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City of Pleasanton
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12/10/2008 10:42:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/16/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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sc they may be heard. Starting with something that is already built and saying should it be <br />allowed is a vast distance from presenting a proposal and asking for a variance. <br />Although the size of the tank has been reduced, it has yet to be determined if a 5,000 gallon <br />tank is needed. Ms. Rocha has City water for domestic needs, has some landscape in front, <br />some newly planted trees to water in back, some horses to water, but is not raising a crop. <br />There is also a water aqua from which she can pump that stores water. The size or cost to <br />move the tank has yet to be determined. If the project had gone through design review because <br />of size and impact of view, that would have been addressed. <br />Even though the Segundo's have put in vegetation, the tank is quite visible. Their efforts to <br />screen the tank should not be held against them and they are asking the Council to grant the <br />appeal. One option is to return this to design review process or suggest the tank be moved <br />back to where it was or somewhere close to that and if it needs to be so large, and the <br />Segundo's are open to mediation. <br />Janny Rocha, Applicant, reported that 4 out of 5 Planning Commissioners granted her a <br />conditional use permit on April 9th. Staff and commissioners visited the site and viewed the tank <br />prior to that decision. The intent of this project was to have a water tank to hold water needed <br />and to have more consistent water pressure to supply for current and future irrigation and for the <br />current and new stock. According to the flow test dated August 11, 2006, between 5,000 and <br />10,000 gallons were needed per day to water one acre of ground. Ms. Rocha explained that her <br />property is 1.33 acres and therefore, the new tank is at half the capacity. <br />The old redwood tank was obsolete and requires maintenance. It had an open chicken wire top <br />that posed a hazard for children and animals to drown. The position of the old tank required the <br />pump to work all day in order to irrigate one acre. <br />Ms. Rocha presented before and after slides, reported that the entire property was an eyesore <br />before purchasing it in 2006. She said she has been respectful to her neighbors and has shown <br />pride of ownership. Apparently, neighbors did not complain about the overgrown vegetation, <br />debris piles and dilapidated structures prior to her ownership. The tank seems to have made <br />everything objectionable. The transformation that has taken place has benefited immediate <br />neighbors and the viability of the neighborhood. <br />Ms. Rocha said she was not aware that a permit or conditional use permit was required for a <br />tank replacement until the Segundo's complained. Knowing nothing about wells, tanks and <br />related equipment, she relied heavily on licensed contractors for their expertise. Two quotes <br />received indicated no need for permits or permit fees. Dan's Water Well was chosen as the <br />contractor after speaking with neighbors, including the Segundo's, who were past customers. <br />Replacement was time sensitive; waiting a year for approval would have compromised irrigation <br />and water for stock. The contractor was consulted with frequently. He installed the tank on the <br />Segundo's. If he knew a permit was required for their tank, he would have known one was <br />needed. There was no hearing on the Segundo tank that Ms. Rocha recalled. She also thought <br />that if the Segundo's had needed a permit they would have mentioned it. She did not recall that <br />a hearing was held and that a permit was ever filed. <br />As far as setbacks are concerned, she said according to the North Sycamore Specific Plan the <br />property does not have approved site development standards which mean there are no set <br />standards or setbacks for lots. The staff report in April used an example of approved standard <br />for reference and comparison standards and by no means stated that those standards applied. <br />The Commissioners were made aware of that fact in the report. <br />City Council Minutes 8 August 19, 2008 <br />
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