November 14, 2017, the Board of Supervisors unanimously adopted Resolution No. 2017-126 authorizing the purchase of the San Geronimo Golf Course from the Trust for Public Land, finding that the purchase is exempt from CEQA, and authorizing the execution of a purchase and sale agreement.
Following the Resolution, the San Geronimo Advocates (an organized group of golfers and residents), filed a lawsuit on December 5, 2017 in Marin County Superior Court, arguing that Marin County failed to meet the requirements of a CEQA exemption. The Marin County Board of Supervisors adopted the December 12, 2017 Resolution Number 2017-135 approving the purchase of the golf course property.
At the end of June 2018, Judge Paul Haakenson issued a preliminary injunction, which blocked Parks' ability to complete the purchase and begin the public visioning and planning process. San Geronimo Advocates filings stated that the "County committed to a 'project' that included not only the purchase of property, but a definite course of action that required CEQA analysis, without having engaged in such analysis." We are concerned that this lawsuit could set a bad precedent for other public land acquisition and conservation projects in the state and region.
The injunction stops all efforts around fundraising, closing escrow, public planning, and prevents Parks from providing ranger programming for the public like art in the park, biking with a ranger, etc. All Parks sponsored outings and activities planned at the property were cancelled.
On October 26th, the Marin County Superior Court reaffirmed the tentative ruling and ordered the County to complete CEQA prior to authorizing the purchase of the property. This ruling has prompted Marin County to reverse their resolution to purchase the property. The County will have no right or authority to continue golf course operations on TPL’s property after December 31, 2018. The County has therefore provided notice, consistent with the management agreement, to Touchstone Golf that the County/Touchstone agreement will expire on December 31, 2018.
Following the ruling, Supervisor Dennis Rodoni explained to the Marin Independent Journal, “the court ruling…makes it impractical for the county to move forward with the purchase agreement with TPL Unfortunately, the communities of San Geronimo Valley, and the county will miss out on the opportunity for a planning process to determine the ultimate uses of this amazing property…TPL as the private owner, will move forward as they see fit for the use and sale of the property.”
In addition to the loss to the residents of the San Geronimo Valley, the ruling by Marin County Superior Court is problematic as it could impact future conservation property acquisitions by setting a negative precedent by invalidating the frequently used CEQA exemption for land acquisitions for open space. This is inherently problematic as CEQA requires years of planning and is a financial investment. This is why conservation land acquisitions are able to apply for a CEQA exception.
It is unfortunate that the public acquisition of the property has been halted. This was an opportunity to restore habitat, save hundreds of thousands of gallons of water use, remove toxic pesticides from our watershed, and would have provided safe pathways for residents and students to access the Lagunitas School and San Geronimo Valley Community Center without needing to travel along busy Sir Francis Drake Boulevard.
EAC continues to support the property’s conversion to open space and a public park. We will remain engaged in the coming months working towards a future outcome with open space and habitat restoration to improve water quality and habitat.
