2010-04-29 / Front Page

Concern grows over CVCP

Some natives grow restless
BY DAN TUCKER GAZETTE PUBLISHER

As the date nears (May 18) for the Mariposa County Board of Supervisors to review and adopt the global warming terminology that will be outlined in the Cathey’s Valley Community Plan (CVCP), the level of confusion and frustration is mounting among some Cathey’s Valley residents.

A letter circulated through that community last week is fanning the flames of dissent. It is signed by six Cathey’s Valley residents: Alma and Lemuel Green Sr., Kenneth Wagner, Stephen Saunders, Robert Stark, and William Henderson. The letter was drafted by an attorney for the Fortner Family Trust, operated by developer Steve Fortner.

The letter was reportedly passed out at a “secret” community meeting and spread around by door-to-door delivery. Fortner said Tuesday that the letter is “in the process of being mailed” throughout the Cathey’s Valley area.

The dispatch plays to the emotions of residents who either don’t approve of the CVCP in general, or have serious concerns about the contents of the draft document.

Eight bullet points make negative claims about the CVCP: 1. “You can’t add on to homes, business or other structures if your parcel doesn’t meet the minimum parcel size.” 2. “Your ability to get bank financing could be eliminated or seriously hampered for construction of a residence and for agricultural land improvement and/or infrastructure.” 3. “If your parcel doesn’t meet the minimum required size, you might not be able to build anything at all.” 4. “Your property values will reflect this ‘NON-Conforming status imposed by the County.” 5. “If a house or structure is vacant for a period, you can lose the ability to use the house or structure at all.” 6. “Changes in uses will have to go through a government review process that the plan says is completely discretionary - meaning the government has all the power to say ‘yes’ or ‘no.’ The plan talks about ‘standards’ but includes no standards so you are at the mercy of the government.” 7. “If you can actually get a permit to do something, there will be expensive new conditions to meet the minimum requirements of the plan.” 8. “Because the County is trying to ram this Plan through before the June election and before County-wide rules are in place to implement Sacramento’s Global Warming laws, our community will suffer under punitive rules that may never be imposed on the rest of the County. For example, mandatory landscaping on western and southern building walls’ mandatory light-colored roofs; mandatory pool covers; mandated pool heating, pump and motor systems; mandatory solar, wind and geothermal power systems; and restricting water use for outdoor cleaning or property of vehicles.”

Above the signature lines, the letter states: “Tell each member of the board of supervisors to vote against this proposed community plan.”

Much to the surprise of many Cathey’s Valley residents, the requirements listed in item 8 are actually contained in the plan and are part of the action mandated by the Global Warming Act of 2006 as passed by the California State Assembly in bill AB-32. However, there are remedies available to the board of supervisors for those overreaching demands.

At the recent meeting, Don Starchman and Anita Starchman Bryant of the local law firm of Starchman and Starchman were present, and they pointed out specific items in the CVCP that relate to the claims contained in the letter. Their client, among others, is the Fortner Family Trust.

Due to the extensive length and in-depth examination of this issue, this exclusive report will be continued for the next two to three weeks as multiple aspects of the CVCP and its anticipated effects are examined. Analysis from lenders, real estate brokers, supervisors, planners, residents, and developers will be contained in this report as various aspects of the CVCP are exposed and explained. Look for the next chapter in the May 6 edition of the MARIPOSA GAZETTE.

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It is always surprizing to me

It is always surprizing to me that developers can come in to this community tell any story they want and people will belive them if you have a small peice of land say 1 and 1/2 acres to 4 acres and the county allowed it to be sold that way then of course you can build a house on it. If your house burns down then of course you can rebuild it. if you want to add own to your house of course you can but you have to bring it up to new state codes this is state law and the county can not change it. When someone who is a developer or realator talks to you about land being divided or some law that stops it or stops trachousing from being build. remember this is your community not thiers once it is over developed we will be short on water and living in a urban area while they move off to leave us stuck with the mess. I guess what I am really saying is that if you dont care about your friends and family go ahead and trash the area

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