Special Findings.

Are you aware that the Nevada County Planning Commission has the authority to make "Special Findings" to approve development projects that don't meet the County's own requirements? They do.

Imagine if we could make "Special Findings" to drive over the speed limit or avoid paying taxes. Absurd, right?

Yet, the Planning Commissioners can approve "Special Findings" to bypass and undermine the regulations set forth in the County Code, which was updated and reaffirmed by the Board of Supervisors just two months ago, in April 2024.

Specifically, Section 12.05.052 "Development Permit" on page 771 outlines the County’s requirements for the proposed Alpenglow Sawmill and Glu-Lam Factory development.

Here are some critical points:

Nevada County Code Development Requirement #6: The proposed use and facilities must be compatible with, and not detrimental to, existing uses on abutting property and in the nearby surrounding neighborhood or area.

The construction and operation of a Sawmill and Glu-Lam Factory is one of the most incompatible land uses with our long-established rural residential area. A "Special Finding" should not be used to bypass these recently reinforced requirements.

Nevada County Code Development Requirement #8: Highways, streets, and roads on and near the site must be adequate in width and pavement type to handle the traffic generated by the proposed use, and adequate provision must be made for both project-specific impacts and the cumulative effect of traffic generated by the proposed use.

A separate, primary access road for trucks entering and exiting the project would have to be required at the existing Prosser Hill OHV entrance. This road would be south and uphill of Klondike Flat Road. Alternatively, another project site should be found to avoid the several significant and dangerous impacts, including:

• Traffic safety at the Hwy 89 and Klondike Flat Road (KFR) intersection.

• Safety concerns for pedestrians and bicyclists on KFR.

• Excessive diesel emissions affecting air quality in our rural residential area.

• Significant noise impacts from jake brakes at the Hwy 89 / KFR intersection.

• Unacceptable noise and air quality impacts from diesel engines revving uphill from the Hwy 89 / KFR intersection.

• Public safety risks with no emergency evacuation route.

• The need for multiple points of ingress and egress for a large industrial project to avoid significant public safety risks and potential catastrophes.

• Loss of property value and equity for homeowners sharing the sole access road with a steady flow of logging and lumber trucks.

A primary access road at the Prosser Hill OHV entrance - or finding another location for the project - would eliminate the need for Dedicated Turn Lanes on Hwy 89 at KFR.

The developer has blamed the Forest Service for allowing only a single access point to private property across USFS land. If the County can break its rules to approve the project, so can the USFS!

Effective leadership involves working through challenges to get Congress to approve an exception. Contact Kevin Kiley, Marie Alvarado-Gil, and Brian Dahle.

The Forest Service’s policies have led to poor forest health and increased wildfire risk.

They are the largest property owner needing solutions to dispose of forest fuels from mismanaged forests and are even providing grant funding to this project, acknowledging their responsibility.

The USFS should be urged to find an alternative location on its property to help solve the problems it has helped create.

If the USFS fails to provide an easement and exception to its rules, the project should be denied based on the unmitigable impacts of using Klondike Flat Road as the primary access route.