Developer challenges Tulloch call

March 07, 2002 12:00 am

By SCOTT PESZNECKER

A Twain Harte developer who was denied a zoning amendment to divide his lakefront acreage on Tulloch Reservoir will appeal his case before the Calaveras County Board of Supervisors.

In early February, the Calaveras County Planning Commission denied David Turners request to split a 20-acre parcel into four lots and rezone them from agricultural to residential use.

The planners also called for further study of future development along Tulloch Reservoir.

Turner filed an appeal with the Board of Supervisors on Feb. 20.

Under normal circumstances, county supervisors would have 45 days to hear the appeal. However, Turner agreed to wait until after a joint study session scheduled for April 15 when supervisors and planning commissioners will discuss what should be permitted at the reservoir.

Turner said he appealed because he wants one more chance of a hearing and expressing why I think its a good project.

I think it establishes a good precedent to increase the lot sizes around the lake, and make some properties that are less dense, Turner said. It follows the General Plan precisely the way the General Plan has designated that area to be. Its a matter of following the rules the way they currently exist.

But Planning Commissioner Fred Katz disagrees.

Citing the California Environmental Quality Act at the time the Planning Commission held Turners hearing, Katz said the developer must address his projects possible effects on the reservoir. The best way to do that, Katz said, is with an Environmental Impact Report.

Hes got to find out what the significance (of his project) is and how to deal with it, Katz said. CEQA doesnt require an EIR, but thats the easiest and best way for him to do it.

An Environmental Impact Report studies a projects short and long-term effects on its surroundings. It can take months to complete and cost developers thousands of dollars.

As far as a land division, making four- or five-acre parcels out of a 20-acre parcel, I think that is clearly insignificant, Turner said, rebutting the need for an EIR.