A temporary moratorium on new development in the Stinson Beach floodplain was one result of an appeal hearing before the Marin County Board of Supervisors on Tuesday, when a decision on a proposed residential development on Calle Del Embarcadero was postponed until May. Neighbors making their second appeal before county officials argued that the project, a single-family dwelling proposed by Mill Valley realtor Heidi Hjorth, is located within a 100-year floodplain and therefore violates Local Coastal Program restrictions.
But supervisors said language in the L.C.P. prohibiting development in the floodplain conflicts with language in county code, which could be interpreted to allow such development. The Planning Commission voted to deny the neighbors’ appeal in February, swayed by staff members from the Community Development Agency who cited the loophole in county code.
That loophole—a parenthetical portion of county interim coastal zoning code—states that the Army Corps of Engineers has the authority to define 100-year floodplains. Agency staff said the Army Corps has never defined 100-year floodplains anywhere; instead, that designation has been made by the Federal Emergency Management Agency for flood insurance mapping purposes.
“Army Corps has never set the standards, and that’s what we’re using,” Planning Commission Margot Biehle said at February’s hearing. “That seems a little backwards.”
Nonetheless, commissioners struck down the neighbors’ appeal on grounds that preventing Ms. Hjorth from developing her parcel could result in an illegal “taking” of privately owned land—meaning that the commission could be liable to compensate Ms. Hjorth for any economic losses incurred on account of government prohibitions on development.
On Tuesday, Supervisor Steve Kinsey pointed out that amendments to the L.C.P., which could be adopted in the coming months, could clarify whether the county should apply FEMA’s definition of a floodplain. (FEMA does identify Calle del Embarcadero as located within a 100-year floodplain.) Mr. Kinsey offered Ms. Hjorth the option of waiting on a ruling until Community Development Agency staff could consult with the California Coastal Commission about how to interpret the L.C.P.’s floodplain language.
Until then, the board will suspend decisions on any additional development projects in the floodplain area around Easkoot Creek.
“The likelihood with which we might have a new L.C.P. within the next five or six months is something we should consider,” Mr. Kinsey said. “Today, I’m not ready to take the action to deny this appeal.”
Ms. Hjorth agreed to allow the project to be revisited at the board’s May 12 meeting. In the meantime, Mr. Kinsey called for the board and Stinson Beach residents to consider the challenges facing development in a region affected by both creek flooding and sea-level rise.
“No small bathroom additions, no foundations, no decks until we get this [language] clarified,” said Mr. Kinsey, referring to the temporary moratorium. “While we have this pause, we all ought to think about what the right response for the community is to these changing conditions.”
Aside from Ms. Hjorth’s property, three other projects located in the Stinson Beach coastal zone are awaiting coastal permit approval from the Community Development Agency.
Ms. Hjorth purchased the parcel a year-and-a-half ago and has submitted numerous design revisions for a proposed 1,400-square-foot residence with an attached 535-square-foot garage since applying for a coastal permit. She received conditional approval for a coastal permit as a result of the February hearing, but neighbors Kathleen Hurley and Erika Lowry—who filed the initial appeal before the Planning Commission—promptly filed a second appeal with the Board of Supervisors.
Ms. Hurley and Ms. Lowry both own properties that abut Ms. Hjorth’s lot on Calle de Embarcadero. They and other neighbors along the road fear Ms. Hjorth’s house will clash with the neighborhood’s character, impact riparian habitat along Easkoot Creek and exacerbate flooding in their low-lying neighborhood. Currently, the empty lot serves as a buffer between creek flooding and existing residences.
Neighbors also expressed concern that the house will be used as a vacation rental. With a garage comparable to the size of nearby homes, the project has been criticized as the latest addition to the wave of wealthy Bay Area homeowners establishing adjunct residences in West Marin.