East Shore Planning Group P. O. Box 827 Marshall, CA (415)

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1 East Shore Planning Group P. O. Box 827 Marshall, CA (415) January 22, 2010 Marin County Planning Commission c/o Marin County Community Development Agency 3501 Civic Center Drive, Room 308 San Rafael, CA STATEMENT BY THE EAST SHORE PLANNING GROUP REGARDING COMMUNITY SPECIFIC PLANS AND BORELLO RANCH PROPERTY Dear Members of the Marin County Planning Commission, The East Shore Planning Group, a California not-for-profit corporation formed in 1984, represents about 90 owners and tenants of properties on the east shore of Tomales Bay, which is in the unincorporated area of Marin County and is in the Coastal Zone. The ESPG is the primary local organization involved with issues of development in the area. A primary purpose of the ESPG since its formation has been to develop and implement a community plan for the east side of Tomales Bay. During the mid-1980s, ESPG developed the East Shore Community Plan, which was finalized in The East Shore Community Plan represented a very significant amount of community work to develop a consensus on the best planning approach for our unique area. It had the input of local residents, businesses and ranchers. It also represented a significant expense, which was funded by The San Francisco Foundation. On October 13, 1987, the Marin County Board of Supervisors considered the East Shore Community Plan. In a unanimous resolution, it found that the Plan was consistent with the Local Coastal Plan, that it maintains a balance of local and visitor serving facilities in the Coastal Zone, and that it does not significantly modify the priority given to visitor serving uses. Marin County Board of Supervisors Resolution No (Oct. 13, 1987). At that time the Board of Supervisors also approved some re-zonings that were proposed in the Plan. The goals of the East Shore Community Plan are set forth in the Executive Summary: In general, the goals of the plan are to protect the environment and the existing character of the community by insuring that new development conforms to the existing patterns, scale and character of the community.

2 The East Shore Community Plan has served our community well over the years, is doing so today, and should continue to do so in the future. LCP Policies By this letter we are responding to the recommendations in the Staff Report prepared for the October 26, 2009, Workshop on Community Development, Design and Visual Resources, Housing and Commercial and Visitor Serving Uses. We very much appreciate the recognition given by the staff to the policies of the East Shore Community Plan and their selection of them for inclusion in the amended LCP. We also greatly appreciate the information provided by Jack Liebster, Kristin Drumm and other staff members to the East Shore Planning Group at our Board of Directors meeting in November. The amendment of the LCP provides an opportunity to update and clarify the East Shore Community Plan policies in light of current conditions. Most of our comments are directed to Issue #3: Community Specific Policies in the Staff Report. These are presented in the Attachment to this letter in five sections, following the order in the Staff Report: o Policies that may apply to the Entire Coast Zone (from the Staff Report). o Polices for the East Shore (from the Staff Report). o Policies for the East Shore (from the East Shore Community Plan, but not included in the Staff Report, which we feel should be include in the amended LCP). o Policies for the East Shore (from the existing LCP, Unit 2 but not included in the Staff Report, which we feel should be include in the amended LCP). o A new Policy regarding the need to consider invasive species, such a broom and pampas grass, in connection with any development. Our comments and recommendations are in the table that follows this letter. Borello Ranch In addition, we believe that as a part of the LCP process, which includes approval by the Planning Commission, Board of Supervisors and California Coastal Commission, the East Shore Community Planning Area should be expanded to include the former Borello Ranch (Assessor s Parcels , and ). When the East Shore Community Plan was being developed in the mid-1980s, there was consideration of including this area, but it the newly organized East Shore Planning Group was confronted with vehement objection of the property owner. As a result, the boundary of our planning area currently ends just north of that property, which would otherwise have been included. However, the ownership and circumstances have changed, and the current owner of the property has publicly discussed the possibility development and is currently offering the property in separate parcels. 2

3 Because of the significant effect that any development regarding that property could have on the East Shore and the goals and policies of the East Shore Community Plan, we submit that the East Shore Community Plan and its policies should be applicable to any development regarding that property, and that the East Shore Planning Group should have the same privileges to review and comment on any proposals at an early stage, as is true of other properties in our planning area. We ask that this proposal be considered for approval by the various governmental bodies along with the Community Specific Policies for the East Shore. Sincerely yours, East Shore Planning Group Lori Kyle Lori Kyle, President Standard Note: This letter has been authorized by the ESPG Board of Directors, but has not been presented to or approved by our membership. 3

4 EAST SHORE PLANNING GROUP FOR AMENDED LCP COMMUNITY SPECIFIC POLICIES JANUARY 22, ORIGINAL SOURCE OF POLICY STAFF FOR 10/26 WORKSHOP -- Community specific policies that may apply to the entire coastal zone (taken from various community plans): C-CD-3.1 Destination resorts. Tourist facilities (e.g., hotels, resort developments, motels, lodges, restaurants, bars, sports clubs, camp grounds, recreational vehicle parks, retail complexes) of such scale that they become destinations in their own right are not considered appropriate for the Bolinas Planning Area Marin County coastal zone. ~ [Bolinas Community Plan, , Tourist Accommodations Policies, #2, p. 12; also, Tomales Community Plan, 1997, Policy CD-2.4, p. IV-6] C-CD-3.2 Visitor serving land uses. Within the downtown C-VCR zoned district areas, no major new visitor serving uses shall be encouraged. F franchised establishments, and others which purvey fast food or take-out foods and/or which create odor, litter or traffic problems, are strongly discouraged. ~ [Stinson Beach Community Plan, 1985, Objective 4.0 Land Use, Policy E, p. 33] C-CD-3.3 Availability to the General Public of Visitor Serving Enterprises. Visitor serving enterprises, particularly those which offer and provide places of overnight accommodation, shall remain available to any prospective guest on a C-CD-3.1 Destination resorts. Tourist facilities (e.g., hotels, resort developments, motels, lodges, restaurants, bars, sports clubs, camp grounds, recreational vehicle parks, retail complexes) of such scale that they become destinations in their own right are not considered appropriate for the Marin County coastal zone. C-CD-3.2 Visitor serving land uses. Franchised establishments and others which purvey fast food or take-out foods and/or which create odor, litter or traffic problems, are strongly discouraged. C-CD-3.3 Availability to the General Public of Visitor Serving Enterprises. Visitor serving enterprises, particularly those which offer and provide places of overnight accommodation, shall remain available to any prospective guest on a No change, other than to remove reference to specific zoning areas, as the policy should apply throughout the Coastal Zone regardless of zoning. This should apply to Marshall/east shore if not adopted for the entire Coastal Zone.

5 2 ORIGINAL SOURCE OF POLICY space available basis; conversion of such places of overnight accommodations into time sharing, club, condominium or any similar restricted or limited type of occupancy shall be prohibited. ~ [Inverness Ridge Communities Plan, 1983, Commercial Land Use Policy 2.01.C, p. 38] C-CD-3.4 Residential Character in Downtown Area Villages. Discourage the Cconversion of residential to commercial uses in the Downtown Area coastal villages is discouraged. If conversion of a residence to commercial uses is allowed under the provisions of the applicable zoning code, the architectural style of the home should be preserved. ~ [Point Reyes Station Community Plan, 2001, Policy PA-2.4, p. 13] C-CD-3.5 Parking Area Design. Commercial parking areas should be designed to avoid extensive areas of asphalt by breaking up parking areas into small clusters of three to five cars each. ~ [Adapted from Tomales Community Plan, 1997, Policy CD-2.5, p. IV-7] C-CD-3.6 Maintain Rural Character of Roadways. The only areas to be considered for sidewalks, curbs, and similar roadway improvements shall be the downtown Areas of Point Reyes Station and Tomales. ~ [Adapted from Point Reyes Station Community Plan, 2001, Circulation and Transportation Policies T-1.1 and T-3.1, pp ; Tomales Community Plan, 1997, Policy TR-1.1, p. IV-16] C-CD-3.7 Highway-Oriented Commercial Development. Commercial strip development proposals shall be discouraged. ~ [East Shore space available basis; conversion of such places of overnight accommodations into time sharing, club, condominium or any similar restricted or limited type of occupancy shall be prohibited. C-CD-3.4 Residential Character in Villages. Discourage the conversion of residential to commercial uses in the coastal villages. If conversion of a residence to commercial uses is allowed under the provisions of the applicable zoning code, the architectural style of the home should be preserved. C-CD-3.5 Parking Area Design. Commercial parking areas should be designed to avoid extensive areas of asphalt by breaking up parking areas into small clusters or otherwise avoiding unsightly parking lots. C-CD-3.6 Maintain Rural Character of Roadways. The only areas to be considered for sidewalks, curbs, and similar roadway improvements shall be the downtown Areas of Point Reyes Station and Tomales. C-CD-3.7 Highway-Oriented Commercial Development. Commercial strip development proposals shall be discouraged. No change (other than typo correction). No change except to eliminated the specified size of clusters (three to five cars) and to allow other ways to avoid unsightly parking lots.

6 3 ORIGINAL SOURCE OF POLICY Community Plan, 1987, Policy CD-22, p. 56; also Tomales Community Plan, 1997, Policy CD-2.4, p. IV-6,] C-CD-3.8 Highway congestion and parking conditions. Motorists should be notified of the highway congestion and parking conditions in coastal communities before they commit themselves to Highway #1 or Panoramic Highway by means of electronic signs located near Highway 101 in the Mill Valley area, a regularly updated website, and other telecommunication methods that would provide real-time information to coastal visitors. ~ [Stinson Beach Community Plan, 1985, Objective 1.0 Circulation, Policy D, p. 16] C-CD-3.9 Windbreaks. Discourge new wind breaks along Highway 1 to preserve coastal views. Consider the effects of proposed wind breaks at maturity on sunlight, coastal views, and traffic safety related to visibility. ~ [Adapted from Point Reyes Station Community Plan, 2001, Policy PA- 3.9, p. 14] C-CD-3.10 Exterior Lighting. Exterior lighting fixtures should be the minimum necessary for safety and utility purposes and shall be low wattage, hooded and cast downward. ~ [Point Reyes Station Community Plan, 2001, Policy CL- 4.1.o., p. 21] C-CD-3.11 Avoid Lighting for Recreational Use. Night lighting for recreational use of tennis courts, sport courts, and other similar outdoor recreational activity areas shall be prohibited to avoid glare and noise intrusion from the nighttime C-CD-3.8 Highway congestion and parking conditions. Motorists should be notified of the highway congestion and parking conditions in coastal communities before they commit themselves to driving on the roadway by means of electronic signs, a regularly updated website, and other telecommunication methods that would provide real-time information to coastal visitors. C-CD-3.9 Windbreaks. Discourage new wind breaks along Highway 1 to preserve coastal views. Consider the effects of proposed wind breaks at maturity on sunlight, coastal views, and traffic safety related to visibility. C-CD-3.10 Exterior Lighting. Exterior lighting fixtures should be the minimum necessary for safety and utility purposes and shall be low wattage, hooded and cast downward. C-CD-3.11 Avoid Lighting for Recreational Use. Night lighting for recreational use of tennis courts, sport courts, and other similar outdoor recreational activity areas shall be prohibited to avoid glare and noise intrusion from the nighttime There is substantially increasing visitor traffic congestion in the East Shore. This excellent suggestion may well be applicable in our area soon, and certainly will be relevant in the East Shore and other West Marin communities in the decades ahead. It should not be limited to the Muir Beach/Stinson Beach areas. The section has been revise accordingly. No changes. No changes. No changes.

7 4 ORIGINAL SOURCE OF POLICY use of such areas. ~ [Point Reyes Station Community Plan, 2001, Program RL-3.4b, p. 34] STAFF FOR 10/26 WORKSHOP -- Community Specific Policies: East Shore C-CD-3.41 Marshall/east shore of Tomales Bay. Maintain the existing character of lowdensity residential and fishing or boating-related uses. Allow the expansion or modification of development for visitor-serving or commercial development on previously developed lots along the east shore of Tomales Bay; provided that such expanded uses are compatible with the small scale and character of existing development along the Bay. a. Marshall Hotel. Encourage reconstruction of the old Marshall Hotel, provided that adequate water supply, sewage disposal, and parking facilities can be provided. b. Marconi Cove Marina. Allow expansion of visitor serving and marine related facilities at the Marconi Cove Marina property, which would be suitable for a unit motel, restaurant, and a small store. Expanded marina facilities, including additional boat slips, fishing pier, and storage space would also be desirable. The upland portion of the site, identified as APN , is presently used for agriculture. Encourage the development of campsites in the wooded canyon on this parcel to provide low-cost overnight accommodations to compliment uses on the bayfront lands. Limited residential development, use of such areas. C-CD-3.41 Marshall/east shore of Tomales Bay. Maintain the existing character of low-density residential, agriculture, mariculture and fishing or boating-related uses. Allow the expansion or modification of development for visitor-serving or commercial development on previously developed lots along the east shore of Tomales Bay, provided that such expanded uses are compatible with the small scale and character of existing development along the Bay (including historical and archeological aspects), and provided that adequate water supply, sewage disposal and parking facilities can be provided. a. Marshall Boatworks. Continue to support the Marshall Boatworks area as a residential/commercial mixed use area and as a potential community activity center and gathering place. Included agriculture and mariculture as existing uses that define the existing character of the area. Added a parenthetical reference to historical and archeological aspects in defining the small scale and character of existing development along the Bay. Deleted specific projects of Marshall Hotel and Marconi Cove Marina as outdated. Took clause provided that adequate water supply from Marshall Hotel section and put it at end of main section. Changed the ; before provided to a,.

8 5 ORIGINAL SOURCE OF POLICY compatible with continued agricultural use on the property, would be acceptable. c. Marshall Boatworks. Continue to support the Marshall Boatworks area as a residential/commercial mixed use area and as a potential community activity center and gathering place. (Pursuant to Resolution ). ~ [Unit II Recreation and Visitor Serving Facilities Policy 3e(1) (5) p ] C-CD-3.42 Protect trees. The East Shore Planning Group shall survey and map an inventory of significant stands of trees in the Planning Area ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Program EQ-2-1, p. 48] C-CD-3.43 Public Access Signage. The East Shore Planning Group shall work with public agencies to place public access signs at identified public access locations. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Program EQ-5-1, p. 48] C-CD-3.44 Prioritize water-related recreational uses. Prioritize mariculture, boat repair, fishing, water-related recreation and scenic resources over other uses along the shoreline. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Policy Cd-7 p. 51] C-CD-3.45 Commercial Land Use. Encourage small scale commercial and public facilities in existing activity centers, such as in historic Marshall or near the Post Office/Marshall Boatworks and Marconi area. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan C-CD-3.42 Protect trees. Protect and identify significant stands of native and introduced trees in the Planning Area. C-CD-3.43 Public Access Signage. The East Shore Planning Group shall work with public agencies to place signs directing visitors to designated public access locations. C-CD-3.44 Prioritize water-related uses. Prioritize mariculture, boat repair, fishing, waterrelated recreation and scenic resources over other uses along the shoreline. C-CD-3.45 Commercial Land Use. Limit development of commercial and public facilities to small-scale developments in existing activity centers: Nick s Cove, historic Marshall or near the Post Office/Marshall Boatworks and Marconi area. Eliminated proposed survey and map. Included native and introduced tree language from East Shore Community Plan A multitude of public access signs would be counterproductive, unsightly and a traffic hazard in many locations. No change except to eliminate the word recreational from the title line, as nonrecreational uses are also prioritized. Reflects intention and language of East Shore Community Plan. Nick s Cove is added in light of today s circumstances.

9 ORIGINAL SOURCE OF POLICY Policy CD-21 p. 55] C-CD-3.46 Discourage strip development. Discourage commercial strip development. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Policy CD-22 p. 56] C-CD-3.47 Visitor Serving Uses. Allow visitorserving commercial and public facilities in any of the C-RCR zoned areas in the Planning Area. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Policy CD-23 p. 56] C-CD-3.48 Local Serving Facilities. Incorporate local serving facilities in all new development. ~ [Not in Unit I or II. Adapted from the East Shore Community Plan Policy CD-24 p. 56] C-CD-3.49 New Marina Development. New marina developments shall make provisions for the use of the facilities by local commercial and recreation boats. ADDED FROM EAST SHORE COMMUNITY PLAN Policy CD-2 : New development shall be located, sited and aggregated consistent with existing development patterns Policy CD-3: The height, bulk and massing of new structures shall be compatible with the local setting. Policy CD-5: Agricultural, water-related commercial, industrial and rural residential developments and open space shall have priority over other land uses that may be proposed in the Planning Area. 6 C-CD-3.46 Discourage strip development. Discourage commercial strip development. <deleted> C-CD-3.48 Local Serving Facilities. Incorporate local serving facilities in all new development. C-CD-3.49 New Marina Development. New marina developments shall make provisions for the use of the facilities by local commercial and recreation boats. To be added to ESPG LCP provisions Policy CD-2: New development shall be located, sited and aggregated consistent with existing development patterns Policy CD-3: The height, bulk and massing of new structures shall be compatible with the local setting. Policy CD-5 : Agricultural, water-related commercial and rural residential developments and open space shall have priority over other land uses that may be proposed in the Planning Area.. Not necessary; zoning allows these facilities. This is high priority, to help preserve our small community. These provisions from the East Shore Community Plan are not otherwise addressed above. Industrial deleted as a use that has priority in the East Shore.

10 ORIGINAL SOURCE OF POLICY Policy CD-6 : Historical buildings and archaeological sites in the Planning Area shall be preserved. Policy CD-7: Mariculture, boat repair, fishing, water-related recreation and scenic resources shall have priority over other uses along the shoreline. Policy CD-8: New development shall not cause a significant adverse affect on existing roadway and traffic conditions. Policy CD-10: Conflicts between or hazards created by traffic or parking shall be remedied wherever feasible to ensure the peaceful, rural pace of life in the East Shore area Residential (Policies CD-18 through 20): The major goal sought by the following residential policies is to ensure that new development which occurs in the community is balanced in such a way that it does not disrupt the diversity or change the existing character of Marshall as a small village community of modest rural homes. Policy CD-6 : Historical buildings and archaeological sites in the Planning Area shall be preserved. Policy CD-7: Mariculture, boat repair, fishing, water-related recreation and scenic resources shall have priority over other uses along the shoreline. Policy CD-8: New development shall not cause a Added parking and corrected spelling significant adverse effect on existing roadway and error. traffic conditions or on parking. Policy CD-10: Conflicts between or hazards Traffic and parking are significant and created by traffic or parking shall be remedied increasing issues in the East Shore. wherever feasible to ensure the peaceful, rural pace of life in the East Shore area Residential (Policies CD-18 through 20) : This policy is adopted from the general statement regarding residential policies in the East Shore Community Plan. Residential development that occurs in the community should be balanced in such a way that it does not disrupt the diversity or change the existing character of Marshall as a small village community of modest rural homes. ADDED FROM OLD LCP (UNIT 2) From TOMALES BAY USES, Public Trust Lands, Local Coastal Program Policies, No. 2 (at page 129): Reconstruction of Existing Structures. Existing structures on public trust lands along the shoreline of Tomales Bay may continue and shall be permitted to be rebuilt if damaged or destroyed by natural disaster, in conformance with the development standards as specified in Section 30610(g) of the Coastal Act, applicable LCP policies and County code requirements. 7 To be added to ESPG LCP provisions Policy CD-A (new): Reconstruction and Maintenance of Existing Structures. Existing structures on public trust lands along the shoreline of Tomales Bay may continue and shall be permitted to be repaired and/or rebuilt if damaged or destroyed by natural deterioration or natural disaster, in conformance with the development standards as specified in Section 30610(g) of the Coastal Act, applicable LCP policies and County code requirements. No change from existing LCP language except to allow repair or rebuilding of structures that suffer natural deterioration, in addition to natural disasters.

11 ORIGINAL SOURCE OF POLICY From TOMALES BAY USES, Shoreline Structures, Local Coastal Program Policies No. 3 (at page 133) :. The reconstruction of existing piers shall be permitted provided that the pier is of the same size and is in the same location as the original pier.. Policy CD-B (new): Reconstruction and Maintenance of Existing Piers. The reconstruction and maintenance of existing piers shall be permitted provided that the pier is of the same size and is in the same location as the original pier No change from existing LCP language except to delete the provisions respecting enlargement or changes in design or location of existing piers and to allow maintenance of existing piers. NEW POLICIES RECOMMENDED BY To be added to ESPG LCP provisions Drafted by ESPG Policy CD-C (new): Control of Invasive Species, The East Shore has a significant and Any new development should take into account the need to control invasive species. growing problem from pampas grass, broom and other invasive species that are spread from property to property. 8