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1997-10-08J Town of Truckee ZONING ADMINISTRATOR MEETING October 8, 1997 2:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, California MINUTES CALL TO ORDER. The meeting ~vas called to order at 2:05 p.m. PUBLIC COMMENTS. None. APPROVAL OF MINUTES. 3.1 September 24, 1997 - Regular Meeting Zoning Administrator Tony Lashbrook approved the minutes of September 24, 1997. PUBLIC HEARINGS. 4.1 97-087/CUP (Conditional Use Permit for Teen Activity Center); Cathexes, Inc., Ron Gaunt applicant/agent; Tahoe Truckee Unified School District, owner; Staff Planner, Gavin Ball. Applicant Steve Randall and Agent Ron Gaunt were both present. No verbal staff presentation was given. Planner Gavin Ball clarified that there was no specific parking standard applicable to the use, but considering the shared parking situation and different time demands compared to surrounding uses, the proposed parking was adequate for the Teen Center. Mr. Ball stated that the applicant may wish to request a waiver of the $1,300 road impact fees, and Zoning Administrator Tony Lashbrook responded that staff doesn't have the authority to waive these fees, however the Town Council does. Mr. Ball clarified this request would have to be initiated by the applicant and could be processed under this conditional use permit application. No questions were asked by the applicant or agent. Zoning Administrator Lashbrook determined the project to be categorically exempt from CEQA review, and approved Conditional Use Permit for Application No. 97-087 subject to the conditions of approval and based upon the findings contained within the staff report. 4.2 97-086/CUP (Conditional Use Permit); Pacific Bell Mobile Services, c/o Delmar Tompkins, applicant/agent; Truckee Sanitary District, property owner, Truckee Donner Recreation and Park District, lessee; Staff Planner, Gavin Ball. Applicant Delmar Tompkins was present. No staff report was given and no new information was received. Mr. Tompkins expressed concern with Condition No. 8 regarding the FAA 7460-1 clearance requirement, and asked the condition to be amended to state that submitting the required clearance form is not required. Mr. Ball stated that FAA personnel in Reno concurred that no permit was required, but that doesn't mean the applicant doesn't need to discuss this issue with the FAA. Zoning Administrator Tony Lashbrook determined the project to be categorically exempt from CEQA review, and approved the Conditional Use Permit Application No. 97-086 with the change noted to Condition No. 8 indicating that the formal FAA approval or demonstration is not required. 4.3 97-033/CUP (Conditional Use Permit); Del Oro Water Company, owner/applicant; Staff Planner, Gavin Ball. Mr. Ball gave a brief staff report explaining the site plan, location of the proposed improvements, and scope of the project. He pointed out that staff recommended adoption of a Negative Declaration with specific mitigation measures sufficiently addressing environmental issues, and an Environmental Impact Report (EIR) for the project is not warranted. Several letters were received regarding this project. He stated that the Fire District commented on the necessary fire hydrant flow requirements, and that the size, design and materials used for the treatment building may be an item of discussion. Mr. Lashbrook asked for clarification on the proposed size of the pump station building, and asked the applicant to address the issues raised in the letters received. Bill Gustafson ofLudorffand Scalamini, the applicant's agent, stated his concerns about the last minute requests for review of alternatives and site design. He stated that the previous owner had problems with the State mandated compliance order for the existing facilities that do not meeting the surface water treatment requirements, and that compliance is needed this year. He stated that the facilities have to be built by next year to meet the State drinking water standards. He mentioned that in terms of the square footage of building areas, the size would be about the same as the existing building footprint. Zoning Administrator Tony Lashbrook opened up the public hearing at 2:30 p.m. Dr. Michael Knott, representing the owners of the property adjacent and to the north of the treatment building, stated that the owner's were trying to improve the access to the property across Gregory Creek which would require a bridge. He stated he would like to work out a solution to the access problem with Del Oro Water to solve t;vo problems at once. He stated that he offered to meet with Mr. Fortino of Del Oro Water Company two years ago to work out this issue, but they never met. He stated that the proposed 26-foot high building wouldn't blend in with the neighborhood and suggested a photo simulation be performed to review the aesthetic impact of the building. He added that sound was a big concern and was Zoning Administrator Meeting October 8, 1997 Page 2 not addressed. He asked if a different site could be located for this project, and that lack of planning on the applicant's part doesn't make this an emergency for the community. Nelson VanGundy, Donner Lake Village Board Member, stated that in addition to his concerns raised in his letter, he hasn't seen justification for the need for the pump building at all since the pumps are located in Donner Lake. David Miller, General Manager for Donner Lake Village Resort, raised concerns with the easement rights of the 20-foot pipeline extending through their parcel to Donner Lake. He stated this was a serious departure from the easement rights granted in 1974, and that 100-foot contact tanks under the resort parking lot far exceed what was intended. He mentioned that a consultant was hired to review the project, and alternative processes are available such as ozonation and membrane filtration options without occupying space, particularly on Donner Lake Village Resort's land. He stated that his attorney Tom Archer's letter raised the issue that the pump station is a matter of convenience, with no physical reason why the pump station is located where it is proposed. Mr. Miller pointed out that the surrounding land uses are residential which was not compatible with an industrial-type use of the project site. Other issues of concern for this project are the long term impacts such as construction, maintenance and repair, underground contact tanks, based on the occupancy levels of Donner Lake Village Inn affecting business. He stated that there was not enough information to make a decision at this time. Zoning Administrator Lashbrook asked about easement rights of the 1983 Title Report with three different conveyances and Attorney Tom Archer's legal opinion. The first two deal with the fireflow system which was installed in conjunction with the construction of Donner Lake Village Resort. Mr. Lashbrook stated that there was not adequate information relating to these easements, and that both attorneys needed to address this issue. He commented that the issues raised by Donner Lake Village Resort were valid, and that Condition No. 13 regarding the construction easement in terms of the parking lot for Donner Lake Village Resort need to be worked out between Del Oro Water Company and Donner Lake Village Resort. Mr. Miller stated that until the easement right was determined, the arrangement to allow the construction easement needed to be further defined. Mr. Lashbrook asked if the information available was sufficient to meet the 2,000 gpm fireflow capacity requirement. Mr. Miller stated that the understanding with the Del Oro Water Company was that Donner Lake Village Resort would get that benefit if the project proceeds which is significant. Dan Wendin, Gregory Place resident, stated there was the need for an alternative for this project. He approached the TDPUD in the spring about the possibility of them being a wholesale water provider in lieu of this project, and the answer was there wasn't enough time. TDPUD indicated it would take a couple of years minimum, but the project didn't get far enough along to determine that. They have the underground water capacity but not the above ground capacity. He mentioned that there was still time to look at alternative sites for Zoning Administrator Meeting October 8, 1997 Page 3 the treatment and pump sites. Mr. Lashbrook pointed out that in his conversation with TDPUD General Manager Peter Holzmeister, the utility district did not express interest in pursuing this project due to time and cost. Mr. Wendin clarified that TDPUD hasn't been asked to consider anything specific, but TDPUD will not pursue this on their own. Barbara Snot, owner of the Donner Lake Country Inn, expressed concern about the size of the 26-foot high building blocking the view of the Lake from her deck upstairs. She also expressed concern about the road noise by putting a bridge across Gregory Creek, asking how long it would take to build. She stated that this project was an inappropriate use of space, although she understands the financial problems. She added that if there was a viable practical solution it should be considered. Mike Sullivan, Civil Engineer, Board of Directors for Donner Lake Village, and property owner, asked how the fireflow issue came about, and how that relates to this project. Mr. Lashbrook replied that issue came about by the Fire District. Mr. Ball stated the Donner Pines and Donner Lake Village Resort projects both required a minimum fire flow and fire system construction of 2,000 gpm in 1975. Mr. Sullivan asked if there ~vas concern by the Fire District that there was not adequate fireflow, and Mr. Ball replied that the fireflow requirement may not be met, and if there was a problem identified, it would need to be fixed now. Mr. Sullivan pointed out that the original easements granted a fire protection system to water purveyors, and there was no intent by Donner lake Village to transfer the property for the purpose of a water treatment system. He added that no one has ever made a presentation before the Donner Lake Village Resort Board of Directors, and that he wasn't aware of any case where Health Services has closed down a water company because of non-compliance. He stated there was a severe conflict given the long term maintenance and other aspects of the existing surrounding land uses, and constructing this building on the corner would set back what the community has been trying to accomplish over the last 30 years. He added that this project needed more discussion with the adjacent property owners and the applicant should look for other alternate locations. Michael Knott, asked if8 hours worth of water came out of the lake, and how big the intake was. Mr. Gustafson replied that the original agreement on the split fire flow was not sufficient capacity, and the storage within the water distribution storage was not sufficient to meet the demand. He mentioned that the Town was just recovering from July 4, 1997. Mr. Knott asked if the lines to the street were adequate, and he suggested working out something. Mr. Lashbrook asked what the current sources of water for the Donner Lake/Del Oro Water Company were and how they changed. Mr. Gustafson replied that springs and intake, and that the lake water was only chlorinated currently. Spring water was negotiated by Sierra Pacific for water rights, which is not practical or feasible. The lake is the only reliable source of water according to Mr. Gustafson. Mr. Knott asked if the existing water pipes would be torn out of Donner Pass Road. Mr. Gustafson responded that the pipes would have to be replaced. Mr. I~ott pointed out that Zoning Administrator Meeting October 8, 1997 Page 4 Del Oro Water might save money by locating the facility across from Wolfe Estates. Mr. Gustafson stated that Del Oro Water Company didn't want to initially put the project on the corner, and spent many hours analyzing different configurations. Mr. Knott restated that information was never received from Mr. Fortino, and he was not sure other sites were considered. Mr. Miller stated that the current water system doesn't support the emergency or operational storage, and the title insurance report it was only supposed to handle fire, was not constructed to handle any operation or emergency water storage, and the easement was dedicated based on the intent of a fire protection system. He pointed out that the use expanded. Mr. Lashbrook stated he needed more information on the three easements identified in the title report from both attorneys citing why they believe they have the rights to the easement s, as well as the need for the project to comply with the Zoning Ordinance and General Plan. He asked Mr. Gustafson about the capital costs, how they would be paid for, and the timing of the project. Mr. Gustafson stated that the PUC gave Del Oro Water a rate increase to 1.7 million dollars, paid for by the increases in rate structure due to the changes in rules recently by the EPA which helped drive up costs. Mr. Lashbrook asked what would be housed in the pump station building, and what is used currently. Mr. Gustafson listed the equipment to be housed inside the proposed facilities. Mr. Lashbrook asked if it was possible to shrink the building perpendicular to the Lake and lowering the height of the building on the pump station, and Mr. Gustafason replied that the building could possibly be lowered. Mr. Lashbrook suggested ~vorking on these items so a decision could be made to provide the Town with a water system that works. Mr. Miller asked about the location of the project on lake front property, and asked why the facility was not located elsewhere. Mr. Gustafson stated that the site can't be arbitrarily relocated explaining carrier signal distortion problems associated with cable runs over 100 feet. Mr. Lashbrook asked if there were other possible locations for the pump house, and Mr. Gustafson answered that the pump house was where it should be, and discussed the need for the physical barrier for disinfection methods. Mr. Lashbrook asked if the pump building could be moved 30 to 40 feet, and Mr. Gustafson responded yes. Mr. Miller suggested the building be located closer to Donner Pass Road. Mr. Lashbrook asked if the chlorine contact tubes under parking lot could be moved, stating that he was trying to find some flexibility in the design. He pointed out that there was the opportunity to clean up and define the easements. He also stated he was concerned with the blocking of views at Donner Lake which was of General Plan significance. He stated that the next issue was the size of the treatment plant and the land use compatibility issue. Mr. Gustafson, pointed out that the buildings across the street were bigger than this proposed structure. Mr. Lashbrook asked what was driving the 26-foot height size, and Mr. Gustafson replied that snow loads and the equipment inside was the reason for the height. Zoning Administrator Meeting October 8, 1997 Page 5 Mr. Lashbrook pointed out that the Zoning Ordinance allows treatment facilities in a residential or commercial area, while a public office was allowed only in the commercial designation. Although this was not the highest and best use for this property, he needed to know how this project relates to adjacent uses and how it appears from the road. Mr. Lashbrook asked what was driving the dual encroachments, and Mr. Gustafson replied the location of mature trees, the need for large vehicle passing movement within the confines of the site, and the vehicles unable to back up safely onto a street were the reasons. Mr. Lashbrook pointed out that gateway sites were important to the community, and this needed further addressing. He suggested that the applicant consider reducing the paved area, and added that he was not sure what affect Mr. Knott's proposal would have on this project. He stated that the Town cannot force Mr. Fortino to talk to Mr. Knott, but can force Del Oro Water and Donner Lake Village Resort to talk to each other. Mr. Gustafson asked how the paving should be reduced, and Mr. Lashbrook suggested curving across and locating one encroachment up. Mr. Gustafson pointed out that the plan was to allow, the vehicles to back up directly inside the building. Mr. Knott asked what the trucks would be hauling, and Mr. Gustafson replied chemicals, once a week. Mr. Knott asked if this traffic issue had been addressed. Mr. Lashbrook asked about mechanical noise. Mr. Gustafson replied that only water running through pipes, a small compressor, and worker noise would occur during maintenance and emergency. Mr. Lashbrook continued the hearing to the November 12, 1997 Zoning Administrator Meeting for the purpose of allowing time for the parties to agree on how facilities could go within Donner Lake Village Resort with some modifications to the site plan. He also requested that both parties provide written legal opinions regarding the ability to use the existing public utility easements for the new facilities. He encouraged both parties to hold discussions about improving the design to work for the neighborhood. He stated that a revised staff report would be published by November 5, 1997 contingent on the information provided from both parties. ADJOURNMENT. The meeting was adjourned at 4:13 p.m. by: Respectfully submitted, TONY LASHBROOK, CommuniIy Develol~ment Director ~ Hol~dministrative Secretary Zoning Administrator Meeting October 8, 1997 Page 6