By Sara Beth Williams–
Controversy surrounded a recent Planning Commission decision to approve the subdivision of two different lots on Old Auburn Road into six smaller lots.
At a Sept. 24 Planning Commission meeting, the Commission voted unanimously to split lots at 7828 Old Auburn Rd. and 7820 Old Auburn Rd. into a total of six smaller lots. Together, the lots total about six acres. Because the two lots were adjacent, and subdivision requests were submitted close together, a single environmental review of both lots was conducted.
Both parcels are dissected by Mariposa Creek, which runs east to west. The properties also each have one home along with another structure, and the land is considered “outside FEMA’s 100-year flood zone designation,” according to the city.
Local resident Scott Kinderwater, who lives adjacent and said he is a retired soil scientist, expressed concerns regarding the potential for flooding if multiple houses were to be built on the properties in the future.
In a letter of complaint to the city, Kinderwater said he has witnessed flooding during heavy rains on several properties upstream and surrounding the two parcels in question, and believes the six acres of land serve as a buffer to prevent flooding downstream.
Alison Bermudez, with the city’s Planning Division, said engineering staff, planning staff, and consultants met to discuss the concerns and had “a great discussion” with Kinderwater.
During the Planning Commission meeting, Kinderwater spoke in opposition, reiterating concerns from his letters, saying the parcels in question represent a wildlife corridor, a wetland, and a “flood water catchment basin,” that protects properties located downstream.
“There are goals in the general plan; preserve and protect the features that contribute to the rural character of the city; preserve and enhance the character, distinct identity, and livability of the city’s rural neighborhoods, and ensure that new development in rural areas is compatible with the surrounding neighbors,” Kinderwater said.
After the closure of the public hearing, Community Development Director Casey Kempenaar said a professional biologist reviewed the concerns listed by the neighbor previously and determined that the acreage in question does not qualify as a wetland “under the state or federal definitions” and there are no “upland wetlands” found on the site. When Kinderwater attempted to speak again off-mic, Kempenaar said, “This is a public hearing, and you’ve had your time to speak.”
A preliminary review completed in May reported that future development could interfere with stormwater drainage. According to the city, the property owner will need to create a detention structure or drainage basin at the time of development.
CNA engineering owner Steve Norman reported that a drainage study conducted by the firm showed “no impact” to the overall drainage flows and that potential ponds or detention basins could be later “reanalyzed” based on future determined development. Bermudez and Senior Civil Engineer Daniel Kehrer said a new analysis would be performed in the event future development exceeds current projections and that all current projections “met regulatory requirements” from city and county drainage and flow standards.
The Planning Commission voted 6-0 to approve the tentative parcel maps and mitigated negative declaration and mitigation monitoring plans for both properties. Commissioner Kelsey Nelson was absent from the meeting.
7828 Old Auburn Rd. is listed as 4.76 acres in size, and the subdivision request proposed dividing the parcel into four lots, ranging in size from 45,300 square feet to 58,900 square feet.
7820 Old Auburn Rd. is listed as 1.25 acres in size, and the subdivision request was for two parcels, one totaling 20,000 square feet and one totaling 29,000 square feet.
Bermudez said the request for subdividing the properties aligns with the city’s strategic objectives, including “increasing homeownership opportunities,” “develop, conserve and improve housing stock,” and “ensuring housing opportunities for all segments of the community.”
As previously reported, original plans sought to build about 20 homes at the site, but those plans were reduced due to complications with the creek and a reported requirement that a bridge be built over the creek to connect Old Auburn Road and Pennington Way to accommodate heavy fire vehicles. City staff said a bridge is not being proposed or considered.
