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Wetlands Conservation ALREADY EXISTS in Santa Venetia

Roger's comment:- As runoff is probably the key objection to development streamside, then clearly Santa Venetia does not apply. As any runoff goes to the street (levies blocking it from the creek) and is pumped from there INTO THE CREEK !

and Francis' comment:- USA 5th Amendment
"No person shall be. . .deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation."

Al Scotch:- Where are the studies that prove Wetlands are Conserved by this kind of legislation? (See "Paradox" below)

As Design Review is already pretty stringent and runoff does not apply in Santa Venetia where a levee protects any wetlands from development, this legislation will do little to change anything beyond the levee which is already protected by multiple agencies Army Corps, Marin Cons. ...others...

Did anyone at the workshop point out the paradox of this law that
applies even for non-levee'd lots? Regardless, can we have the questions and answers posted on the website please.
<http://www.co.marin.ca.us/depts/CD/main/comdev/CURRENT/stream.cfm>

It was not made clear in ANY public notification that the
 
restrictions went down to the level of installing a hottub, fence or deck.
-------------------------------------------------------------------------

PARADOX

What affect there might be to the land OUTSIDE of the property's border, will
come from people walking ON it far more than property improvements NOT on it.

Having already allowed development within 50 feet of a WETLANDS is now
spilt milk, I'm afraid. As long as that property owner is allowed to walk on
his own property there will be jeopardy for wildlife and riparian veg. regardless.
And building a fence/wall on your own property might in fact PROTECT the wildlife/veg./wetlands more than not !!

And how is a deck going to scare away the wildlife and damage the veg. more than people walking on the levee/stream/wetlands banks? Are they not more likely to sit on the smaller "footprint" deck, rather that go walk around, allowing more veg./wildlife to survive around the deck where otherwise it would be trampled on?

If there already exists, within or adjacent to someone's property line, some
wildlife or riparian vegetation then that resident no doubt contributed to
its environmental condition and should be rewarded for their obvious
participation in this environmentalism, rather than punished
(by restrictions which contribute LITTLE to the adjacent environment).

 

  Go to MAPS of Baylands, Wetlands and Stream   Conservation Areas

      or go to County Map   
           zoom in and pan(by dragging on map)  
           Click on Legend/Search
  

           Base Layers:

bullet

road

bullet

orthos

bullet

Water Body

bullet

Stream

bullet

parcel

Environmental Policy::::

Then separately  Wetland  OR
Stream Cons Area  OR  Baylands Corridor

         Use Identify if in doubt of color coding. Click on the map 
         to see legend definition of that  point on map.

The Planning Commission has/is giving final directions to Community Development Director, Alex Hines for the re-write of the 2nd Version of the Natural Systems Element. 
Apparently Supervisor Adams had  asked the SV community to work together to come up with a consensus on CWP issues impacting Gallinas Creek.  She said she had asked the Land Use Committee to meet with representatives of waterside property owners to work on a team based solution.


If there are any Clapper Rail out there, a setback would make no difference to their existence / demise. In fact if the creek is not dredged their habitat becomes endangered because they need tidal mud to survive. Dredging is REQUIRED to provide enough mud and salt water flow for their tidal mud to be replenished with their food.
To be overturned?
  
 COUNTYWIDE PLAN
  Meeting April 6th

1. Should the Wetland policy (BIO-3.1, page 2-22) include an exception, like the Stream Conservation A. policies for human-made flood control channels and tidally influenced diked or leveed channels (BIO-4.1, page 2-26)?

The Planning Commission agreed with the residents and directed staff to return in the Fall with exception language.

Here is an extract of contentious parts of the Plan under review:-

Countywide Plan Issues   April 26, 2004 

Biological Resources

·         Should the boundary of the proposed Baylands Corridor be substantially revised?

·         Should already developed small parcels in the City-Centered and Inland Rural Corridors have more flexibility regarding resource protection setbacks?

 

BIOLOGICAL RESOURCES SECTION 

Protect and Enhance Wetland Resources

e 2-22

·         GOAL BIO-3: Add graphic showing types of wetlands and their transitions (add a definition of setback or buffer to the glossary).

·         Policy BIO-3.1 Include similar language for other section regarding when to apply 50 vs. 100 foot buffers. Exempt Santa Venicia from these buffers. Add a 100’ buffer for parcels greater than 2 acres in size in the City Centered Corridor.

·         NEW Policy: Add an exception process like SCA.

2-25

·         Programs BIO-3c, BIO-3d Add a 100’ buffer for parcels greater than 2 acres in size in the City Centered Corridor. Clarify allowed uses and exemptions.

 

Riparian protection and restoration

Page 2-26

·         Policy BIO-4.1 Edit to move human-made flood control channels…to the body of the text instead in the setback section.

 

Page 2-27

·         Policy BIO-4.2 Edit. See Commissioner Holland’s comments.

 

Page 2-28

·         Amend Figure 2-1 to more accurately reflect setback requirements.


Plan under review IN FULL


Summary of Initial Planning Commission Directions Regarding the Introduction and Natural Systems Element of the Marin Countywide Plan

 

April 26, 2004

 

General Comments

 

The following is intended to summarize the initial direction provided to staff by the Planning Commission during public hearings on the Introduction and Natural Systems Element of the Countywide Plan prior to April 26, 2004. This summary, along with subsequent Commission direction, applicable public agency comments and technical corrections, will provide guidance to incorporate revisions into the draft Plan scheduled for consideration for the fall and winter. The following list is not intended to be all inclusive.

 

There was consensus that typos and technical corrections could be submitted to staff and not require Commission deliberation. Similarly, suggestions regarding the overall design and “look and feel” of the Plan or maps could be submitted in writing directly to staff rather than take up public hearing time. 

 

Initial Direction

 

INTRODUCTION

 

      Page xi                   

·         Board Mission Statement: add footnote indicating the Board adoption date.

 

Page 1-2

Overview and Environmental Setting

·         Move Map 3-1: Environmental Corridors of Marin County to this section.

·         Rename the Coastal Recreation Corridor (delete “Recreation”).

·         Move the 6th paragraph to the History section. Explain the criteria used to determine the Baylands Corridor.   

 

Page 1-3

Framework

bullet In the second paragraph, add “including the natural systems that support life” after “Planning Sustainable Communities.”
bullet Guiding Principle #2: edit to state: “Minimize the use of resources and use all resources efficiently and effectively” and other edits.
bullet Move the sidebar to page 1-5, replace with symbol.
bullet Guiding Principle #3: Replace “living” with “natural” systems.
bullet Guiding Principle #4: Steward…would be separated into two principles one on open space, one on agricultural assets.  There were further changes to the text.
 
Page 1-4
bullet Guiding Principle #6: Reword to relate more to “special needs” versus just workforce housing, and “diverse” community.
bullet Guiding Principle#7:  Reword to support locally owned businesses and economic, environmental, and social benefits.
bullet Guiding Principle #8: add “meaningful employment.”
bullet Guiding Principle #9. Minor edit.

 

Page 1-5

·         What is Sustainability?

It was generally agreed that this section should be revised with several Commissioners requesting fewer definitions of sustainability, and consider acting on Commissioner Julin’s suggested language.  It was agreed the Planning Commission would come back to this section later on and consider the appropriateness of the recommended definitions and symbols.

 

·         Additional language was also requested regarding how the “3-E’s” are applied to the policies throughout the document, along with a better description of the ecological footprint.

 

Page 1-6

·         Figure 1-2: Ecological Footprint Comparison. add a baseline of how many acres are available in the world, provide additional clarification, and identify the footprint of other comparable areas if available.

 

Page 1-7

·         Framework for Sustainability graphic. Modify this triangle to add agriculture between Natural Systems and the Built Environment.

 

Page 1-9
Countywide Goals

·         Bullet 2: modify wording.

·         Bullet 3: modify wording.

·         Bullet 4: Add social and economic diversity, housing for elderly and special needs.

 

Page 1-10
bullet Bullet 2: Add language regarding local residents and locally owned businesses.
bullet Bullet 3: add sustainable agriculture.

 

Page 1-11

History.

·         Explain the historical context of the three corridors and the role of the Countywide Planning Agency.

 

Page 1-12

·         Reorganize as eventually determined by the Commission.

 

Page 1-14
Land Use Categories
bullet Delete “estate” from Rural/Residential.
bullet Add more visible headings.
bullet The Commercial and Mixed Use section should have indented headings and should clarify that housing is for employees and “other residents”.

 

Page 1-16
bullet Industrial classification. Add mine processing and light manufacturing.

 

 

NATURAL SYSTEMS ELEMENT pdf to page 2-6

Page 2-3
Key Trends and Issues
bullet Biological Resources: Reword; Marin’s diversity is not a result of ranking 17th in the number of special status species.
bullet Water Resources: Reword. Edit to address wildlife corridors and to focus more on other issues such as water conservation.
bullet Mineral Resources: amend and possibly relocate to the Built Environment Element.

 

Page 2-4
bullet Agricultural and Food: Possibly move to a separate Element (staff continues to recommend against this).

 

Page 2-5

The Vision. Minor edits.

NATURAL SYSTEMS ELEMENT pdf from page 2-7 to 2-64

BIOLOGICAL RESOURCES SECTION

 

bullet Move Map 3-2a: Greenbelt Lands Affecting the City Centered Corridor, to this section.
bullet Reorganize background section (see Sierra Club comments.)
bullet Add riparian habitat wording (see Cuneo comments).

 

Page 2-10

bullet Expand the Baylands Corridor section. Describe setbacks in relation to vacant land north of Pt. San Pedro and ecosystem protection issues. Provide additional justification. Mention Tomales Bay is a separate bayland not covered by this section.

 

Native habitat and biodiversity

Page 2-13

·         BIO-1.1 Add cumulative impacts.

·         BIO-1.2 Add wetlands, other lands linking riparian corridors and wildlife corridors.

 

Page 2-14

·         BIO-1.5 Add education and outreach and “variety” of native…

·         BIO-1.6 Add landscapers, nurseries, MCOSD and consider other comments(see Sierra Club and EAC, page 5).

·         NEW BIO – Add a new policy on non-native animals.

 

Page 2-15

·         BIO-1.7 Add monitoring and to prevent re-establishment.

·         BIO-1.8 Replace “control” with “manage”.

 

Page 2-16

·         Program BIO-1.c. Make minor edits.

·         Add a new program to develop an education and outreach program for invasive exotics for landscapers, nurseries, agencies and public.

 

Protection of sensitive biological resources

Page 2-18

·         BIO-2.2. Minor edits.

 

Page 2-19

·         BIO-2.3 Off-site replacement may be required “at a higher ratio”.

·         BIO-2.5 edit and address the need for an assessment of cumulative impacts.

 

Protect and Enhance Wetland Resources

 

Page 2-22

·         GOAL BIO-3: Add graphic showing types of wetlands and their transitions (add a definition of setback or buffer to the glossary).

·         Policy BIO-3.1 Include similar language for other section regarding when to apply 50 vs. 100 foot buffers. Exempt Santa Venicia from these buffers. Add a 100’ buffer for parcels greater than 2 acres in size in the City Centered Corridor.

·         NEW Policy: Add an exception process like SCA.

 

Page 2-23 through 2-25

·         Programs BIO-3c, BIO-3d Add a 100’ buffer for parcels greater than 2 acres in size in the City Centered Corridor. Clarify allowed uses and exemptions.

 

Riparian protection and restoration

Page 2-26

·         Policy BIO-4.1 Edit to move human-made flood control channels…to the body of the text instead in the setback section.

 

Page 2-27

·         Policy BIO-4.2 Edit. See Commissioner Holland’s comments.

 

Page 2-28

·         Amend Figure 2-1 to more accurately reflect setback requirements.

 

Page 2-30

·         Policy BIO-4.6 Add BIO-1.7 wording regarding monitoring.

·         NEW BIO policy. Add wording regarding limiting work so as not to impact animals (see Cuneo comments).

 

Page 2-32

·         Program BIO-4a Rewrite section to tighten up language.

 

Page 2-35

·         Programs BIO-4h through 4J. Minor edits.

 

Baylands preservation and enhancement

 

Page 2-36

·         Policy Bio 5.3. The policy should clarify restrictions and exceptions.

 

Page 2-38

·         Program BIO-5a. Edit and clarify.

 

Page 2-39

·         Program BIO-5b. Edit and clarify.

 

 

WATER RESOURCES

Page 2-47

Key Trends

·         Threatened Fish…edit to indicate only a limited recovery.

 

·         Septic systems .Amend to be more accurate.

 

Page 2-48

·         NEW policy. WR- see Commissioner Holland’s comments.

 

Page 2-50

·         Policy WR-2.1 Mention agricultural uses.

 

Page 2-51

·         Program WR-2b. Add waterless urinal, rewrite with EHS to address when a new technology requires a demonstration project.

 

Page 2-52

·         Program WR-2c. Expand to address “AB 885.”

·         Program WR-2d. Add public, businesses.

·         Program WR-2e. Add “find alternatives”

·         Goal WR-3 and all policies. Move if agriculture is relocated. Make wording more general (see Baty letter.)

 

Page 2-53

·         Why is this important? Consider editing (see EAC comments).

 

MINERAL RESOURCES

 

Page 2-57 through 2-64

·         Possibly move to the Built Environment Element. Review deferred until discussion of the Built Environment Element.

 

Atmosphere and Climate

 

Page 2-67

·         Trend on Sea Level Rise. Edit language on increased watershed height, stream width and flow increase and setbacks from global warming. Also add education about global warming as a program.

 

Page 2-71

·         Figure 2-7. Correlate in circulation section if possible.

 

Page 2-74

·         Implementing programs. Add financial incentives such as time sensitive bridge fees.

 

Page 2-75

·         Why is this important? Add connection to greenhouse gas concerns.

 

 

Open Space

 

Page 2-79

·         Background. Add streams, lagoons and wetlands and remove reference to the District contributions to MALT for acquisition.

 

Page 2-82

·         Goal OS-1. Add reference to carrying capacity.

·         Program OS-1.b.  Add language regarding herbicides (see IPM and Novy comments).

 

Page 2-85

·         Program OS-2.d.  Dave Hanson to reword.

·         Program OS-2.f. Add endowments.

 

Page 2-90

·         Program OS-3.b. Research whether adjacent lands to Bolinas Lagoon should be added and other lowlands to Petaluma River (see Bennet comments).

 

Page 2-91

·         Program OS-3.c. Edit to extend Miller Creek to the Bay (consider White’s comments.

 

Page 2-91

·         Programs OS-3ee & f. move to agricultural section. Clarify small scale agricultural tourism, and that clustering only involves non agricultural development.

·         Program OS-3.d. Add Mt Burdell to the list.

 

Page 2-91

·         Program OS-3.h. Reorganize into Federal, State and County parks and check for missing sites. Add agricultural use to Point Reyes National Seashore and other clarifications.

 

Trails

Page 2-100

·         Background. Edit Figure 2-10. Separate out MCOSD and NMWD, merge last 3 and describe whether it include single track and fire road (see Commissioner Julin comments).

·         Add more context to trails section: includes cities, towns, State etc.

·         Map 2-11a: Correct Pozzi trail shown that is shown as existing. It should be proposed.

·         Show either on a separate map or in a distinctive way the Bay Area Ridge, San Francisco Bay and the California Coastal Trail. Separate urban bike paths from rural recreational trails. Consider separate map for major regional trails.

 

Page 2-101

·         Key Trends: Clarify that good trail design reduces maintenance costs.

·         Second paragraph from top of page: Add that Community Plans should be referred to for community trails.

 

Page 2-102

·         Key trend on conflicts with property owners. Amend section.

·         Add health benefits of trail use.

·         Review MCOSCD Mission Statement and decide if it should be added.

·         GOAL TRL-1. Add “for all user groups, where appropriate”.

·         Policy TRL-1.2 Add “for all user groups as appropriate”.

 

Page 2-103

·         Policy TRL-1.4. Edit to add Bay, Coastal and Ridge trail and shared access.

·         Add a new program to preserve paper streets that contribute to the trail system.

 

 Page 2-104

·         Program TRL-1.c. edit.

·         Program TRL-1.e. Add maintenance throughout.

Page 2-105

·         ProgramsTRL-1.j & 1.K. Merge together.

 

Page 2-106

·         GOAL TRL-2.  Add “as appropriate”

·         Policy TRL-2.1 Add avoid sensitive habitat and natural resource protection.

·         Policy TRL-2.5 Replace “disabilities” with “special needs”.

 

Page 2-107

·         Program TRL-2.b. Address seasonal concerns.

 

Page 2-108

·         Program TRL-2.d. Expand to state that no access to private property until easement granted and there may be possible agricultural conflicts.

·         Program TRL-2.h. Trails Subcommittee should hear matters of public disharmony and resolve them in a balanced fashion.

 

Page 2-109

·         Program TRL-2.k. Add “parking”.

·         Program TRL-2.n Expand to acknowledge that some areas with important resources may experience trails closure and need to adjust the method of maintenance, seasonal closures, etc.

 

Page 2-110

·         Program TRL-2.q. Add “barriers to passing or”. (See Sierra Club comments).

 

 

Agricultural and Food

 

Page 2-117

·         Figure 2-13.  Amend to be more legible in black and white, and possibly simplify.

 

Page 2-118

·         Figure 2-14 Add some clarifying language about what this figure includes or shows.

·         Seek to maintain (not expand) agricultural uses.

 

Page 2-122

·         Edit language regarding low profits.

·         Add the definition of agriculture in the sidebar.

 

MAPS

·         Add the Marin County Agricultural lands map here.

 

Page 2-124

·         Policy AG-1.5. Clarify the need for fewer parcels.

 

 Page 2-125

·         Policy AG-1.65. Add clustering of residential development on very large parcels may be limited to less than 5% of the land.

 

Page 2-126

·         Policy AG-1.12. Edit to address sustainable water supply issues.

·         Program AG-1.a. Clarify clustering and agricultural worker housing issues.

 

Page 2-129

·         Program AG-1.f. Clarify TDR wording.

·         Program AG-1.h. Minor edit.

 

Page 2-131

·         Program AG-1.n. Clarify wording to be clearer intent.

 

 

  I:\ADV\CWP Update\Planning Commission\Preparation material\Planning Commission Changes to Date 4-26-04.doc

 

 

Summary of Key Unresolved

Countywide Plan Issues

 

April 26, 2004

 

        I.      Introduction

·         Should sustainability be limited to one definition and a different symbol be used to guide policies throughout the Plan?

·         Should the Plan be substantially reorganized, elements retitled, or left the same?

 

     II.      Natural Systems

 

Biological Resources

·         Should the boundary of the proposed Baylands Corridor be substantially revised?

·         Should already developed small parcels in the City-Centered and Inland Rural Corridors have more flexibility regarding resource protection setbacks?

 

Mineral Resources

·         Should the Mineral Resource section be moved to the Built Environment Element?

 

Open Space

·         Should Open Space acquisition be deferred in light of the need for ongoing management of existing properties?

 

Trails

·         Should Countywide Plan policies attempt to mediate trail conflicts between historic and other newer users or should this concern be deferred to the Trails Subcommittee of the Parks, Open Space, and Cultural Commission?

 

Agriculture and Food

·         Should the proposed residential home size be modified?

·         Should subdivision of agricultural land continue to be strongly discouraged?

·         Should the 60-acre minimum agricultural parcel size be increased?

·         Should agriculture be further restricted in environmentally sensitive areas?

·         Should environmentally sensitive agricultural water development be explored?

·         Should small-scale agricultural diversification and organic or sustainable farming be encouraged?