Mariposa County Planning Commission adopts a Resolution recommending the Board of Supervisors approve the Cathey's Valley Community Plan amendments (with Audio)
Mariposa County Planning Commission adopts a Resolution recommending the Board of Supervisors approve the Cathey's Valley Community Plan amendments
At the April 6, 2012 Planning Commission meeting the commissioners considered amendments to the Cathey's Valley Plan that were made by the Board of Supervisors during 2011. The commission also adopted a Resolution recommending the Board of Supervisors (BOS) approve the amendments.
Cathey's Valley Community Plan documents on the
Audio is in minutes and seconds and is approximate.
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1:15 Sarah Williams, Deputy Planning Director for
14:30 Dave Conway, Director of the Environmental Health Division of the Mariposa County Public Health Department discusses rules and regulations of the Health Department for on site sewage disposal. Mr. Conway mentions a letter by the Fortner Family Trust that read in part, that requirements that individual septic systems be developed for each parcel that is required in the C.V.C.P. could pose a significant risk to Public Health and Safety by threatening the quality of groundwater in Cathey's Valley. He said that section of the letter totally ignores the policies and regulations that the county already has for on site sewage disposal to prevent that type of pollution from occurring. Another statement in the letter that states septic systems discharge raw untreated wastewater into the ground and ultimately into the groundwater. Mr. Conway said that is a gross misrepresentation on what onsite septic systems really do. Another statement in the letter states that owners are not required to test and maintain their private septic system. Again Mr. Conway states that statement is a little misleading as there is a requirement at the state level that the owner is required to maintain the system. Community Wastewater systems are prohibited in the C.V.C.P. according to Mr. Conway.
Public Comment
33:35 Attorney Don Starchman representing the Fortner Family Trust mentions the letter by the Fortner Family Trust that Dave Conway referred to. He said the C.V.C.P. prevents someone from coming forward with a better system for sewage waste disposal. Mr. Starchman states that all the amendments they are looking at are supposed to be consistent with the General Plan, but the General Plan under sewage disposal systems states that parcels must have an approved area for onsite or Community systems for sewage disposal. He said the C.V.C.P. Amendment 13 on sewage and water systems is not consistent with the General Plan.
37:00 Attorney Anita Starchman Bryant representing the Fortner Family Trust mentions Amendment 13 disallowing Community Sewer Systems on new lots. She said there is no rational basis to prohibit these systems in new subdivisions or new commercial parcels. The law firm would like the option to be able to come forward with a Community Wastewater System subject to the review and approval of the Mariposa County Health Department.
42:35 Steve Fortner comments that he agrees with all the amendments except two that concern community water and wastewater (13 and 21). Mr. Fortner would like the option, especially for commercial for a package treatment plan where the dirty water comes in and clean water comes out to be used for landscaping. He mentions the General Plan not being consistent with Title 17 and the C.V.C.P. will make it worse by adding Community Residential and Community Commercial. He would like the Rural Residential Zone put into the Plan. Mr. Fortner mentions the Community Commercial as being a fight as "they don't want anybody coming of the highway and tourism is what you are all about." "to prohibit it and try to say that only failing businesses that locate in Cathey's Valley is pretty self-destructive."
48:42 Rita Kidd asks if we are going to continue fighting this for sixteen more years? She said this has all been about one persons family project and hundreds of thousand of taxpayers dollars have been spent on the C.V.C.P. Rita Kidd told the Commissioners that what they have received today is the C.V.C.P. BOS plan not the C.V.C.P. She reminded the commissioners that they did have the C.V.C.P. in the past where they then sent it to the BOS for approval. She said Title 17 has not been taken into compliance with the General Plan because years have been spent on the C.V.C.P. Rita Kidd mentions that the EIR never studied wastewater or community water and greenhouse gas evaluation must study those issues. If the Planning Commission or the BOS would add this back into the C.V.C.P. more time and money would have to be spent and that today there is no protection against a lawsuit. Rita Kidd mentions that the BOS have caused the taxpayer to incur hundreds of thousands of dollars in additional spending by not adopting the C.V.C.P. earlier. She said the General Plan states that the BOS shall adopt the C.V.C.P. and fifteen more. She said the BOS has chosen to rewrite the C.V.C.P. bypassing the two recommendations by the Planning Commission and the Cathey's Valley Community Plan Advisory Committee. Rita Kidd states that the Fortner Water Tank permit states that it is for Agricultural Use not human consumption. She said Friends of Community Planning believe the BOS acted arbitrarily (1) in rewriting the land use of 440 acres to permit 2.5 acre density parcels instead of 5, (2) increasing the commercial area to over 30 acres, (3) and in doing so moving commercial designation from one set of parcels to another while identifying property owner names, (4) without notice to the property owner. She said she does not like the C.V.C.P., that it is not the communities plan that it is Mr. Fortner's plan.
1:00:45 Judy Huffman mentions that this plan has been quite an ordeal and seconds what Rita Kidd said. She is for the 5 acre min. parcel.
1:05:00 Steve Saunders mentions that the plan from the Advisory Committee included a 26 square mile boundary that forced them all into a position where they had to protect themselves. He said this is the people's plan not the BOS plan and they were shut out from the Advisory Committee meetings.
1:12:30 Judy Huffman apologies to Mr. Starchman.
Public Comment Closed
1:13:00 Commissioner Gary Francisco asks for clarification on an item about commercial encroachments. Commissioner Bob Rudzik is in support of Amendment 13. Mr. Francisco asks about packaged wastewater treatment plants that Mr. Fortner mentioned and if they are prohibited. Dave Conway responds by saying no, the amendments prohibits Community Systems not private systems. He said a packaged system for a private commercial operation would warrant consideration. Sara Williams mentions amendment 21 language and changing it for clarity.
The Planning Commission votes 4-0 to approve the Resolution with revisions recommending the Board of Supervisors approve the Cathey's Valley Community Plan amendments. Commissioner Norm Ross was excused.
