Tuesday’s Board of Supervisors meeting went
until almost 3pm with the discussion focusing on one main topic- the Friends of Kirkwood and
Foothill Conservancy’s appeal of the Planning Commissions approval of the Martin
Point Tentative Subdivision Map located at Kirkwood. The Board of
Supervisors was considering whether or not to uphold the Planning Commission’s
decision. Before a project description was given Chairman Louis Boitano and
Supervisors Ted Novelli, Richard Forster and Brian Oneto disclosed that they
each individually met with either or both the Foothill Conservancy or Friends
of Kirkwood representatives prior to the meeting.
The project is located approximately a half mile south
of Hwy. 88/ Kirkwood Meadows Drive intersection and west of Kirkwood Meadow
Drive. Planning
Director Susan Grijalva said
the project consists of a 34 lot subdivision on 14.4 acres and has lots ranging
in size from 16,500 to 32,000 square feet. The applicant, Kirkwood
Mountain Resort, LLC which was referred to as KMR, proposes a total of 35
dwelling units comprised of 33 single-family homes and one duplex unit. The
project has formerly been known as “Ski-In/Ski-Out North,” project as a fundamental portion of the project
is dedicated to skier access easements. Grijalva went on to explain that
the 2003 Kirkwood Specific Plan provides the land use and development criteria
for projects within Kirkwood. The project is consistent with the it’s already
approved Specific Plan therefore under state law no further environmental
review is required. Grijalva also
reported to the board that staff has received numerous letters, emails, and
phone calls from concerned residents of Kirkwood as well as residents of the
County. Grijalva said as an integral part of the review process the
county’s Technical Advisory Committee, County Staff, KMR and concerned
residents met to evaluate the ski-in/ski-out access and as a result a mutually
agreeable route was established to give skiers access and to reduce the number
of trees that would have to be removed. The ski trail would go from the project
to the Timber Creek lodge, lift #7 area. On May 8th the Planning Commission reviewed the
project and found that the project is allowable and would not have to go through
additional environmental approval processes and subsequently approved the
Martin Point Tentative Subdivision Map.
The Foothill Conservancy, at the
May 8th meeting, immediately challenged the Amador County Planning
Commissions decision citing several environmental concerns including water and
other environmental impacts, as well as the mitigation measures proposed by the
developer. The Foothill Conservancy’s representatives stated that the impacts posed by the project require
more environmental research, especially in light of the fact that many of the
project’s environmental documentation and research was completed before the
specific plan was approved several years ago. Amador County Planning
staff maintains that mitigation monitoring has been in process and that
dialogue is taking place between the developer and the county. Supervisor
Richard Forster asked
about the developers trends in compliance on environmental issues with ongoing
projects. Grijalva stated that the developer currently has substantial compliance
with other projects in the area. She also pointed out that there has not
been good consistency or monitoring of the company’s projects for multiple
reasons and that meetings regarding these issues with the developers have been
taking place. Grijalva also
points out that the developer has been required to pay for a consultant, chosen
and hired by the county, to help with the monitor of the mitigation measures.Grijalva stated that the mitigations, when followed have been
effective. He asked about violations over the last few years. Grijalva
stated that violations have not been evaluated by the county; however she was
aware that there have been some run off issues involving fish and game and some
issues involving equipment failures at the Power Generation Facility.
In a
nutshell, the concerns of the Foothill Conservancy and the Friends of Kirkwood
have been that the specific plan mitigation measures have not been fully
complied with and therefore they want the project’s approval to be deferred
until all mitigations from the Specific Plan have been implemented. In the end the board of Supervisors denied the appeal and upheld the
Planning Commission’s approval.They did however amend the conditions of approval for
this project to include the requirement that the final map will not be recorded
until the resort if found to be in compliance with ALL mitigation measures
required under the approval of the Kirkwood Resort specific plan. The
Supervisors also directed that an advisory committee be developed for the
project. It was also decided that the committee would be coordinated by
Supervisor Novelli. The committee shall include Foothill Conservancy and Friend
of Kirkwood members that will meet with other members of the group and discuss
the compliance with mitigation measures by the developer.
Supervisor Richard Forster then asked about the significance of impacts of the
project and a reference that those impacts were more detrimental than
originally anticipated in the approval of the specific plan. Are the current
mitigations enough he asked?
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