Marin County is violating environmental protections on the Dipsea Ranch proposed development, an environmentally significant property in the same watershed as Mount Tamalpais State Park and Muir Woods National Monument. The development threatens wildlife, habitat and public safety.
In 1992, the Tamalpais Community Plan singled out open space protection of the 8.29 acre Dipsea Ranch. The property is bounded by 1500 feet of significant headwater creeks. It is connected to Mount Tamalpais State Park through an undeveloped parcel owned by the same developer, and it is entirely in the Wildland Urban Interface (WUI). This property is in a United Nations internationally recognized biodiversity hotspot of wildlife habitat, containing endangered Coho Salmon, Red Legged Frogs, Northern Spotted Owls and a multitude of other species.
Salmon habitat recovery has been a priority focus of multiple public land and wildlife agencies. NOAA National Marine Fisheries Service, and California Fish and Wildlife have spent hundreds of millions of tax-dollars creating recovery plans, guidelines and projects for Central Coast Coho and Steelhead, including the multi-million-dollar restoration at Muir Beach and in Muir Woods National Monument, directly downstream of this property.
150 nearby community members, the “Friends of Muir Woods Park,” Watershed Alliance of Marin and Sierra Club Marin Group have appealed the Planning Commission’s approval of a Mitigated Negative Declaration and Tentative Map Subdivision (dated July 27, 2020). This approval was based in part on unexplainable, glaring errors by the developer in his favor regarding and without consideration of the significant environmental impacts that should be analyzed by an Environmental Impact Report (EIR) as required by the California Environmental Quality Act (CEQA).
On October 6, 2020, there will be an appeal hearing before the Board of Supervisors on this item. The issues:
● Improper land management: Masses of Invasive plants and black acacia trees, improper clearing on steep hillsides, erosion issues, and illegal road and trail building in protected watercourses
● Previously unpermitted work: An un-engineered, unpermitted road berm built on the property in in 2014 of 1200 cubic yards of unknown fill dirt onsite, above a stream in a wetland area. Sediment flows to Redwood Creek downstream put coho salmon at risk.
● Zoning: Countywide Plan specifies a single house on this property. The development proposes a “Subdivision” for three lots with the potential to build out four monumental homes with ADU’s, Junior ADU’s, septic systems and out buildings. Dividing the property goes against the County’s effort to consolidate lots owned by a single owner.
● Property Constraints: 11 identified landslides, required stream and wetland conservation area setbacks, impacts to wildlife corridors in riparian areas, adverse impact to wildlife habitat and downhill properties, species survival as stated in the State and Federal wildlife recovery plans.
● Failure of proper notice: Violation of several points required for proper notification for an administrative public hearing under State Laws and Marin County Codes.
● A 2014 county memorandum shows that no environmental review of the unpermitted road occurred and it was quietly grandfathered into the development to the present, resulting in years of harm to the property’s wetland and creeks. It also sets precedent that building something illegally is okay if it’s part of a larger project:
“The property owner indicated that he would be submitting a subdivision
application. Rather than processing a grading permit where possibly a larger
scope of work was planned, or even so as to legalize the grading permit violation
until a subdivision application was approved or denied, with the provision that the
subject grading violation would not be deemed to be “vested.” The non-permitted
grading work will be made part of the Dipsea Ranch Subdivision Application
environmental review Record and consideration.” County staff memorandum, 2014.
The hydrology report prepared by county planners and the developer downgraded the property’s streams without an objective third party hydrogeologist analysis or adherence to National Wetlands Inventory designations. Downgrading creek status removes important stream conservation area (SCA) protections and failed in following the “Watershed Approach” of protecting streams throughout the County.
The Sierra Club Marin Group and Watershed Alliance of Marin have asked for an Environmental Impact Report that would clearly and scientifically provide protections based on facts, not speculation and assumptions. Community members in “Friends of Muir Woods Park” also want the illegal roadwork removed and prevention of further subdivision and development.
Environmental organizations and the community support District Attorney Lori Frugoli’s request for hiring an Environmental Investigator, as other counties have done, to provide the County with the tools it needs for successful governing and enforcement of environmental laws. The enforcement of County, State and Federal laws are at stake. It is imperative that the District Attorney consider these matters.
In 1992, the Tamalpais Community Plan singled out open space protection of the 8.29 acre Dipsea Ranch. The property is bounded by 1500 feet of significant headwater creeks. It is connected to Mount Tamalpais State Park through an undeveloped parcel owned by the same developer, and it is entirely in the Wildland Urban Interface (WUI). This property is in a United Nations internationally recognized biodiversity hotspot of wildlife habitat, containing endangered Coho Salmon, Red Legged Frogs, Northern Spotted Owls and a multitude of other species.
Salmon habitat recovery has been a priority focus of multiple public land and wildlife agencies. NOAA National Marine Fisheries Service, and California Fish and Wildlife have spent hundreds of millions of tax-dollars creating recovery plans, guidelines and projects for Central Coast Coho and Steelhead, including the multi-million-dollar restoration at Muir Beach and in Muir Woods National Monument, directly downstream of this property.
150 nearby community members, the “Friends of Muir Woods Park,” Watershed Alliance of Marin and Sierra Club Marin Group have appealed the Planning Commission’s approval of a Mitigated Negative Declaration and Tentative Map Subdivision (dated July 27, 2020). This approval was based in part on unexplainable, glaring errors by the developer in his favor regarding and without consideration of the significant environmental impacts that should be analyzed by an Environmental Impact Report (EIR) as required by the California Environmental Quality Act (CEQA).
On October 6, 2020, there will be an appeal hearing before the Board of Supervisors on this item. The issues:
● Improper land management: Masses of Invasive plants and black acacia trees, improper clearing on steep hillsides, erosion issues, and illegal road and trail building in protected watercourses
● Previously unpermitted work: An un-engineered, unpermitted road berm built on the property in in 2014 of 1200 cubic yards of unknown fill dirt onsite, above a stream in a wetland area. Sediment flows to Redwood Creek downstream put coho salmon at risk.
● Zoning: Countywide Plan specifies a single house on this property. The development proposes a “Subdivision” for three lots with the potential to build out four monumental homes with ADU’s, Junior ADU’s, septic systems and out buildings. Dividing the property goes against the County’s effort to consolidate lots owned by a single owner.
● Property Constraints: 11 identified landslides, required stream and wetland conservation area setbacks, impacts to wildlife corridors in riparian areas, adverse impact to wildlife habitat and downhill properties, species survival as stated in the State and Federal wildlife recovery plans.
● Failure of proper notice: Violation of several points required for proper notification for an administrative public hearing under State Laws and Marin County Codes.
● A 2014 county memorandum shows that no environmental review of the unpermitted road occurred and it was quietly grandfathered into the development to the present, resulting in years of harm to the property’s wetland and creeks. It also sets precedent that building something illegally is okay if it’s part of a larger project:
“The property owner indicated that he would be submitting a subdivision
application. Rather than processing a grading permit where possibly a larger
scope of work was planned, or even so as to legalize the grading permit violation
until a subdivision application was approved or denied, with the provision that the
subject grading violation would not be deemed to be “vested.” The non-permitted
grading work will be made part of the Dipsea Ranch Subdivision Application
environmental review Record and consideration.” County staff memorandum, 2014.
The hydrology report prepared by county planners and the developer downgraded the property’s streams without an objective third party hydrogeologist analysis or adherence to National Wetlands Inventory designations. Downgrading creek status removes important stream conservation area (SCA) protections and failed in following the “Watershed Approach” of protecting streams throughout the County.
The Sierra Club Marin Group and Watershed Alliance of Marin have asked for an Environmental Impact Report that would clearly and scientifically provide protections based on facts, not speculation and assumptions. Community members in “Friends of Muir Woods Park” also want the illegal roadwork removed and prevention of further subdivision and development.
Environmental organizations and the community support District Attorney Lori Frugoli’s request for hiring an Environmental Investigator, as other counties have done, to provide the County with the tools it needs for successful governing and enforcement of environmental laws. The enforcement of County, State and Federal laws are at stake. It is imperative that the District Attorney consider these matters.
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