Board upholds appeal of Bass Lake Apartments parcel map

The Board of Supervisors voted to uphold an appeal to approve a tentative parcel map for the Bass Lake Apartments located in the Cameron Park/Rescue area south of Green Valley Road during its Sept. 24 meeting. 

The parcel map that called for approximately 120 affordable housing units was a split one, which would have allowed a parcel map to subdivide approximately a 5.6 acre undeveloped lot to create two parcels, one for 5.311-acres and another for the remaining acreage.

The presence of natural wetlands on the parcel, located on the south side of Green Valley Road at the Bass Lake Road intersection in the Cameron Park/Rescue area currently zoned for commercial/office purposes, came into question. 

The appellant Wesly Tonks, Rescue resident, argued that approval of the parcel map would violate California Environmental Quality Act regulations. He states that Affirmed housing seeks to approve a parcel map that would remove natural wetlands from the site to be able to qualify for California Assembly Bill 2011. The legislation allows for approval of affordable housing on commercially-zoned lands as long as the projects meet affordability and environmental criteria.

Tonks further argues that environmental reviews of the parcel map were insufficient because it failed to include analysis of potential environmental impacts. 

"The decision you make today will set a precedent which will resound throughout El Dorado County and the state of California," Tonks told the board that Tuesday. "Should you vote in favor of this parcel map, more dubious parcel maps and AB 2011 applications will follow." 

Jose Lugano, the project's manager, asked the board to deny the appeal on the grounds that there is no basis for overturning the approval of the parcel map or to require CEQA review, due to the AB 2011 project not requiring CEQA analysis. Affirm Housing representatives further argue that the AB 2011 project parcel map does not come into conflict with county code, and the appeal would obstruct the application of AB 2011. 

"There is only one issue before the board today, and that is the parcel map, which consists solely of the establishment of a new legal boundary creating a smaller parcel and a remainder parcel," Lugano said to the board. "No development is proposed or currently authorized by the map itself and no development project is before the board on this appeal."

The parcel map, submitted by affordable and multifamily housing developer Affirm Housing, was approved by the Zoning Administrator in August. 

Many came to the board meeting requesting the board uphold Tonks' appeal on the basis that insufficient environmental review was conducted and many findings for the parcel map were either incorrect or needed further review.  

"This project in its current state would not be required to follow environmental protections and I do not support its efforts to parcel its way around environmentally sensitive areas in order to bypass the law," said May Shulman, a resident of Woodleigh Summit in Cameron Park. 

Some were in favor of the board at least denying the appeal, citing a need for affordable housing in the county.

Frank Porter, vice president of housing nonprofit Housing El Dorado, requested the board deny the appeal, stating the county has not been productive in its effort to develop affordable housing, citing the slow start to develop such projects as "troubling." 

"As a county, we are dealing with the fact that in the past 20 years, despite policy commitments and public pronouncements to build more workforce housing, we have woefully failed," Porter said. 

Despite the board's recognition for the need for affordable housing, they ultimately found that the environmental impacts of the project were not fully studied, and that approval of the parcel map would conflict with county codes. 

The board also found approval of the parcel map would be "detrimental to the public health, safety and welfare, or injurious to the neighborhood based on the evidence in the record before the board," with some supervisors recognizing the area as a high-fire danger area and its consistent flooding issues. 

Additionally, the board realized a preapplication from Affirm Housing had been submitted, contradicting the fact the conversation was just about a parcel map. 

"I find it disingenuous to do a parcel split first and then say we can't consider any other development when we already have a preapplication in front of us," Board Chair Wendy Thomas said. 

The board voted unanimously to uphold the appeal by Tonks, and applause from the packed board room followed. 

Source: Eric Jaramishian, Mountain Democrat