WILL PLACER COUNTY BEND THEIR RULES FOR B.A.D.?*

( *Bay Area Developers)

The word's out that Royal Gorge LLC has scheduled a meeting in the next few weeks with Michael Johnson, Placer County Planning Director, concerning their plans to develop Royal Gorge Cross Country Ski Resort and nearby property at Serene Lakes and Donner Summit. There is no indication that they will actually be submitting plans, but are rather, seeking to discuss.....what?

Placer County has a process in place for developers to submit plans for initial review, which Royal Gorge LLC availed themselves of last June (tempus fugit).  The plans they submitted at that time lacked completeness, so they were sent back to the drawing board, so to speak. Those early plans and reports were posted on Placer County's web page, for ease of public access. Royal Gorge LLC then assured the public that they would be submitting plans "soon", but by  November, their "soon" turned to statements that plans would be submitted in the new year.

However, at the same time that Royal Gorge LLC was telling the press and the public that plans would be submitted some time in 2008, they had actually submitted a whole passel of plans to Placer County planning, for some sort of pre-agreed "dress rehearsal",  with the public barred from access to the plans. The plans and studies had been duplicated, and circulated to various departments in Placer County for comment, with a goal at that time of comment being returned the first or second week of January, 2008. 

Royal Gorge's November submissions were all public records, subject to public review. There were no tenable arguments Placer County could make for excluding public access, as the plans did not fit any exceptions listed in the California Public Records Act (CPRA).  However, despite requests by private citizens, a newspaper, and a homeowner's group and its attorney, Placer County dug in their heels for almost a month. At one point Mr. Johnson threatened to send the plans back to Royal Gorge LLC, in order to prevent public view. Only after the homeowner groups's attorney scheduled a Christmas Eve court date for an injunction preventing the return of the documents did Placer County "cave" in and start observing California law regarding records. It is still a mystery why Placer County failed to follow their own procedures, and basically turned their backs on state law to help B.A.D.

Old history, no? Maybe not. If Royal Gorge LLC is indeed finally submitting plans, then those plans should go through regular channels, with regular distribution, and state mandated public access. If Royal Gorge LLC isn't submitting plans, then why this exceptional meeting with the director of planning? Will they ask again, as they did last November, for special review and treatment of their plans, with the public barred?  Or will they ask the director of planning to make other accommodations for their project?

Why would Royal Gorge LLC's project need TLC, such that plans can't go through the "regular" procedure?  The answers are quick: water, power, and sewer.  It will be a colossal waste of the county's time, and the taxpayers money if a CEQA process is initiated when Royal Gorge has not met a minimum test of proving they have a prayer of having enough water for their proposed development, they've made arrangements with PG&E to move those high voltage transmission lines that bisect lake camp, and there's someplace to handle and put all the sewage they're going to generate. Maybe they want the county to take it on faith all those problems will be miraculously resolved, and they want the county to bend rules and let them start their CEQA process (perhaps a milestone for investors) before their problems are satisfactorily resolved. That sounds like a recipe for an incomplete, muddled CEQA, rife with errors, and bound for lengthy court battles-- just what Placer County needs.

Let's hope, especially after Placer County and Royal Gorge LLC's public records fiasco (which also must have had quite a PR downside for a developer claiming to be "open"), that this time around, Placer County doesn't bend the rules that apply to everybody else for B.A.D., as that would be very, well, bad indeed.