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1997-01-22 Town of Truckee ZONING ADMINISTRATOR MEETING January 22, 1997 2:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, California MINUTES o CALL TO ORDER. The meeting was called to order at 2:07 p.m. PUBLIC COMMENTS. None. APPROVAL OF MINUTES. 3.1 January 8, 1997 - Regular Meeting Zoning Administrator Tony Lashbrook approved the minutes of January 8, 1997. PUBLIC HEARINGS. 4.1 96-096/TPM (Tentative Parcel Map); Yvonne Dukes, owner/applicant; Bob Coombs, Coombs Engineering, agent. Recommended Action: Approve the tentative parcel map application subject to the conditions of approval and based upon the findings contained within the staff report; and Determine the project to be exempt from CEQA review pursuant to Section 15315, Class 15 Categorical Exemption of the Act. Applicant Yvonne Dukes and agent Bob Coombs ~vere both present. Greg Bashford and Cindy Bashford were also present. Planner Gavin Ball stated that the two remaining issues were: 1) the validity of the road maintenance agreement; and 2) clarification to the Timberridge Road improvement. He stated that the Town attorney reviewed and agreed with Attorney Robert French's opinion that the current road maintenance agreement was enforceable. He added that Condition of Approval No. 6 is recommended to be modified (January 22, 1997 memorandum) requiring that the Town Attorney and Town Engineer review the road maintenance agreement to verify the adequacy and enforceability at the time the map is recorded. Mr. Ball stated that Condition of Approval No. 3 is also recommended to be amended to require that the owners of Parcel 1 and 2 be responsible for their proportionate share of the road improvement cost if access to Timberridge Road is proposed in the future. He stated that new input was received from Mr. Bashford. Mr. Lashbrook stated that at the last hearing, he requested a legal opinion from the homeowner's association attorney or from Ms. Duke's attorney for review by the Town Attorney. He stated that Town Attorney Dennis Crabb agreed with Mr. French's opinion that the road maintenance agreement was valid and this agreement was enforceable. Mr. Lashbrook added that the road maintenance agreement must also meet this threshold at the time of map recordation. Mr. Bashford asked who will determine the adequacy of the road maintenance agreement. Mr. Lashbrook replied that the Town Engineer and the Town Attorney would determine the adequacy of the agreement. He pointed out that there would not be another public hearing on this project if the road maintenance agreement changes. Mr. Coombs asked if the road maintenance agreement was not amended, why would the agreement need to be reviewed again. Mr. Lashbrook explained that if the agreement is challenged in a law suit, it may require another review. He added that the Town Attorney will be advised ifa la~v suit arises, but based on the recent review of the road maintenance agreement, the document appears adequate. Mr. Lashbrook stated that he would act on this application based upon the evidence within the record and he pointed out that no substantial, factual evidence was presented to conflict ~vith Mr. French's legal opinion, only hearsay. His primary concern is ensuring that there is a mechanism in place to provide for maintenance of the private road serving the subdivision. Ms. Bashford asked about the Fire District's 1,000 foot hydrant requirement and the road improvement cost calculation. Mr. Ball explained that only one access is needed for the 1,000 foot hydrant requirement and that proposed Parcel 1 and 2 must access Alder Drive to meet the condition, unless another hydrant is installed. Future access from Timberridge Road will also require the Alder Drive access to be maintained consistent with the Fire District requirements. He stated that access to meet the fire districts requirement would be built to private driveway standards. He added that based upon how many properties are served by the road determines the cost of the improvement. Zoning Administrator Tony Lashbrook approved Application No. 96-096/TPM with the conditions in the staff report and the revisions to the conditions stated in the January 22, 1997 memorandum regarding the project. He also mentioned that the Town received Mr. Bashford's January 22, 1997 letter with the attached letter dated April 1, 1994 from Attorney Gregory T. Shanley, which will be submitted to Town Attorney Dennis Crabb. He stated there was a 1 O-day appeal period to the Town Council and that the map could not be recorded until after that time. ADJOURNMENT. The meeting was adjourned at 2:45 p.m. Respectfully submitted, TONY LASHBROOK, Community Development Director '~elly Hg'I~a, Administrative Secretary Zoning Administrator Minutes January 22, 1997 Page 2