Residents in the San Geronimo Valley will now face tighter development restrictions, after the Board of Supervisors on Tuesday unanimously adopted a stream conservation ordinance designed to protect endangered salmon in the Lagunitas Creek watershed.
Though the Salmon Protection and Watershed Network says the rules are essential to safeguard the watershed from the impacts of development, others argue they place an unfair financial burden on 900 families in the valley. The restrictions originated from a lawsuit brought by SPAWN in 2010 and a subsequent lawsuit, and they were strengthened this spring when the county reached a settlement with the nonprofit. That settlement, under which SPAWN agreed to stop suing the county over its stream rules, tightened restrictions in the valley’s 100-foot stream conservation area, expanded the “no-touch” zone from 20 to 35 feet, shrunk certain building allowances from 500 to 300 square feet, and included ephemeral streams in the rules.
In response to public feedback, the ordinance adopted this week reduced permit and environmental review fees. Now, site plan review permits will cost $2,000 and environmental reviews, required for more complex projects, will cost $5,000. Staff said this represents a significant reduction from typical costs, with environmental reviews normally fetching more than $17,000.
Kristin Drumm, a senior planner with the Community Development Agency, said a site plan review is required when projects result in the removal of vegetation, expose soil, increase lot coverage or surface runoff or alter the bed, bank or channel of a stream. Several residents argued the costs will disincentivize homeowners to obtain permission, resulting in unpermitted work.
Forest Knolls resident Steve Tognini asked the county to find funding for residents to cover permit costs. “People living in the San Geronimo Valley did not cause the decline of coho salmon,” he said.
Others have worried that the rules will limit or discourage clearing defensible space. To quell significant concern related to the impact on wildfire mitigation, Ms. Drumm pointed to the exemptions to site plan review. “You can absolutely remove dead, invasive and exotic vegetation. You don’t need a permit for that,” she said. “You can also remove vegetation that would be considered a hazard to the public safety and welfare.”
Other exempt projects include home maintenance and repair, such as fixing a roof or maintaining a septic system, and electric vehicle charging stations.
To be able to enforce the rules, the ordinance implements overlay zoning, a tool that creates special zoning districts within a base zone. The Community Development Agency will be required to provide biannual reports to supervisors on the status of the ordinance and its effect on homeowners. Next steps include the creation of educational materials and handouts outlining the rules, which go into effect on Aug. 18.
“We stood our ground and are delighted that we finally have science-based regulations that will give the endangered coho salmon a fighting chance at survival in Marin,” Todd Steiner, the executive director of SPAWN, said in a press release.
County officials are confident the ordinance will protect the watershed and its endangered species and hope to implement it county-wide in the future. “I inherited this ordinance,” Supervisor Rodoni said. “I thought it was important when I got to the office and I still think it’s very important now for the county as a whole and for the San Geronimo Valley.”