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Board upholds planning director on Winchester stormwater rule; allows alternatives to dry wells
Summary
After extensive public comment and historical review, the Board denied the applicant's appeal and upheld the planning director’s determination that alternative stormwater best management practices under the West Placer design manual may satisfy a longstanding dry‑well condition in the Winchester subdivision.
The Board of Supervisors on Tuesday denied an appeal from the Winchester subdivision applicant seeking removal of an historic condition of approval that requires dry wells and filter strips, instead upholding a Planning Director determination that alternative stormwater best management practices (BMPs) listed in the West Placer Stormwater Quality Design Manual may satisfy the condition on a lot‑by‑lot basis.
Planning staff summarized a complex documentary history going back to the subdivision’s 1993 EIR and Board certification. Staff said the 1993 Board discussion and findings included language indicating roof drains and dry wells were not required as mitigation, but county counsel’s subsequent review found the final conditions of approval still included the dry‑well language; planning staff stated the condition has been enforced since and that a director’s interpretation was the practical mechanism to resolve the discrepancy now.
The applicant, Jerry Johnson, argued the Board had intended to eliminate the dry‑well requirement in 1993 and that homeowners have been compelled to install a problematic infrastructure that often fails on non‑percolating soils. Winchester Community Association leaders and other residents supported allowing flexibility and recommended alternatives. Planning staff recommended denial of the appeal, concluding the proposed interpretation aligns with the original Board intent while ensuring that modern, locally appropriate BMPs govern lot‑level design.
After extensive public comment and questions from supervisors about who bears costs and how many homes are affected, Supervisor Gustafson moved to deny the appeal and uphold the planning commission’s approval of the Planning Director’s determination; Supervisor Gore seconded. The motion carried; one supervisor recorded an abstention. The board instructed staff to apply West Placer manual alternatives in project reviews and to coordinate with the Winchester Community Association on any CC&Rs or implementation steps.
