
experiences with medical emergencies in which cellphone coverage was not readily available.
In any event, commissioners agreed with a Verizon lawyer who cautioned that federal
law limits the ability of local agencies to restrict such facilities.
"This cell tower is situated in such a way that will have virtually no impact," said Commissioner Katherine Crecilius.
"Generally I'm against putting structures on ridgelines, (but) this just becomes another odd tree," added
Commissioner Randy Greenberg, saying the project "in no way is a precedent for or enables other ridgeline applications.""In general, I think this is an appropriate location," said Commissioner Don Dickenson. "Our hands are tied" by federal regulations, noted Commissioner Wade Holland, adding Verizon "has jumped through the hoops" with a diligent planning effort.
Several speakers indicated support for the plan, including former Sausalito fire chief Steve Bogel, who lives on Manor Road in Fairfax. "I hope this system will improve our service for our convenience and for public safety," he said.
But a dozen area residents rose to oppose the tower, calling it a blight on the ridgeline, a radio wave health hazard, a "lightning rod" for fire danger in a "tinderbox" area buffeted by wind, and argued that alternative sites were not adequately reviewed.
Nancy Morita of Iron Springs Road called the tower plan an "oversized industrial pollutant" that would spew hazards around the clock to satiate the "greed of an outside corporation." Neighbor Rebekah Collins called the tower an "enormous liability" that would attract lightning strikes and trigger wildfires that would sweep down the canyon. "Why is it that we have to sacrifice our peace of mind and our quality of life for this project?" she asked.
Others asserted Verizon had not studied other sites in enough detail — or even shown that enough of a "coverage gap" existed to merit the tower.
The commission disagreed with just about every neighborhood argument, noting that the plan called for a tower 70 feet below a site turned down by a county zoning official last year, and said the latest plan was far superior.
After years of effort in which Verizon said it reviewed 24 alternative sites, including three at Tamarancho, lawyers for Verizon called the new plan "the least intrusive means of addressing this significant coverage gap." Boy Scouts officials agreed.
The latest plan moves the "stealth" tree tower site at 1000 Iron Springs Road nearer a cluster of trees, and "will have little if any visual impact," according to Verizon attorney Paul B. Albritton. "This vital infrastructure fully complies with the Marin County Development Code, the Marin County Telecommunications Plan, the Marin Countywide Plan and the California Environmental Quality Act, and the denial of the application would violate the Telecommunications Act of 1996," Albritton advised.
The 50-foot-tall "monopine" tree would have 12 panels of antennae disguised as branches. A 1,216-square-foot area would be enclosed by a 6-foot-tall chain-link fence and include a 184-square-foot equipment shelter, a standby generator and a 210-gallon fuel tank.
Officials noted that AT&T is interested in using the tree antenna, a move that would require a design review permit application.