ACTION ALERT! Ask the Board to Approve the Airola Application “as is” December 4.

Oak Canyon Ranch was a 3000 acre+ development approved in the Copperopolis area. It was not built. After it went bankrupt, the property was purchased by the Airola Family, who had been leasing it and grazing cattle on it for 60 years. The Airolas want to keep it as grazing land under an agricultural preserve. To do so, they need the County to change the general plan and zoning for the property back to agricultural, and to secure an agricultural preserve contract with the County. NOTHING IN THE AIROLA APPLICATION WOULD INCREASE DAILY TRAFFIC IN COPPEROPOLIS. They are also seeking financial contributions from land trusts that would like to secure a longerterm conservation easement on the property.
Some development interests in Copperopolis want the County to condition the approval of the Airola application on an easement for a future road through the property to facilitate future development. They are circulating a misleading petition to pressure the Board of Supervisors to require the road easement.

Please email the Board of Supervisors and tell them:
1) You support the Airola application for an agricultural preserve.

2) You oppose adding a road easement as a condition of approval.

3) The Constitution prohibits the County from taking or forcing the road easement on the property owner.  As Peter Maurer, Planning Director, explained to the Planning Commission, the County is prohibited from requiring a road access easement as a condition to approve the Airola application. There is no “nexus” between the application and some future need for a road. Nothing in the request for an agricultural preserve would trigger a need for an access road for future development.

4) There is no valid agreement for a road easement. The 2007 private agreement for road access between Castle & Cooke and the former owner of Oak Canyon Ranch is no longer valid. As Scott Thayer, Senior Vice President of Castle & Cooke, stated at the 10/23/18 planning commission hearing, “What happened was, when the bank foreclosed on the property, it foreclosed out the agreement, so that’s gone.” The Airolas did not purchase the land burdened by such an agreement. The Board of Supervisors cannot renegotiate the purchase of private land to benefit outside interests.

5) There is a process for considering any needed road in the future. Granting the Airola application for the zoning / land use change and an ag. preserve contract does not foreclose future road options. This was confirmed by the Planning Director, by Kevin Wright, the Ag. Commissioner, and by Julie Moss-Lewis, County Counsel, on 10/23/18. There is a process for taking land out of ag. preserve and reissuing a new contract. The County would have to do an environmental impact analysis first to study the environmental effects of a secondary access road to the area.

6) The Airola application helps future development in Copperopolis. Contrary to the complaints of some in the development community, the Airola application actually helps future development in Copperopolis. By eliminating the Oak Canyon Ranch development, the Airola application frees up road capacity and water supply for use by the remaining approved and proposed developments. This will reduce the need for such extensive road expansions and water supply projects. This will delay the need and reduce the costs of future road and water supply projects.

The County is authorized to condition development applications to reduce the impacts of the new project on health, safety, and the environment. The County is not allowed to impose conditions on applications that do not change the use of the property, and that have no such impacts. If the County gets away with imposing unwarranted and unreasonable conditions this time, it may exact unreasonable conditions when you, your family, or your friends need a County permit or approval.

Send your email to the Board of Supervisors and the Planning Director as soon as possible (but not later than by Monday, December 3) to: mailto:DSeverud@co.calaveras.ca.us or mailto:BoardClerk@co.calaveras.ca.us

Peter Maurer, Planning Director, email: mailto:pmaurer@co.calaveras.ca.us

Better yet, attend the hearing and tell the Board your concerns directly on Tuesday December 4.