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Have you noticed that the same people who so effectively opposed the
80-unit so-called "affordable housing" project in Nevada
City also take issue with the trend toward 5,000 square foot modern
luxury homes? What gives? Don't these people want anyone else to have
a home? For Nevada City Free Press readers new to the problems in
Nevada City development (and that would be just about everyone who's
had to rely on the mainstream press), a little background information
will be useful:
Q: What do an 80-unit apartment complex and a 5,000 square foot,
modern-style luxury home have in common? A: In Nevada City, they are
both illegal.
If that sounds too simplistic, you've grown rusty on your California
statutes and codes. Start going to our Planning Commission and City
Council meetings. Go to City Hall and get a copy of the General Plan
and Zoning Ordinances. Get transcripts of past meetings, and ask
yourself why the people who oppose these developments are citing the
law while our Planning Commissioners are often overriding it. Notice
the fact that private citizens are now bringing their own video
cameras to meetings. Instead of conducting rational, open discussions
based on the land use laws they are entrusted to uphold, our
Commissioners play an endless shell-game with the public by postponing
decisions meeting after meeting, often citing as an excuse their own
lack of preparedness, in an irresponsible effort to diffuse the impact
of public scrutiny.
Some Planning Commission members seem never to have heard the term
"public servant," responding to public comment on their pet
projects with patronizing hostility and vulgarity, such as we were
subjected to during their six-hour long meeting on May 10th of this
year. At the March 8th meeting, concerned citizens were told by
Planning Commissioner Jim Rose that we should stop insisting that the
city comply with state fire codes and just accept the fact that Nevada
City has burned to the ground before and probably will again. Again at
their May 10th meeting, Planning Commissioner Ruth Poulter made the
misguided statement that she would have a member of the public removed
from a meeting if his comments questioned the official actions of a
staff member. Those who have taken a high school civics class will
recognize this as counter to the constitution (though in all fairness,
Ms. Poulter genuinely does not appear to understand the difference
between a realtor's license, which she has, and a law degree, which
she does not). Stating one's belief that a city official has misserved
the public in his professional capacity does not remotely constitute
slander, as the commission claimed, any more than it would be
slanderous to state an opinion that Governor Gray Davis has
mishandled California's energy crisis. As the video tape of this
incident clearly shows, it was the Planning Commission, not the
speaker, which was way out of line. At the June 14, 2001, Planning
Commission meeting, Conley Weaver, who can usually be counted on to
provide a sorely-needed reality check for his peers, raised the issue
of the Commission's recently impinged credibility with respect to
their actions on the 80-unit apartment
complex. Ruth Poulter blithely shrugged and countered that as far as
she was concerned, there is no problem at all with her credibility.
What she doesn't seem to get is that her own opinion of herself is
irrelevant. What is at issue is how her credibility is perceived by
the public she has been appointed to serve.
Our City Attorney should be acting decisively to make sure our
officials are correctly informed about the laws impacting their
actions. In fact, in their March 26th meeting, the City Council agreed
that Jim Anderson's presence would be required at all future Planning
Commission meetings. Mr. Anderson was, however, noticeably absent from
the most recent Planning Commission meeting I attended. When asked
why, the Planning Commissioners unanimously agreed that his presence
was entirely optional and left to their own discretion. If they ever
start piping Muzak into our lovely new City Hall, I would suggest
the theme of the Twilight Zone. That psycho refrain should have been
blaring at the May 10th Planning Commission meeting, which was
filibustered until one o'clock in the morning. This was the hearing in
which the ever-haughty Ruth Poulter accused the public of just being
against affordable housing, sneering "... and you all know who
you are..." as though thoughtful, researched participation in the
civic process had suddenly become a crime. She's right, though--we do
know who we are. We are teachers, artists, lawyers, homemakers,
realtors, doctors, engineers, writers, business owners--people from
every walk of life brought together by a shared determination to
preserve our incomparable town. We are the property-owning, tax-paying
voters of Nevada City. We are informed people quite capable of
electing new officials.
For three nights in a row, on June 11-13, a standing room-only crowd
packed City Hall as the City Council deliberated eight appeals
concerning the 80-unit housing project. As one of the many eloquent
speakers pointed out, not a single Nevada City resident ever spoke in
favor of this development which the Planning Commission had hastened
to approve with completely inadequate review. Affordable housing was
never the real issue with this development. The real issue is whether
our Planning Commission will be allowed to sell Nevada City out to
big-money development.
Our General Plan offers extensive design guidelines which take growth
and the provision of affordable housing into account. But our General
Plan also includes stringent rules intended to prevent much of the
type of construction our City Planner and Planning Commissioners
routinely approve. It outlines at length our need to preserve the
"look and feel" of Nevada City. That look and feel is the
foundation of our tourist economy, and one of the greatest pleasures
in living here. It has everything to do with why you can still park
your car. That look and feel is dependent on the strict upholding of
our rigorous building codes and zoning ordinances.
Local schools teach our children about the environmental devastation
this area endured before hydraulic gold mining was banned. Our
children will also eventually understand that the kind of greed that
fueled the Gold Rush is still alive and well. Certainly our City
Council did the right thing in denying Affordable Housing Development Corporation
the needed variances to construct an absurdly large
apartment complex within our city limits. Anyone present at those
three nights of meetings, however, knows how tenuous a victory it is
that has been won. That particular project may soon morph into
something only slightly less offensive. Other area projects still
abound. All the little laws and courtesies designed to preserve this
beautiful place have been hard won and, unfortunately, must be
vigilantly defended. So don't stop coming to those Planning Commission
meetings! The show's not over yet.
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