Stewards Blog

On May 2, 2023, County Staff gave a status report to Board of Supervisors on the Stream Conservation Area (SCA) Ordinance adopted summer 2022. Attached pdf shows how to find Status Report on County website, along with detailed regulations and homeowners' guide.

Highlights of 5-2-23 Status Report:
• No applications for Site Plan Review have been submitted.
• One project outside the SCA requires Site Plan Review.
• County has received one anoymous complaint.
• County has received 2 written complaints, one about Golf Course and one other.
• County pays an outside company to answer complaint calls 24-7 on the SCA "Hotline".
• County will pay staff 1,000 hours each year to be on call to monitor Hotline complaints.

Read the Full Status Report

Please attend in person or on Zoom July 19 Tuesday at 1:30 pm. Marin Board of Supervisors will vote on the stream ordinance for San Geronimo Valley. Each person can speak for 2 minutes.

Meeting is at Civic Center in San Rafael. Take 101 North to exit for San Pedro Rd, Civic Center .
Zoom instructions: meeting ID 947 4251 8384, password 352533
You must install Zoom on your computer or smart phone. Hook up your microphone to listen and speak. Use the "raise hand" button to say you want to speak and they will call your name. 

San Geronimo Valley homeowners ask: Can we stop the stream ordinance demanded by SPAWN? Can we protect our homes? Will County officials listen to our concerns?

Actions you can take now:

1. By Wednesday July 13, send your personal emails to County 
DRodoni@marincounty.org BOS@marincounty.org TLai@marincounty.org KDrumm@marincounty.org

Subject line should refer to July 19 BOS meeting and San Geronimo Stream Ordinance.
 Ask all 5 Supervisors to vote NO on the stream ordinance.
Describe your home (but do not give your street address). How long have you lived in the Valley? What are your concerns about rules applied to your house? County officials will read specific complaints from individual homeowners, but pay less attention to standard form mass mailers.

2.  Tuesday July 19 attend Supervisors meeting on Zoom or in person.  Each person has the right to speak for 2 minutes. It is better to speak in person, if you have time to car pool to Civic Center. Find Zoom instructions at  https://www.marincounty.org/depts/bs/meeting-archive

3.  Visit San Geronimo Valley Stewards website and read the ordinance summary.  www.sgvstewards.com    

• On October 11, 2022 the stream rules will take effect and govern your property:
  • • All development will be restricted for 100 feet on both sides of any stream, including ephemeral flows that appear only during rain.  
  • • County will require $2,000 to $3,000 in permit fees and environmental reviews.
  • • You must pay an "impact fee" into a "habitat fund" that SPAWN could use for its projects.
  • • Expert reports will dictate how you replace your leaking roof or make normal home repairs.
  • • Repair and maintenance may not be allowed on old houses built before permits were required. 
  • • There is no clear exemption for building an ADU, handicap access ramp, solar panels, or EV charging station. 
  • • Rules against vegetation management and tree removal will increase wildfire risk, endanger evacuation routes, and lead to cancelled home fire insurance.
  • • Violations can be punished by $500 per day fines. 
  • • SPAWN could file public nuisance lawsuits against individual homeowners. 
  • • Stream restrictions will depreciate the value of your property for decades to come and your property may become unsaleable. 

  SGV Stewards request: Stream ordinance should expire in 5 years: 

The County's 2019 environmental report does not recommend SPAWN's new rules or say they will increase the salmon population. 900 San Geronimo families who live close to creeks will be the lab rats in SPAWN's experiment.  

• • County should publish reports twice each year on the numbers and types of project permits, and the gain or loss of habitat.
• • 5-year sunset: the new ordinance should expire in 2027, unless biannual reports demonstrate actual improvements in habitat and salmon populations. 
  

Send emails. Show up July 19. Tell your Supervisors to vote NO on stream ordinance. 

This article is submitted by Jim Barnes, a Director of San Geronimo Valley Stewards. Jim is a lifelong resident of San Geronimo Valley, with 30 years experience flying air tanker planes over fires in California and the western U.S.

On July 19, Marin Board of Supervisors will vote on the new stream ordinance for San Geronimo Valley. SPAWN demands the ordinance as settlement of its lawsuit to protect salmon. SPAWN rules would violate common sense management of our fire prone landscape and end in tragedy.

Please send your emails to County officials and ask them to vote NO on the stream ordinance.
DRodoni@marincounty.org
BOS@marincounty.org
TLai@marincounty.org
KDrumm@marincounty.org

Every stream ordinance should require property owners to create defensible pace around their homes. You and your neighbors have a common interest in protecting homes and people from forest fires, and protecting our beautiful forest from house fires.

Fire fighters know the only way to survive extreme burn periods is prepare in advance. Before the outbreak, clear your ground of ladder fuels such as grass, debris, leaf litter, small flammable shrubs, and crowded tree saplings. Create a shaded break by opening spaces between big trees. Remove fuel ladders that allow fire to jump from ground level to tree tops.

In contrast to the effective vegetation management prescribed by California fire authorities, the SPAWN ordinance doubles our fuel load. It requires all vegetation removed by a property owner to be replanted on the same parcel in a 2:1 ratio. It requires homeowners to retain all vegetation within 15 feet from top of bank, not remove more than 2 trees, preserve all riparian shrubs, and maintain at least 125 square feet of tree canopy within 35 feet of streams.

The SPAWN rules are similar to those in effect in the Lake Tahoe area, when it was swept by wildlfire in 2007. The Angorra fire destroyed 262 homes. The fire agencies' after action report faulted the local vegetation ordinance for its lack of defensible space and impediments to fire safety.

Trees and shrubs hydrated by creeks are susceptible to fire. The riparian zone has crowded stands of flammable bay trees and conifers and overgrown understory. The 1945 Paper Mill Creek fire started in the present location of Kent Dam, and burned to Mt. Tamalpais.

A fire that starts in San Geronimo will not stay here. Everyone in Marin will face the danger of airborne embers igniting flames one mile ahead of the main fire. Our most vulnerable period is the fall when hot desert winds reach our coastal hills. The hills are covered in native manzanita and chaparral that haven't burned for years.

For the salmon species in danger of extinction, extreme fire danger would be catastrophic. The products of combustion will sterilize the creeks and leave them devoid of aquatic life for an indefinite period. The world lost 20% of its redwood trees in last season's fires.

Marin fire agencies should be commended for encouraging property owners to clear trees and brush from escape routes and ignition triggers. Homeowners are trying to control vegetation so their insurance policies are not canceled. Marin Supervisors can help by not making it illegal to do so.

All of us should urge Supervisors to vote NO on the SPAWN stream ordinance. Don't give fire the final vote.

Marin County announced the new Stream Conservation Area Ordinance will take effect October 11, 2022. Planning Commission approved it June 13. Board of Supervisors will vote on July 19.  Consider October 11, 2022, if you are planning home improvements such as deck or driveway repair, new roof shingles, or removing flammable underbrush.

SG Valley Stewards urges homeowners to email objections before July 13, to Marin Board of Supervisors and Community Development Agency:  BOS@marincounty.org  DRodini@marincounty.orgTLai@marincounty.org  KDrumm@marincounty.org

On July 19, you can speak at the Supervisors meeting, either on Zoom or in person at Civic Center. The stream ordinance binds only the 900 families in San Geronimo Valley living in homes near streams. It does not apply to any other person or public agency in Marin County.

We offer below a summary of the proposed ordinance and comments of SG Valley Stewards.

Stream setbacks: No development allowed within buffer zone 35 feet of any stream. Development is restricted within 36 to 100 feet on both sides of every stream."Stream" includes main stem creeks, seasonal streams, and ephemeral rain flows.

"Development" includes:  Removing native vegetation; or grading or demolition; or repair and maintenance of any existing structure; or replacing or adding to any house, road, driveway, fence, deck or carport. 

"Maintenance and repair of existing permitted structures" is allowed within the 35 foot buffer zone and within the 100 foot area, but must meet Site Plan Review and be approved by Community Development Agency.

Requirements for Site Plan Review within the 36 - 100 foot stream setback:  

1. Lot coverage (additional impervious area) is limited to 300 square feet, cumulative for all development. Vertical additions do not count toward the 300 square foot limit--build up, not out.

2. County pays for Site Assessment by Marin Resource Conservation District, or you can pay a qualified professional.

3. You pay for inspection by County enforcement officer and must fix all past Code violations.

4. You must pay an "impact fee" into a Habitat Restoration Fund. SG Valley Stewards request impact fees be limited to $100 per parcel and the Funds can be spent only by government agencies to assist Valley residents make property improvements. Do not force homeowners to pay into a slush fund for SPAWN. 

5. If the project requires a building permit, CDA policy requires septic inspection and may require septic repair or replacement.

6. Site Plan must include a stormwater control plan, low impact construction, and Standard Management Practices (SMP's).

7. "No net loss of habitat"--any vegetation removed must be replanted in 2:1 ratio on your parcel. SG Valley Stewards object to the increased wildfire risk.

Homes outside the 100-foot stream area cannot create or replace roofs or driveways:  

Here are the requirements for every project (including those outside the stream area) that creates or replaces 500 square feet of lot coverage:

--roads and driveways hydrologically disconnected from streams,
--control of fine sediments,
--off-site retrofits,
--low impact development methods,
--stormwater control plan approved by a hydrology expert.

You can claim limited exemptions from site assessment:  

Removal of dead or invasive vegetation, but not below the top of stream bank.

Removal or trimming of pyrophytic (combustible) trees including tanoak, bay laurel or Douglas fir. However, removing any tree over 6 inches diameter requires a tree permit.

Planting non-pyrophytic native vegetation (Do ornamental garden plants require Site Assessment?)

Existing septic system repair, maintenance, and replacement.

Staff Interpretations of allowances and exemptions are not clearly stated:

SGValley Stewards request that all allowances and exemptions should be crystal clear and stated in plain language in the ordinance. 

In presentations to Planning Commission, CDA staff described some interpretations of the SCA Ordinance that may allow some allowances or exemptions.  Caution: These interpretations are not expressly stated in the SCA ordinance, and could be changed by future staff personnel, and could be overruled by strict enforcement practices. The homeowner risks $500 per day fines for each violation.

a.  300 SF addition is net of removals:  Your allowance for 300 SF additional lot coverage should be cumulative, after netting out impervious area you remove from the same parcel. Example: Remove 100 SF of old hot tub and deck, and add a 400 SF driveway.  (Question: Does the 2:1 vegetation ratio require you to plant 800 square feet of native shrubs to mitigate the 400 SF driveway?)

b.  Access for Disabled People:  Within the 35 foot buffer zone or the 36-100 foot stream setback, you should be allowed to install ramps and covered walkways necessary for disability access, without Site Plan Review. Disability access should not count toward your 300 SF maximum for lot coverage additions. The ordinance does not state this, but staff interprets it.

c.  Accessory Dwelling Units: California law now requires the County to allow a Category 1 ADU up to 800 square feet, even in an environmentally sensitive area. Staff interprets this to allow the ADU inside the 100 foot stream area, and not require Site Plan Review. However, the ordinance does not state this and does not say if the ADU counts toward your 300 SF allowance. Staff cautions that every ADU will require a building permit, and that your septic must satisfy current Code. Staff cautions the ADU cannot be built in "wetland", such as the 35-foot buffer zone close to a creek.

d.  Old Houses May Be "Legal Non-Conforming": 

The stream ordinance has allowances and exemptions only for "existing permitted structures." The ordinance should state allowances and exemptions also apply to "legal non-conforming structures" under Marin Development Code Chapter 22.112. Staff interpretations are confusing.

Many houses in San Geronimo were built following the 1906 earthquake, and through the 1950's, when Marin County did not require permits. A fire in San Rafael destroyed some pre-1960 County permit records. 

Old existing houses may qualify as "legal non-conforming structures" even if they do not conform to the current County Development Code. 

Staff interpretation is confusing:  You cannot add more non-conforming structures, but you should be able to repair and maintain the old legal non-conforming house. Does staff intend that any expansion of the old house requires the entire structure be brought up to current Code, including septic?  

Fire Defensible Space VERSUS Replanting Vegetation in 2:1 ratio: 

You will be fined $500 per day if you do not replant all native vegetation in 2:1 ratio. Homeowners are trapped between the stream and fire safety defensible space.

California law requires every forest residence to have 100 feet of defensible space, and to comply with local fire guidelines. Marin Wildfire Prevention Authority and FireSafeMarin inspect properties and require owners in San Geronimo to clear all brush and ladder up tree limbs. Many San Geronimo families are denied fire insurance, or suffer enormous rate increases.

Neither the Ordinance nor the Site Plan review require you or your neighbor to comply with fire guidelines. The stream ordinance does not strike a good balance between fire safety that preserves big trees in our old growth forest, versus thin saplings and native shrubs that add to fuel load.

Enforcement and Penalties 

SG Valley Stewards will request the Supervisors reduce punitive measures:

1. Do not harass families by investigating anonymous complaints.

2. Give homeowners a 2-year grace period to fix violations before imposing fines.

3. Reduce fines to $50 per day, down from $500 per day.

4. An impartial arbiter (not CDA staff) should determine contested violations or appeals. 

5. Do not create a private right organization to sue a homeowner for a stream violation as a "public nuisance". Shady lawyers could file public nuisance lawsuits and demand their fees as the price for settlement. If SPAWN or any enforcement action is needed, it should be by Marin County.

County Should Assist Property Owners to Correct Stream Map Errors.

Is your homesite located within a Stream Conservation Area? The ordinance defines the stream setback as solid or dashed blue lines on the official map located at this website: www.marinmap.org. Click "Main Map Viewer". Click "Hydrology"

Some San Geronimo residents have found errors in mapping their parcels. If the map erroneously shows your parcel inside the SCA, your property may suffer decades of depreciated value due to stream ordinance restrictions.

Only one California state official is authorized to request the United States government to correct the National Hydrology Dataset map. Marin County should assist San Geronimo homeowners to collect data on map errors, and ask the California official to make corrections with NHD. This is not a task for individual homeowners.  

Public Reports Twice Each Year.

The ordinance should require Marin County to make public reports twice each year. The ordinance is silent on reports. Reports should be published on the County website for all to read.

The stream program is an experiment imposed on 900 families in SG Valley. We need data to monitor success and failure. The reports should include numbers and types of stream assessments applied for, granted, or denied; complaints, fines and enforcement measures; gain or loss of impervious area and habitat; fees and costs paid by County and homeowners. We can then evaluate the stream program and the yearly fish counts published by Marin Municipal Water District.

The Stream Ordinance Should Sunset in 5 Years.

In year 2027, the stream ordinance should expire automatically, unless extended or amended by the Board of Supervisors.

Spawn demanded the ordinance as settlement of its 4th lawsuit against Marin County. The settlement goes far beyond the recommendations of the Final Supplemental Environmental Impact Report approved July 2019 (which was commissioned at the request of Spawn).

It is an uncontrolled experiment, using 900 San Geronimo families as lab rats. Unless there is measurable success in salmon populations, the ordinance should expire.

By 2027, we will have 10 biannual reports to measure success and failure. We should take a fresh look in 2027.

Marin County mailed you notice of the Planning Commission hearing on June 13 for a new stream ordinance in San Geronimo Valley. The Board of Supervisors will vote July 19.

What the County notice did not tell you: The new stream rules were written by SPAWN (Turtle Island) and Center for Biological Diversity, as settlement of their 4th lawsuit against Marin taxpayers.

The new stream rules bind the 900 San Geronimo families whose homes are located close to creeks. The rules would not effect any other part of Marin County, nor the 60,000 acres of fish habitat owned by federal, state, and local governments west of Lagunitas.

We encourage you to email County officials at the addresses below and voice your objections and concerns.

This is a partial summary of the new stream rules for Valley homes:

1. 35-foot no development zone. You cannot install any impervious surface (deck, carport, etc), or plant a garden, or install a fence within 35 feet of a stream.

2. 100-foot allowed uses zone. The 100 feet on both sides of any stream cannot be improved or developed except for "allowed uses" of up to 300 square feet impervious area. The 300 SF is cumulative, as an eternal maximum for each parcel.

3. Every major creek, seasonal stream, or ephemeral rain flow is a "stream" with 35-foot and 100-foot zones on both sides.

4. Habitat must be replaced on 2:1 ratio. For example, if you build a 300 square foot deck, you must remove 600 feet of gravel driveway. For your 20 square foot tomato garden, there must be a 40 square feet of "complete replacement of habitat equivalent" shrubs. Home space will decrease and wildfire risk will increase.
The 2:1 ratio of re-planting habitat vegetation does not comply with FireSafeMarin guidelines orr California Natural Resources Code section 4291 on defensible space.

5. Excessive Costs and Punitive Enforcement.
The County will charge an "impact fee" for any project within the 100 foot zone. The fee will go into a "Habitat Fund" which Spawn could use.
You must pay a County officer to inspect your property and enforce any past violations, before you are allowed to develop a new project within the 100-foot zone. In addition, you must pay building permit fees, septic inspection, or other project costs.
$500 per day fine is imposed for any future or past violations. The $500 runs each day until the mitigation remedy is inspected and approved.
The SPAWN settlement encourages a network of informants, who can make anonymous complaints. The County will have a "hotline" open 24 hours, 7days a week for complaints.
Every violation of the stream ordinance is a "public nuisance". The informant could file a lawsuit and collect his attorneys fees from the homeowner.

6. Increased Wildfire Risk.
The new regulations do not require you or your neighbor to obey the guidelines published on www.FireSafeMarin.org or the defensible space rules of Marin Wildfire Prevention Authority. Any underbrush or trees removed or trimmed within the 100 foot zone, must be replaced in a 2:1 ratio, with new similar vegetation on the same home parcel.

What Can You Do?
You can visit the Marin County website links in your mailed notice.

Marin Community Development Agency will publish Friday May 27 a staff report. Look for a redraft showing changes from the ordinance approved by Planning Commission Dec. 13, 2021, which was more tolerable for family homes.

Make Your Voice Heard
You can participate by ZOOM in the June13 Planning Commission meeting. Each person gets 3 minutes for public comment. Follow the Planning Commission website for Zoom instructions.

You can participate in the July 19 Board of Supervisors meeting, by Zoom or attend in person. Each person gets 2 minutes to speak.

Send Emails to County officials
Planning Commission: planningcommission@marincounty.org
Supervisor Dennis Rodoni: DRodoni@marincounty.org
Aide to Suprvr Rodoni: RKutter@marincounty.org
Board of Supervisors: BOS@marincounty.org
Community Development Agency:
TLai@marincounty.org
JTejirian@marincounty.org
JLiebster@marincounty.org
KDrumm@marincounty.org

 

Visit www.sgvstewards.com for updates.
Subscribe to SGValley Stewards Constant Contact emails, we will send you information as it develops.
Click here to join our mailing list.

On March 15, 2022, County Supervisors voted unanimously to charge families $500 per day for violations of any County Code that relates to their real property. If a homeowner objects, the County hearing officer, in his sole discretion, determines the violation and amount of fine. There is no appeal to an elected officer or a court, unless the homeowner hires a lawyer to file a lawsuit against the County. The changes are in Marin County Administrative Code sections 1.07.010 - 1.07.150.

San Geronimo Valley Stewards thank all of you who wrote emails to county officials objecting to the excessive penalties and unfair process. We are disappointed our local District 4 Supervisor Dennis Rodoni on March 15 would not consider an exception for the proposed new San Geronimo stream ordinance.

In late spring 2022, the new stream ordinance will come before the Board of Supervisors. Stewards have requested that the first two years of the stream conservation program should be devoted to education of homeowners, clarification of the new rules, hands-on workshops with County staff, and generous time periods for compliance. Enforcement and fines should be gradually phased in.

The Planning Commission approved the stream ordinance, after two long hearings, which revealed confusion and flaws in the conservation program. Some changes requested by SG Valley Stewards were adopted by the Planning Commission. County staff has not yet provided us with the revisions.

We thank you for your support and participation in local government actions that impact homes in our beautiful valley. San Geronimo Valley Stewards is an all-volunteer California non-profit. We have no employees and we do not spend your tax dollars.

Dear Valley Families,

Please send your emails by this Sunday March 13, objecting to the Board of Supervisors vote allowing the County to impose $500 per day fines for Code violations related to your property.

Please send your emails to these addresses:
BOS@marincounty.org
JBrady@marincounty.org
TLai@marincounty.org

Your objections may persuade Supervisors to VOTE NO on this proposal Tuesday March 15.

What is Proposed?
County administrators could levy $500 per day fines for any violation of a County regulation related to your real property. There would be no prior court hearing and no oversight by elected officials. County administrators would have sole discretion to determine the violation and set the amount of fine. If the homeowner objects, the homeowner must hire a lawyer and file a lawsuit against the County. Meanwhile, the $500 fine accrues each day the homeowner continues in violation.

San Geronimo Valley Stewards Request Supervisors VOTE NO on this proposal.

---$500 per day is excessive, and there is no timely remedy for the aggrieved homeowner.
---Complaints will create feuds of neighbors against neighbors.
---Excessive discretionary fines will reduce voluntary compliance.
---Homeowners cannot be expected to know all the regulations in 1500 pages of County codes.
---People will file lawsuits to set aside the fines as violations of due process.

For San Geronimo Valley, any fines under the proposed Stream Conservation Area Ordinance should be gradually phased in over 5 years, and should not exceed $50 per day.

Do Not Approve Excessive Fines for Common Code Violations.

County Counsel described examples of real property violations that could trigger a $500 fine:
--your roof gutters discharge stormwater, or
--you build a fence higher than 6 feet, or
--you cut a tree without a permit.

In response to objections from San Geronimo Valley Stewards, County Counsel assured the Supervisors that fines "would be used sparingly". In other words: "Trust us. We're from the government."

$500 Per Day Fines Target San Geronimo Valley Homeowners.

About 900 families in San Geronimo Valley live in homes near creeks, and will be burdened with the new Stream Conservation Area Ordinance. The County Planning Commission approved the SCAO in 2021, and the Board of Supervisors may hear it in late spring 2022.

The SCA Ordinance is a trap for the unwary. Even a small simple home improvement project will require an expert inspection of your home site, strict size limits and set backs, and expensive construction methods.

The SCA Ordinance and regulations total 48 pages of details controlling every home improvement and landscape project within 200 feet on both sides of any creek. It is not limited to fish-bearing streams, but also applies to land located near ephemerals, which drain water only when it rains.

County administrators would have personal discretion to order $500 per day fines. Can you afford the risk of contesting the County administrator, knowing he can slap you with this penalty? You would have no remedy except an expensive lawsuit.

San Geronimo Stream Conservation Program is a Unique Experiment.

San Geronimo Valley homeowners are the lab rats in the County's experiment of a comprehensive stream conservation program. It is required by court orders in lawsuits filed by SPAWN (Turtle Island), a private corporation that purports to save salmon.

The County admits it does not know if the SCA program will actually increase salmon numbers or survival rate. If the experiment does not work, should we be fined $500 each day?

The SCA Ordinance applies only to the San Geronimo Valley--not any other area of Marin County.

Stream Conservation Success Depends on Homeowners' Voluntary Compliance, Not Excessive Fines.

Homeowner voluntary compliance is essential for the stream experiment to generate meaningful results. Voluntary compliance will come only if residents believe the stream program is clear, affordable, simple and enforceable.

Without wide-spread community support, the SCA Ordinance will depend on complaints filed neighbor against neighbor. Excessive fines are really bad governance.

Any Fines Under the San Geronimo Stream Ordinance Should Be Affordable and Gradually Phased In.

$500 is a lot of money for a family in San Geronimo. We should not be placed at risk of an administrator's discretionary enforcement, under a new, confusing, and detailed stream ordinance.

For the first 2 years of the San Geronimo SCA Ordinance, the administrative fines should be waived or deferred. During the next 3 years, each fine should not exceed $50 per day.

After the 5th year, the SCA Ordinance should automatically sunset, and be of no effect, unless the Board of Supervisors votes to amend it and apply it for the entire County.

What can you do? Please send your emails today.
Stop this abuse of our property rights and due process!

Dear San Geronimo Valley Stewards, Friends, and Homeowners,

Marin County Planning Commission will hold its meeting on the new stream ordinance Dec. 13, 2021 Monday at 1 pm. The new stream rules will impact all homes and improvements located within 100 feet of any stream in San Geronimo Valley (not the rest of Marin). The Commission will likely vote to approve the ordinance. Stewards asked for some changes they may consider.

You can participate by Zoom on your computer, or by telephone.

By computer:
If you have not already installed zoom app, go to www.zoom.us/join.
Meeting ID is 878 0117 8611
Password is 299372
Use the "Raise Hand" button if you want to speak.

By telephone:
Dial 669-219-2599 or 253-215-8782
Meeting ID is 878 0117 8611 #
Attendee ID is #
Password is 299372 #
If you want to speak, press *9.
Then press *6 to unmute your mic.

Each person speaking is limited to 3 minutes.

The meeting agenda, with attached copies of stream ordinance and other documents, can be found at this LINK:
Planning Commission Hearings - Community Development Agency – County of Marin marincounty.org

Please email your comments and requests for changes by Wednesday Dec. 8 to planningcommission@marincounty.org and to our Supervisor: DRodoni@marincounty.org

The Planning Commission meeting will be on Zoom at 1 pm Monday December 13. Zoom meeting ID and password will be posted on marincounty.org website.

San Geronimo Valley Stewards have stated our concerns about costs and delays for homeowners.
• Over $3800 was the estimate County staff gave on November 8 for a building permit and stream site plan review to add 500 square feet of floor area or impervious surface such as a driveway. Marin County should subsidize these costs.
• Can a small accessory dwelling unit be built close to a stream?
• The rules about ADU's are confusing and contradictory.
• The County should not require septic inspection as condition to a stream site plan, unless the owner proposes a project to repair or replace his septic.
• Fire prevention and vegetation management recommended by fire agencies should be allowed without site plan review.
• The County should simplify access to the stream map so people can find their homesites. The County should determine how many homes in San Geronimo Valley are located within the stream area.
• The County should publish a report each year on the number of home projects impacted by the rules, and whether the rules result in measurable improvement in fish habitat.

The new SCA Ordinance and Resolution can be found at this LINK: www.marincounty.org/-/media/files/departments/cd/planning/sca/san-geronimo-valley/pc_resolution

A complete set of new rules, including Standard Management Practices and Preparation of Site Assessments, can be found at: marincounty.org, search for SCA Ordinance project webpage

Let your voice be heard! Send your email today!

Marin County Planning Commission will hold a public workshop by ZOOM on the new stream rules proposed for San Geronimo Valley. You can read the official proposal at www.marincounty.org/sca.

Please read the "Summary of New Stream Rules for Homeowners" on website www.sgvstewards.com. The new rules will prohibit certain land uses and impose costly requirements for home improvements on all parcels located fully or partially within the Stream Conservation Area. The SCA extends for 100 feet on both sides of any seasonal or perennial watercourse and may apply to ephemerals that carry water only when it rains. The new rules will apply to about 900 homes in San Geronimo Valley, but not to any other properties in Marin County.

The Zoom meeting will begin at 1 pm. The public cannot attend in person.

You can join by computer or mobile device.
Visit: www.zoom.us/join
Meeting ID: 885 0116 9789
Password: 296866
Click "Raise Hand" button to tell moderator you want to make a comment.

You can listen by telephone:
Dial: +1 669 219 2599
or +1 253 215 8782
Meeting ID: 885 0116 9789
Password: 296866
Press *9 to tell moderator you want to make a comment.

Public testimony is limited to 3 minutes per person.
A public speaker cannot allocate his time to another speaker.

You may ask to speak at the 1 pm start of the meeting during the "Open Time for Public Comment"
Or, the Commission may request that all public comments be made after the County staff presentation and after the Commissioners have asked their questions.

People are encouraged to send written comments or questions BEFORE 9 am Thursday Nov. 4, by email to planningcommission@marincounty.org. Written comments are part of the public record, so you need not read them at the meeting.

On Monday December 13, 2021, the Planning Commission will have a second meeting about the new stream rules, and may vote at that time. The Marin County Board of Supervisors is scheduled to consider the stream rules March 8, 2022.

We offer this summary of how the new stream rules proposed by Marin County may effect your property and house. We believe the ordinance and exhibits will burden families with costs and delays for ordinary home maintenance and improvements. The rules are confusing and will require homeowners to consult lawyers and pay experts for common projects.

In San Geronimo Valley, 4200 people live in a forest surrounded by dry grassland. The new stream rules discourage sensible vegetation management, and do not require compliance with state law and local fire agencies regarding defensible space and fire prevention.

The SGV Stewards and supporters are not professional developers building new mansions. We are the 2,000 families who live in existing homes, many built decades ago, on small lots close to creeks.

The new stream rules apply to only the San Geronimo Valley. Marin County does not burden any other area with these new costs and delays.

INTRODUCTION

A. Where to read the new stream rules: This is a brief summary. You can read the exact language of the new rules by going to the Marin County website: www.marincounty.org/sca

Scroll down to "2021 SCA Ordinance Documents" Exhibit A is the Stream Conservation Area Ordinance (SCAO). Supporting Resource Materials include: Exhibit C on Site Assessment Exhibit D Standard Management Practices (SMP's)

B. Your comments are welcome: Please send your questions, objections, and recommendations to the public officials we list at the end of this email.

We hope you will participate in the Monday November 8 workshop for the community and the County Planning Commission. Watch your emails for exact time and details how to log onto the virtual meeting. The Planning Commission is scheduled to vote Monday December 13.

C. New Stream Rules: Do you want to: replace your wood deck, repair your roof shingles, or add 400 square feet to your home, or pave your dirt driveway, or build a tool shed, or install solar panels?

Read More

Here are the new dates for Marin County's consideration of the proposed Stream Conservation Area Ordinance:

Monday November 8: Workshop with Planning Commission and Community.
We will send exact time and directions for you to participate online, when notified by County staff.

Monday December 13: Planning Commission hearing on SCAO

February 2022: Date unknown, Planning Commission will vote to recommend SCAO to Board of Supervisors

Tuesday March 8, 2022: Board of Supervisors hearing on SCAO

San Geronimo Valley Stewards will be sending you a short homeowners summary of the proposed new stream rules, and directions on how to find your property parcel on the new stream map.

The period for open public comment runs from Sept 20, 2021 through March 8, 2022.

Marin County released a draft new Stream Conservation Area Ordinance (SCAO) on September 16,2021. The County may revise the draft and adopt the SCAO December 7, 2021.

 

 

If you are working with a contractor, architect, or tree professional, you may discuss whether the new regulations effect your project. Please note Exhibit D Standard Management Practices (SMP's) are mandatory for every project within the stream area.

 

SGVStewards is preparing and will send you a short homeowner summary explaining some important features. Watch for our next Constant Contact email.

 

Can we revise the ordinance to be "homeowner friendly"? The SCAO and SMP's must comply with court orders entered in SPAWN's lawsuits against Marin County.  Specific wording is required by the July 2019 Final Supplemental Environmental Impact Report (FSEIR). 

 

However, the Directors of SGValley Stewards recommend changes that would encourage voluntary compliance, reduce homeowners' time delay and expense, promote fire resilient forests, and limit disagreements and potential lawsuits. SGVStewards will communicate with County staff, Planning Commissioners, and Supervisors. We will send you the addresses of County officials so you can make your own public comments.

 

Please note:  The new stream regulations will apply only in San Geronimo Valley, which will be re-zoned as a special "combining district".

 

 

Below is the County release of the SCAO and regulations. You can click on the blue links to read and download.

• Proposed Development Code Amendments Exhibit A( 14 pages)  
This is the SCA Ordinance. 

Marin County Parks owns and manages about 2500 acres in San Geronimo Valley, including:  Giacomini Preserve, Roys Redwoods, White Hill, French Ranch Preserve  and Forest Knolls Park.

In 2012 Marin County Parks & Open Space District adopted a quarter-cent sales tax called "Measure A".  You have been paying .25 cents on every dollar of goods you buy, for the past 9 years.  The tax expires March 2022.

• • Do you agree with how Marin Parks uses your money?

• Should Measure A sales tax be extended for another 9 years until 2031?  Or another 20 years until 2042?

• What changes do you recommend?

• What are your priorities for spending money?

Please fill out the anonymous survey and click to send directly to Marin County Parks.

https://marincounty.jotform.com/jfparks/2021-community-survey

Please attend in person or on Zoom July 19 Tuesday at 1:30 pm. Marin Board of Supervisors will vote on the stream ordinance for San Geronimo Valley. Each person can speak for 2 minutes.

Meeting is at Civic Center in San Rafael. Take 101 North to exit for San Pedro Rd, Civic Center .
Zoom instructions: meeting ID 947 4251 8384, password 352533
You must install Zoom on your computer or smart phone. Hook up your microphone to listen and speak. Use the "raise hand" button to say you want to speak and they will call your name. 

San Geronimo Valley homeowners ask: Can we stop the stream ordinance demanded by SPAWN? Can we protect our homes? Will County officials listen to our concerns?

Actions you can take now:

1. By Wednesday July 13, send your personal emails to County 
DRodoni@marincounty.org BOS@marincounty.org TLai@marincounty.org KDrumm@marincounty.org

Subject line should refer to July 19 BOS meeting and San Geronimo Stream Ordinance.
 Ask all 5 Supervisors to vote NO on the stream ordinance.
Describe your home (but do not give your street address). How long have you lived in the Valley? What are your concerns about rules applied to your house? County officials will read specific complaints from individual homeowners, but pay less attention to standard form mass mailers.

2.  Tuesday July 19 attend Supervisors meeting on Zoom or in person.  Each person has the right to speak for 2 minutes. It is better to speak in person, if you have time to car pool to Civic Center. Find Zoom instructions at  https://www.marincounty.org/depts/bs/meeting-archive

3.  Visit San Geronimo Valley Stewards website and read the ordinance summary.  www.sgvstewards.com    

• On October 11, 2022 the stream rules will take effect and govern your property:
  • • All development will be restricted for 100 feet on both sides of any stream, including ephemeral flows that appear only during rain.  
  • • County will require $2,000 to $3,000 in permit fees and environmental reviews.
  • • You must pay an "impact fee" into a "habitat fund" that SPAWN could use for its projects.
  • • Expert reports will dictate how you replace your leaking roof or make normal home repairs.
  • • Repair and maintenance may not be allowed on old houses built before permits were required. 
  • • There is no clear exemption for building an ADU, handicap access ramp, solar panels, or EV charging station. 
  • • Rules against vegetation management and tree removal will increase wildfire risk, endanger evacuation routes, and lead to cancelled home fire insurance.
  • • Violations can be punished by $500 per day fines. 
  • • SPAWN could file public nuisance lawsuits against individual homeowners. 
  • • Stream restrictions will depreciate the value of your property for decades to come and your property may become unsaleable. 

  SGV Stewards request: Stream ordinance should expire in 5 years: 

The County's 2019 environmental report does not recommend SPAWN's new rules or say they will increase the salmon population. 900 San Geronimo families who live close to creeks will be the lab rats in SPAWN's experiment.  

• • County should publish reports twice each year on the numbers and types of project permits, and the gain or loss of habitat.
• • 5-year sunset: the new ordinance should expire in 2027, unless biannual reports demonstrate actual improvements in habitat and salmon populations. 
  

Send emails. Show up July 19. Tell your Supervisors to vote NO on stream ordinance. 

This article is submitted by Jim Barnes, a Director of San Geronimo Valley Stewards. Jim is a lifelong resident of San Geronimo Valley, with 30 years experience flying air tanker planes over fires in California and the western U.S.

On July 19, Marin Board of Supervisors will vote on the new stream ordinance for San Geronimo Valley. SPAWN demands the ordinance as settlement of its lawsuit to protect salmon. SPAWN rules would violate common sense management of our fire prone landscape and end in tragedy.

Please send your emails to County officials and ask them to vote NO on the stream ordinance.
DRodoni@marincounty.org
BOS@marincounty.org
TLai@marincounty.org
KDrumm@marincounty.org

Every stream ordinance should require property owners to create defensible pace around their homes. You and your neighbors have a common interest in protecting homes and people from forest fires, and protecting our beautiful forest from house fires.

Fire fighters know the only way to survive extreme burn periods is prepare in advance. Before the outbreak, clear your ground of ladder fuels such as grass, debris, leaf litter, small flammable shrubs, and crowded tree saplings. Create a shaded break by opening spaces between big trees. Remove fuel ladders that allow fire to jump from ground level to tree tops.

In contrast to the effective vegetation management prescribed by California fire authorities, the SPAWN ordinance doubles our fuel load. It requires all vegetation removed by a property owner to be replanted on the same parcel in a 2:1 ratio. It requires homeowners to retain all vegetation within 15 feet from top of bank, not remove more than 2 trees, preserve all riparian shrubs, and maintain at least 125 square feet of tree canopy within 35 feet of streams.

The SPAWN rules are similar to those in effect in the Lake Tahoe area, when it was swept by wildlfire in 2007. The Angorra fire destroyed 262 homes. The fire agencies' after action report faulted the local vegetation ordinance for its lack of defensible space and impediments to fire safety.

Trees and shrubs hydrated by creeks are susceptible to fire. The riparian zone has crowded stands of flammable bay trees and conifers and overgrown understory. The 1945 Paper Mill Creek fire started in the present location of Kent Dam, and burned to Mt. Tamalpais.

A fire that starts in San Geronimo will not stay here. Everyone in Marin will face the danger of airborne embers igniting flames one mile ahead of the main fire. Our most vulnerable period is the fall when hot desert winds reach our coastal hills. The hills are covered in native manzanita and chaparral that haven't burned for years.

For the salmon species in danger of extinction, extreme fire danger would be catastrophic. The products of combustion will sterilize the creeks and leave them devoid of aquatic life for an indefinite period. The world lost 20% of its redwood trees in last season's fires.

Marin fire agencies should be commended for encouraging property owners to clear trees and brush from escape routes and ignition triggers. Homeowners are trying to control vegetation so their insurance policies are not canceled. Marin Supervisors can help by not making it illegal to do so.

All of us should urge Supervisors to vote NO on the SPAWN stream ordinance. Don't give fire the final vote.

Marin County announced the new Stream Conservation Area Ordinance will take effect October 11, 2022. Planning Commission approved it June 13. Board of Supervisors will vote on July 19.  Consider October 11, 2022, if you are planning home improvements such as deck or driveway repair, new roof shingles, or removing flammable underbrush.

SG Valley Stewards urges homeowners to email objections before July 13, to Marin Board of Supervisors and Community Development Agency:  BOS@marincounty.org  DRodini@marincounty.orgTLai@marincounty.org  KDrumm@marincounty.org

On July 19, you can speak at the Supervisors meeting, either on Zoom or in person at Civic Center. The stream ordinance binds only the 900 families in San Geronimo Valley living in homes near streams. It does not apply to any other person or public agency in Marin County.

We offer below a summary of the proposed ordinance and comments of SG Valley Stewards.

Stream setbacks: No development allowed within buffer zone 35 feet of any stream. Development is restricted within 36 to 100 feet on both sides of every stream."Stream" includes main stem creeks, seasonal streams, and ephemeral rain flows.

"Development" includes:  Removing native vegetation; or grading or demolition; or repair and maintenance of any existing structure; or replacing or adding to any house, road, driveway, fence, deck or carport. 

"Maintenance and repair of existing permitted structures" is allowed within the 35 foot buffer zone and within the 100 foot area, but must meet Site Plan Review and be approved by Community Development Agency.

Requirements for Site Plan Review within the 36 - 100 foot stream setback:  

1. Lot coverage (additional impervious area) is limited to 300 square feet, cumulative for all development. Vertical additions do not count toward the 300 square foot limit--build up, not out.

2. County pays for Site Assessment by Marin Resource Conservation District, or you can pay a qualified professional.

3. You pay for inspection by County enforcement officer and must fix all past Code violations.

4. You must pay an "impact fee" into a Habitat Restoration Fund. SG Valley Stewards request impact fees be limited to $100 per parcel and the Funds can be spent only by government agencies to assist Valley residents make property improvements. Do not force homeowners to pay into a slush fund for SPAWN. 

5. If the project requires a building permit, CDA policy requires septic inspection and may require septic repair or replacement.

6. Site Plan must include a stormwater control plan, low impact construction, and Standard Management Practices (SMP's).

7. "No net loss of habitat"--any vegetation removed must be replanted in 2:1 ratio on your parcel. SG Valley Stewards object to the increased wildfire risk.

Homes outside the 100-foot stream area cannot create or replace roofs or driveways:  

Here are the requirements for every project (including those outside the stream area) that creates or replaces 500 square feet of lot coverage:

--roads and driveways hydrologically disconnected from streams,
--control of fine sediments,
--off-site retrofits,
--low impact development methods,
--stormwater control plan approved by a hydrology expert.

You can claim limited exemptions from site assessment:  

Removal of dead or invasive vegetation, but not below the top of stream bank.

Removal or trimming of pyrophytic (combustible) trees including tanoak, bay laurel or Douglas fir. However, removing any tree over 6 inches diameter requires a tree permit.

Planting non-pyrophytic native vegetation (Do ornamental garden plants require Site Assessment?)

Existing septic system repair, maintenance, and replacement.

Staff Interpretations of allowances and exemptions are not clearly stated:

SGValley Stewards request that all allowances and exemptions should be crystal clear and stated in plain language in the ordinance. 

In presentations to Planning Commission, CDA staff described some interpretations of the SCA Ordinance that may allow some allowances or exemptions.  Caution: These interpretations are not expressly stated in the SCA ordinance, and could be changed by future staff personnel, and could be overruled by strict enforcement practices. The homeowner risks $500 per day fines for each violation.

a.  300 SF addition is net of removals:  Your allowance for 300 SF additional lot coverage should be cumulative, after netting out impervious area you remove from the same parcel. Example: Remove 100 SF of old hot tub and deck, and add a 400 SF driveway.  (Question: Does the 2:1 vegetation ratio require you to plant 800 square feet of native shrubs to mitigate the 400 SF driveway?)

b.  Access for Disabled People:  Within the 35 foot buffer zone or the 36-100 foot stream setback, you should be allowed to install ramps and covered walkways necessary for disability access, without Site Plan Review. Disability access should not count toward your 300 SF maximum for lot coverage additions. The ordinance does not state this, but staff interprets it.

c.  Accessory Dwelling Units: California law now requires the County to allow a Category 1 ADU up to 800 square feet, even in an environmentally sensitive area. Staff interprets this to allow the ADU inside the 100 foot stream area, and not require Site Plan Review. However, the ordinance does not state this and does not say if the ADU counts toward your 300 SF allowance. Staff cautions that every ADU will require a building permit, and that your septic must satisfy current Code. Staff cautions the ADU cannot be built in "wetland", such as the 35-foot buffer zone close to a creek.

d.  Old Houses May Be "Legal Non-Conforming": 

The stream ordinance has allowances and exemptions only for "existing permitted structures." The ordinance should state allowances and exemptions also apply to "legal non-conforming structures" under Marin Development Code Chapter 22.112. Staff interpretations are confusing.

Many houses in San Geronimo were built following the 1906 earthquake, and through the 1950's, when Marin County did not require permits. A fire in San Rafael destroyed some pre-1960 County permit records. 

Old existing houses may qualify as "legal non-conforming structures" even if they do not conform to the current County Development Code. 

Staff interpretation is confusing:  You cannot add more non-conforming structures, but you should be able to repair and maintain the old legal non-conforming house. Does staff intend that any expansion of the old house requires the entire structure be brought up to current Code, including septic?  

Fire Defensible Space VERSUS Replanting Vegetation in 2:1 ratio: 

You will be fined $500 per day if you do not replant all native vegetation in 2:1 ratio. Homeowners are trapped between the stream and fire safety defensible space.

California law requires every forest residence to have 100 feet of defensible space, and to comply with local fire guidelines. Marin Wildfire Prevention Authority and FireSafeMarin inspect properties and require owners in San Geronimo to clear all brush and ladder up tree limbs. Many San Geronimo families are denied fire insurance, or suffer enormous rate increases.

Neither the Ordinance nor the Site Plan review require you or your neighbor to comply with fire guidelines. The stream ordinance does not strike a good balance between fire safety that preserves big trees in our old growth forest, versus thin saplings and native shrubs that add to fuel load.

Enforcement and Penalties 

SG Valley Stewards will request the Supervisors reduce punitive measures:

1. Do not harass families by investigating anonymous complaints.

2. Give homeowners a 2-year grace period to fix violations before imposing fines.

3. Reduce fines to $50 per day, down from $500 per day.

4. An impartial arbiter (not CDA staff) should determine contested violations or appeals. 

5. Do not create a private right organization to sue a homeowner for a stream violation as a "public nuisance". Shady lawyers could file public nuisance lawsuits and demand their fees as the price for settlement. If SPAWN or any enforcement action is needed, it should be by Marin County.

County Should Assist Property Owners to Correct Stream Map Errors.

Is your homesite located within a Stream Conservation Area? The ordinance defines the stream setback as solid or dashed blue lines on the official map located at this website: www.marinmap.org. Click "Main Map Viewer". Click "Hydrology"

Some San Geronimo residents have found errors in mapping their parcels. If the map erroneously shows your parcel inside the SCA, your property may suffer decades of depreciated value due to stream ordinance restrictions.

Only one California state official is authorized to request the United States government to correct the National Hydrology Dataset map. Marin County should assist San Geronimo homeowners to collect data on map errors, and ask the California official to make corrections with NHD. This is not a task for individual homeowners.  

Public Reports Twice Each Year.

The ordinance should require Marin County to make public reports twice each year. The ordinance is silent on reports. Reports should be published on the County website for all to read.

The stream program is an experiment imposed on 900 families in SG Valley. We need data to monitor success and failure. The reports should include numbers and types of stream assessments applied for, granted, or denied; complaints, fines and enforcement measures; gain or loss of impervious area and habitat; fees and costs paid by County and homeowners. We can then evaluate the stream program and the yearly fish counts published by Marin Municipal Water District.

The Stream Ordinance Should Sunset in 5 Years.

In year 2027, the stream ordinance should expire automatically, unless extended or amended by the Board of Supervisors.

Spawn demanded the ordinance as settlement of its 4th lawsuit against Marin County. The settlement goes far beyond the recommendations of the Final Supplemental Environmental Impact Report approved July 2019 (which was commissioned at the request of Spawn).

It is an uncontrolled experiment, using 900 San Geronimo families as lab rats. Unless there is measurable success in salmon populations, the ordinance should expire.

By 2027, we will have 10 biannual reports to measure success and failure. We should take a fresh look in 2027.

Marin County mailed you notice of the Planning Commission hearing on June 13 for a new stream ordinance in San Geronimo Valley. The Board of Supervisors will vote July 19.

What the County notice did not tell you: The new stream rules were written by SPAWN (Turtle Island) and Center for Biological Diversity, as settlement of their 4th lawsuit against Marin taxpayers.

The new stream rules bind the 900 San Geronimo families whose homes are located close to creeks. The rules would not effect any other part of Marin County, nor the 60,000 acres of fish habitat owned by federal, state, and local governments west of Lagunitas.

We encourage you to email County officials at the addresses below and voice your objections and concerns.

This is a partial summary of the new stream rules for Valley homes:

1. 35-foot no development zone. You cannot install any impervious surface (deck, carport, etc), or plant a garden, or install a fence within 35 feet of a stream.

2. 100-foot allowed uses zone. The 100 feet on both sides of any stream cannot be improved or developed except for "allowed uses" of up to 300 square feet impervious area. The 300 SF is cumulative, as an eternal maximum for each parcel.

3. Every major creek, seasonal stream, or ephemeral rain flow is a "stream" with 35-foot and 100-foot zones on both sides.

4. Habitat must be replaced on 2:1 ratio. For example, if you build a 300 square foot deck, you must remove 600 feet of gravel driveway. For your 20 square foot tomato garden, there must be a 40 square feet of "complete replacement of habitat equivalent" shrubs. Home space will decrease and wildfire risk will increase.
The 2:1 ratio of re-planting habitat vegetation does not comply with FireSafeMarin guidelines orr California Natural Resources Code section 4291 on defensible space.

5. Excessive Costs and Punitive Enforcement.
The County will charge an "impact fee" for any project within the 100 foot zone. The fee will go into a "Habitat Fund" which Spawn could use.
You must pay a County officer to inspect your property and enforce any past violations, before you are allowed to develop a new project within the 100-foot zone. In addition, you must pay building permit fees, septic inspection, or other project costs.
$500 per day fine is imposed for any future or past violations. The $500 runs each day until the mitigation remedy is inspected and approved.
The SPAWN settlement encourages a network of informants, who can make anonymous complaints. The County will have a "hotline" open 24 hours, 7days a week for complaints.
Every violation of the stream ordinance is a "public nuisance". The informant could file a lawsuit and collect his attorneys fees from the homeowner.

6. Increased Wildfire Risk.
The new regulations do not require you or your neighbor to obey the guidelines published on www.FireSafeMarin.org or the defensible space rules of Marin Wildfire Prevention Authority. Any underbrush or trees removed or trimmed within the 100 foot zone, must be replaced in a 2:1 ratio, with new similar vegetation on the same home parcel.

What Can You Do?
You can visit the Marin County website links in your mailed notice.

Marin Community Development Agency will publish Friday May 27 a staff report. Look for a redraft showing changes from the ordinance approved by Planning Commission Dec. 13, 2021, which was more tolerable for family homes.

Make Your Voice Heard
You can participate by ZOOM in the June13 Planning Commission meeting. Each person gets 3 minutes for public comment. Follow the Planning Commission website for Zoom instructions.

You can participate in the July 19 Board of Supervisors meeting, by Zoom or attend in person. Each person gets 2 minutes to speak.

Send Emails to County officials
Planning Commission: planningcommission@marincounty.org
Supervisor Dennis Rodoni: DRodoni@marincounty.org
Aide to Suprvr Rodoni: RKutter@marincounty.org
Board of Supervisors: BOS@marincounty.org
Community Development Agency:
TLai@marincounty.org
JTejirian@marincounty.org
JLiebster@marincounty.org
KDrumm@marincounty.org

 

Visit www.sgvstewards.com for updates.
Subscribe to SGValley Stewards Constant Contact emails, we will send you information as it develops.
Click here to join our mailing list.

On March 15, 2022, County Supervisors voted unanimously to charge families $500 per day for violations of any County Code that relates to their real property. If a homeowner objects, the County hearing officer, in his sole discretion, determines the violation and amount of fine. There is no appeal to an elected officer or a court, unless the homeowner hires a lawyer to file a lawsuit against the County. The changes are in Marin County Administrative Code sections 1.07.010 - 1.07.150.

San Geronimo Valley Stewards thank all of you who wrote emails to county officials objecting to the excessive penalties and unfair process. We are disappointed our local District 4 Supervisor Dennis Rodoni on March 15 would not consider an exception for the proposed new San Geronimo stream ordinance.

In late spring 2022, the new stream ordinance will come before the Board of Supervisors. Stewards have requested that the first two years of the stream conservation program should be devoted to education of homeowners, clarification of the new rules, hands-on workshops with County staff, and generous time periods for compliance. Enforcement and fines should be gradually phased in.

The Planning Commission approved the stream ordinance, after two long hearings, which revealed confusion and flaws in the conservation program. Some changes requested by SG Valley Stewards were adopted by the Planning Commission. County staff has not yet provided us with the revisions.

We thank you for your support and participation in local government actions that impact homes in our beautiful valley. San Geronimo Valley Stewards is an all-volunteer California non-profit. We have no employees and we do not spend your tax dollars.

Dear Valley Families,

Please send your emails by this Sunday March 13, objecting to the Board of Supervisors vote allowing the County to impose $500 per day fines for Code violations related to your property.

Please send your emails to these addresses:
BOS@marincounty.org
JBrady@marincounty.org
TLai@marincounty.org

Your objections may persuade Supervisors to VOTE NO on this proposal Tuesday March 15.

What is Proposed?
County administrators could levy $500 per day fines for any violation of a County regulation related to your real property. There would be no prior court hearing and no oversight by elected officials. County administrators would have sole discretion to determine the violation and set the amount of fine. If the homeowner objects, the homeowner must hire a lawyer and file a lawsuit against the County. Meanwhile, the $500 fine accrues each day the homeowner continues in violation.

San Geronimo Valley Stewards Request Supervisors VOTE NO on this proposal.

---$500 per day is excessive, and there is no timely remedy for the aggrieved homeowner.
---Complaints will create feuds of neighbors against neighbors.
---Excessive discretionary fines will reduce voluntary compliance.
---Homeowners cannot be expected to know all the regulations in 1500 pages of County codes.
---People will file lawsuits to set aside the fines as violations of due process.

For San Geronimo Valley, any fines under the proposed Stream Conservation Area Ordinance should be gradually phased in over 5 years, and should not exceed $50 per day.

Do Not Approve Excessive Fines for Common Code Violations.

County Counsel described examples of real property violations that could trigger a $500 fine:
--your roof gutters discharge stormwater, or
--you build a fence higher than 6 feet, or
--you cut a tree without a permit.

In response to objections from San Geronimo Valley Stewards, County Counsel assured the Supervisors that fines "would be used sparingly". In other words: "Trust us. We're from the government."

$500 Per Day Fines Target San Geronimo Valley Homeowners.

About 900 families in San Geronimo Valley live in homes near creeks, and will be burdened with the new Stream Conservation Area Ordinance. The County Planning Commission approved the SCAO in 2021, and the Board of Supervisors may hear it in late spring 2022.

The SCA Ordinance is a trap for the unwary. Even a small simple home improvement project will require an expert inspection of your home site, strict size limits and set backs, and expensive construction methods.

The SCA Ordinance and regulations total 48 pages of details controlling every home improvement and landscape project within 200 feet on both sides of any creek. It is not limited to fish-bearing streams, but also applies to land located near ephemerals, which drain water only when it rains.

County administrators would have personal discretion to order $500 per day fines. Can you afford the risk of contesting the County administrator, knowing he can slap you with this penalty? You would have no remedy except an expensive lawsuit.

San Geronimo Stream Conservation Program is a Unique Experiment.

San Geronimo Valley homeowners are the lab rats in the County's experiment of a comprehensive stream conservation program. It is required by court orders in lawsuits filed by SPAWN (Turtle Island), a private corporation that purports to save salmon.

The County admits it does not know if the SCA program will actually increase salmon numbers or survival rate. If the experiment does not work, should we be fined $500 each day?

The SCA Ordinance applies only to the San Geronimo Valley--not any other area of Marin County.

Stream Conservation Success Depends on Homeowners' Voluntary Compliance, Not Excessive Fines.

Homeowner voluntary compliance is essential for the stream experiment to generate meaningful results. Voluntary compliance will come only if residents believe the stream program is clear, affordable, simple and enforceable.

Without wide-spread community support, the SCA Ordinance will depend on complaints filed neighbor against neighbor. Excessive fines are really bad governance.

Any Fines Under the San Geronimo Stream Ordinance Should Be Affordable and Gradually Phased In.

$500 is a lot of money for a family in San Geronimo. We should not be placed at risk of an administrator's discretionary enforcement, under a new, confusing, and detailed stream ordinance.

For the first 2 years of the San Geronimo SCA Ordinance, the administrative fines should be waived or deferred. During the next 3 years, each fine should not exceed $50 per day.

After the 5th year, the SCA Ordinance should automatically sunset, and be of no effect, unless the Board of Supervisors votes to amend it and apply it for the entire County.

What can you do? Please send your emails today.
Stop this abuse of our property rights and due process!

Dear San Geronimo Valley Stewards, Friends, and Homeowners,

Marin County Planning Commission will hold its meeting on the new stream ordinance Dec. 13, 2021 Monday at 1 pm. The new stream rules will impact all homes and improvements located within 100 feet of any stream in San Geronimo Valley (not the rest of Marin). The Commission will likely vote to approve the ordinance. Stewards asked for some changes they may consider.

You can participate by Zoom on your computer, or by telephone.

By computer:
If you have not already installed zoom app, go to www.zoom.us/join.
Meeting ID is 878 0117 8611
Password is 299372
Use the "Raise Hand" button if you want to speak.

By telephone:
Dial 669-219-2599 or 253-215-8782
Meeting ID is 878 0117 8611 #
Attendee ID is #
Password is 299372 #
If you want to speak, press *9.
Then press *6 to unmute your mic.

Each person speaking is limited to 3 minutes.

The meeting agenda, with attached copies of stream ordinance and other documents, can be found at this LINK:
Planning Commission Hearings - Community Development Agency – County of Marin marincounty.org

Please email your comments and requests for changes by Wednesday Dec. 8 to planningcommission@marincounty.org and to our Supervisor: DRodoni@marincounty.org

The Planning Commission meeting will be on Zoom at 1 pm Monday December 13. Zoom meeting ID and password will be posted on marincounty.org website.

San Geronimo Valley Stewards have stated our concerns about costs and delays for homeowners.
• Over $3800 was the estimate County staff gave on November 8 for a building permit and stream site plan review to add 500 square feet of floor area or impervious surface such as a driveway. Marin County should subsidize these costs.
• Can a small accessory dwelling unit be built close to a stream?
• The rules about ADU's are confusing and contradictory.
• The County should not require septic inspection as condition to a stream site plan, unless the owner proposes a project to repair or replace his septic.
• Fire prevention and vegetation management recommended by fire agencies should be allowed without site plan review.
• The County should simplify access to the stream map so people can find their homesites. The County should determine how many homes in San Geronimo Valley are located within the stream area.
• The County should publish a report each year on the number of home projects impacted by the rules, and whether the rules result in measurable improvement in fish habitat.

The new SCA Ordinance and Resolution can be found at this LINK: www.marincounty.org/-/media/files/departments/cd/planning/sca/san-geronimo-valley/pc_resolution

A complete set of new rules, including Standard Management Practices and Preparation of Site Assessments, can be found at: marincounty.org, search for SCA Ordinance project webpage

Let your voice be heard! Send your email today!

Marin County Planning Commission will hold a public workshop by ZOOM on the new stream rules proposed for San Geronimo Valley. You can read the official proposal at www.marincounty.org/sca.

Please read the "Summary of New Stream Rules for Homeowners" on website www.sgvstewards.com. The new rules will prohibit certain land uses and impose costly requirements for home improvements on all parcels located fully or partially within the Stream Conservation Area. The SCA extends for 100 feet on both sides of any seasonal or perennial watercourse and may apply to ephemerals that carry water only when it rains. The new rules will apply to about 900 homes in San Geronimo Valley, but not to any other properties in Marin County.

The Zoom meeting will begin at 1 pm. The public cannot attend in person.

You can join by computer or mobile device.
Visit: www.zoom.us/join
Meeting ID: 885 0116 9789
Password: 296866
Click "Raise Hand" button to tell moderator you want to make a comment.

You can listen by telephone:
Dial: +1 669 219 2599
or +1 253 215 8782
Meeting ID: 885 0116 9789
Password: 296866
Press *9 to tell moderator you want to make a comment.

Public testimony is limited to 3 minutes per person.
A public speaker cannot allocate his time to another speaker.

You may ask to speak at the 1 pm start of the meeting during the "Open Time for Public Comment"
Or, the Commission may request that all public comments be made after the County staff presentation and after the Commissioners have asked their questions.

People are encouraged to send written comments or questions BEFORE 9 am Thursday Nov. 4, by email to planningcommission@marincounty.org. Written comments are part of the public record, so you need not read them at the meeting.

On Monday December 13, 2021, the Planning Commission will have a second meeting about the new stream rules, and may vote at that time. The Marin County Board of Supervisors is scheduled to consider the stream rules March 8, 2022.

We offer this summary of how the new stream rules proposed by Marin County may effect your property and house. We believe the ordinance and exhibits will burden families with costs and delays for ordinary home maintenance and improvements. The rules are confusing and will require homeowners to consult lawyers and pay experts for common projects.

In San Geronimo Valley, 4200 people live in a forest surrounded by dry grassland. The new stream rules discourage sensible vegetation management, and do not require compliance with state law and local fire agencies regarding defensible space and fire prevention.

The SGV Stewards and supporters are not professional developers building new mansions. We are the 2,000 families who live in existing homes, many built decades ago, on small lots close to creeks.

The new stream rules apply to only the San Geronimo Valley. Marin County does not burden any other area with these new costs and delays.

INTRODUCTION

A. Where to read the new stream rules: This is a brief summary. You can read the exact language of the new rules by going to the Marin County website: www.marincounty.org/sca

Scroll down to "2021 SCA Ordinance Documents" Exhibit A is the Stream Conservation Area Ordinance (SCAO). Supporting Resource Materials include: Exhibit C on Site Assessment Exhibit D Standard Management Practices (SMP's)

B. Your comments are welcome: Please send your questions, objections, and recommendations to the public officials we list at the end of this email.

We hope you will participate in the Monday November 8 workshop for the community and the County Planning Commission. Watch your emails for exact time and details how to log onto the virtual meeting. The Planning Commission is scheduled to vote Monday December 13.

C. New Stream Rules: Do you want to: replace your wood deck, repair your roof shingles, or add 400 square feet to your home, or pave your dirt driveway, or build a tool shed, or install solar panels?

Read More

Here are the new dates for Marin County's consideration of the proposed Stream Conservation Area Ordinance:

Monday November 8: Workshop with Planning Commission and Community.
We will send exact time and directions for you to participate online, when notified by County staff.

Monday December 13: Planning Commission hearing on SCAO

February 2022: Date unknown, Planning Commission will vote to recommend SCAO to Board of Supervisors

Tuesday March 8, 2022: Board of Supervisors hearing on SCAO

San Geronimo Valley Stewards will be sending you a short homeowners summary of the proposed new stream rules, and directions on how to find your property parcel on the new stream map.

The period for open public comment runs from Sept 20, 2021 through March 8, 2022.

Marin County released a draft new Stream Conservation Area Ordinance (SCAO) on September 16,2021. The County may revise the draft and adopt the SCAO December 7, 2021.

 

 

If you are working with a contractor, architect, or tree professional, you may discuss whether the new regulations effect your project. Please note Exhibit D Standard Management Practices (SMP's) are mandatory for every project within the stream area.

 

SGVStewards is preparing and will send you a short homeowner summary explaining some important features. Watch for our next Constant Contact email.

 

Can we revise the ordinance to be "homeowner friendly"? The SCAO and SMP's must comply with court orders entered in SPAWN's lawsuits against Marin County.  Specific wording is required by the July 2019 Final Supplemental Environmental Impact Report (FSEIR). 

 

However, the Directors of SGValley Stewards recommend changes that would encourage voluntary compliance, reduce homeowners' time delay and expense, promote fire resilient forests, and limit disagreements and potential lawsuits. SGVStewards will communicate with County staff, Planning Commissioners, and Supervisors. We will send you the addresses of County officials so you can make your own public comments.

 

Please note:  The new stream regulations will apply only in San Geronimo Valley, which will be re-zoned as a special "combining district".

 

 

Below is the County release of the SCAO and regulations. You can click on the blue links to read and download.

• Proposed Development Code Amendments Exhibit A( 14 pages)  
This is the SCA Ordinance. 

Marin County Parks owns and manages about 2500 acres in San Geronimo Valley, including:  Giacomini Preserve, Roys Redwoods, White Hill, French Ranch Preserve  and Forest Knolls Park.

In 2012 Marin County Parks & Open Space District adopted a quarter-cent sales tax called "Measure A".  You have been paying .25 cents on every dollar of goods you buy, for the past 9 years.  The tax expires March 2022.

• • Do you agree with how Marin Parks uses your money?

• Should Measure A sales tax be extended for another 9 years until 2031?  Or another 20 years until 2042?

• What changes do you recommend?

• What are your priorities for spending money?

Please fill out the anonymous survey and click to send directly to Marin County Parks.

https://marincounty.jotform.com/jfparks/2021-community-survey