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HomeMy Public PortalAboutAppeal of the Zoning Administrator's Action on Application no. 95-108/TPM TOWN OF TRVC-IE y > 000 I. nreea ;• roc.t MEMORANDUM DATE: Memo Prepared - April 24, 1996 Hearing Date - May 2, 1996 TO: onorable Mayor and Members of the Town Council FRO ony Lashbrook, Community Development Director RE: Public Hearing to Consider an.Appeal of the Zoning Administrator's Action on Application No. 95-108/TPM (Marsh Tentative Parcel Map). Applicant: Brian and Cindy Marsh. Appellant: Pacific Property Acres, Inc. AGENDA ITEM: APPROVED BY: Stephen L. Wright, Town Manager RECOMMENDATION Staff recommends that the Council deny the appeal and uphold the Zoning Administrator's action and direct staff to prepare a resolution of action with findings. BACKGROUND The Zoning Administrator considered the tentative parcel,map application at public hearings held on January 24th and March 27th. The applicants propose to divide an approximately 25 acreparcel into one parcel of ten (10) acres and a remainder of approximately 15 acres. The Zoning Administrator approved the application With several conditions including requiring an easement and offer of dedication through the subject property. An appeal to.the Town Council has been filed on the application by the adjacent property owner, Pacific Property Acre Inc. V, t Memo to Town Council re: 95-108 Appeal,5/2/96 Page 2 DISCUSSION Zoning Administrator Action: The Zoning Administrator as a condition of approval required that a 60' access easement be offered for dedication from the site's northern encroachment onto State Highway 89 to the western property line of the site. The easement partially follows the existing alignment of Sha-Neva Road but veers off northeast towards the northern highway encroachment while Sha-Neva Road continues eastwards to a different highway encroachment. CalTrans has previously stated that this southern highway encroachment does not meet their standards for separation from the Interstate 80 on-ramp and will require that this encroachment be closed off when additional traffic is placed onto Sha-Neva Road. The Zoning Administrator required the access easement to the northern highway encroachment in order to provide legal and sufficient access to Highway 89 for future commercial development on Parcel 1 and for future industrial development on the appellant's parcels. In his review, the Zoning Administrator analyzed the easement alignment for General Plan consistency and to ensure it would not adversely effect the residential area of the Coachland Mobile Home Park or the existing access to the Sha-Neva industrial operation. The Zoning Administrator concluded the approved easement was the best alignment for the road to serve Parcel 1 and the industrial parcels located to the west. Road improvements were not required for the project as road improvements can be determined and required at the time of commercial development on Parcel 1 or the remainder. Background on Highway 89 Encroachments: In 1980 the California Transportation Commission designated this portion of Highway 89 as a controlled access highway which limits the number and location of encroachments which can be made onto the highway. As part of that action, the Nevada County Board of Supervisors and the CTC approved a new public road connection at the northeastern corner of the project site where the existing encroachment to the Coachland Mobile Home Park is located. The southern highway encroachment (Sha-Neva Road) is eventually to be closed with all parcels in the area, including the Sha-Neva industrial area, accessing the northern highway encroachment. CalTrans in the interim is allowing Sha-Neva Road and the southern encroachment to remain open as long as no additional traffic not previously considered by CalTrans is placed on the road. Appellant's Appeal and Arguments: The appellant's appeal focuses on the access easement and offer of dedication required through the project site. It is staff's perception that the appellant's main objection is to the alignment of the easement and its connection with Sha- Neva Road. With this alignment, the southern highway encroachment will eventually be closed and all traffic from the project site will access Sha-Neva Road and the northern highway encroachment. The appellant provided input at the Zoning Administrator meeting that the Zoning Administrator should consider an easement alignment along the northern property line to serve the remainder, Parcel A, and future development in the industrial area to the west while the existing Sha-Nevada industrial operation could continue utilizing Sha-Neva 1, Memo to Town Council re: 95-108 Appeal,5/2/96 Page 3 Road and the southern highway encroachment. The appellant provides three arguments to the appeal: 1. General Plan Inconsistency; 2. Failure to Require Easement Holder Consent to Offer of Dedication. 3. Failure to Require Reimbursement. General Plan Consistency: The appellant states the project conflicts with Circulation Policy 1.1, Circulation Policy 1.8, and Noise Policy 1.4 of the General Plan. These policies are: Circulation 1.1 - Plan, design, and regulate roadways in accordance with the functional classification system described in this element and shown on the Circulation Plan. Develop and adopt roadway standards as part of the Development Code. Circulation 1.8 - Require the preparation of traffic impact analyses to identify impacts and mitigation measures for projects which may result in significant traffic impacts. Level of Service shall be computed according to planning methodology as documented in Circular 212, Interim Materials on Highway Capacity, Transportation Research Board, January 1980. Cumulative impacts shall be modeled assuming full build-out of the General Plan. Noise 1.4 - Establish truck routes outside residential areas. In response to the appellant's statements, the Zoning Administrator identified the proposed road alignment as the best circulation route and design to serve the 125 acre commercial and industrial area. Residential traffic from the Coachland Mobile Home Park will intersect with the proposed road approximately 100 feet west of Highway 89. Residential traffic will mix with commercial and industrial traffic on the new road alignment for only this 100 feet portion and the intersection will be designed and improved to ensure proper sight distance and traffic safety through the development application approval process upon future development of the project site. The project conditions require that the road design be prepared by the applicant and approved by the Town Engineer before the easement is formalized by recordation of the parcel map. There is no evidence that this interaction of traffic at the intersection will result in conflicting uses or noise impacts on the residences. Furthermore, a northern road alignment will serve Parcel 1 and substantial vacant industrial acreage to the west. This road will run parallel to Coachland Drive and will be approximately 100 feet from the residences on Coachland Drive. Assuming that development occurs in accordance with the General Plan, this road alignment would have commercial and industrial traffic in amounts exceeding current traffic levels on Sha-Neva Road. Also, a northern road alignment would require any commercial development on Parcel 1 to be oriented towards the north and Coachland Mobile Home Park. The proposed road alignment approved by the Zoning Administrator would allow commercial development on Parcel 1 to be oriented towards the south which would eliminate or reduce land use compatibility conflicts with the mobile home park. In staff's opinion the • I. Memo to Town Council re: 95-108 Appeal,5/2/96 Page 4 approved road alignment would result in less land use compatibility conflicts, including noise, between the commercial/ industrial area and Coachland Mobile Home Park than any other road alignment including the northern alignment and is not inconsistent with the General Plan policies identified in the appeal. The purpose of the road alignment is to serve the approximately 125 acres of land in this area designated commercial or industrial. It is not intended to serve as a connector road; the Tahoe Donner secondary road will connect with Highway 89 north of Coachland Mobile Home Park. Traffic studies were not required for the subdivision because of the limited scope of the project. However, the road alignment was reviewed by Community Development Department staff and the Town Engineer to determine the best road alignment to serve Parcel 1 and the area to the west. Any road to serve new development must access the northern highway encroachment, and the question is "What is the best location of the road to serve Parcel 1 and the area to the west?". As discussed above, a northern road alignment would be located close to Coachland Mobile Home Park and would have greater impacts on the residents of the mobile home park. The proposed road alignment connects with and utilizes the existing Sha- Neva Road alignment as much as possible and orients commercial and industrial development away from the mobile home park. The approved road alignment will necessitate the eventual closing of the southern highway encroachment, however the alignment and offer of dedication will accommodate existing and future development on the appellant's property and will give the appellant legal access through the subject property to the northern highway encroachment upon acceptance of the offer for public access (but not for maintenance). The proposed easement also connects with the existing easement located on the Pacific Property Acres parcels which has been previously offered for dedication. Road improvements necessary to serve existing and future traffic levels and vehicle types will be required for any future commercial or industrial project in the area. As a side note,.the.southern highway encroachment does not meet CalTrans standards for separation between encroachments and the westbound on-ramp for Interstate 80. This is the primary impetus for closing the southern highway encroachment and constructing a new public road connection at the northern encroachment location. Circulation Policy 1.23 states "Work with CalTrans to address existing deficiencies with State Highway facilities, such as low overpasses and the narrow State Route 89 South railroad underpass." The approved road alignment and Zoning Administrator's action supports this General Plan policy. Failure to Require Easement Holder Consent to Offer of Dedication: The appellant states the approved road alignment will significantly burden their non-exclusive easement across the subject property and the consent of the appellant should be required for any offer of dedication on the subject property. The appellant does not provide any reasons or discussion of how the alignment will burden their easement or legal references requiring their consent to the offer of dedication on the subject property. As discussed above, the mixing of existing industrial traffic and Coachland residential traffic on an adequately designed and improved road is not incompatible and does not pose a traffic hazard. The Town Attorney stated this argument, to • Memo to Town Council re: 95-108 Appeal,5/2/96 Page 5 require an easement holder to consent to offer of dedication on another party's property, has no legal basis. Failure to Require Reimbursement: The appellant's third argument refers to a previous agreement between the appellant, the property owner of the subject property, and the owner of Coachland Mobile Home Park for the construction of the northern highway encroachment. The appellant states the road alignment destroys their benefit under this previous agreement and the value of their existing southern highway encroachment access because the purpose of the northern highway encroachment was to segregate the existing industrial traffic on Sha- Neva Road from the residential traffic of Coachland Mobile Home Park. The purpose of the new public road connection (the northern highway encroachment) was to provide a new highway encroachment to serve this area and provide for the eventual closing of the existing southern highway encroachment which does not meet CalTrans standards. The Zoning Administrator's action will result in a road alignment which utilizes the existing Sha-Neva Road alignment as much as possible and provides legal access to Parcel 1 and the industrial area to the west including the appellant's property and industrial operation. The road improvements from Sha-Neva Road to the northern highway encroachment will be required for the first new commercial or industrial project which will utilize the new road alignment. Any private agreements between the property owners regarding road improvements is between the property owners, and the Town is not a party nor should be involved in rectifying any disputes of these agreements. The Town Attorney stated this argument, to require the applicant to reimburse the appellant of road costs and detriments, has no legal basis Conclusion: The Zoning Administrator and staff made a substantial effort to facilitate an acceptable solution that would address the concerns of all parties. However, it was exceedingly difficult to understand the concerns being expressed by the various parties and how they might be addressed within the context of the Town's review of a parcel map. PUBLIC COMMUNICATION This public hearing was noticed in the Sierra Sun, and public hearing notices were mailed to affected property owners within 300 feet of the subject property. This item was considered by the Zoning Administrator in a similarly noticed public hearing. Attachments 1. Appellant's appeal form 2. Approved Tentative Parcel Map 3. Zoning Administrator Approval Letter 4. Zoning Administrator Minutes 5. Zoning Administrator Staff Report and Correspondence RECEIVED APPEAL REQUEST 95-108/TPM APR 08 1996 Case Name/Number of Project being Appealed: Type of Project: (i.e. use permit, parcel map, area variance, zoning change, !t!!J N OF TRUCKEE COMMUNITY DEVELOPMENT DEPT. Tentative Parcel Map Project Description: Division of 25 acre parcel into 10 . 4 acres and a 15 acre remainder I/we hereby appeal the action taken on this project as follows: Project Description: 1. Detail what is being appealed and what action or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. Attach additional pages if necessary. See Attachment 2. State why you are appealing - be specific. Reference any errors or omissions. Attach any supporting documentation. See Attachment 3. Please provide a summation of your arguments in favor of the appeal. See Attachement 4. State the changes or action requested of the hearing body. Denial of tentative map as proposed I/we certify that I/we are the: /, Legal owner(s) Authorized Legal Agent(s) XX Other Interested Persons " / /�00r Name: Pacific Property Acres , Inc. Signat 'e!yAppellant(s) /70 .-) !, Address: c/o Tamietti Law Offices Date: /7 / 10020 Church St. , Suite 1 666 1-- k-\ Truckee, CA 96161 Date Accepted by Town: � 8�% Telephone: 587-8700 FORMS14 APPEAL Community Development Department 11570 Donner Pass Road Truckee, California 96161-4947 Pacific Property Acres, Inc. Appeal of 3/28/96 Decision of ZA Re.: 95-108/TPM Appellant, Pacific Property Acres, Inc., is an adjoining landowner of the property immediately to the west of the Applicant's property, and the holder of a non-exclusive easement across the property of Applicant and the remainder parcel. Pacific Property Acres, Inc., brings this appeal on three grounds: (1) General Plan . inconsistency; (2) Failure to require consent of Pacific Property Acres, Inc., as easement holder, to the required offer of dedication that burdens its easement; and (3) Failure to require Applicant to reimburse Pacific Property Acres for improvements previously required. Summary of Arguments: General Plan Inconsistency. The project, as accepted by the Zoning Administrator ("ZA"), conflicts with General Plan Policies Circ. 1.1, and 1.8, and Noise 1.4. First, the accepted road alignment, coupled with the comments from the Town Engineer regarding his interest in closure of the existing southern access encroachment (Sha-Neva Road), will mandate the interaction of heavy industrial trucks with private personal vehicles at an intersection that serves as a commercial access and a residential driveway. This contradicts the general policy of discouraging conflicting uses, and the more specific Noise. 1.4 policy relating to truck routes. This proposed road alignment also reintroduces a serious public health and safety issue that was previously resolved through the separation of the Coachland residential access from the industrial uses existing and contemplated for the existing southern encroachment at the intersection of Sha-Neva Road and Highway 89N. Second, the requirement in section 4 of the ZA ruling of the offer of dedication of the 60ft easement to the western edge of the Applicant's property infers that the Town is considering this road as a possible connector secondary road, or as the feeder for all contemplated uses in the properties west of the Applicant's property. This ad hoc decision, made without the requisite traffic studies, and without the General Plan policies in the circulation element requesting such dedicated access, and without the eventual requisite functional classification of this proposed road (Circ. 1.1), would set precedent for those intentions ad hoc, in contradiction of Circ. 1.1, 1.8, and Noise 1.4. 1 Failure To Require Easement Holder Consent To Offer Of Dedication. This proposed road alignment will significantly burden the non-exclusive easement of Pacific Property Acres over the property of the Applicant and the remainder parcel. Coupled with the implications from the offer of dedication discussed above, and the comments from the Town Engineer regarding his intention to encourage closure of the existing southern encroachment also discussed above, this road alignment would de facto mandate the routing of through residential an commercial traffic through existing industrial uses. Respectfully to the ZA, that use is patently incompatible, and an unnecessary burden of Pacific Property Acres. For those reasons, the ZA should have required the consent of Pacific Property Acres to the offer of dedication required in Section 4 of the March 28, 1996 decision. Failure To Require Reimbursement. Appellant, adjoining owner Coachland, and the owner of the remainder parcel each contributed more than one hundred thousand of dollars to construct a second access encroachment at the northern edge of the remainder parcel. That second access encroachment had the salutary purpose of segregating the traffic generated from existing and proposed residential uses and the contemplated commercial uses, from heavy truck traffic generated from existing and contemplated industrial uses on property designated for that purpose in the General Plan. The proposed road alignment, coupled with the comments of the Town Engineer regarding his apparent interest in seeing the southern encroachment closed, de facto mandates the reconsolidation of these two generally incompatible traffic uses. This arrangement destroys the benefit of the prior bargain under which Pacific Property Acres contributed $26,053 for construction of the northern encroachment that it was not otherwise obligated to contribute, and further destroys the value to Pacific Property Acres of the remaining vitality and use of the existing southern access encroachment to Highway 89N for industrial uses. The ZA should have required the Applicant to reimburse Pacific Property Acres for these costs and detriments associated with the project, as proposed. 2 iwit . • xA gP TENTATIVE PARCEL MAP NO. 95-108 III!16-110-04 sJ _. , 1 tem 9 il ' I ewcxuxe uowu xwe•NM -Cr- LEGEND LPN iawFm — / / Ie7V9lSP"'°••r v�„�'L D ..�..:.. _ /' %u'"13"`cif a e0Caaiwr` .. A .......:.. =�� -/ P ��/' i, /11EAWaEe OF A SI'e f_--Tji!✓ �\// CONTIGUOUS LAMS . ..ea •m.r..m NOTES .i,r � \//'/ 4.'El" DX 10-no-oe ........... APN 10-400-11 ,.P` 0.1.4.4•4.� \' M.•,LmfTnm.. " -- cruna IN ... r Mee 113 . . —Mitre r:Til i samosa a ex in rat nottarto•ism.tut to••••tau ,r rr, ___•••• t-swift I, . ......._.� `7tn ' : eaarvsa..fPARCEL I n ......:.o_.,......... ...... . r I OA AtliL. unnucerwrtet au tem s•inn on s••••• --•••, APN 19-420.70 g0 le .......,....,.. _ LOT 4 : 1 r` ,...,,. .s wi' .. ... SIN .m`...': If P.M. 100 . . ' ! 0 1.' =r &teas / —.v v\-- ----.5---!...- B \ _ 43 ' on 16��10 �... v_ = •.—.—._ �= `/A 11 1 tx �tunic tmsncs arou 00 xwn�.cerunrrmTem •P11 t•m-o1 F16m ..:.t..��.� muI lam a- ♦♦MELTE rwuc rw.xn 1 PI aallooNG NI TENTATIVE PARCEL MAP r•m x w[IN.um cm u nn TOM OF M CKE c.UFafN _Sun 1 TOWN OF Planning Division Building &Safety Division (916) 582-7876 (916) 582-7820 FAX(916) 582-7710 • f °> FAX (916) 582-7889 ;•• mg-- March 28, 1996 Brian and Cindy Marsh P.O. Box 248 T ack�c, CA xis jet/to V i t C4 o/ ,/e/s/ RE: Application No. 95-108/TPM (89/80 Properties Tentative Parcel Map) Dear Mr. and Mrs. Marsh, At the March 27, 1996 meeting, the Town of Truckee Zoning Administrator considered your tentative parcel map application to divide an approximately 25 acre parcel into one (1) parcel of 10.4 acres and a remainder of approximately 15 acres. The Zoning Administrator acted to approve your tentative parcel map application subject to the following conditions: 1. The tentative parcel map is approved for the division of APNs 19-410-07/19-420- 02 into one (1) parcel of approximately 10.4 acres and a remainder of approximately 15 acres as shown on the approved tentative parcel map and as modified by these conditions of approval. The applicant shall submit parcel map check prints, all required information, and applicable fees to the Planning Division for the review and approval of the parcel map. The parcel map shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. The parcel map shall be recorded within 24 months of the date of approval, otherwise the approval of the tentative parcel map shall become null and void unless an extension of time is granted by the Zoning Administrator pursuant to the Subdivision Ordinance. The applicant is responsible for complying with all conditions of approval and providing evidence to the Planning Division of such compliance with the conditions. 2. Prior to recordation of the parcel map, the applicant shall pay a recreation mitigation fee in the amount of$750 ($750 per newly created parcel). Proof of payment of this mitigation fee shall be submitted to the Planning Division. 3. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. The parcel Community Development Department, 11570 Donner Pass Road, Truckee, California 96161 Letter to Marsh,#95-108/TPM 3/28/96 Page 2 map shall not be recorded until all outstanding fees are paid to the Town. 4. The applicant shall offer for dedication a 60-foot right-of-way for road and utility purposes as shown on the modified tentative parcel map submitted on March 22, 1996. The right-of-way shall extend from the eastern property line of Parcel 1 to the northernmost driveway encroachment onto State Highway 89 within the remainder. The applicant shall also offer for dedication a 60-foot right-of-way for road and utility purposes along Sha Neva Road within Parcel 1. The offers of dedication shall be made in accordance with the requirements of the Town Engineer. The Town Engineer may require improvement plans and other information from the applicant to ensure a Town-standard commercial road may be constructed within the alignment and width of the right-of-way. 5. Prior to recordation of the final map, the applicant shall provide the Nevada County Department of Environmental Health with "proof of service" from the appropriate public agencies for public water and sewer. The applicant shall be responsible for providing the Planning Division with documentation from the Department of Environmental Health stating that this condition has been met. Please be advised that the action of the Zoning Administrator may be appealed to the Planning Commission within 10 days of the Zoning Administrator's action. The Zoning Administrator's approval shall not become final until such appeal period ends. Enclosed for your information is an application appeal form. In order for the Town Engineer to consider the filing of your parcel map, all conditions of approval must be met. In addition, a check print of the parcel map, other required information, and application deposit fee of$500 must be submitted to this office. If you have any questions regarding the Zoning Administrator's action, compliance with conditions of approval, or submitting your parcel map for review, please do not hesitate to contact me. The Town of Truckee application fees for processing your application are $854.95. You will receive a refund check in the amount of$1,645.05 from the Town Finance office in approximately two (2) weeks. Enclosed for your information is a copy of the Planning Refund Request form. Sincerely, Duane Hall Associate Planner CC: Jim Porter, Porter Simon Law Offices Robert Tamietti Janet Mann, Nevada County Department of Environmental Health Jon Lander, Public Works Director Town Council Community Development Department, 11570 Donner Pass Road, Truckee, California 96161 Town of Truckee ZONING ADMINISTRATOR MEETING March 27, 1996 2:00 P.M. Truckee Donner Public Utility District Front Conference Room 11570 Dormer Pass Road,Truckee, California MINUTES 1. CALL TO ORDER Meeting called to order at 2:00 PM. 2. PUBLIC COMMENTS. None. 3. APPROVAL OF MINUTES. 3.1 March 13, 1996 - Regular Meeting - approved as written. 4. PUBLIC HEARINGS. 4.1 95-079/AV; (Hatfield Area Variance); Verle Elaine Hatfield, owner/applicant. Mrs. Hatfield stated that she read and agreed with the staff report. Ball mentioned that one comment was received from adjacent property owner, Irwin Major, in agreement with the accuracy of the site plan and the modifications in the proposal. Zoning Administrator Lashbrook approved the applicant's request based upon the conditions and findings stated in the staff report. 4.2 95-114/TPM; (Vizino-Martis Valley Bluffs Tentative Parcel Map); Walt and Jane Vizino, applicants were both present. The applicants stated they reviewed the staff report. Hall stated that there was no input received and that there were no changes to the staff report. The applicants inquired about the driveway encroachment on Cheyney Drive and requested the elimination of the last two sentences of Condition 3B. The applicant also asked for clarification on the encroachment permit as well as the open space easement with respect to the view line. Lashbrook explained the requirements of the encroachment permit and the purpose of the site line for the open space easement. The applicants inquired about bonding the road work. Lashbrook explained the requirements and procedures for bonding the road in addition to the procedures for final map submission. Zoning Administrator Meeting Minutes March 27, 1996 Page 2 Lashbrook approved the Tentative Parcel Map with the one change to Condition 3B of the staff report by striking the last two sentences. 43 95-119/CUP-AV; (The Swedish House Bed and Breakfast); Robert Showen, applicant and Peter Gerdin, the applicant's representative were both present. Hall stated that no comments were received on this project. Gerdin discussed Condition 15 regarding traffic control or signage which discouraged public use of the parking lot. Hall discussed the purpose of the applicant's request for variance to the Downtown district requirements. The applicant stated that he supported a trial condition and expressed concern that the residents may complain. Lashbrook explained that the intent of the Downtown district was to ensure that there be enough public parking added to the Downtown to compensate for new demand. Lashbrook approved the Conditional Use Permit with the addition to Condition 15 to read: Upon operation of the hotel, the Town Planner may review the parking situation to ensure the condition is not unduly restricting use of the parking lot by patrons of the hotel. If so, the Town Planner may approve signs or traffic control devices which reserve parking spaces for use by the hotel. 4.4 95-108/TPM; (89/80 Properties Tentative Parcel Map); Brian and Cindy Marsh, applicant, Jim Porter, applicant's representative, John Black of Vail Engineering, Bob Tamietti, representative for the Shanes, and the Shanes were all present. Hall presented a brief update and stated that the applicants have been exploring alternatives to their parcel from State Route 89. Hall explained that, in response to the questions and comments raised at the January 24th hearing, the applicant submitted a modified tentative parcel map proposing that the new easement be created. He stated that staff supported the alignment since there was no substantial adverse affect on Coachland or the Forest Service parcel regarding future traffic. He also discussed the comments received from MAPF and Coachland Mobile Home Park. Hall also discussed the General Plan land use for this property as well as to the property to the west and that the Sha Neva industrial area had room for development which would require future onsite and offsite use potential. Jim Porter, the applicant's representative, mentioned that the alignment ties into Sha Neva Road that had a non-exclusive easement. He pointed out that John Black from Vail Engineering was present to answer any questions regarding the road design. Porter presented a letter from Mr. Bergin advising that the 89/80 properties had no objection to the road along the northern property line or the southerly alignment. Zoning Administrator Meeting Minutes March 27, 1996 Page 3 Lashbrook explained that Mr. Bergin must sign the map in order for the proposed alignment to go forward. Porter requested that the applicant not be required to make an offer of dedication. Lashbrook discussed the offer of dedication in the staff report and explained that relative to General Plan consistency,his opinion was that significant growth potential planned to the west of Parcel 1 presented the need for future public access. He added that he was inclined to require an offer of dedication throughout the subdivision as part of the condition of this map. Lashbrook added that the Town must make the finding of General Plan consistency and that he didn't want to landlock the property to the west as a function of this map. Bob Tamietti, representing the adjoining property owners, stated his concerns with the alignment. His biggest concern was safety and that segregating heavy industrial truck traffic from non-industrial traffic by funneling industrial traffic to the southern road and the non-industrial traffic to the other road would be the preferred alignment. Lashbrook discussed with Tamietti the latest correspondence received from Caltrans and explained that the County's Road Impact Fee applied only to regionally significant roads. Lashbrook disclosed that he received a phone call from Mrs. Gales regarding engineers from Sylvester Engineering who mentioned the pursuit of a road along their property line as part of the Marsh project. He stated that he faxed a copy of the current tentative map with the new"S"alignment. Mr. Gales responded with a letter supporting the tentative map and opposing a road on the northern alignment. Lashbrook believed the problem with the southerly encroachment was that it didn't meet the Caltrans safety standards for separation from freeway on-ramps. Tamietti stated that the issues were: freeway proximity, the increment of burden on that access point attributable to Coachland traffic, and the safety issues associated with mixing industrial with non-industrial traffic. Kelly Shane pointed out that traffic problems in past from sharing the current access road with Coachland. Porter stated they have an agreement with property owners on the location of the road and felt that having two access roads separating road traffic was not the best design. John Black of Vail Engineering stated that this new proposed alignment was clearly the preferred alternative from a safety standpoint. He viewed the current Sha Neva approach onto the Highway as something that would become obsolete given the amount of potential developable real estate in that area. Brian Marsh pointed out that the new left turn lane was brought about due to the desire of Coachland to expand. Lashbrook closed the public hearing and briefly discussed the project review criteria. Zoning Administrator Meeting Minutes March 27, 1996 Page 4 He then asked Town Engineer Lander for his comments regarding the proposed road design and its safety. Lander provided his input regarding Caltrans and the alignment of the road. He stated that the best solution would be to connect to the existing route crossing the southern property to provide for future access for western properties. Lander stated that the safety issue associated with the residential street intersecting with a mixed-traffic road was no different than other Town roads and could be addressed by having a realistic design and storage space for the Coachland residents and highway traffic. Lashbrook stated that he wanted to ensure the condition was worded adequately before that easement was committed to record and that there be an adequate design. Lashbrook asked if it was Lander's experience generally with controlled access expressways that Caltrans position was strong on limiting the number of encroachments that occur on those roadways and Lander confirmed. Lashbrook approved the tentative map as presented with a change in Condition 4 indicating that a preliminary design of the proposed improvements be provided before the map is recorded to ensure, to the satisfaction of the Town Engineer, that the proposed easement is in the proper location and adequate in width. In addition, he added the requirement to extend the offer of dedication to the west through Parcel 1 to accommodate future growth. This was necessary to provide General Plan consistency. He explained that this action was subject to appeal to Town Council with a 10-day appeal period. Lashbrook closed the public hearing. 5. OTHER BUSINESS. None. 6. ADJOURNMENT. The meeting was adjourned at 3:10 PM to the next regularly scheduled meeting on April 10, 1996. Respectfully subm'. - T.- . : •ok, Community Development Director • , OFTRUCKEE A11lST: Kelly Holm dministrative Secretary Approved the 10th day of April 1996; Town of Truckee Zoning Administrator. c:\wpdocs\zoning1032796zamin Town of Truckee ZONING ADMINISTRATOR MEETING January 24, 1996 2:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road,Truckee, California MINUTES - 1. CALL TO ORDER. The meeting was called to order at 2:06 P.M. Community Development Director Tony Lashbrook stated that the purpose of the Zoning Administrator is to provide a hearing officer for projects that are relatively small in scope and usually non-controversial that do require public hearings. 2. PUBLIC COMMENTS. None. 3. APPROVAL OF MINUTES. 3.1 January 10, 1996 - Regular Meeting minutes approved as written. 4. PUBLIC HEARINGS. 4.1 95-108/TPM; (89/80 Properties Tentative Parcel Map); Brian and Cindy Marsh, applicant. Lashbrook stated that 2 letters were received expressing concern of future industrial use on the property; one from Arno and Lisa Pappe and one from Robbie Dackler. He stated that staff has already discussed this concern with these citizens. Planner Hall stated that the applicant is requesting a tentative parcel map to divide an approximately 25 acre parcel into one (1) parcel of 10.4 acres (Parcel 1) and a remainder of approximately 15 acres identified as the Remainder. The project is located at the northwest corner of the intersection of Interstate 80 and State Highway 89 North directly south of the Coachland Mobile Home Park (10640 Sha Neva Road). The zoning is Highway-Commercial with design and scenic corridor overlays. Hall stressed that the project is only for the subdivision of the property into a parcel and a remainder and doesn't involve any commercial development. He pointed out that any commercial development in the future will have to comply with the Truckee Zoning Ordinance and the Highway-Commercial zoning district and receive Town approvals. Any project greater than 10,000 square feet in size would require a public hearing and approval by the Planning Commission. If the project is not consistent with Highway-Commercial zoning, the property owner's would have to get zoning amendments approved by the Town Council in order to proceed with Zoning Administrator Meeting Page 2 January 24, 1996 the project. The main issue for this subdivision involves access which has frontage along State Highway 89. The access to Parcel 1 is an existing encroachment used by the Sha Neva Complex which is a private two-lane paved road west of the project site. The applicant is proposing access to Parcel 1 from Sha Neva Road and the southernmost encroachment onto State Highway 89 North. CalTrans has submitted comments on this application stating that CalTrans may not allow traffic generated by future commercial development on this site to access this southernmost encroachment. Future commercial traffic on this site and the adjacent Sha Neva site may be required to utilize the encroachment which also serves the Coachland Mobile Home Park. Hall stated that staff recommends that a 60-foot access easement for Parcel 1 be required from Parcel 1 to the northernmost highway encroachment, the easement to run along the existing Sha Neva Road and the eastern property line of the remainder. He added that staffs recommendation is to find that the project is exempt from environmental review and to approve the tentative parcel map based on the findings and subject to the conditions stated in the staff report. Hall stated that two residents of the Coachland Mobile Home Park sent letters expressing concern regarding the industrial development on the properties,but that there were no objections to the subdivision of the land. Lashbrook asked Hall if the rationale behind creating the easement on the remainder. The division of the property, clearly Parcel 1, will be separated from in different ownership than the remainder and the goal is to ensure an adequate easement that would allow development of Parcel 1. Hall confirmed. Lashbrook opened the public hearing at 2:12 P.M. Jim Porter, representative for Brian and Cindy Marsh, 89/80 properties, stated that one of the conditions is the requirement that the access be offered a 60-foot right of way and asked if there is a legal requirement. Hall stated that he checked through the subdivision ordinance and didn't find a section which specifically requires an offer of dedication for the easement. He pointed out that here is a section within the subdivision ordinance which states that there be access between each parcel and a town street or state highway, but in that defmition of access, it does not indicate anything regarding an offer of dedication. It states that the subdivider shall provide proof of adequate offsite right of way which is defined as the legal right of the developer and its assignees use of a road that would allow for the necessary road improvements. • Zoning Administrator Meeting Page 3 January 24, 1996 Lashbrook asked Hall if this is an offsite access. Hall stated that this could be considered offsite access for Parcel 1. He added that since access is going through the remainder, there are no specific sections on properties with frontage along a Town Road which create parcels that do not have access; he stated that he is using that section to indicate there has to be approved access to each of the parcels to the Town road or State highway. Lashbrook asked Porter what kind of access the 89/80 properties is proposing to serve Parcel 1. Porter stated that 89/80 has the right to use the Sha Neva Road easement exits and expressed concern as to what CalTrans will require to access Sha Neva Road. Lashbrook stated that the offsite standard would apply, therefore, a change to the condition could be appropriate. Porter stated that this may be the only time the Town accepts this offer of dedication to link the two areas. Porter stated the applicant would like to keep Mr. Shane happy and didn't care whether or not there is an offer of dedication. Bob Tamietti, representative for the Sha-Neva property owner, stated that the question is access. Their concern is that, even though this is a non-exclusive easement to the extent the proposed uses burden the easement, CalTrans threatens to close the access and they feel now is the time to address this issue. They are concerned because the proposed frontage road creates some problem with access for their vehicles. Tamietti presented three suggestions: 1) a non-exclusive 60-foot- wide easement at a location agreed by all parties;2) a written road improvement and maintenance agreement; and 3) if there is an offer of dedication of an easement road they own,they should be a party to that. He stated that they are not in opposition to the Marsh's application, but are asking for additional conditions. Lashbrook clarified that Mr. Tamietti's request was that there be an offer of dedication for the frontage road on that new easement that would connect the Coachland entrance to the existing Sha Neva Road, along with agreement on the location as well as a construction and maintenance agreement. Porter interjected that he believed the offer of dedication point is mute now, but pointed out that Mr. Tamietti is suggesting that Sha Neva was asking for an entirely new road that parallels the existing road adjacent to the boundary of Coachland, and not a frontage road. Lashbrook asked Tamietti for clarification. Tamietti stated that their preference would be not to have a frontage road. Porter added that the 89/80 properties and Pacific Property Acres already have an agreement in writing that address the bridge work and the frontage road in addition to providing for maintenance at a location agreed by both parties. Tamietti stated that it is not an ownership issue. He stated that an easement can't be created for someone across your property and then take action that destroys that easement. He stated that even Zoning Administrator Meeting Page 4 January 24, 1996 if there are non-exclusive easements, the law requires people to respect each others uses of the property and not to take action which will destroy the usefulness of the easement. His concern is the concern expressed by CalTrans which is too much traffic in the intersection so close in proximity to the on-ramp that CalTrans would have to close the intersection. Lashbrook clarified that Mr. Tamietti's comment isn't that he has some exclusive interest in the proposed easement, but that he didn't want this future project to negatively affect their use of that easement. Tamietti stated that he doesn't want the easement to create conditions which trigger CalTrans interest in the intersection. Lashbrook stated that he understands that CalTrans doesn't care about the division of land, but have made it clear that future development is likely to trigger a need to require the new entry way and close the old entry way. Lashbrook stated that his concern is the design of the subdivision which includes where easements are proposed to go and the purpose of a tentative map is to review the proposed design of the subdivision and make decisions about the appropriateness of the design. He stated that the design is relative to this easement location and he would like to know that design before acting on the subdivision request. Porter stated that the agreement entered into provides for any adjustment necessary to connect the existing road to the entry required by the County. Lashbrook stated if the property isdivided without solving the access issue, then a new property owner is added into the mix making it more complicated to exercise the agreement. He stated he would like to see it resolved and the resolution reflected on this map because conditions are setting that easement location. Porter added that the owners of the property want to use the road as it is designed to be used. He stated that Mr. Shane doesn't want this road blocked at the end and the 89/80 property owners don't want to place the easement along the Coachland Mobile Home Park because of residents and power lines. He added that having two 60-foot-wide easements is a poor use of the property. Lashbrook clarified that the applicant is comfortable with the requirement to create an easement that comes off the Coachland access road down the easterly edge of the remainder as it fronts Highway 89 connecting to the existing Sha Neva access road as well as the easement on the Sha Neva access road pursuant to whatever the requirements are of the Town. He stated that the other interested party is not comfortable with that design. Tamietti mentioned that Mr. Shane pointed out that there was a question as to whether there is 60 feet of property between the highway right of way and the Forest Service parking lot. Mr. Shane stated that he measured the forest service right of way and the property line doesn't measure to 60 feet. Lashbrook asked Hall if he had any idea if there is sufficient room there. Hall stated that he scaled the measurement from the tentative parcel map which measures 60 feet between the Forest Service and the property line of the remainder. Lashbrook clarified that this easement wasn't shown on this tentative map. Porter stated that Zoning Administrator Meeting Page 5 January 24, 1996 would be a problem for all parties if that was the case. Lashbrook pointed out that may not be a viable location and it would be prudent to know that measurement as part of this tentative map review. He stated that he would like to know the design of the subdivision prior to approval because a very significant element is added with this easement. If the easement runs along the northern property boundary, there are some neighborhood issues that will be significant and he truly believes that Coachland would have a significant problem with a major road running along the northern property line. Tamietti stated that if CalTrans closes the current access point,they aren't necessarily married to the current direction of the road and that is really the thrust of their observation to deal with that problem in the context of approving this proposal so the problem is solved now. Lashbrook commented that he would like to get some additional information regarding this easement location and continued the hearing until February 14, 1996, to give the concerned parties an opportunity to converse to a greater degree on this issue and to give staff the ability to work with Vail Engineering to make sure there is enough room for a 60-foot easement in the proposed location. Lashbrook's primary goal is to clearly know the feasibility and if there is an agreement. He stated he would allow additional public comment on this issue from all interested parties and then he would act. Porter asked if it was a given that it was a 60-foot easement. Lashbrook replied that the future development would merit an easement of future planned development through the General Plan and existing zoning. Based upon the type of road, a 60- foot-wide easement would accommodate a major collector or above. Porter asked if there was any flexibility in the size of the easement. Lashbrook stated he thinks there is some flexibility inherently in the process,but without knowing construction standards,his goal would be to maintain a minimum width easement. He commented that he thinks the proposed road alignment would have more success relative to future development of that property than one that would run on top of the existing access road which serves as a residential street to the Coachland Mobile Home Park. He added that from a land use compatibility perspective, that type of road could be problematic. Lashbrook continued the hearing until the next Zoning Administrator meeting on February 14, 1996 at 2:00 PM to discuss if there is enough room to fit that 60-foot- wide easement and if the design and location of the easement makes sense to serve our future needs. Additional public testimony would be accepted at that time on this road issue. He stated that in his opinion,the public comment received is not related to this subdivision and staff has already conveyed to these two parties that this is simply a subdivision of land. He pointed out that any development that occurs on the property would have to be in accordance with the land use rules that affected the Zoning Administrator Meeting Page 6 January 24, 1996 property at the time it was considered. 5. OTHER BUSINESS. None. 6. ADJOURNMENT. The meeting was adjourned at 2:41 P.M. Respectfully submitted, Tony - brook, Community Development Director et OF TRUCKEE ATTEST: Kelly Holm, ministrative Secretary Approved the 14th day of February 1996; Town of Truckee Zoning Administrator. c:\wpdocs\mning\012496ramin TOWN OF T' cnr -A aQ48.7 ••'• `U --n celv'.n � MEMORANDUM ADDENDUM TO ZONING ADMINISTRATOR STAFF REPORT DATE: Memo Prepared-March 27, 1996 Hearing Date - March 27, 1996 TO: Town of Truckee Zoning Administrator FROM: Duane Hall,Associate Planner RE: Application No. 95-108/TPM (89/80 Properties Tentative Parcel Map);Brian and Cindy Marsh, applicant Agenda No.: Approved by: / / Eli eth Eddins, Town Hanna. RECOMMENDATION: Staff recommends that the Zoning Administrator take the following actions on this application: 1. Find that the project is exempt from environmental review,pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; 2. Approve the tentative parcel map based on the findings (Attachment 1) and conditions (Attachment 2).contained within the staff report with the modifications stated in this memo. DISCUSSION: In response to questions and comments regarding access from Parcel 1 to State Highway 89, the applicant has revised the tentative parcel map and proposes a 60' easement from Parcel 1 to the Staff Report 95-105/TPM,3/27/96 Page 2 northernmost encroachment onto Highway 89. The easement follows the existing Sha Neva Road easement but would begin splitting off from Sha Neva Road approximately 600 feet west of Highway 89. The easement alignment travels northeasterly along the western property line of the United States Forest Service (USFS)parcel before connecting with the Coachland Mobile Home Park access road and highway encroachment. It is staffs opinion that the proposed easement alignment will not have significant adverse effects on the USFS parcel or Coachland Mobile Home Park and road design issues (e.g. intersection of Coachland Drive with the easement road) can be adequately addressed through the site plan review process for any commercial development which may utilize the easement. The easement alignment is consistent with previous plans and CalTrans requirement that future development on this parcel will eventually be required to access Highway 89 from the northernmost encroachment. Staff recommends the following modifications to Condition No. 4 to reflect the proposed easement alignment: 4. The applicant shall offer for dedication the 60-foot right-of-way for road and utility purposes as shown on the modified tentative parcel map submitted on March 22, 1996. The right-of-way shall extend from the eastern property line of Parcel 1 to the northernmost driveway encroachment onto State Highway 89 within the remainder. The offer of dedication shall be made in accordance with the requirements of the Town Engineer. Since the last meeting, the Zoning Administrator has received the attached comments from the Mountain Area Preservation Foundation•(MAPF). In response to MAPF's comments, the project is a subdivision of the parcel into one (1) parcel and a remainder, and no development including road construction is proposed as part of the project. Any future development on the parcel and remainder will have to comply with the General Plan and Zoning Ordinance and be approved by the Town through the site plan review or conditional use permit process. The subdivision itself will not increase or change the potential land uses designated for this site. Furthermore, the subdivision is consistent with the goals and policies of the General Plan, and there are no substantial grounds to deny the tentative parcel map based on the findings for denial set forth in Section 66474 of the Subdivision Map Act. Also attached are comments from Bob Gales, the owner/manager of the Coachland Mobile Home Park, who objects to any easement or road along the northern property line of the subject property. , Attachments • 03/27/1997 16:20 9165373^ 8 SIERRA MTRS PAGE 01 MOUNTAIN AREA PRESERVATION FOUNDATION P.O. BOX 25 TRUCKEE, CA 95734 March 26, 1996 Zoning Administrator Town of Truckee Truckee, CA MAPF submits this letter with regards to 3/27/96, Agenda item 4.4, 89/80 Properties Tentative Parcel Map. As Truckee's adopted General Plan is barely six weeks old, Iv1APF's opinion is that discussion of a parcel split at this location is "Premature". In spite of the General Plan's adoption on February 15, 1996, land use controversy remains as to the future development of 89 North and 267 adjacent to I-80. Throughout the General Plan process, defensible arguments have been raised that the future development potential of this area has been overstated and adequate "phasing" of future development not sufficiently addressed. It is imperative that changes to increase land use in this area be delayed until all factors can he addressed. Decisions for land use changes must consider the cumulative impacts, including the yet to be approved Downtown Study Area, continuing controversy over PC 2, and the adoption of Truckee's zoning ordinances. These issues must be resolved before this and other land use changes in this area should be considered. Furthermore, MAPF regrets that the scheduled time of this meeting, 2:00 pm, precludes td a-z • significant degree, the ability of MAPF and many members of the community to be represented. At the very least, MAPF would request that this agenda item be deferred to the Planning Commission or Town Council to insure public awareness and input as to guarantee effective due process. Respectfully submitted for your consideration, MOUNTAIN AREA PRESERVATION FOUNDATION �Gr-Ayuc�„� Josh Sunman, President Robert T. Gales Coachland RV and Mobilehome Park March 23, 1996 Truckee Planning Commission; C/O Tony Lashbrook 11570 Donner Pass Road Truckee, California 96161 Subject: Comments on 89/80 Properties Tentative Parcel Map (Appl. # 95-108/TPM) Dear Planning Commissioners, In January Brian and Cindy Marsh discussed the lot split and their plans to develop the Westerly 10.4 acre parcel with Coachland's residents at a homeowners' association meeting. The Marsh's provided the attached master plan as a part of their presentation, and represented that access would be provided using the existing Sha-Neva Road, as shown in the master plan along the southerly property line of the 10.4 acre parcel. Based on that presentation, and with open space and trees provided in the northerly portion of the site adjacent to Coachland, our homeowners were largely in support of the lot split and their master plan. Now, however, I understand that other alternatives for access to the 10.4 acre site, as well as the Shane's property to the south-west of Coachland are being considered. I understand that one of those alternatives calls for the access road to parallel Coachland Drive, with only a 27 foot wide separation. Please be advised that a roadway alignment alongside Coachland Drive is opposed by Coachland's residents and the park owner! In conversations that I have had over the past several months with the Marsh's, Linda Shane, and the Shane's attorney, Robert Tamietti, I have repeatedly stated that a road adjacent to Coachland's residences providing access to commercial and/or industrial uses is unacceptable. I am writing you to make you aware that Coachland's residents, as well as myself; are only in support of the lot split and attached master plan as it was presented to us. We are opposed to any road adjacent to our residences. If there are to be any significant changes to the master plan for development of the 10.4 acres parcel, or any change in the alignment of the access road, we would like the opportunity to review the revised plan and provide comments. I request that the Planning Commission only approve the 89/80 lot split request on the condition that the specific alignment of the access road be determined, and that the alignment of such road not adversely impact Coachland's residents. Very truly yours, Bob Gales; Coachland Owner/Manager 10500 Highway 89 North (Park Office) • Truckee, CA. 96161 • (916) 587-8980 • (916) 587-6976 fax it ._ . .... _. . , .s ev // • a L.07' IS 4 . • ..' SAW OF CALIFORNIA 7 y ', 1 A. •.,._ Mks-TEES / - MC Ho. 91-022846 : M4 0J 1:5:t C....,....,,.....N.C.1% .t.. 4'ATANGLEWOOD 0 R 1 V E vravAiv (77 8 X I S 74 i N G. AA /1/8 I L E HOMES ir -tee esT". k. ..c..., COACJ4LAND sareregt 1 D 12 I V E revArs .05.59* greci, I —==___1— r _ _ __--. ce -1/2C2 / _ ,..,.>- . ‘ .A?:;iFkT;!!1" :' ,, ••' •• 1113SASaat .:: :1ZIT.•.,,S4•g'..:i4•.1.: •1.-.#4::::::•:::rnt.: izt1/2 -.;, i rt ao/ / -- - ITES / ES Amestinisien" . ii fi . / / ta 7 / 3-tif‘ u kil PI 39 Ff .-a0 PROPEfiPS / \t‘ii# ifil NC lia 94-034128 ... ."I ill ---"'•-•:-. .............................j - --... ......... V rig _a_ Sr I 4 lig W Al r TOWN OF TIZ9C1E feet/+� r - la 993 MEMORANDUM ZONING ADMINISTRATOR STAFF REPORT DATE: Memo Prepared - January 15, 1996 Hearing Date -January 24, 1996 TO: Town of Truckee Zoning Administrator FROM: Duane Hall, Associate Planner RE: Application No. 95-108/TPM (89/80 Properties Tentative Parcel Map); Brian and Cindy Marsh, applicant Agenda No.: Approved by: /_ / / �i ',.beth Eddins, Town Planner RECOMMENDATION: Staff recommends that the Zoning Administrator take the following actions on this application: 1. Find that the project is exempt from environmental review,pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; 2. Approve the tentative parcel map based on the findings stated in Attachment 1 and subject to the conditions stated in Attachment 2. PROJECT DESCRIPTION: The applicant is requesting approval of a tentative parcel map to divide an approximately 25 acre parcel into one (1)parcel of 10.4 acres (Parcel 1) and a remainder of approximately 15 acres (Remainder). Staff Report 95-108/TPM, 1/24/96 Page 2 LOCATION: The project site is located at the northwest corner of the intersection of Interstate 80 and State Highway 89 North directly south of the Coachland Mobile Home Park (10640 Sha Neva Road, APNs 19-410-07/19-420-02). ENVIRONMENTAL REVIEW: Staff has determined the project is exempt from further environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines. Because of the limited scope of the project, the project does not have the potential for significant environmental impacts. DISCUSSION/ANALYSIS: Project Description -The applicant proposes to divide the 25 acre parcel into a parcel of approximately 10.4 acres and a remainder of 15 acres. The terrain of the site is gentle (slopes <15%). Drainage on the site flows to the south, but there are no significant drainage courses on the site. The project site has frontage along State Highway 89 North with highway encroachments at the northern and southern ends of the remainder. Access to Parcel 1 is provided by Sha Neva Road which is a private, two-lane paved road which provides access to the Sha-Neva complex west of the project site. There are no structures on the site. A United States Forest Service ranger station is located on a separate parcel entirely encompassed by the remainder. Water service for future development on the property will be provided by the Truckee Dormer Public Utility District with sewer service being provided by the Truckee Sanitary District. General Plan and Zoning Consistency- The project site is classified on the Town of Truckee General Plan Draft Land Use Plan as "Commercial (Cr. This land use classification allows the full range of commercial uses, including retail, offices, hotels, and services. Density and intensity for this land use classification is based on average floor area ratios with no established minimum parcel size. Minimum parcel size for parcels in commercial zones will be substantially less than the parcel sizes established by this subdivision. The subdivision will not alter or affect future commercial development on the property. It is staff's opinion the subdivision will be consistent with the proposed General Plan and there is little or no probability of substantial detriment to or interference with the General Plan if the subdivision is ultimately inconsistent with the plan. Remainder- A 15 acre remainder is proposed as part of this subdivision. A remainder is that portion of the parcel which is not divided for the purpose of sale, lease, or financing. However, a remainder can subsequently be built upon or sold. For these reasons, staff has reviewed the remainder for compliance with applicable Zoning Ordinance and Subdivision Ordinance regulations to verify that the remainder is a parcel which can be built upon. The Subdivision Staff Report 95-108/TPM, 1/24/96 Page 3 Map Act limits the ability of the Town from requiring improvements for the remainder as a condition of recordation of the parcel map. In addition, the Town may require a certificate of compliance or conditional certificate of compliance for the remainder prior to the issuance of any development permits. Because the Subdivision Ordinance does not contain any requirements or standards for certificates of compliance for remainders, staff is not recommending a certificate of compliance for the remainder. Any and all improvements necessary to serve the remainder will be addressed by the Town at the site plan application stage for development on the remainder. Access -The Subdivision Ordinance requires access easements from each parcel to a Town street or State Highway. The width of the required easement is dependent on the road improvements required for the subdivision. The applicant is proposing access to Parcel 1 from Sha Neva Road and the southernmost encroachment onto State Highway 89 North. CalTrans has submitted comments on this application stating that CalTrans may not allow traffic generated by future commercial development on this site to access this southernmost encroachment. Future commercial traffic on this site and the adjacent Sha Neva site may be required to utilize the northernmost highway encroachment which also serves the Coachland Mobile Home Park. To ensure that Parcel 1 has legal access to this northernmost encroachment, staff recommends that a 60-foot access easement for Parcel I be required from Parcel 1 to the northernmost highway encroachment, the easement to run along the existing Sha Neva Road and the eastern property line of the remainder to the encroachment. Staff is not recommending any road improvements for this subdivision since there is an existing road which provides access to Parcel 1 from Highway 89 and road improvements will be required at the site plan application stage for development on Parcel 1 and the remainder. Sewage Disposal, Water, and Fire Protection - Special district requirements for future development on these parcels will be addressed at the site plan application stage. The Districts did not have any objections to the subdivision. School District-The Tahoe Truckee Unified School District is requesting school development impact fees in addition to the State-imposed limit of$1.72 per square foot for residential uses. This request is based on existing impacts on school district facilities and the insufficiency of the $1.72/sq ft fee to pay all school facility costs associated with new residential development. However, the Town does not have the legal authority to impose school impact fees above the $1.72/sq ft established by State law for administrative/quasi-judicial permit applications such as tentative parcel maps. Because the Town does not have the authority to impose additional fees, staff does not recommend that the Zoning Administrator take any action on the School District's request. ATTACHMENTS Attachment 1 - Recommended Findings Attachment 2 - Recommended Conditions of Approval Attachment 3 - Tentative Parcel Map Staff Report 95-108/TPM,1/24/96 Page 4 ATTACHMENT 1 FINDINGS These findings relate to the approval of Application No. 95-108/TPM for the division of APNs 19-410-07/19-420-02: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Town of Truckee Subdivision Ordinance. The conditions of approval are necessary to protect the public health, safety, and general welfare. • 2. Adequate public services are available in the area to serve the property. Payment of all fees as described in the Conditions of Approval are in compliance with Town and State Codes. Utility connection, School District, and public agency fees will allow for development of the property without adversely affecting currently limited community services. 3. No finding is made pursuant to Government Code Section 66474 which requires project denial. 4. There is a reasonable probability that the land use or action proposed by this project will be consistent with the General Plan proposal being studied and considered by the Town of Truckee. There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the plan. This finding is supported by the information and discussion contained in the staff report. 5. These findings are supported by the information and discussion contained in the Zoning Administrator staff report prepared for this application. Staff Report 95-108/TPM, 1/24/96 Page 5 ATTACHMENT 2 CONDITIONS OF APPROVAL The following conditions of approval are for Town of Truckee Application No. 95-108/TPM (89/80 Properties Tentative Parcel Map): 1. The tentative parcel map is approved for the division of APNs 19-410-07/19-420-02 into one (1) parcel of approximately 10.4 acres and a remainder of approximately 15 acres as shown on the approved tentative parcel map and as modified by these conditions of approval. The applicant shall submit parcel map check prints, all required information, and applicable fees to the Planning Division for the review and approval of the parcel map. The parcel map shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. The parcel map shall be recorded within 24 months of the date of approval, otherwise the approval of the tentative parcel map shall become null and void unless an extension of time is granted by the Zoning Administrator pursuant to the Subdivision Ordinance. The applicant is responsible for complying with all conditions of approval and providing evidence to the Planning Division of such compliance with the conditions. 2. Prior to recordation of the parcel map, the applicant shall pay a recreation mitigation fee in the amount of$750 ($750 per newly created parcel). Proof of payment of this mitigation fee shall be submitted to the Planning Division. 3. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. The parcel map shall not be recorded until all outstanding fees are paid to the Town. 4. The applicant shall offer for dedication a 60-foot right-of-way along Sha Neva Road from the eastern property line of Parcel 1 to the eastern property line of the remainder and along the eastern property line of the remainder from Sha Neva Road to the northernmost driveway encroachment onto State Highway 89 within the remainder. The offer of dedication shall be made in accordance with the requirements of the Town Engineer. NEVADA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH 5. Prior to recordation of the final map, the applicant shall provide the Nevada County Department of Environmental Health with "proof of service" from the appropriate public agencies for public water and sewer. The applicant shall be responsible for providing the Planning Division with documentation from the Department of Environmental Health stating that this condition has been met. . 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RETAIL SALES ie. .c.272.3) \- ') + __ TRUCK MAINTAINANCE I� i 4 fet :).1A-117 44 • ' - .... EXISTING TREFSTr I �'I TS;SPACES "�11: cS✓ „..Le_ /pf2`(_W } •ctin / , �. Tti / $� �6 I I I I I I I I + OFFICE ABOVE (.! / // sit - / t -9- 4- 4 D I ---ry ®"4-.. NSI7I DEMOATION GARDEN • . t47(//le / /' BXIS11N0 ROAD O tEn - - HIGHWAY The • BO .3t4...," �+ 4 A)R. b �U a c��e 6t_ / J eta to a MARSH PROPERTY . • sy6-76-DO MASTER PLAN . . ._.. ,.. 11195' V _ 1' .s,; M� TENTATIVE PARCEL MAP NO. „„10.410.„4 1 CT 9$ - - i.n« COACILLA„o MOBILO NOM PAN[ / / LEO@D AM 10-+10-03 e_ / pT�s" -, • LOLAri IW A ......m.... - , / A- ss usAC s.w..wn Z ' LPN 10-410-11 REMAN]ER OF ANDS ^.^` 4y.`Ilry� 4 "As CONiNH1LM19lAlU9 ... 2.,.227, NOTES pd.''. Qs' 4\ • '\,s '- uM 10410-011 APR 10-4110-II .4 .•)•" .......................:71""" Lsr 10 / 11 f�.`r�=•l —. Ouse ns 1 ,.4_` d li'' y / I .....:..e,m�:.".:v.�...,....m..,... auto! AF." - i' PARCEL 1_ s \ APWWIfim/ . '/i r ii-;•"-• �� saga.... 2222. 1 " I -<- ',9 w..a APR 10-470-70 4000000 " .,..�...,..2222 .a. LOT 4 /6 '• _ '. :i _.FPS1PBO le / 2222.•2222,.,.,.T tl P.M. LOB I o- .. � >+" R+>� `"r 4# .-\ \ _....../ i w ( i Z \ \ \ ' 'PN j0.4 1 • ,LIL xnmLas.rLWUIRS•Niv[YCRS m.'.MIRMVO,H AMo-4]003 S4 O? m�— mu I ,.®. .. — wmWC . „mi.cm_,., TENTATIVE PARCEL MAP r•Av OHv --v — ....ft >v>,o.......vu,..a CII'.C.',Hy• 1CMI OF IH13AE CMS-0MA ..–r.... ROBERT L. TAMIETTI ATTORNEY-AT-LAW January 24, 1996 The Honorable Tony Lashbrook Town Planner/Zoning Administrator Town of Truckee 11570 Donner Pass Road Truckee, California 96161 Re: Application No. 95-108TPM Dear Mr. Lashbrook: This office represents Pacific Property Acres, Inc. , a landowner with a parcel adjacent to the parcel subject to the above-referenced application. Pacific Property Acres submits for your consideration the following comments to the application: Access: Pacific Property Acres owns an easement for access across the property at issue. The easement provides access to the Sha-Neva properties that are West of the parcel at issue. The easement has been improved into the now paved Sha-Neva Road. This application contemplates use of the Sha-Neva Road easement as access for this parcel from Highway 89 . The proximity of the access point from Highway 89 to Sha-Neva Road poses a potential problem that should be addressed at this stage of the approval process. As staff recognized on page 3 of their report, the anticipated volume of additional traffic generated by this project will likely be too great for the existing easement, given the proximity of the Sha-Neva Road/Highway 89 intersection to the on ramp for Interstate 80 Westbound. CalTrans has expressed its concern and has threatened to curtail use of the Sha-Neva Road/Highway 89 intersection, should the traffic at that intersection grow to an unacceptable level. Therefore, in order to assure adequate , access for this project and for future anticipated development of adjacent properties, Pacific Property Acres suggests that it would be imprudent to approve this application without adding to following conditions for approval: With Offices in Truekee's Historic a. A requirement that the applicant create and offer Old Englehart House (Circa 1889) for dedication a non-exclusive 60ft easement 10020 CHURCH STREET adjacent to the boundary of the applicant's SUITE 1 TRUCKEE.CALIFORNIA 96161 L001 ELT (916)587-8700 property with the Coachland property, which easement would connect to the existing Sha-Neva Road at an intersection agreed by the parties and approved by the Town Engineer; and b. A requirement that the applicant submit with its application a road maintenance and improvement agreement executed by all of the adjacent and affected property owners for this newly created easement (PPA, the applicant, 89/80 Partnership and Coachland) , to avoid future disagreements regarding the use of this new easement and regarding the proportionate costs for improving and maintaining the northernmost access point and the new easement. Pacific Property Acres respectfully disagrees with staff's analysis that this issue of adequate access should be left unresolved until the site plan application stage. We suggest that it is most appropriate to resolve this issue now, and to thereby ensure that the existing access point will not be overburdened and rendered useless by threatened adverse action from CalTrans. Offer of Dedication: Pacific Property Acres is the owner of the easement that is now Sha-Neva Road. It has not been consulted by the applicant regarding the proposed offer of dedication of its easement that is condition 4 of the Staff Report. Consequently, Pacific Property Acres suggests that condition four should be amended to include a requirement that the applicant obtain and submit the written agreement from the owner of the easement to any offer of dedication. We thank you for your consideration of these comments. Respec fully, fl "Tt Tamietti cc: Pacific Property Acres, Inc. L001 ELT 1-24.-1996 11 :21AM FROM PLACER 911 CENTER. 916 581 6387 P. 1 f- AX I. 5 - I O i9 '110- ui/ / - cit (Gry, . £)e v . T,apt j v /-h e -re, t-v, ✓ o r u c.k e e- � / Z br, n Carr, m ;; $ ion — Z�lti1Q V n2 /-rc7 1 We purchased our Mobile Home Unit #3 at Coachland Mobile Home Park in the summer of 1995. At the time we questioned the ownership of the park regarding possible future development of this property. We were told that the property was being considered for development by Wal-Mart. The location of the power lines would assure a sufficient easement to place keep the store at a discrete distance from the homes and would undoubtedly require privacy fencing. Our home is located immediately adjacent to the this property (Mobile Home #3) on Coachland Drive. We would never have made this purchase if we had know that this type of rezoning was being considered. We now understand that not only is the rezoning a possibility, but that if rezoned will be Cal-Trans will require the use of one of the two exisiting roadway be used as an entrance to the property. If it should be Coachlands.Roadways effected, this will case the passage of heavy equipment directly in front of my home. This is were are children play, another reason for purchasing in this private community. After attending a Town Council Meeting, it quickly became clear to other of the Park _ ..: residents and me that the main thrust of the Counsel is to increase the amount of business, commercial and industrial development, there by increasing the Town Funds. 1 personally find this extremely distressing. I understand that becoming a City often sounds wonderful but can be an expensive proposition. There is much to be considered in the development of a small community that has for many years been just that. My spouse and I relocated to the area from a small town outside of Santa Barbara. Our relocation was founded on this idea. I can think of no better example of over/rapid development growth of a community with limited access than that of Santa Ynez. Although growth has its positive side, with it comes changes that can negetively alter the community, destroying the very reasons many of us chose to raise our families here. The rezoning of this property to industrial with the intent of relocating the TNT yard, and placing it next to a residential area is unfathomable. The chemicals and dust created by VirrtMesretankrar;a- typetype of development will undoubtedly create health concerns for many of the homeowners in the park. The noise, traffic, and changes to the environment will have a tremendous impact on over 50 homeowners in residence. I realize that certain decisions must be made during the growth of a community that will not also make us all happy. I do not understand the Town accepting these conditions when they will so radically effect so many. You can see this happening from town to town, where industrial sites are allowed to develop this close to residential sites, the impact is almost immediate. Turning what was meant to be a model addition to the community into an undesireable protery, an eye sore. Many of us have received the impression that regardless of the fact that we had until today to submit our concerns, that you and the zoning commission have already made your decision to rezone the property. I find this extremely concerning.If the mechanism of the Counsel is based on making your own decision and then pacifying the community members by allowing them to submit their concern, it goes against the basic principles of the Constitution. I will look forward to hearing from you on this matter. (cic t, ? f 5i {3 l Ib JPN-24-1996 08: 10 FROM TRUCKEE RIVER HPNK TO 95827710 P.02 . January 23 , 1996 To : Town of Truckee Zoning Administrator Community Development Department Re : APNs 19-410-07/19-420-02 Application by Rrian and Cindy Marsh No. 95-108/TPM We purchased a home located in the Coachland Mobile Home Park in t he spring of 1995; this residential area is located next to the proposed site of zoning chance . At the time of looking at this area we were aware that the property next to Coachland Mobile Home Park was zoned for Commercial-This was accepted by us as it may be beneficial to our community. If in fact this site was Industrial Zoned when we looked at this residental area-we would not have invested in a Home here at all . This proposed zoning change will only have a Negative outcome for all surroundings . Property value will decrease-Homes will decrease in value-this will effect what exsits now and what is to come in the future . Increased traffic would mean an increase in the Danger factor. Human Health will be effected in many ways if this is an industrial zoned area. Chemicals such as Lime & Calcium, and also Fiberglass are not items to have in a residential area-any & all �. __ -•• • other chemicals is not safe in this type of Residential Community. Surrounding vegitation, including many trees, will also be effected in a Negative way. The increase in noise caused from such a change will not be beneficial to those surrounding the area . There is only Negative to come if this proposed change happens. We have invested in our Future with the purchase of a Home in Coachland-we did not intend to invest our Future next to an Industrial Zoned area. Sincerely, Arno & Pappe