HomeMy Public PortalAboutTitle 18 Article IVTRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
ARTICLE IV
Land Use and Development
Permit Procedures
Chapter 18.70 - Applications, Processing, and Fees ................................................................. IV-5
18.70.010 -
18.70.020 -
18.70.030 -
18.70.040 -
18.70.050 -
18.70.060 -
18.70.070 -
18.70.080 -
18.70.090 -
Purpose of Article .............................................................................................. IV-5
Authority for Land Use and Zoning Decisions .................................................. IV-5
Concurrent Permit Processing ............................................................................ IV-5
Application Preparation and Filing .................................................................... IV-7
Application Fees ................................................................................................ IV-8
Initial Application Review/Environmental Assessment ..................................... IV-8
Application Review and Decision ...................................................................... IV-9
Appeals .............................................................................................................. IV-9
Post Approval Procedures .................................................................................. IV-9
Chapter 18.72 - Zoning Clearance ........................................................................................... IV-11
18.72.010
18.72.020
18.72.030
18.72.040
- Purpose of Chapter .......................................................................................... IV- 11
- Applicability .................................................................................................... IV-11
- Review and Decision ....................................................................................... IV-11
- Conditions of Approval ................................................................................... IV- ! 3
Chapter 18.74 - Development Permits ..................................................................................... IV-15
18.74.010 - Purpose of Chapter .......................................................................................... IV-15
18.74.020 - Applicability .................................................................................................... IV- 15
18.74.030 - Findings and Decision ..................................................................................... IV-16
18.74.040 - Conditions of Approval ................................................................................... IV- 17
Chapter 18.76 - Use Permits and Minor Use Permits ............................................................. IV-19
18.76.010 - Purpose of Chapter .......................................................................................... IV-19
18.76.020 - Applicability .................................................................................................... IV- 19
18.76.030 - Findings and Decision ..................................................................................... IV-20
18.76.040 - Conditions of Approval ................................................................................... IV-21
Chapter 18.77 - Historic Design Review .................................................................................. IV-23
18.77.010 - Purpose of Chapter .......................................................................................... iV-23
18.77.020 - Applicability of Historic Design Review ......................................................... IV-23
18.77.030 - Historic Design Review Procedures .................................................................IV-23
18.77.040 - Findings and Decision for Certificate of Appropriateness ............................... IV-25
18.77.050 - Conformance to Plans ...................................................................................... IV-25
September 2001
IV-1
TRUCKEE MUNICIPAL CODE - TITLE 1.8, DEVELOPMENT CODE
Contents
18.77.060 - Certificate of Economic Hardship .................................................................... IV-26
Chapter 18.78 - Planned Developments ................................................................................... IV-29
18.78.010 - Purpose of Chapter .......................................................................................... IV-29
18.78.020 - Applicability .................................................................................................... IV-29
18.78.030 - Application Filing ............................................................................................ IV-30
18.78.040 - Findings and Decision ..................................................................................... IV-30
18.78.050 - Conditions of Approval ................................................................................... IV-31
Chapter 18.80 - Temporary Use Permits .................................................................................IV-33
18.80.010 - Purpose of Chapter .......................................................................................... IV-33
18.80.020 - Applicability .................................................................................................... IV-33
18.80.030 - Findings and Decision ..................................................................................... IV-33
18.80.040 - Conditions of Approval ................................................................................... IV-34
18.80.050 - Post Approval Procedures ................................................................................ IV-34
Chapter 18.82 - Variances and Historic Variances ................................................................. IV-35
18.82.010 - Purpose of Chapter .......................................................................................... IV-35
18.82.020 - Applicability .................................................................................................... IV-35
18.82.030 - Findings and Decision ..................................................................................... IV-36
18.82.040 - Conditions of Approval ................................................................................... IV-37
18.82.050 - Historic Variances ............................................................................................ IV-37
Chapter 18.83 - Demolition Review ......................................................................................... IV-39
18.83.010
18.83.020
18.83.030
18.83.040
- Purpose of Chapter .......................................................................................... IV-39
- Applicability of Demolition Review ................................................................ IV-39
- Demolition Review Procedures ....................................................................... IV-39
- Findings and Decision .................................................................................... IV-40
Chapter 18.84 - Permit Implementation, Time Limits, and Extensions ............................... IV-41
18.84.010
18.84.020
18.84.030
18.84.040
18.84.050
18.84.060
18.84.070
- Purpose of Chapter .......................................................................................... IV-41
- Effective Date of Permits ................................................................................. 1V-41
- Applications Deemed Approved ...................................................................... IV-42
- Performance Guarantees .................................................................................. IV-42
- Time Limits, Phasing, and Extensions ............................................................. IV-42
- Time Extensions for Building Permits ............................................................. IV-44
- Changes to an Approved Project ...................................................................... IV-44
18.84.080 - Resubmittals .................................................................................................... IV-45
18.84.090 - Covenants of Easement .................................................................................... IV-45
September 2001
IV-2
TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Contents
Chapter 18.86 - Lot Line Adjustments .................................................................................... IV-47
! 8.86.010 - Purpose of Chapter .......................................................................................... IV-47
18.86.020 - Applicability .................................................................................................... IV-47
18.86.030 - Adjustment Application and Processing .......................................................... IV-47
18.86.040 - Lot Line Adjustment Standards ....................................................................... IV-47
18.86.050 - Approval or Denial of Adjustment .................................................................. IV-48
18.86.060 - Conditions of Approval ................................................................................... IV-48
18.86.070 - Completion of Adjustment ............................................................................... IV-49
Chapter 18.88 - Vacations ......................................................................................................... IV-51
18.88.010 - Purpose of Chapter .......................................................................................... IV-51
18.88.020 - Applicability .................................................................................................... IV-51
18.88.030 -Findings and Decision ..................................................................................... IV-51
September 2001
IV-3
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Contents
September 2001
IV-4
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Applications, Processing, and Fees
18.70
CHAPTER 18.70 - APPLICATIONS, PROCESSING, AND FEES
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
18.70.060
18.70.070
18.70.080
18.70.090
- Purpose of Article
- Authority for Land Use and Zoning Decisions
- Concurrent Permit Processing
- Application Preparation and Filing
- Application Fees
- Initial Application Review/Environmental Assessment
- Application Review and Decision
- Appeals
- Post Approval Procedures
18.70.010 - Purpose of Article
This Article provides procedures and requirements for the preparation, filing and processing of
applications for land use permits and other entitlements required by this Development Code.
18.70.020 - Authority for Land Use and Zoning Decisions
Table 4-1 (Review Authority) identifies the Town official or body responsible for reviewing and
making decisions on each type of application, land use permit, and other entitlements required by this
Development Code.
18.70.030 - Concurrent Permit Processing
When a single project incorporates different land uses or features so that this Development Code
requires multiple land use permit applications, and/or the project involves a land use permit application
and a Tentative Map, all the applications shall be reviewed, and approved or denied, concurrently by
the highest level review authority assigned by Table 4-1 to any of the required applications. (For
example, a project that requires a Zoning Map amendment and a Use Permit shall be reviewed, and
approved or denied by the Council, where a Use Permit application by itself would normally be
reviewed and acted upon by the Commission.)
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Applications, Processing, and Fees
18.70
TABLE 4-1
REVIEW AUTHORITY
Role of Review Authority (1)
Zoning Planning Town
Type of Decision Director (2) Administrator (2) Commission Council
Administrative and Amendments
Recommend Decision
Recommend Decision
Decision Appeal Appeal
Recommend Decision
Development Code amendment
General Plan amendment
Interpretations
Zoning Map amendment
Land Use Permit's/Development Approvals
Decision Appeal
Recommend Decision
Decision Appeal
Decision Appeal Appeal
Decision Appeal
Recommend Decision
Decision Appeal
Decision Appeal
Decision Appeal Appeal
Recommend Decision
Decision Appeal Appeal
Decision Appeal
Decision Appeal
__ Decision i Appeal Appeal
Demolition Review
Development Agreement
Development Permit
Historic Design Review
Historic Variance
Master Plan
Minor Use Permit
Planned Development
Sign Permit
Specific Plan
Temporary Use Permit
Use Permit
Variance
Zoning Clearance
Subdivision Applications
Certificate of Compliance
Final Map
Lot Line Adjustment
Lot Line Adjustment, 10+ parcels
Parcel Map
Decision Appeal
Decision (3)
Decision Appeal Appeal
De__cision A pp_e_al
Decision (3) Appeal
September 2001
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Applications, Processing, and Fees
18.70
TABLE 4-1
REVIEW AUTHORITY
Role of Review Authority ( 1 )
Zoning Planning Town
Type of Decision Director (2) Administrator (2) Commission Council
Reversions, 2-4 parcels Decision Appeal
Reversions, 5+ parcels Decision Appeal
Tentative Map, 2-4 parcels Decision Appeal
Tentative Map, 5+ parcels Decision Appeal
Voluntary Parcel Merger Decision Appeal Appeal
Notes:
(2)
(3)
"Recommend" means that the review authority makes a recommendation to a higher decision-making body;
"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the
review authority may consider and decide upon appeals of an earlier decision, in compliance with Chapter
18. I40 (Appeals).
The Director and the Zoning Administrator may refer any matter subject to their decisions to the Commission,
so that the Commission may instead make the decision.
The review authority for parcel map and final map is the Town Engineer.
18.70.040 - Application Preparation and Filing
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Application contents. The preparation and filing of applications for land use permits,
amendments (e.g., General Plan, Zoning Map, or Development Code), and any other matters
pertaining to this Development Code shall comply with the following requirements:
Applications shall include the forms provided by the Department, and all information and
materials required by the Application Content Requirements list provided by the
Department for the specific type of application;
2. Applications shall be filed with the Department; and
It is the applicant's responsibility to provide evidence in support of the findings required
for the approval of the application by this Article.
B. Eligibility for ~ing. Applications may be made by the owner of the subject property or by a
lessee or any other person, with the written consent of the property owner.
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Time for filing. Any land use permit required by this Development Code shall be filed with the
Director, processed and approved before the approval of any Building, Grading, or other
construction permit or other authorization required by the Municipal Code or this Development
Code for the proposed use or structure.
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Applications, Processing, and Fees
18.70
18.70.050 - Application Fees
The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other
matters pertaining to this Development Code. The schedule of fees may be changed or modified only
by resolution of the Council. Processing shall not commence on any application until all required fees
have been paid.
Refunds and withdrawals. Recognizing that filing fees cover the costs of public hearings,
mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a
denial are not allowed, except in the case of an appeal hearing by the Council in compliance with
Section 18. 140.030 (Filing and Processing of Appeals). In the case of a withdrawal, the Director
may authorize a partial refund based upon the Director's determination of pro-rated costs to-date
and the status of the application at the time of withdrawal.
B. Council payment of fees. The Council may elect to pay the filing fees in only the following
situations:
1. Applications made by tax supported Governmental agencies (e.g., school district, etc.);
2. Applications made by charitable organizations as defined by resolution of the Council; or
Applications made in compliance with established Council policy on the Council's payment
of fees.
18.70.060 - Initial Application Review/Environmental Assessment
Ali applications filed with the Department in compliance with this Development Code shall be initially
processed as follows:
A. Completeness review. The Director shall review all applications for completeness and accuracy
before they are accepted as being complete for processing.
Notification of applicant. The applicant shall be informed within 30 days of submitting
an application, as required by the State law (Government Code Section 65943), either that
the application is complete and has been accepted for processing, or that the application is
incomplete and that additional information, specified in writing, shall be provided before
it can be accepted for processing.
Appeal of determination. Where the Director has determined that an application is
incomplete, and the applicant believes that the application is complete and/or that the
information requested by the Director is not required, the applicant may appeal the
determination in compliance with Chapter 18.140 (Appeals).
Environmental information. The Director may require the applicant to submit additional
information needed for the environmental review of the project in compliance with
Subsection C., below.
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Applications, Processing, and Fees
18.70
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Expiration of application. If the applicant does not provide sufficient information to
complete an application within 90 days after notification that the application is incomplete,
the application shall be deemed withdrawn, unless an extension is granted by the Director.
A new application, including fees, plans, exhibits, and other materials that will be required
to commence processing of any development project on the same property, may then be
filed in compliance with this Article.
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Referral of application. At the discretion of the Director, or where otherwise required by this
Development Code, State or Federal law, any application filed in compliance with this
Development Code may be referred to any public agency that may be affected by or have an
interest in the proposed land use activity.
C. Environmental assessment.
All development applications shall be reviewed as required by the California Environmental
Quality Act (CEQA), to determine whether the proposed project is exempt from the
requirements of CEQA or is not a project as defined by CEQA, whether a Negative
Declaration may be issued, or whether an Environmental Impact Report (EIR) shall be
required.
These determinations and, where required, the preparation of environmental docmnents
shall comply with the CEQA Guidelines.
18.70.070 - Application Review and Decision
Project review procedures. Each application shall be analyzed by the Director to ensure that the
proposed uses/activities and development are consistent with the content, purpose, and intent of
this Development Code, any applicable design guidelines, the CEQA Guidelines, the General
Plan, and any applicable Specific Plan. Additionally, any application which may involve
substantial grading shall require the submittal of preliminary grading plans for review and
recommendation by the Town Engineer.
Notice and hearings. A land use permit application will be scheduled for a public hearing only
after the Director has determined the application complete, in compliance with Section
18.70.060.A (Completeness Review). Noticing of the public hearing will be given in compliance
with Chapter 18.180 (Public Hearings).
18.70.080 - Appeals
The decision of the Director, Zoning Administrator, or Commission, as applicable, to approve or deny
any land use permit shall be considered final unless an appeal is filed in compliance with Chapter
18.140 (Appeals). The decision of the Director, Zoning Administrator, or Commission, or any
condition of approval, is appealable to the Council.
18.70.090 - Post Approval Procedures
The following procedures shall apply following the approval of the permit or entitlement.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Applications, Processing, and Fees
18.70
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Expiration and extensions. Time limits for the expiration of approved land use permits, and
procedures for obtaining extensions of time are established by Chapter 18.84 (Permit
Implementation, Time Limits, and Extensions).
Phasing. Requirements for the development of approved projects in multiple phases are
established by Chapter 18.84 (Permit Implementation, Time Limits, and Extensions).
Building Permit. Building Permits may be issued after all applicable terms and conditions of the
land use permit approval have been satisfied. Any land use permit issued in compliance with this
Development Code shall conform to all applicable provisions of this Development Code.
Certificate of Occupancy. The Certificate of Occupancy may be issued after all conditions have
been fulfilled to the satisfaction of the Director.
Minor changes. The Director may approve minor changes (e.g., colors, elevations, exterior
materials, hours of operation, landscaping, walls/fences, etc.) to required conditions and operating
standards of an approved land use permit. The minor changes shall be in compliance with Section
18.84.070 (Changes to an Approved Project).
Major changes. The original review authority may approve major changes to required conditions
and operating standards of an approved permit or entitlement, in compliance with Section
18.84.070 (Changes to an Approved Project). The requirements and procedures contained in this
Development Code shall apply to any application for a major change, which shall constitute a
project requiring environmental review under CEQA.
Performance guarantee. The applicant/owner may be required to provide adequate performance
security in compliance with Section 18.84.040 (Performance Guarantee) for the faithful
performance of any/all conditions of approval imposed by the review authority.
Revocation. The original review authority, may revoke or modify a land use permit approval in
compliance with Chapter 18.190 (Revocations and Modifications).
September 2001
IV-t0
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Zoning Clearance
18.72
CHAPTER 18.72 - ZONING CLEARANCE
Sections:
18.72.010 - Purpose of Chapter
18.72.020 - Applicability
18.72.030 - Review and Decision
18.72.040 - Conditions of Approval
18.72.010 - Purpose of Chapter
This Chapter establishes procedures for the review, and approval or denial of Zoning Clearances, which
are required by the Town to verify that a requested land use activity and/or structure is an allowed land
use within the applicable zoning district, and complies with the development standards and any design
guidelines applicable to the land use or the zoning district of the site.
18.72.020 - Applicability
Where Article I1 (Zoning Districts and Allowable Land Uses) requires Zoning Clearance, the Director
shall evaluate the proposed use or structure in compliance with this Chapter.
Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the Director where an
existing, new, or modified non-residential structure(s) containing up to 7,500 square feet of total
gross floor area (5,000 square feet in the Downtown Residential and Downtown Commercial and
Manufacturing zoning districts) or disturbing up to 26,000 square feet of total site area is proposed
to be used or constructed or where an existing, new, or modified residential structure(s) with ten
or less residential units is proposed to be used or consructed.
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Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading,
or other construction permit or other authorization required by the Municipal Code or this
Development Code for the proposed use or construction.
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Incremental or phased development projects. Incremental or phased developments shall be
treated on a cumulative basis. The approval of a Development Permit, in compliance with
Chapter 18.74 (Development Permits) shall be required for additions to projects that would bring
(1) the total project floor area for non-residential structure(s) to 7,500 square feet or more (5,000
square feet or more for projects located within the Downtown Residential and Downtown
Commercial and Manufacturing zoning districts;(2) the total disturbance area to 26,000 square
feet or more; or (3) the total number of residential units to eleven or more units.
18.72.030 - Review and Decision
Project review procedures. Each application shall be analyzed by the Director to ensure that the
application is consistent with the content, purpose, and intent of this Chapter, this Development
Code, any applicable design guidelines, the General Plan, and any applicable Specific Plan.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Zoning Clearance
18.72
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Issuance of a Zoning Clearance.
1. Time for decision. The Director shall take appropriate action on the Zoning Clearance
within 30 days of finding the application complete in compliance with Section 18.70.060
(Initial Application Review/Environmental Assessment).
2. Public notice. Notice of the Director's intent to take action on the issuance of a Zoning
Clearance shall be required for all new multi-family residential, commercial, and industrial
projects and substantial additions (e.g., an addition of at least 25 percent of the gross floor
area of the existing structure) in the following manner:
a. Notice shall include:
(I) A general explanation of the matter to be considered; and a general description,
in text or by diagram, of the location of the real property that is the subject of
the notice;
(2) The date on which the Director may take action on the issuance of the Zoning
Clearance; and
(3) The location and available times that the application may be reviewed by the
public.
b. The notice shall be mailed or delivered to:
(1) The owner(s) of the property being considered or the owner's agent, and the
applicant, if different from the owner;
(2) All owners of real property as shown on the County's latest equalized
assessment roll within 300 feet of the boundary of the property which is the
subject of the Zoning Clearance; and
(3) Any person who has filed a written request for notice with the Director and has
paid the fee set by the most current Council's Fee Resolution for the notice.
c. The notice shall be posted in Town Hall; and
d. The notice shall be mailed, delivered, and posted at least 14 days prior to the Director
taking action on the issuance of the Zoning Clearance.
3. Required findings. The Director shall issue the Zoning Clearance, with or without
conditions, only if all of the following findings can be made:
a. The proposed development is:
(1) Allowed by Article II (Zoning Districts and Allowable Land Uses) within the
applicable zoning district, and complies with all applicable provisions of this
Development Code, the Municipal Code, and the Public Improvement and
Engineering Standards; and
September 2001
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Zoning Clearance
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.72
(2) Consistent with the General Plan, any applicable Specific Plan, the Trails
Master Plan, and the Particulate Matter Air Quality Management Plan.
If applicable, the proposed development is consistent with the design guidelines,
achieves the overall design objectives of the design guidelines, and would not impair
the design and architectural integrity and character of the surrounding neighborhood;
The Zoning Clearance approval is in compliance with the requirements of the
California Environmental Quality Act (CEQA) and there would be no potential
significant adverse effects upon environmental quality and natural resources that
would not be properly mitigated and monitored, unless a Statement of Overriding
Considerations is adopted; and
Them am adequate provisions for public and emergency vehicle access, tim protection,
sanitation, water, and public utilities to ensure that the proposed development would
not be detrimental to public health and safety. Adequate provisions shall mean that
distribution and collection facilities and other infrastructure are installed at the time
of development and in operation prior to occupancy of buildings and the land, and all
development fees have been paid prior to occupancy of buildings and the land.
The proposed development is consistent with all applicable regulations of the Nevada
County Department of Environmental Health and the Truckee Fire Protection District
for the transport, use, and disposal of hazardous materials.
Effective date. The Zoning Clearance shall not be valid until the companion Building
and/or Grading Permit is issued or, where no Building and/or Grading Permit is required,
a written determination is made by the Director.
Appeals. Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town
application form, within 10 days from the date of the Director's action on the issuance of
the Zoning Clearance, in compliance with Chapter 18.140 (Appeals).
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Time limits, expiration. The Zoning Clearance shall be valid for the same time period that the
companion Building and/or Grading Permit is in force or 120 days, where no Building and/or
Grading Permit is required. Construction shall commence and shall be completed in accordance
with the time limits established by Section 18.84.050 (Time Limits, Phasing, and Extensions).
18.72.040 - Conditions of Approval
In approving a Zoning Clearance, the Director may impose specific development conditions relating
to the construction (both on- and off-site improvements), establishment, maintenance, location, and
operation of the proposed activity, as the Director finds am reasonable and necessary to ensure that the
approval will be in compliance with the findings required by Section 18.72.030.B.2 (Required
Findings).
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Zoning Clearance
18.72
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development Permits
18.74
CHAPTER 18.74 - DEVELOPMENT PERMITS
Sections:
18.74.010 - Purpose of Chapter
! 8.74.020 - Applicability
18.74.030 - Findings and Decision
18.74.040 - Conditions of Approval
18.74.010 - Purpose of Chapter
This Chapter establishes procedures for the review, and approval or denial of Development
Permits, which are required by Article [I (Zoning Districts and Allowable Land Uses) for land use
activities with total project floor area of 7,500 square feet or more (5,000 square feet in the
Downtown Study Area), or total disturbance area of 26,000 square feet or more, or eleven or more
residential units.
The review process begins with the recognition that the proposed use/construction is allowed in
the zoning district, and focuses on issues related to site layout and design in order to arrive at the
best utilization of the subject site and compatibility of design with surrounding properties.
The process includes the filing of a site plan with the Director to verify compliance with all
applicable land use development standards, any applicable design guidelines, and the requirements
of other Town departments.
18.74.020 - Applicability
When required. Development Permit approval may be granted by the Commission for land use
activities or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as an
allowed use as follows:
An existing, new, or modified non-residential structure(s) that contains or would contain
7,500 square feet or more of total gross floor area (5,000 square feet or more in the
Downtown Residential and Downtown Commercial and Manufacturing zoning districts)
is proposed to be used or constructed;
Disturbance of 26,000 square feet or more of the subject site. Disturbance includes graded
areas, landscaped areas, parking and access areas, structures, and other portions of the site
to be improved; and/or
An existing, new, or modified residential structure(s) that contains or would contain eleven
or more residential units is proposed to be used or constructed.
Incremental or phased development projects. Incremental or phased developments shall be
treated on a cumulative basis. Additions to projects that would bring the total project square
footage to 7,500 square feet or more (5,000 square feet or more in the Downtown Residential and
Downtown Commercial and Manufacturing zoning districts), or the total disturbance area to
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Development Permits
18.74
26,000 square feet or more, or the total number of multi-family residential units to eleven or more
requires the approval of a Development Permit. Modifications or additions to non-residential
structure(s) that contain 7,500 square feet or more of total gross floor area (5,000 square feet in
the Downtown Residential and Downtown Commercial and Manufacturing zoning districts) or
residential structure(s) that contain eleven or more residential units shall require the approval of
a new Development Permit or modifications of a Development Permit unless the modifications
or additions may be authorized by the Director as a minor change to an approved project in
compliance with Section 18.84.070(B)(1).
Other permits. A Development Permit shall be required before the approval of any Building,
Grading, or other construction permit, or other authorization required by the Municipal Code or
this Development Code for the proposed use or construction.
18.74.030 - Findings and Decision
Following a public hearing, the Commission shall record the decision in writing with the findings upon
which the decision is based. The Commission may approve a Development Permit application, with
or without conditions, only if all of the following findings can be made:
A. The proposed development is:
Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable
zoning district with the approval of a Development Permit, and complies with all applicable
provisions of this Development Code, the Municipal Code, and the Public Improvement
and Engineering Standards; and
Consistent with the General Plan, any applicable Specific Plan, the Trails Master Plan, and
the Particulate Matter Air Quality Management Plan.
The proposed development is consistent with the design guidelines, achieves the overall design
objectives of the design guidelines, and would not impair the design and architectural integrity and
character of the surrounding neighborhood;
The Development Permit approval is in compliance with the requirements of the California
Environmental Quality Act (CEQA) and there would be no potential significant adverse effects
upon environmental quality and natural resources that would not be properly mitigated and
monitored, unless a Statement of Overriding Considerations is adopted; and
There are adequate provisions for public and emergency vehicle access, fire protection, sanitation,
water, and public utilities and services to ensure that the proposed development would not be
detrimental to public health and safety. Adequate provisions shall mean that distribution and
collection facilities and other infrastructure are installed at the time of development and in
operation prior to occupancy of buildings and the land, and all development fees have been paid
prior to occupancy of buildings and the land;
E. The subject site is:
1. Physically suitable for the type and density/intensity of development being proposed;
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development Permits
18.74
Adequate in size and shape to accommodate the use and all fences and walls, landscaping,
loading, parking, yards, and other features required by this Development Code; and
Served by streets adequate in width and pavement type to carry the quantity and type of
traffic generated by the proposed development.
The proposed development is consistent with all applicable regulations of the Nevada County
Department of Environmental Health and the Truckee Fire Protection District for the transport,
use, and disposal of hazardous materials.
18.74.040 - Conditions ol~Approval
In approving a Development Permit, the Commission may impose specific development conditions
relating tO the construction (both on- and off-site improvements), establishment, maintenance, location,
and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the
approval will be in compliance with the findings required by Section 18.74.030 (Findings and
Decision).
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Development Permits
18.74
September 2001
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Use Permits and Minor Use Permits
18.76
CHAPTER 18.76 - USE PERMITS AND MINOR USE PERMITS
Sections:
18.76.010 - Purpose of Chapter
18.76.020 - Applicability
18.76.030 - Findings and Decision
18.76.040 - Conditions of Approval
18.76.010 - Purpose of Chapter
This Chapter establishes procedures for the review, and approval or denial of Use Permits and
Minor Use Permits, which are required by Article II (Zoning Districts and Allowable Land Uses)
for land use activities which may be desirable in the applicable zoning district and compatible with
adjacent land uses, but whose effects on a site and surroundings cannot be determined before
being proposed for a particular location.
B. The review process begins with the evaluation of the proposed use/construction to determine if
the activity should be allowed on the subject site.
The process includes the review of the configuration, design, location, and potential impact(s) of
the proposed use/construction by comparing it to established development standards and design
guidelines.
18.76.020 - Applicability
A Use Permit shall be required before the approval of any Building, Grading, or other construction
permit or other authorization required by the Municipal Code or this Development Code for the
proposed use or construction in the following manner:
Minor Use Permits. A Minor Use Permit may be granted by the Zoning Administrator for the
following land use activities or structure(s) in addition to those listed in Article II (Zoning
Districts and Allowable Land Uses) as requiring a Minor Use Permit:
1. Soil remediation activities which are intended to last 30 days or more; and
Any existing, new, or modified land use activity or structure(s) identified in Article II
(Zoning Districts and Allowable Land Uses) as requiring a Minor Use Permit where a
structure(s) that contains or would contain up to 7,500 square feet in total gross floor area
(5,000 square feet in the Downtown Residential and Downtown Commercial and
Manufacturing zoning districts) or disturbs or would disturb up to 26,000 square feet of
total site area is proposed to be used or constructed.
B. Use Permits. Use Permits may be granted by the Commission for:
Any land use activity or structure(s) identified in Article 1I (Zoning Districts and Allowable
Land Uses) as requiring a Use Permit; and
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Use Permits and Minor Use Permits
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Any existing, new, or modified land use activities or structure(s) identified in Article II as
requiring a Minor Use Permit that contains or would contain 7,500 square feet or more in
total gross floor area (5,000 square feet or mom in the Downtown Residential and
Downtown Commercial and Manufacturing zoning districts) or disturbs or would disturb
26,000 square feet or more of total site area.
Other permits. A Use Permit or Minor Use Permit shall be required before the approval of any
Building, Grading, or other construction permit, or other authorization required by the Municipal
Code or this Development Code for the proposed use or construction.
18.76.030 - Findings and Decision
Following a public hearing, the Zoning Administrator (Minor Use Permit) or Commission (Use Permit),
as applicable, shall record the decision in writing with the findings upon which the decision is based.
The Zoning Administrator may refer the application to the Commission for review and decision. The
Zoning Administrator or Commission may approve a Use Permit application, with or without
conditions, only if all of the following findings can be ~nade:
A. The proposed development is:
Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable
zoning district with the approval of a Use Permit and complies with all other applicable
provisions of this Development Code, the Municipal Code, and the Public Improvement
and Engineering Standards; and
Consistent with the General Plan, any applicable Specific Plan, the Trails Master Plan, and
the Particulate Matter Air Quality Management Plan.
The proposed development is consistent with the design guidelines, achieves the overall design
objectives of the design guidelines, and would not impair the design and architectural integrity and
character of the surrounding neighborhood;
The Use Permit approval is in compliance with the requirements of the California Environmental
Quality Act (CEQA) and there would be no potential significant adverse effects upon
environmental quality and natural resources that would not be properly mitigated and monitored,
unless a Statement of Overriding Considerations is adopted;
D. The design, location, size, and operating characteristics of the proposed development would be
compatible with the existing and future land uses in the vicinity;
Granting the Use Permit would not be detrimental to the public health, safety, or welfare of the
Town, or injurious to the property or improvements in the vicinity and zoning district in which
the properly is located;
F. The site for the proposed use is:
1. Physically suitable for the type and density/intensity of development being proposed;
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Use Permits and Minor Use Permits
18.76
Adequate in size and shape to accommodate the use and all fences and walls, landscaping,
loading, parking, yards, and other features required by this Development Code; and
Served by streets adequate in width and pavement type to carry the quantity and type of
traffic generated by the proposed development.
Them are adequate provisions for public and emergency vehicle access, fire protection, sanitation,
water, and public utilities and services to ensure that the proposed development would not be
detrimental to public health and safety. Adequate provisions shall mean that distribution and
collection facilities and other infrastructure are installed at the time of development and in
operation prior to occupancy of buildings and the land, and all development fees have been paid
prior to occupancy of buildings and the land.
The proposed development is consistent with all applicable regulations of the Nevada County
Department of Environmental Health and the Truckee Fire Protection District for the transport,
use, and disposal of hazardous materials.
For Use Permits in the CH zoning district, the futura development and land use planning of the
subject property and the surrounding area has been taken into account in the approval of the
subject Use Permit.
18.76.040 - Conditions of Approval
mo
Review authority may impose conditions. In approving a Use Permit, the Zoning Administrator
or Commission may impose specific development conditions relating to the construction (both on-
and off-site improvements), establishment, maintenance, location, and operation of the proposed
activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance
with the findings required by Section 18.76.030 (Findings and Decision).
B°
Examples of appropriate conditions. Appropriate conditions may include but not be limited to
buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements,
parking, performance guarantees, periodic review of the permit with authority to modify or add
new conditions based on the results of the review, property maintenance, signs, specified duration
for the permit, surfacing, traffic circulation, etc.
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Use Permits and Minor Use Permits
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September 2001
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Historic Design Review
18.77
CHAPTER 18.77 - HISTORIC DESIGN REVIEW
Sections:
18.77.010
18.77.020
18.77.030
18.77.040
18.77.050
18.77.060
Purpose of Chapter
Applicability of Historic Design Review
Historic Design Review Procedures
Findings and Decision for Certificate of Appropriateness
Conformance to Plans
Certificate of Economic Hardship
18.77.010 - Purpose of Chapter
This Chapter establishes procedures for the comprehensive review of development to implement the
requirements of the -lip District and the goals and policies of the General Plan and Downtown Specific
Plan, including the Historic Resources Element.
18.77.020 - Applicability of Historic Design Review
When required. All projects that require a land use or building permit or will affect the exterior
appearance of any building or property within the -HP district shall be subject to Historic Design
Review in compliance with this Chapter. In addition, public projects such as sidewalk installation,
traffic circle installation, and other streetscape and pedestrian / bicycle improvement projects
within the -HP district shall be subject to Historic Design review.
Building permits. No building permit shall be issued for any project until the project has been
evaluated through the Historic Design Review process, a Certificate of Appropriateness or
Certificate of Economic Hardship has been granted, and the appropriate land use permit has been
issued.
18.77.030 - Historic Design Review Procedures
Commencement of review. The Historic Design Review process is initiated when the Director
receives a complete application. The application package shall include all plans, elevations,
specifications, sample matehals, etc. as specified in the application and any additional information
required by the Director in order to conduct a thorough review of the proposed project.
Review with other permits. Historic Design Review for projects that require the approval of a
discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with
the review of the discretionary permit application, and the final determination shall be made by
the highest level of review authority acting on the project application. The Director shall prepare
a report for the review authority outlining the findings and any conditions relating to the Historic
Design Review prior to the review authohty's consideration of the project. The report containing
findings and any conditions shall also be forwarded to the applicant prior to consideration by the
review authority.
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Historic Design Review
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Review by Historic Preservation Advisory Commission. The Historic Design Review
application shall be forwarded to the Historic Preservation Advisory Commission (HPAC) for
review. The HPAC shall review the application in accordance with the requirements of this
Chapter and the Historic Design Guidelines and forward a recommendation of approval,
conditional approval, or denial to the Director. The Director may exempt applications from
review by the HPAC if the application is minor in nature or a quorum of the HPAC cannot be
called within a reasonable period of time for the Director to review the land use permit within the
time limits imposed by this Development Code. The following projects are considered exempt
from HPAC review:
1. Color schemes acceptable for repainting, including acceptable trim combinations
2. Maintenance projects involving replacement with like materials and like colors
Replacement of doors and windows with doors or windows of the same size, like materials,
and similar style
4. Replacement of roof of similar color and material
Replacement of sign lettering which is similar is type style and color to previous sign
lettering.
Other minor projects similar to those listed above, as determined by the Community
Development Director.
Factors to be considered. In conducting a Historic Design Review for a particular project, the
Director shall consider the location, design, site plan configuration and the overall effect of the
proposed project upon surrounding properties and the Downtown Study Area in general. Historic
Design Review shall be conducted by comparing the proposed project to applicable General Plan
policies, the Downtown Specific Plan, adopted development standards, Historic Design
Guidelines, and other applicable ordinances of the Town.
Reference to Historic Design Guidelines. In reviewing projects subject to the requirements of
this Section, the Director shall refer to Chapter 18.26 (Historic Preservation Design Guidelines)
in order to provide guidance to applicants seeking to comply with the requirements of this
Chapter.
Action, conditions. The Director may approve or recommend approval of a certificate of
appropriateness in accordance with Section 18.77.040 (Findings and Decision) or a certificate of
economic hardship in accordance with Section 18.77.060 (Certificate of Economic Hardship).
The Director may impose conditions to ensure that the project would meet all of the required
findings. Conditions may relate to both on- and off-site improvements that are necessary to
mitigate project-related impacts, and to carry out the purpose and requirements of the respective
zoning district.
Revised plans. Where conditions are imposed that may substantially alter a proposed project, the
applicant may be requested to submit revised plans at the discretion of the Director.
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Historic Design Review
18.77
18.77.040 - Findings and Decision for Certificate of Appropriateness
A. Approval. The Director or review authority may grant a Certificate of Appropriateness with or
without conditions, only if all of the following findings can be made:
The project, including its character, scale and quality of design, are consistent with the
purpose of this Chapter, and all applicable development standards and historic design
guidelines;
With regard to a designated historic resource, the proposed work will neither adversely
affect the significant architectural features of the designated historic resource nor adversely
affect the character of historical, architectural, or aesthetic interest or value of the
designated resource and its site;
With regard to any property located within the District, the proposed work conforms to the
historic design guidelines for the district and does not adversely affect the character of the
district;
In case of construction of a new i~nprovement, addition, building, or structure upon a
designated historic resource site, the exterior of such improvements will not adversely
affect and will be compatible with the use and exterior of existing designated historic
resources, improvements, buildings, natural features, and structures on said site.
The proposed project is consistent with the General Plan and the Downtown Study Area
Specific Plan.
Denial. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the
reasons for denial. The Director shall make recommendations to the applicant concerning
changes, if any, in the proposed action that would cause the Director to reconsider its denial and
shall confer with the applicant and attempt to resolve as quickly as possible the differences
between the owner and the Director. The applicant may resubmit an amended application or
reapply for a building or demolition permit that takes into consideration the recommendations of
the Director.
18.77.050 - Conformance to Plans
All work performed under a Building Permit for which project drawings and plans received a
Certificate of Appropriateness shall conform to the approved drawings and plans and any
conditions of approval.
Any modifications to or deviations from the drawings and plans approved under this Chapter shall
be approved by the Director. In the case of a discretionary permit, the Director may approve
minor modifications but the original review authority shall review and approve any major
modifications.
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Historic Design Review
18.77
18.77.060 - Certificate of Economic Hardship
Ao
Purpose. This section establishes procedures for the review of requests to reduce or waive the
standards of this Chapter if such standards will cause an immediate extreme hardship because of
conditions peculiar to the particular structure involved and the damage to the property owner is
unreasonable in comparison to the benefit conferred to the community. The certificate of
economic hardship shall be reviewed and approved in accordance with the requirements of this
section.
Application filing, processing, and review. An application for a certificate of economic hardship
shall be processed in the same manner as Variances except as modified by the requirements of this
section. Prior to the Zoning Administrator or Planning Commission taking action on the
application, the application shall be forwarded to the Historic Preservation Advisory Commission
for review. The HPAC shall review the application in accordance with the requirements of this
section and the Historic Design Guidelines and forward a recommendation in writing of approval
in whole or in part, conditional approval, or denial to the reviewing authority. The HPAC shall
recommend approval in whole or in part, or disapproval in whole or part, of the application in
writing.
Co
Additional materials. The HPAC and the Director shall be authorized to request the applicant
to furnish material evidence supporting their request for a Certificate of Economic Hardship or
shall furnish evidence or testimony to complete the application for Certificate of Economic
Hardship including any or all of the following:
Cost estimates of the proposed construction, alteration, demolition, or removal, and an
estimate of the additional cost(s) that would be incurred to comply with the conditions for
approval and issuance of a Certificate of Appropriateness.
A report from a licensed engineer or architect with experience in rehabilitation as to the
structural soundness of any structures on the property and their suitability for rehabilitation.
Estimated market value of the property in its current condition; estimated market value after
completion of the proposed construction, alteration, demolition, or removal, in accordance
with the Certificate of Appropriateness; and, in the case of a proposed demolition, after
renovation of the existing property for continued use.
In the case of a proposed demolition, an estimate from an architect, developer, real estate
consultant, appraiser, or other real estate professional experienced in rehabilitation as to the
economic feasibility of rehabilitation or muse of the existing stmcture on the property and
its market value for continued use after rehabilitation.
For income-producing properties, information on annual gross income, operating and
maintenance expenses, depreciation deductions, and annual cash flow after debt service,
current property value appraisals, assessed property valuations, real estate taxes, and any
other information considered necessary to determine whether substantial evidence of
economic hardship exists.
Remaining balance on any mortgage or other financing secured by the property and annual
debt service, if any, for the previous two years.
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Historic Design Review
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All appraisals obtained within the previous two years by the owner or applicant in
connection with the purchase, financing, or ownership of the property.
Amount paid for the property, the date of purchase, and the party from whom purchased,
including a description of the relationship, if any, between the owner of record or applicant
and the person from whom the property is purchased, and any terms of financing between
the seller and buyer; any listing of the property for sale or rent, price asked, and offers
received, if any, within the previous two years.
9. Assessed value of the property according to the two most recent assessments.
10. Real estate taxes for the previous two years.
11. Form of ownership or operation of the property, whether sole proprietorship, for profit or
non-profit corporation, limited partnership, joint venture, or other.
12. Any other information considered necessary for a determination as to whether the property
yields or may yield a reasonable return to the owners.
Findings and Decision. The Zoning Administrator or Planning Commission may grant a
Certificate of Economic Hardship with or without conditions, only if all of the following findings
can be made:
Denial of the Certificate of Appropriateness, or compliance with any of its conditions of
approval, will cause an immediate extreme hardship because of conditions peculiar to the
particular structure or other feature involved;
All reasonable use of or return from a designated resource or property within an historic
district will be denied a property owner; (In this context, personal, family, or financial
difficulties, loss of prospective profits, and neighboring violations are not justifiable
hardships.)
Denial of the application will diminish the value of the subject property so as to leave
substantially no value;
Sale or rental of the property is impractical, when compared to the cost of holding such
property of uses permitted in this zone;
An adaptive reuse study has been conducted and found that utilization of the property for
lawful purposes is prohibited or i~npractical;
6. Rental at a reasonable rate of return is not feasible;
Denial of the Certificate of Appropriateness would damage the owner of the property
unreasonably in comparison to the benefit conferred on the community;
All means involving Town-sponsored incentives, such as transfer of development rights,
tax abatements, financial assistance, building code modifications, changes in the zoning
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Historic Design Review
18.77
ordinance, loans, grants, and reimbursements, have been explored to relieve possible
economic disincentives.
In the case of a proposed demolition, the Director shall make a finding that the designated
resource cannot be remodeled or rehabilitated in a manner which would allow a reasonable
use of or return from the property to the property owner.
E. Plan to relieve economic hardship.
In the case of a finding of economic hardship, this finding shall be accompanied by a plan
developed by the Town and/or applicant to relieve economic hardship. This plan may
include, but is not limited to, property tax relief, loans or grants from the Town or other
private sources, acquisition by fee purchase or eminent domain, use of the State Historic
Building Code, redevelopment funds, development fees for historic preservation, changes
in applicable zoning regulations, transfer of unused development rights, or relaxation of the
provisions of this Chapter sufficient to allow reasonable beneficial use or return from the
property. The Director and the Town shall have a period not to exceed 120 days to make
recommendations and develop and adopt a plan in order to relieve economic hardship and
to allow the applicant a reasonable use of, and economic return from, the property or
otherwise preserve the subject property.
If, by the end of this 120 day period, the Community Development Director has found that
without approval of the proposed work, the property cannot be put to a reasonable
economic return therefrom, then the Director shall issue a Certificate of Economic Hardship
approving the proposed work. If the Director finds otherwise, it shall deny the application
for a Certificate of Economic Hardship and notify the applicant by mail of the final denial.
Condition of demolition permit. If approval of a Certificate of Economic Hardship will result
in the demolition of a historic resource, the applicant shall be required to provide documentation
of the historic resource proposed for demolition to the standards of the Historic American
Building Survey. Such documentation may include photographs, floor plans, measured drawings,
archaeological survey, or other documentation stipulated by the Director.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Planned Developments
18.78
CHAPTER 18.78 - PLANNED DEVELOPMENTS
Sections:
18.78.010 - Purpose of Chapter
18.78.020 - Applicability
18.78.030 - Application Filing
18.78.040 - Findings and Decision
18.78.050 - Conditions of Approval
18.78.010 - Purpose of Chapter
This Chapter is intended to promote and encourage maximum flexibility in site planning, property
development, design, and open space areas, while protecting the public health, safety, welfare,
integrity, and character of the Town, and ensuring consistency with the General Plan and any
applicable Specific Plan.
Planned Developments are encouraged and expected to produce a comprehensive development
of greater quality than that normally resulting from the more traditional development review
process.
Project review shall determine whether the proposed planned development should be approved
by weighing the public need for, and the benefit(s) to be derived from, the proposed development
against the potential negative effect(s) it may cause.
18.78.020 - Applicability
mo
Use of Planned Development. A Planned Development may be requested by a property owner
for any residential development project in any residential zoning district, any commercial
development in any commercial zoning district, any industrial/manufacturing development project
in any manufacturing zoning district, or any development in the Public zoning district.
The approval of a Planned Development may adjust or modify, where necessary and
justifiable, all applicable development standards (e.g., building envelope, off-street parking,
street layout, etc.) identified in this Development Code, with the exception of
density/intensity provisions;
A Planned Development may authorize a land use activity that is not otherwise allowed in
the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses)
provided the review authority finds that the primary uses of the planned development are
allowed in the applicable zoning district and the planned development maintains the
characteristics and purpose of the applicable zoning district; and
Approval of a Planned Development shall be required before the approval of any Building,
Grading, or other construction permit, or other authorization required by the Municipal
Code or this Development Code for the proposed use or construction.
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Planned Developments
18.78
B. Compliance with General Plan. Strict compliance with the purpose and intent of the General
Plan and any applicable Specific Plan shall be required.
18.78.030 - Application Filing
The applicant shall prepare and submit an application and project plan to the Department. The project
plan shall be professionally prepared and shall include all information required by the Director.
18.78.040 - Findings and Decision
Following a heating the Commission shall record the decision in writing with the findings upon which
the decision is based. The Commission may approve and/or modify, in whole or in part, with specific
development conditions or deny a Planned Development. The Commission may approve a Planned
Development, only if all of the following findings can be made:
A. The proposed development is:
1. Allowed within the subject zoning district;
Generally complies with all of the applicable provisions of this Development Code and
Public Improvement and Engineering Standards relating to both on- and off-site
improvements that am necessary to accommodate maximum flexibility in site planning and
property development and to canT out the purpose, intent, and requirements of the
respective zoning district, including prescribed development standards and applicable
design guidelines; and
Consistent with the General Plan, any applicable Specific Plan, the Trails Master Plan, and
the Particulate Matter Air Quality Management Plan.
The proposed project would produce a comprehensive development of superior quality (e.g.,
appropriate variety of structure placement and orientation opportunities, appropriate mix of Band
uses and structure sizes, high quality architectural design, increased amounts of landscaping and
open space, improved solutions to the design and placement of parking facilities, etc.) than which
might otherwise occur from the strict application of the provisions and standards identified in this
Development Code;
The proposed development is consistent with the design guidelines, achieves the overall design
objectives of the design guidelines, and would not impair the design and architectural integrity and
character of the surrounding neighborhood;
There are adequate provisions for public and emergency vehicle access, sanitation, water, and
public utilities and services to ensure that the proposed development would not be detrimental to
public health and safety. Adequate provisions shall mean that distribution and collection facilities
and other infrastructure are installed at the time of development and in operation prior to
occupancy of buildings and the land, and all development fees have been paid prior to occupancy
of buildings and the land;
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Planned Developments
18.78
The design, location, size, and operating characteristics of the proposed development would not
be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or
improvements in the vicinity and zoning district in which the property is located;
The approval of the Planned Development is in compliance with the requirements of the California
Environmental Quality Act (CEQA) and there would be no potential significant adverse effects
upon environmental quality and natural resources that could not be properly mitigated and
monitored, unless a Statement of Overriding Considerations is adopted; and
G. The subject site is:
1. Physically suitable for the type and density/intensity of development being proposed;
Adequate in size and shape to accommodate the use and all fences and walls, landscaping,
loading, parking, yards, and other features required by this Development Code; and
Served by streets adequate in width and pavement type to carry the quantity and type of
traffic generated by the proposed development.
The proposed development is consistent with all applicable regulations of the Nevada County
Department of Environmental Health and the Truckee Fire Protection District for the transport,
use, and disposal of hazardous materials.
18.78.050 - Conditions of Approval
In approving a Planned Development, the Commission may impose specific development conditions
relating to the construction (both on- and off-site improvements), maintenance, on-site location, and
operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval
will be in compliance with the findings required by Section 18.78.040 (Findings and Decision). The
conditions may relate to improvements that are necessary to accommodate maximum flexibility in site
planning and property development and to carry out the purpose, intent, and requirements of the respec-
tive zoning district).
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Planned Developments
18.78
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Temporary Use Permits
18.80
CHAPTER 18.80 - TEMPORARY USE PERMITS
Sections:
18.80.010 - Purpose of Chapter
18.80.020 - Applicability
18.80.030 - Findings and Decision
18.80.040 - Conditions of Approval
18.80.050 - Post Approval Procedures
18.80.010 - Purpose of Chapter
This Chapter provides for short-term commercial activities that may not meet the normal development
or use standards of the applicable zoning district, but may otherwise be acceptable because of their
temporary nature.
18.80.020 - Applicability
A. Director's review. This Chapter establishes a process for the Director's review of a proposed
temporary use to ensure basic health, safety, and community welfare standards are met, and only
suitable temporary uses with the minimum necessary conditions or limitations consistent with the
temporary nature of the use are approved.
B. Related provisions. This Chapter shall be considered and used together with the Allowed Uses
and Permit Requirements tables in Article II (Zoning Districts and Allowable Land Uses) and
Chapter 18.62 (Temporary Uses and Events), which identifies the following additional
information regarding the applicability of a Temporary Use Permit:
1. Exempt Temporary Uses and Events;
2 Allowable Temporary Uses and Events; and
3. General Requirements for all Temporary Uses.
18.80.030 - Findings and Decision
The Director ~nay approve or conditionally approve a Temporary Use Permit application if the
following findings can be made. The Director may instead refer any Temporary Use Permit application
to the Zoning Administrator or Commission for review and decision.
A. Adequate parking would be provided in areas not located within the ptt~lic right-of-way or
affecting an existing parking area so as to interfere with more than 10 pere'ent of on-site parking,
established disabled accessible parking, or with vehicular or pedestrian circulation;
B. The proposed temporary use is in compliance with all applicable Town, State, and Federal laws;
September 2001
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Temporary Use Permits
18.80
C. The Fire Chief has determined that the proposed use would not create a fire safety hazard;
D. The subject property is located within a commercial, industrial, or public use zoning district;
E. If the use is occurring on Town owned property, permission from the Town Manager or their
designee has been obtained;
F. Operation of the use would not create adverse traffic safety impacts nor result in detrimental
impacts upon the neighborhood in which it is to be located;
The establishment, maintenance, or operation of the temporary use would not be detrimental to
the public health, safety, or welfare of persons residing or working in the neighborhood of the
proposed use; and
Approved measures for removal of the use and site restoration have been required to ensure that
no changes to the site will limit the range of possible future land uses otherwise allowed by this
Development Code.
18.80.040 - Conditions of Approval
In approving a Temporary Use Permit, the Director may impose any conditions deemed reasonable and
necessary to ensure that the approval will be in compliance with the findings required by Section
18.80.030 (Findings and Decision). Standards for floor areas, heights, landscaping areas, off-street
parking, setbacks, and other structure and property development standards that apply to the category
of use or the zoning district of the subject site shall be used as a guide for determining the appropriate
development conditions/standards for the temporary use. However, the Director may grant an
adjustment from the specific require~nents as deemed necessary or appropriate.
18.80.050 - Post Approval Procedures
The following procedures, in addition to those identified in Chapters 18.70 (Applications. Processing,
and Fees) and 18.84 (Permit Implementation, Time Limits, and Extensions), shall apply following the
approval of a Temporary Use Permit:
Condition of site following temporary use. Each site occupied by a temporary use shall be
cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal
of the use, and shall thereafter be used in compliance with the provisions of this Development
Code. The Director may require a cash surety as a condition of approval to ensure the site
restoration and adequate cleanup after the use is finished; and
B. Revocation. The Director may revoke or modify a Temporary Use Permit with only a 24-hour
notice, in compliance with Chapter 18.190 (Revocations and Modifications).
September 2001
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Variances
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.82
CHAPTER 18.82 - VARIANCES AND HISTORIC VARIANCES
Sections:
18.82.010 - Purpose of Chapter
18.82.020 - Applicability
18.82.030 - Findings and Decision
18.82.040 - Conditions of Approval
18.82.050 - Historic Variances
18.82.010 - Purpose of Chapter
This Chapter provides for modifications and adjustments of the standards of this Development Code
only when, because of special circumstances applicable to the property, including location, shape, size,
surroundings, or topography, the strict application of this Development Code deprives the property
owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
18.82.020 - Applicability
Adjustments allowed. The Zoning Administrator may grant an adjustment from the requirements
of this Development Code governing only the following development standards, unless the
requested adjustment(s) involves a project that is otherwise part of a permit, entitlement, or
modification requiring Commission action. In those instances, the Commission shall have the
authority to review and decide the Variance application at the same time that they consider the
companion permit, entitlement, or modification:
1. Dimensional standards (e.g., building coverage, distance between structures, landscape, parcel
area and paving requirements, parcel dimensions, setbacks, and structure heights);
Number and dimensions of off-street parking and drive areas, loading spaces, and
landscaping, lighting, or parking requirements, except as otherwise provided in this
Development Code; and
3. Sign regulations (other than prohibited signs).
Adjustments prohibited. The power to grant Variances does not include the authority to allow
a use of land not normally allowed in the applicable zoning district by Article II (Zoning Districts
and Allowable Land Uses), or to modify residential density regulations.
Historic Variances. Variances from the requirements of this Development Code applicable to
historic resources are subject to Section 18.82.050 (Historic Variances).
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TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Variances 18.82
18.82.030 - Findings and Decision
Following a public hearing, the Zoning Administrator shall record the decision in writing with the
findings upon which the decision is based, in compliance with State law (Government Code Section
65906). The Zoning Administrator may refer the application to the Commission for review and
decision. The Zoning Administrator or Commission may approve a Variance with or without
conditions, only if all of the following findings can be made:
A. General findings. The following findings are required for all Variances:
There are special circumstances applicable to the property (e.g., location, shape, size,
surroundings, or topography), so that the strict application of this Development Code
deprives the property owner privileges enjoyed by other property owners in the vicinity and
under identical zoning districts;
2. The variance authorized does not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and in the same zoning district;
The approval of the Variance is in compliance with the requirements of the California
Environmental Quality Act (CEQA) and there would be no potential significant adverse
effects upon environmental quality and natural resources that could not be properly mitigated
and monitored, unless a Statement of Overriding Considerations is adopted;
4. Granting the Variance:
a. Does not allow a use or activity which is not otherwise expressly allowed in the
applicable zoning district;
Would not be detrimental to the public health, safety, or welfare, or injurious to the
property or improvements in the vicinity and zoning district in which the property is
located; and
c. Is consistent with the General Plan and any applicable Specific Plan.
5. The variance is the tninimum departure from the requirements of this Development Code
necessary to grant relief to the applicant, consistent with Subsections 1. and 2., above.
Findings for off-street parking variances. For a nonresidential development project proposing
to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities
instead of the required on-site parking spaces, the following findings shall be made in a positive
manner, in compliance with State law (Government Code Section 65906.5):
1. The Variance will be an incentive to, and a benefit for, the subject nonresidential
development; and
2. The Variance will facilitate access to the subject nonresidential development by patrons of
public transit facilities.
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Variances 15.82
18.82.040 - Conditions of Approval
In approving an application for a Variance, the Zoning Administrator or Commission may impose
conditions relating to the construction (both on- and off-site improvements), establishment,
maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary
to ensure that the approval will be in compliance with the findings required by Section 18.82.030
(Findings and Decision).
18.82.050 - Historic Variances
ho
Purpose. This Section provides for modifications and adjustments of the development standards
of this Development Code only when the strict application of this Development Code may impair
the ability of a historic resource to be properly used for adaptive reuse and/or to be altered in a
manner that will have the least impact upon its historic character and the surrounding area. The
intent of this Chapter is to grant Historic Variances only to the extent that they are necessary to
achieve the objectives stated and no further.
B. Applicability.
i. No property shall be eligible for a Historic Variance unless and until such property is
designated as a historic resource by the Town Council.
2. In the event that a property loses its status as a historic resource, the provisions of this Chapter
shall thereafter be rendered inapplicable to such property.
Variances to the development standards of Chapter 18.77 (Historic Design Review) and
Chapter 18.26 (Historic Preservation Design Guidelines) shall be processed in accordance
with their respective provisions.
Application filing, processing, and review. An application for Historic Variance shall be
processed in the same manner as Variances as described in Section 18.82.030, except as modified
by the requirements of this Section. Prior to the Zoning Administrator taking action on the
application, the application shall be forwarded to the Historic Preservation Advisory Commission
for review. The HPAC shall review the application in accordance with the requirements of this
Section and Chapter 18.26 (Historic Preservation Design Guidelines) and forward a
recommendation to the review authority.
Findings and decision. Following a public hearing, the Zoning Administrator shall record the
decision in writing with the findings upon which the decision is based. The Zoning Administrator
may refer the application to the Commission for review and decision. The Zoning Administrator
or Commission may approve a Historic Variance with or without conditions, only if all of the
following findings can be made:
The Historic Variance is necessary to provide for the appropriate adaptive reuse of an existing
historic resource building, and/or to provide for the design and alteration of a historic
resource building in a manner that will enhance its historic and functional use and utility;
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Variances 18.82
2. The Historic Variance will not prevent the use from being able to adequately function on the
site;
3. The Historic Variance will not adversely impact property or public rights-of-way within the
neighborhood and -HP District;
The Historic Variance is the minimum departure from the requirements of this Development
Code necessary, to grant relief to the applicant, consistent with subsections D.1 and D.2
above; and
5. The granting of the Historic Variance is consistent with the General Plan and the Downtown
Specific Plan.
Conditions of approval. In approving an application for a Historic Variance, the Zoning
Administrator or Commission may impose conditions relating to the construction (both on- and
off-site improvements), establishment, maintenance, location, and operation of the proposed
activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance
with the findings required by Section 18.82.050(D) (Findings and Decision).
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Demolition Review
18.83
CHAPTER 18.83 - DEMOLITION REVIEW
Sections:
18.83.010 - Purpose of Chapter
18.83.020 - Applicability of Demolition Review
18.83.030 - Demolition Review Procedures
18.83.040 - Findings and Decision
18.83.010 - Purpose of Chapter
This Chapter establishes procedures and criteria for the review of demolition requests to historic
resources in order to implement the requirements of the -HP District and the goals and policies of the
Historic Resources Element of the General Plan.
18.83.020 - Applicability of Demolition Review
When required. Any and all actions that will result in the removal, relocation, tearing down, or
demolition of a historic resource, or portion thereof, shall be subject to Demolition Review in
compliance with this Chapter. In addition to those building and structures identified as historic
resources in the Truckee Historic Resource Inventory, all structures constructed prior to 1940 shall
be considered historic resources for the purposes of this Chapter until such time the historic
resources inventory is updated.
Building permits. No building permit shall be issued for any demolition until the demolition has
been evaluated through the Demolition Review process and a Certificate of Economic Hardship
has been granted.
18.83.030 - Demolition Review Procedures
Commencement of review. The Demolition Review process is initiated when the Director
receives completed applications for Demolition Review and for a Certificate of Economic
Hardship. The application packages shall include all plans, elevations, specifications, sample
materials, etc. as specified in the application and any additional information required by the
Director in order to conduct a thorough review of the proposed demolition.
Review with other permits. Demolition Review in conjunction with projects that require the
approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur
concurrently with the review of the discretionary permit application, and the final determination
shall be made by the highest level of review authority in compliance with Table 4-1 (Review
Authority) and Section 18.70.030 (Concurrent Permit Processing). The Director shall prepare a
report for the review authority outlining the findings and any conditions relating to the Demolition
Review prior to the review authority's consideration of the project. The report containing findings
and any conditions shall also be forwarded to the applicant prior to consideration by the review
authority.
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Demolition Review
18.83
Co
Review by Historic Preservation Advisory Commission. The Demolition Review application
shall be forwarded to the Historic Preservation Advisory Commission (HPAC) for review. The
HPAC shall review the application in accordance with the requirements of this chapter and the
Historic Design Guidelines and forward a recommendation of approval, conditional approval, or
denial to the Director.
Factors to be considered. In conducting a Demolition Review for a particular project, the
Director shall consider the location and the overall effect of the proposed demolition upon
surrounding properties and the Downtown Study Area in general. Demolition Review shall be
conducted by comparing the proposed demolition to applicable General Plan policies, the
Downtown Study Area Specific Plan, adopted development standards, design guidelines, and other
applicable ordinances of the Town.
to
Reference to Certificate of Economic Hardship and Historic Design Guidelines. In reviewing
demolitions subject to the requirements of this Chapter, the Director shall consider the standards
and guidelines of Section 18.77.060 (Certificate of Economic Hardship) and Chapter 18.26
(Historic Preservation Design Guidelines).
Action, conditions. The Director may approve or recommend approval of the design of a
proposed demolition in compliance with Section 18.83.040 (Findings and Decision). The Director
may impose conditions upon the demolition to ensure that the project would meet all of the
required findings.
Exemption. The Director may exempt a Demolition Review application from the requirements
of this Chapter and authorize the removal or demolition of a historic resource if the historic
resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner,
or that of the general public, and immediate action must be taken on the application to safeguard
the public health, safety, and welfare.
18.83.040 - Findings and Decision
The Director may refer the application to the Planning Commission for review and decision. The
Director or review authority may grant Demolition Review approval with or without conditions, only
if one of the following findings can be made:
A. The findings for a Certificate of Economic Hardship can be made and a Certificate of Economic
Hardship is granted in cmnpliance with Section 18.77.060 (Certificate of Economic Hardship);
The historic resource poses an immediate danger to the health, safety, or welfare of the occupants,
the owner, or that of the general public; them am no other reasonable actions that may be taken
by the town or property owner to eliminate or reduce the immediate danger to an acceptable and
safe level; and the historic resource must be demolished immediately to safeguard the public
health, safety, and welfare; or
C. The historic resource must be removed from the site in order for the property to be utilized for a
public structure or use which substantially benefits the public.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Permit Implementation, Time Limits, Extensions
18.84
CHAPTER 18.84 - PERMIT IMPLEMENTATION, TIME LIMITS,
AND EXTENSIONS
Sections:
18.84.010-
18.84.020 -
I8.84.030 -
18.84.040 -
18.84.050 -
18.84.060 -
18.84.070 -
18.84.080 -
18.84.090 -
Purpose of Chapter
Effective Date of Permits
Applications Deemed Approved
Performance Guarantees
Time Limits, Phasing, and Extensions
Time Extensions for Building Permits
Changes to an Approved Project
Resubmittals
Covenants of Easement
18.84.010 - Purpose of Chapter
This Chapter provides requirements for the implementation or "exercising" of the land use permits or
entitlements specified by this Development Code, including time limits and procedures for granting
extensions of time.
18.84.020 - Effective Date of Permits
Ao
Effective after appeal period. Development Permits, Planned Developments, Temporary Use
Permits, Use Permits, and Variances shall become effective the day after the appeal period has
ended, provided that no appeal of the review authority's approval has been filed in compliance
with Chapter 18.140 (Appeals).
Appeal of Director's action. If the appeal of a decision by the Director is filed in a timely
manner, the permit or entitlement shall be placed on hold pending the final decision on the appeal
by the Commission.
Commission's action. If the appeal of a decision by the Director is denied by the Commission,
the permit or entitlement shall become effective on the day after the appeal period has ended,
provided that no appeal of the Commission's action has been filed.
Do
Appeal of Zoning Administrator's and Commission's action. If the appeal of a decision by the
Zoning Administrator or Commission is filed in a timely manner, the permit or entitlement shall
be placed on hold pending the final decision on the appeal by the Council.
E. Council's action is final.
If the Council denies the appeal on a decision by the Zoning Administrator or Commission,
or modifies the approval of the permit or entitlement, the permit or entitlement shall become
effective immediately following the Council's action.
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Permit Implementation, Time Limits, Extensions
18.84
2. If the appeal of a decision by the Commission is approved and the permit or entitlement is
denied by the Council on appeal, the permit or entitlement shall be deemed void.
18.84.030 - Applications Deemed Approved
Any land use permit application deemed approved in compliance with State law (Government Code
Section 65956) shall be subject to all applicable provisions of this Development Code, which shall be
satisfied by the applicant before any Building Permit is issued or a land use not requiring a Building
Permit is established.
18.84.040 - Performance Guarantees
A permit applicant may be required by conditions of approval, or by action of the Director, to provide
adequate performance guarantees (e.g., bonds, cash deposits, certified letter of credit, etc.) to ensure the
faithful performance of any or all conditions of approval imposed by the review authority. The Director
shall be responsible for setting the amount of the required performance guarantee, after consultation
with the Town Building Official.
18.84.050 - Time Limits, Phasing, and Extensions
Time limits. Unless conditions of approval establish a different time limit, any land use permit
or entitlement, except a Zoning Clearance, not exercised within two years of approval, including
any extension(s), whichever is greater, shall be deemed expired. A Zoning Clearance not
excercised within one year of the issuance of the building and/or grading permit, or 120 days
where no building and/or grading permit is required, shall be deemed expired.
The permit shall not be deemed exercised until the permittee has obtained a Building Permit
and diligently pursued construction, or has actually commenced the allowed use on the
subject properly in compliance with the conditions of approval, for uses that do not require
a Building Permit. Diligent pursuit shall require, at a minimum, the completion of the
installation of the foundation(s) for all structure(s) on the property.
Any permit or entitlement which was approved before the adoption of this Development
Code without a specific time limit, shall be exercised within two years of approval, or the
time periods allowed to complete a Building Permit, including any extensions, whichever is
greater, or the permit shall be deemed expired.
For permits or entitlements without provisions for phasing, the use of the property including
the construction of all structures and other features of the project, as shown in the approved
permit, shall be completed within four years from the date of approval of the permit. Projects
granted one two-year extension, in compliance with Subsection C., below, shall require
completion within six years from the original date of approval of the permit. Permits not
completed within these time periods shall deemed expired.
B. Phasing.
1. Authorization for phasing required. Where the permit or entitlement provides for
development in two or more phases or units in sequence, the permit or entitle~nent shall not
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Permit Implementation, Time Limits, Extensions
18.84
be approved until the review authority has approved the final development plan for the entire
project site. The project applicant shall not be allowed to develop one phase in compliance
with the pre-existing base zoning district and development standards and then develop the
remaining phases in compliance with this Development Code.
Maximum interval between phases. Construction shall commence for each phase of a
multi-phase project within two years after construction has commenced on the previous
phase, or the land use permit shall be deemed expired. If the application for the permit also
involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative
Map and the permit or entitlement shall be exercised before the expiration of the companion
Tentative Map.
Extensions of time. Upon the filing of a request for extension by the applicant, the original
review authority may extend the time to establish an approved use.
The applicant shall file a written request for an extension of time with the Director in advance
of the expiration date, together with the filing fee required by the Council's Fee Resolution.
If the application also involves the approval of a tentative map, the extension shall be
consistent with the tentative map extension, in compliance with State law (Government Code
Section 66452.12) and Section 18.96.150 (Extensions of Time for Tentative Maps).
If the permit or approval being considered for extension originally required a noticed public
hearing, the review authority shall hold a public hearing on the proposed extension of a
permit, and give notice, in compliance with Chapter 18.180 (Public Hearings).
3. Consideration of extension.
The review authority shall determine whether the permittee has made a good faith effort
to exercise the permit and that the request is still in compliance with this Development
Code, the General Plan, and any applicable Specific Plan.
b. The burden of proof is on the permittee to establish, with substantial evidence, why the
permit should be extended.
If the review authority determines that the permittee has proceeded in good faith, has
exercised due diligence in seeking to establish the permit and that the request is still in
compliance with this Development Code, the General Plan, and any applicable Specific
Plan, the review authority may grant an extension of the permit for a period of up to a
total of two additional years.
The review authority may impose conditions on the approved extension deemed
reasonable and necessary to ensure that the approval will remain in compliance with the
findings required by this Article for the applicable land use permit, and to bring the
project into compliance with the General Plan and this Development Code.
e. On Tentative Map extensions, the review authority shall either approve, without new
conditions, or deny the extension.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Permit Implementation, Time Limits, Extensions
18.84
18.84.060 - Time Extensions for Building Permits
A. Director's review. The Director shall review all applications for time extensions for Building
Permits before they are granted by the Building Official.
B. Purpose of review. The Director's review shall determine that the development project, covered
by the Building Permit, remains in full compliance with this Development Code.
C. Findings. The Building Official shall not grant the requested time extension if:
1. Substantial work in compliance with the original permit has not occurred; and
2. The Director finds that the project described in the Building Permit is not in compliance with
any applicable provision of this Development Code.
18.84.070 - Changes to an Approved Project
Any development or new land use authorized through a Development Permit, Planned Development,
Temporary Use Permit, Use Permit, or Variance shall be established only as approved by the review
authority and subject to any conditions of approval imposed on the project, except where changes to
the project are approved in compliance with this Section.
mo
Application requirements. An applicant shall request desired changes in writing, and shall also
furnish appropriate supporting materials and an explanation of the reasons for the request.
Changes may be requested either before or after construction, or establishment and operation of
the approved land use.
Bo
Extent of changes allowed. Generally, minor changes to an approved project may be authorized
by the Director while major changes shall only be authorized by the original review authority,
unless expressly stated otherwise by the conditions of approval imposed on the project, as follows:
1. Minor changes. The Director may authorize ~ninor changes to an approved site plan,
architecture, or the nature of the approved use if the changes:
a. Are consistent with all applicable provisions of the Development Code;
Do not involve a feature of the project that was a specific consideration by the review
body in taking action in the adoption of findings in a negative declaration or
environmental impact report (EIR) for the project;
Do not involve a feature of the project that was a basis for conditions of approval for the
project that imposed limitations, restrictions, or requirements upon the feature above and
beyond the requirements of this Development Code or that was a specific consideration
by the review body in taking action in the approval permit;
Do not result in a expansion of the use greater than i0 percent of the total floor area, 10
percent of any outdoor activity area(s), or 10 percent of the total site disturbance area(s);
and
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Permit Implementation, Time Limits, Extensions
18.84
e. Do not involve a substantial change to the site plan or the building design.
2. Major changes.
Major changes to the project which involve features described in Subsections B.l.b.,
B.1. c., B.l.d., and B.l.e, above, shall only be approved by the review authority through
a new land use permit application or modification of a land use permit, processed in
compliance with this Development Code.
If a new land use permit application, or modification of a land use permit, is
subsequently approved by the review authority, any previously approved land use
permit shall be deemed void and superseded by the new land use permit, or
modification.
If any of the matters identified above originally required a noticed public hearing, the
review authority shall hold a public hearing on the proposed/requested change(s), and
give notice, in compliance with Chapter 18.180 (Public Hearings).
18.84.080 - Resubmittals
Time limit for resubmittals. When an application for a land use permit, or modification to a land
use permit, is denied, no application for the same or substantially similar permit or modification
for the same site shall be filed in whole, or in part, within six months of the date of denial, except
as may be specified at the time of denial.
Action of Director. The Director shall determine whether the new application is for a land use
permit, or modification, which is the same or substantially similar to the previously denied permit,
or modification.
Co
Effective date. The decision of the Director shall become effective the day after the appeal period
has ended, provided that no appeal of the Director's decision has been filed in compliance wih
Chapter 18.140 (Appeals).
18.84.090 - Covenants of Easement
Covenant may be required. When necessary to achieve the land use goals of the Town, the
Town may require a property owner(s) holding property in common ownership to execute and
record a Covenant of Easement in favor of the Town and providing for air access, emergency
access, landscaping, light, and parking access, avigation, or for open space. The Covenant may
be imposed as a condition of approval by the Director, Zoning Administrator, Commission, or
Council.
Form of Covenant. The Covenant of Easement shall describe the real property to be subject to
the easement and the real property to be benefitted by the easement. The Covenant shall also
identify the approval or permit granted which relied upon or required the Covenant. The form of
the Covenant shall be approved by the Town Attorney.
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18.84
Effect of Covenant. The Covenant shall be effective when recorded and shall act as an easement
in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of
Division 2 of the Civil Code), except that it shall not merge into any other interest in the real
property. Civil Code Section 1104 shall be applicable to conveyance of the affected real property.
From and after the time of its recordation, the Covenant shall impart notice to all persons to the
extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant
shall be binding upon, and the benefits of the Covenant shall inure to, all successors-in-interest to
the real property.
Enforceability of Covenant. The Covenant shall be enforceable by the successor(s)-in- interest
to the real property benefitted by the Covenant and the Town. Nothing in this Section creates
standing in any person, other than the Town, and any owner of the real property burdened or
benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment
or release.
Release of Covenant. The Covenant may be released by the Town, at the request of any person,
in accordance with Chapter 18.88 (Vacations).
Fees. The Town may impose fees to recover the Town's reasonable cost of processing a request
for a release. Fees for the processing shall be specified in the Council's Fee Resolution.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE t 8, DEVELOPMENT CODE
Lot Line Adjustments
18.86
CHAPTER 18.86 - LOT LINE ADJUSTMENTS
Sections:
18.86.010 -
18.86.020 -
18.86.030 -
18.86.040 -
18.86.050 -
18.86.060 -
18.86.070 -
Purpose of Chapter
Applicability
Adjustment Application and Processing
Lot Line Adjustment Standards
Approval or Denial of Adjustment
Conditions of Approval
Completion of Adjustment
18.86.010 - Purpose of Chapter
This Chapter provides procedures for the preparation, filing, review, and approval or denial of
applications for Lot Line Adjustment, in compliance with Government Code Section 66412(d).
18.86.020 - Applicability
The Lot Line Adjustment procedure shall be used only for the purpose of relocating lot lines between
two or more adjoining parcels, where land taken from one parcel is added to an adjacent parcel and
where no more parcels are created than originally existed. A Lot Line Adjustment may result in fewer
parcels than originally existed. A Lot Line Adjustment shall be processed in compliance with this
Chapter. For the purposes of this Chapter, an "adjacent parcel" is one that directly touches at least one
of the other parcels involved in the adjustment.
18.86.030 - Adjustment Application and Processing
A Lot Line Adjustment application shall be prepared, filed and processed in compliance with this
Section.
Application content. A Lot Line Adjustment application shall include all information and other
materials prepared as required by the Lot Line Adjustment Preparation and Contents instruction
list, provided by the Department.
Processing. Lot Line Adjustment applications shall be submitted to the Director and shall be
processed according to the procedures specified by Chapter 18.70 (Applications, Processing and
Fees). An environmental assessment in compliance with Section 18.70.060 (Initial Application
Review/Environmental Assessment) may not be required, in compliance with Section 15305 of
the CEQA Guidelines.
18.86.040 - Lot Line Adjustment Standards
The parcels proposed in a Lot Line Adjustment shall be designed to conform with all applicable
standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General
September 2001
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Lot Line Adjustments
18.86
Development Standards); except that an adjustment involving existing nonconforming parcels and/or
parcels with existing nonconforming development may be approved provided that:
The adjustment will not have the effect of creating a greater number of nonconforming parcels than
exist before adjustment and will not cause a parcel that was nonconforming before the adjustment
to become more nonconforming as a result of the adjustment, except where the review authority
determines that the adjustment will substantially improve the conditions of the pre-adjustment
parcel and development;
B. Any existing conforming development on a parcel will not become nonconforming as a result of
the adjustment; and
Where existing development was nonconforming before the adjustment, the adjustment itself will
not increase the nonconformity, except where the review authority determines that the adjustment
will substantially improve the conditions of the pre-adjustment parcel and development.
18.86.050 - Approval or Denial of Adjustment
Public hearing. The Zoning Administrator shall conduct a public hearing in compliance with
Chapter 18.180 (Public Hearings) prior to the approval of a Lot Line Adjustment involving 10 or
more parcels. A public heating shall not be required for a Lot Line Adjustment involving less than
10 parcels.
Findings and decision. Following a required public hearing, and when no hearing is required,
the Zoning Administrator or Director, as applicable, may approve a Lot Line Adjustment, with or
without conditions, only if all of the following findings can be made:
1. The Lot Line Adjustment does not create a greater number of parcels than originally existed;
The parcels resulting from the Lot Line Adjustment and development on those parcels
conform to all applicable requirements of this Chapter, this Development Code, and Title 15
(Building and Construction) of the Municipal Code;
Existing utilities, infrastructure, and easements, including but not limited to streets,
driveways, sewer mains, water mains, and electrical lines, will not be adversely affected by
the Lot Line Adjustment, or if utilities, infrastructure, or easements will be adversely affected,
conditions have been applied to the approval of the Lot Line Adjustment to facilitate their
relocation.
18.86.060 - Conditions of Approval
In approving a Lot Line Adjustment, the Zoning Administrator or Director as applicable may impose
specific development conditions as it Finds are reasonable and necessary to ensure that the approval will
be in compliance with the findings required by Section 18.86.050.B (Findings and Decision).
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18.86.070 - Completion of Adjustment
Within 24 months after approval of a Lot Line Adjustment, the adjustment process shall be completed
as set forth in this Section through the recordation of a deed, after all conditions of approval have been
satisfied.
A. Completion by deed.
A Lot Line Adjustment shall not be considered legally completed until either a grant deed or
a quit claim deed signed by the record owners has been recorded in compliance with this
Section.
The applicant shall submit deeds and a plat map to the Town Engineer for review, approval,
and signature in compliance with Subsection C., below, before recordation of the grant deed
or quit claim deed.
3. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil
engineer, or a licensed land surveyor licensed or registered in California.
Completion by record of survey. If the Town Engineer determines that a record of survey is
required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment
shall not be considered legally completed until a record of survey has been checked by the Town
Surveyor and sent to the County Surveyor for approval and to the County Recorder for
recordation.
C. Review and approval by Town Engineer. The Town Engineer shall:
1. Examine the deeds to ensure that all record title owners have consented to the adjustment;
2. Examine the deeds to ensure that any deeds of trust or similar encumbrances will be modified
to reflect the new parcel descriptions;
Verify that all conditions of approval have been satisfactorily completed and that the deeds
and plat map are in substantial compliance with the Lot Line Adjustment as approved by the
review authority;
4. If satisfied that the deeds and plat map comply with the above requirements, place an
endorsed approval upon the plat map; and
5. After approval of the legal descriptions and plat map, assemble the deeds and retum them to
the applicant for recordation.
Expiration. The approval of a Lot Line Adjustment, including a Lot Line Adjustment that was
approved before the effective date of this Development Code, shall expire and become void if the
adjustment has not been completed in compliance with this Section within 24 months of approval.
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Vacations 18.88
CHAPTER 18.88 - VACATIONS
Sections:
18.88.010 - Purpose of Chapter
18.88.020 - Applicability
18.88.030 - Findings and Decision
18.88.010 - Purpose of Chapter
This Chapter establishes procedures for the review, and approval or denial of the vacation of streets and
public easements and the release of covenants of easements, which is required by State law and the
Town to ensure that the street or easement is not necessary for present or prospective public use.
18.88.020 - Applicability
Any and all requests for the abandonment, vacation, and/or release of streets and public easements shall
be evaluated in compliance with this Chapter.
18.88.030 - Findings and Decision
A request for the vacation of a street or public service easement or the release of a covenant of easement
shall be reviewed and processed in compliance with this section.
Minor street vacation. A request for the vacation of a street may be approved, with or without
conditions, by the Town Council by resolution without public hearing or notice only if the
conformity of the request with the General Plan has been considered and one of the following
findings can be made:
The street has been superseded by relocation of the street and utilities; the relocation of the
street would not cut off all access to a person's property which, prior to relocation, adjoined
the street; and the street is not necessary for present or prospective public use;
The street has been impassable for vehicular traffic for a period of five consecutive years, no
public money was expended for maintenance on the street during such period, there are no
in-place public utility facilities that are in use or would be affected by the vacation, and the
street is not necessary for present or propsective public use; or
The excess right-of-way of the street is not required for street purposes, there are no in-place
public utility facilities that are in use or would be affected by the vacation, and the excess
right-of-way is not necessary for present or prospective public use.
The resolution of summary vacation shall be recorded by the Town with the Office of the County
Recorder.
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Minor public service easement vacation. A request for the vacation of a public Service easement
may be approved, with or without conditions, by the Town Council by resolution without public
hearing or notice only if the conformity of the request with the General Plan has been considered
and one of the following findings can be made:
The easement has not been used for the purpose for which it was dedicated or acquired for
five consecutive years immediately preceding the requested vacation, and the easement is not
necessary for present or prospective public use;
The date of dedication or acquisition of the easement is less than five years, and more than
one year, immediately preceding the requested vacation, the easement was not used
continiuously since that date, and the easement is not necessary for present or prospective
public use; or
3. The easement has been superseded by relocation, there are no other public facilities located
within the easement, and the easement is not necessary for present or prospective public use.
The resolution of summary vacation shall be recorded by the Town with the Office of the County
Recorder.
Major street and public service easement vacation. A request for the vacation of a street or
public service easement not meeting the requirements of Subsections A. and B. may be approved,
with or without conditions, by the Town Council by resolution if all of the findings can be made:
1. The request was considered at a public hearing and noticed in accordance with the
requirements of Sections 8322 and 8323 of the Streets and Highways Code;
2. The request was referred to the Planning Commission for their review, and the Commission
reported on the conformity of the request with the General Plan;
3. The street or public service easement is not necessary for present or prospective public use.
The resolution of summary vacation shall be recorded by the Town with the Office of the County
Recorder.
Release of covenant of easement. A covenant of easement may be released, with or without
conditions, by the review body if all of the findings can be made:
1. A public hearing was held and noticed in accordance with Chapter 18.180 (Public Hearings)
to consider the release of the covenant of easement;
The covenant of easement and the restriction on the property are no longer necessary to
achieve the land use goals of the Town, and the approval of the release is consistent with the
General Plan, any applicable specific plan, the Trails Master Plan, and the Particulate Matter
Air Quality Management Plan.
The release may be effected either by the Zoning Administrator, Planning Commission, or
Council, depending upon which review body imposed the requirement of the covenant. A notice
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of the release of the covenant of easement shall be recorded by the Town Clerk with the Office of
the County Recorder.
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