The Amador County Planning Commission may not have adjourned until sometime after 11 Tuesday night, but not before certifying the final environmental impact report for the Wicklow Way subdivision, a 201-acre housing development that wraps itself around two Martell department stores.

Conquering this hurdle allows the applicant to take the next steps toward project approval.

Planning staff member Heather Anderson refreshed the commission's memory of its guidelines for approval. "It should be noted an EIR is a disclosure document prepared for the purpose of informing governmental agencies and the public of the general environmental impacts of the completeness, and a good-faith effort at full disclosure," she said. "Certification of the EIR is not a decision on the project. That action can only be considered after the EIR has been certified."

Since April 2007, when a draft EIR was first considered, the commission has plowed through a paper-paved pathway of one flawed EIR, a revised draft and, on Tuesday, a second swipe at a final EIR.

The last commission meeting was continued on the acceptance of a request from Lemke Construction, the applicant, to return with responses addressing a dozen open issues raised by the commission and members of the public. Lemke representative Susan Larson also offered a first look at all the project's conditions of approval.

As if weighing what has been called "the largest proposed subdivision in county history" wasn't enough, the commission has also been confronted at every turn by the severe impacts Jackson officials say will be felt by the nearby city. Although the survey lines show the development property to be located in an unincorporated area of the county, services for water and emergency response could fall to the city. As a result, a written agreement between the city and the county must be drafted.

"An essential services fee (for law enforcement) is necessary to be established through fiscal analysis," said Jackson Planning Director Susan Peters. "Impacts were not adequately addressed. Statements of overriding consideration do not address financial responsibilities."

The applicant countered that it is providing funds for four full-time sheriff's deputies, vehicles and uniforms.

Of greatest concern was the lack of a fiscal analysis on the project. The developer maintained that there are no requirements in state law to provide this type of documentation.

Kathy Allen, representing Amador Citizens for Smart Growth, contended that a fiscal analysis should be a priority amid the current nationwide economic downturn. "Saddling the county with a project of unsold houses creates a potential condition of blight," she said. "CEQA identifies blight as a legitimate impact."

She continued to explain that, without an analysis, public benefit versus economic drain couldn't be determined and criticized the decision to approve a final EIR without one. "Not providing an analysis speaks loudly to the level of cooperation and concern this applicant truly holds for the county of Amador," she said after the meeting. "It does not indicate a good partnering."

Tom Infusino, attorney for Foothill Conservancy, shared Allen's apprehensions and cited CEQA measures that address consideration of "costs to eliminate impacts, fiscal impacts on neighboring communities and growth inducing impacts," saying, "What type of jobs are commercial properties providing and what will they earn?"

The other open item of concern was water and wastewater. John Kirkpatrick, a neighboring property owner and former county auditor, was not satisfied with the level of detail on wastewater transmission. "I understand how you're going to get it there," he said. "What I want to know is how you're going to get it out of there?"

Commissioner Andy Byrne inquired about the detail of water reclamation planning. "Does a reclamation plant have to be in place in order to meet the demands of this project?" he asked.

Amador Water Agency engineering and planning manager Gene Mancebo responded to those concerns. Responding to Byrne, he said, "Do you have to have a reclamation plant to meet the water demands in this water supply assessment identified up to 2030? No."

Determining the CEQA document was adequate to the required findings, the commission unanimously awarded certification of the final EIR. At the Nov. 18 meeting, it will focus on project conditions of approval.