HomeMy Public PortalAboutTitle 18 Article VTRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
ARTICLE V
Subdivisions
Chapter 18.90 - Subdivision Map Approval Requirements ...................................................... V-5
18.90.010
18.90.020
18.90.030
18.90.040
18.90.050
18.90.060
18.90.070
18.90.080
Title ..................................................................................................................... V-5
Purpose of Article ............................................................................................... V-5
Applicability ....................................................................................................... V-5
Exemptions from Subdivision Approval Requirements ..................................... V-6
Review Authority for Subdivision Applications ................................................. V-8
Exceptions to Subdivision Standards .................................................................. V-8
Violations and Enforcement ............................................................................... V-9
Notice of Judicial Challenge ............................................................................... V-9
Chapter 18.92 - Subdivision Design and Improvement ........................................................... V-11
18.92.010 - Purpose of Chapter ........................................................................................... V-11
18.92.020 - Applicability of Design and Improvement Standards ....................................... V-i 1
18.92.030 - Access, Circulation, Streets .............................................................................. V-12
18.92.040 - Energy Conservation and Solar Access ............................................................ V-15
18.92.050 - Fire Hydrants .................................................................................................... V-16
18.92.060 - Grading, Erosion and Sediment Control ........................................................... V-16
18.92.070 - Major Structures ............................................................................................... V-16
18.92.080 - Monuments ....................................................................................................... V-16
18.92.090 - Parcel and Block Design ................................................................................... V-16
18.92.095 - Parks and Recreation ........................................................................................ V-16
18.92.100 - Public Utilities and Utility Easements .............................................................. V-17
18.92.110 - Residential Density ........................................................................................... V-18
18.92.120
18.92.130
18.92.140
18.92.150
18.92.160
18.92.170
18.92.180
- Sewage Disposal ............................................................................................... V-18
- Street Lighting .................................................................................................. V-18
- Street Names ..................................................................................................... V-18
- Storm Drainage and Watercourses .................................................................... V-19
- Traffic Safety Devices ...................................................................................... V-20
- Water Supply .................................................................................................... V-20
- Zoning Standards .............................................................................................. V-20
Chapter 18.94 - Residential Subdivision Design Guidelines ................................................... V-21.
18.94.010 -
18.94.020 -
18.94.030 -
18.94.040 -
18.94.050 -
18.94.060 -
Purpose of Chapter ........................................................................................... V-21
Applicability ..................................................................................................... V-21
Development Context and Continuity .............................................................. V-21
Project Site Planning ......................................................................................... V-23
Energy Conservation and Solar Orientation ..................................................... V-25
Pedestrian and Vehicular Circulation ................................................................ V-27
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Contents
Chapter 18.96 - Tentative Map Filing and Processing ............................................................ V-29
18.96.010
18.96.020
18.96.030
18.96.040
18.96.050
Tentative Map Preparation, Application Contents ............................................ V-29
Tentative Map Filing, Initial Processing .......................................................... V-29
Evaluation of Application ................................................................................. V-31
Review and Decision ........................................................................................ V-32
Tentative Map Public Hearings ......................................................................... V-32
18.96.060 - Tentative Map Approval or Denial ................................................................... V-33
18.96.070 - Conditions of Approval .................................................................................... V-35
18.96.080 - Appeal ............................................................................................................... V-36
18.96.090 - Effective Date of Tentative Map Approval ....................................................... V-36
18.96.100 - Changes to Approved Tentative Map or Conditions ......................................... V-36
18.96.110 - Completion of Subdivision Process .................................................................. V-37
18.96.120 - Vesting Tentative Maps .................................................................................... V-38
18.96.130 - Tentative Map Time Limits .............................................................................. V-40
18.96.140 - Expiration of Approved Tentative Map ............................................................ V-40
18.96.150 - Extensions of Time for Tentative Maps ............................................................ V-40
18.96.160 - Applications Deemed Approved ....................................................................... V-41
Chapter 18.98 - Parcel Maps and Final Maps ......................................................................... V-43
18.98.010
18.98.020
18.98.030
18.98.040
18.98.050
18.98.060
18.98.070
18.98.080
18.98.090
18.98.100
18.98.110
18.98.120
18.98.130
18.98.140
- Purpose of Chapter ........................................................................................... V-43
- Parcel Maps ...................................................................................................... V-43
- Waiver of Parcel Map ....................................................................................... V-43
- Parcel Map Form and Content .......................................................................... V-45
- Filing and Processing of Parcel Maps ............................................................... V-45
- Parcel Map Approval ........................................................................................ V-46
- Final Maps ........................................................................................................ V-47
- Final Map Form and Content ............................................................................ V-47
- Filing and Processing of Final Maps ................................................................. V-47
- Final Map Approval .......................................................................................... V-47
- Supplemental Information Sheets ..................................................................... V-49
- Recordation of Maps ......................................................................................... V-49
- Effect of Recorded Map .................................................................................... V-50
- Amendments to Recorded Maps ....................................................................... V-50
Chapter 18.100 - Condominiums and Condominium Conversion ......................................... V-51
18.100.010
18.100.020
18.100.030
18.100.040
- Purpose of Chapter ......................................................................................... V-51
- Applicability ................................................................................................... V-51
- Condominiums ................................................................................................ V-51
- Condominium Conversions ............................................................................ V-52
Chapter 18,102 - Certificates of Compliance ........................................................................... V-55
18.102.010-
18.102.020-
18.102.030-
18.102.040-
18.102.050-
Purpose of Chapter ......................................................................................... V-55
Applicability ................................................................................................... V-55
Application Contents ...................................................................................... V-55
Review and Approval ..................................................................................... V-55
Conditional Certificates of Compliance .......................................................... V-56
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Contents
Chapter 18.104 - Reversions to Acreage ................................................................................... V-59
18.104.010
18.104.020
18.104.030
18.104.040
18.104.050
Purpose and Applicability ............................................................................... V-59
Application and Processing ............................................................................. V-59
Findings for Approval of Reversions .............................................................. V-59
Conditions of Approval for Reversions ..........................................................V-60
Final Map Contents ......................................................................................... V-60
Chapter 18.106 - Dedications, Exactions, Reservations, Easements ...................................... V-61
18.106.010 - Purpose of Chapter ......................................................................................... V-61
18.106.020 - Applicability ................................................................................................... V-61
18.106.030 - Findings Required for Dedications and Exactions .......................................... V-61
18.106.040 - Right-of-Way Dedications .............................................................................. V-6!
18.106.050 - Access to the Truckee River and Donner Lake ............................................... V-62
18.106.060 - Reservations of Land for Public Uses ............................................................. V-63
18.106.070 - Easements ....................................................................................................... V-63
Chapter 18.108 - Improvement Plans and Agreements .......................................................... V-65
18.108.010
18.108.020
18.108.030
18.108.040
- Purpose of Chapter ......................................................................................... V-65
- Improvement Plans ......................................................................................... V-65
- Installation of hnprovements .......................................................................... V-66
- Improvement Agreements and Security .......................................................... V-67
Chapter 18.110 - Surveys and Monuments .............................................................................. V-71
18.110.010
18.110.020
18.110.030
18.110.040
- Purpose of Chapter ......................................................................................... V-71
- Survey Procedure and Practice ....................................................................... V-71
- Monuments ..................................................................................................... V-72
- Survey Information on Final or Parcel Map ................................................... V-73
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Contents
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Subdivision Map Approval Requirements
18.90
CHAPTER 18.90 - SUBDIVISION MAP APPROVAL
REQUIREMENTS
Sections:
18.90.010 - Title
18.90.020 ~ Purpose of Article
18.90.030 - Applicability
18.90.040 - Exemptions from Subdivision Approval Requirements
18.90.050 - Review Authority for Subdivision Applications
18.90.060 - Exceptions to Subdivision Standards
18.90.070 - Violations and Enforcement
18.90.080 - Notice of Judicial Challenge
18.90.010 - Title
This Article is and may be cited as the Town of Truckee Subdivision Ordinance.
18.90.020 - Purpose of Article
The regulations in this Article are intended to supplement, implement, and work with the Subdivision
Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the Map
Act). This Article is not intended to replace the Map Act, and mnst be used in conjunction with the
Map Act in the preparation of applications, and the review, approval, and construction of proposed
subdivisions.
18.90.030 - Applicability
The Map Act and this Development Code require that the subdivision of an existing parcel into two or
more proposed parcels be first approved by the Town. In general, the procedure for subdivision fa-st
requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to
complete the subdivision process. The Tentative Map review process evaluates the compliance of the
proposed subdivision with the standards of this Development Code, and the appropriateness of the
proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the
location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are
recorded in the office of the County Recorder.
ao
Tentative Map requirements. Any subdivision or msubdivision of land shall require the filing
and approval of a Tentative Map (see Chapter 18.76, Tentative Map Filing and Processing),
except as otherwise provided by Section 18.90.040 (Exemptions from Subdivision Approval
Requirements), and except for the following.
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1. Exemptions from Tentative Map requirements. The following subdivisions shall require
the filing and approval of a Parcel Map without a Tentative Map:
a. The original, unsubdivided parcel contains less than five acres, each proposed parcel
abuts upon a maintained public street, and no dedications or improvements are
required by this Article; or
b. Each parcel created by the division has a gross area of 20 acres or more and has
approved access to a maintained public street; or
c. The parcel(s) have approved access to a public street which comprises part of a tract
of land zoned for industrial or commercial development, and which has Town
approval for street alignments and widths; or
d. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a
quarter Section; or
e. Until January 1, 2003, the land being subdivided is solely for the creation of an
environmental subdivision in compliance with Map Act Section 66418.2.
2. Condominium construction. The construction of a condominium project on a single
parcel shall require the filing and approval of a Parcel or Final Map, without a Tentative
Map, when in compliance with Section 18.100.030 (Condominiums).
B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:
1. Parcel Map. The filing and approval of a Parcel Map (Chapter 18.98) shall be required
for a subdivision creating four or fewer parcels, with or without a designated remainder in
compliance with Chapter 1, Article 2 of the Map Act, except for a subdivision that has been
granted a waiver of Parcel Map requirements in compliance with Section 18.98.030
(Waiver of Parcel Map).
2. Final Map. The filing and approval of a Final Map (Chapter 18.98) shall be required for
a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map
is instead required by Subsection A. above (Tentative Map Requirements).
C. Conflicts with Map Act. In the event of any perceived conflicts between the provisions of this
Article and the Map Act, the Map Act shall control.
18.90.040 - Exemptions from Subdivision Approval Requirements
As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing
or approval of Tentative, Parcel or Final Maps.
A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the
grazing or pasturing of livestock.
B. Boundary line agreements. Boundary line or exchange agreements to which the State Lands
review authority or a local agency holding a trust grant of submerged lands is a party.
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Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of
an easement, Use Permit, or similar fight on a portion of a parcel, to a telephone corporation as
defined in Public Utilities Code Section 234, exclusively for the placement and operation of
cellular radio transmission facilities, including antenna support structures, microwave dishes,
structures to house cellular communications transmission equipment, power sources, and other
incidental equipment.
Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.
Commercial/industrial financing or leases. The financing or leasing of:
1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate
commercial or industrial buildings on a single parcel; or
The financing or leasing of any parcel or portion of a parcel, in conjunction with the
construction of commercial or industrial buildings on the same site, if Article II of this
Development Code (Zoning Districts and Allowable Land Uses) requires a land use permit
for the project.
F. Condominium conversions. The conversion of:
1. A conununity apartment project or a stock cooperative to condominiums, if the conversion
satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or
2. The conversion of certain mobile home parks to condominiums as provided by Map Act
Section 66428(b).
Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter 18.86.
Mineral leases. Mineral, oil or gas leases.
Public agency or utility conveyances. Any conveyance of land, including a fee interest, an
easement, or a license, to or from a governmental agency, public entity, public utility or a
subsidiary of a public utility for rights-of-way, unless the Director determines, based on
substantial evidence, that public policy necessitates the application of the subdivision regulations
of this Development Code in an individual case. In cases where no Tentative Map, Parcel or
Final Map is required, the applicable public agency or public utility shall still:
1. Complete the subdivision by a recorded document which describes the new parcels; and
2. Comply with all other applicable provisions of this Article, including offers of dedication
and improvements.
Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30
days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as
defined by Section 230 of the California Public Utilities Code, unless the Director determines
in an individual case, based on substantial evidence, that public policy necessitates the
application of the subdivision regulations of this Development Code to the short-term lease.
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Subdivision Map Approval Requirements
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Residential financing or leases. The financing or leasing of: apartments, or similar spaces
within apartment buildings, mobile home parks or trailer parks; or secondary residential units
in compliance with Section 18.58.230 (Secondary Residential Units).
L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and
Taxation Code.
Wind energy conversion systems (WECS). The leasing of, or granting of an easement to a
parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of
a WECS.
18.90.050 - Review Authority for Subdivision Applications
The authority to review and approve Tentative Maps, Parcel and Final Maps, Certificates and
Conditional Certificates of Compliance, and exceptions to subdivision standards in compliance with
this Article, is determined by Section 18.70.020 (Authority for Land Use and Zoning Decisions), and
the provisions of this Article.
18.90.060 - Exceptions to Subdivision Standards
An exception to any of the provisions of this Article may be requested by a subdivider in compliance
with this Section. An exception shall not be used to waive or modify provisions of the Map Act.
Application. An application for an exception shall be submitted on forms provided by the
Department together with the required filing fee. The application shall include a description of
each standard and requirement for which an exception is requested, together with the reasons
why the subdivider believes the exception is justified.
Filing and processing. A request for an exception may be filed with the Tentative Map
application to which it applies, or after approval of the Tentative Map. An exception shall be
processed and acted upon in the same manner as the Tentative Map, concurrently with the
Tentative Map if the exception request was filed at the same time. An exception shall not be
considered as Tentative Map approval and shall not extend the time limits for expiration of the
map established by Section 18.96.140 (Expiration of Approved Tentative Map).
C. Approval of exception. The review authority for the Tentative Map shall not grant an exception
unless all the following findings are first made:
There are exceptional or extraordinary circumstances or conditions applicable to the
proposed subdivision, including size, shape, topography, location, or surroundings, that are
not due to any action of the subdivider subsequent to the enactment of this Development
Code;
The exception is necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the vicinity and zoning district and denied to the
proposed subdivision;
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Granting the exception will not be materially detrimental to the public welfare nor injurious
to the property or improvements in the vicinity and zoning district in which the property
is located; and
4. The exception will not affect the consistency of the proposed subdivision with the General
Plan or any applicable Specific Plan.
In granting an exception, the review authority shall secure substantially the same objectives of
the regulations for which the exception is requested and shall impose whatever conditions it
deems necessary to protect the public health, safety, general welfare and convenience, and to
mitigate any environmental impacts in compliance with CEQA.
18.90.070 - Violations and Enforcement
The Town may enforce the provisions of this Article and take action against violations of the provisions
of this Article and/or the Map Act, in compliance with Map Act Chapter 7 (Enforcement and Judicial
Review), and Chapter 18.200 (Enforcement) of this Development Code. Enforcement measures may
include the withholding of permits for development in compliance with Map Act Section 66499.34, the
recordation of Notices of Violation in compliance with Map Act 66499.36, or any other procedure
authorized by the Map Act or this Development Code.
18.90.080 - Notice of Judicial Challenge
At least 30 days prior to filing any judicial action or proceeding to attack, review, set aside, void or
annul the decision of the Council concerning a Tentative, Parcel or Final Map, or any of the
proceedings, acts or determinations taken, done or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto, written notice shall be served upon
the Council detailing the nature of the conduct or action intended to be challenged. This Section is not
intended to extend or toll in any way the statute of limitations provided in Map Act Section 66499.37.
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September 2001
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Subdivision Design and Improvements
18.92
CHAPTER 18.92 - SUBDIVISION DESIGN AND IMPROVEMENTS
Sections:
18.92.010
18.92.020
18.92.030
18.92.040
18.92.050
18.92.060
18.92.070
18.92.080
18.92.090
18.92.100
18.92.110
18.92.120 -
18.92.130-
18.92.140 -
18.92.150 -
18.92.160 -
18.92.170 -
18.92.180 -
- Purpose of Chapter
- Applicability of Design and Improvement Standards
- Access, Circulation, Streets
- Energy Conservation and Solar Access
- Fire Hydrants
- Grading, Erosion and Sediment Control
- Major Structures
- Monuments
- Parcel and Block Design
- Public Utilities and Utility Easements
- Residential Density
Sewage Disposal
Street Lighting
Street Names
Storm Drainage and Watercourses
Traffic Safety Devices
Water Supply
Zoning Standards
18.92.010 - Purpose of Chapter
This Chapter establishes standards for the design and layout of subdivisions, and the design,
construction or installation of public improvements within subdivisions. The purpose of these standards
is to ensure, through careful site evaluation and design, the creation of new parcels that are compatible
with existing neighborhoods, the natural environment, the health and safety of Town residents, and are
consistent with the General Plan and any applicable Specific Plan.
18.92.020 - Applicability of Design and Improvement Standards
The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance,
in addition to all applicable requirements of this Development Code, as follows:
Design standards. The standards in Sections 18.92.030 through 18.92.180 of this Chapter apply
to the design of all proposed subdivisions, in addition to all applicable requirements of the Town
Engineer and the Public Improvements and Engineering Standards.
Subdivision improvement standards - Conditions of approval. The applicable subdivision
improvement and dedication requirements of this Chapter and any other improvements and
dedications required by the review authority in compliance with Section 18.96.060 (Tentative
Map Approval or Denial), shall be described in conditions of approval adopted for each
approved Tentative Map (Section 18.96.070). The design, construction or installation of all
subdivision improvements shall comply with the requirements of the Town Engineer.
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Subdivision Design and Improvements
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Conflicting provisions. In the event of conflicts between the provisions of this Chapter and
other provisions of this Development Code, or other provisions of the Municipal Code, the most
restrictive provisions shall control.
Do
Extent of improvements required. As required by Article 1, Chapter 1 of the Map Act,
improvements required for subdivisions of four or fewer parcels shall be limited to the dedication
of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements
for the parcels being created.
to
Oversizing of improvements. At the discretion of the review authority, improvements required
to be installed by the subdivider for the benefit of the subdivision may also be required to
provide supplemental size, capacity, number, or length for the benefit of property not within the
subdivision, and may be required to be dedicated to the Town. If required, the cost of these
oversized improvements shall be reimbursed to the subdivider in compliance with Map Act
Sections 66485 et seq.
Ir. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in
compliance with Section 18.90.060 (Exceptions to Subdivision Standards).
18.92.030 - Access, Circulation, Streets
Proposed subdivisions shall be designed to provide adequate access from each new parcel to a Town
street, State highway, or County road. Street systems to be constructed with new subdivisions shall be
designed in compliance with this Section, and with the requirements of the Town Engineer.
General access and circulation requirements. The subdivider shall provide a comprehensive
street system, designed and constructed in compliance with this Section, and consistent with the
General Plan.
1. Street design shall provide for safe vehicular operation at a specified design speed.
2. Public streets shall be required when:
a. The street is shown as an arterial or collector on a master street and highway plan, the
General Plan, or any other specific or precise plan;
b. The street will be used by the general public as a through access route; or
c. A public street is necessary for special needs including bus routes, public service
access, bicycle routes and pedestrian access.
Private streets are allowed only in compliance with Subsection F., following.
Alternative standards. The review authority may consider and approve proposed access and
street design solutions that differ from the provisions of this Section, and the requirements of the
Town Engineer, where deemed necessary to properly address the characteristics of adjacent land
uses and/or anticipated traffic volumes, or to maintain neighborhood character.
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Subdivision Design and Improvements
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Access to subdivision. Every subdivision shall be designed to have access to a Town street,
State highway, or County road. Access shall be provided by:
The subdivision abutting a Town street, County road, or State highway, where the length
of the subdivision along the street, the street right-of-way, and the width of the right-of-way
will accommodate the construction of all road improvements required by this Section; or
The subdivision being connected to a Town street, State highway, or County road by a
non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities
purposes, where the easement shall be:
a. Offered for dedication unless the review authority determines the easement may be
permitted as a private road in compliance with Subsection F., following;
b. Unencumbered by any senior rights that might serve to restrict its proposed use; and
c. Of a width and location to accommodate the construction of all improvements required
by this Section and the Public Improvements and Engineering Standards.
Access to new parcels. Parcels within a proposed subdivision shall be provided access as
follows.
Town street access required. Each parcel within a proposed subdivision shall be provided
access by being located on an existing Town street or a new Town street designed and
improved in compliance with Subsection C. of this Section, or to a private street if allowed
by Subsection F. of this Section.
Access denial. Access to a State Highway or town street shall be prohibited as follows.
Reservation strips shall be dedicated to the State or Town, as appropriate, where required
to control access over certain lot lines, or over the ends of street stubs.
When a State highway or a street classified as an arterial in the Circulation Element
of the General Plan passes through or abuts a proposed subdivision, direct access to
the highway or arterial shall not be permitted from proposed parcels.
The review authority may also deny access to a Town street, County road, or private
street, at any location where it determines that traffic safety will be compromised by
uncontrolled access; provided that each parcel shall have at least one point of physical
and legal access to a Town street, of sufficient width to accommodate a driveway in
compliance with Section 18.48.080 (Driveways and Site Access) of this Development
Code.
Frontage roads. When lots am proposed to front on a major arterial or State highway, the
review authority may require the subdivider to dedicate and improve a service or frontage
road separate from the arterial or highway.
4. Alleys. Alleys may be proposed as part of residential or non-residential subdivisions.
When a subdivision is proposed in an area zoned commercial or industrial, the subdivider
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may be required to dedicate and improve alleys at least 20 feet wide at the rear of the
parcels.
Design and improvement of proposed streets. New streets proposed or required within a new
subdivision or adjacent to a new subdivision shall be located and designed as follows, and in
compliance with the requirements of the Town Engineer.
1. Alignment. The alignment of streets shown on a Tentative Map shall be:
a. Consistent with the Circulation Element of the General Plan, and/or any adopted street
alignment plan, where applicable; and
b. Located to be in alignment with existing adjacent streets by continuation of their
centerlines, or by adjustments by curves.
Right-of-way and surfaced width. The width of the right-of-way and improved surface
of streets shown on a Tentative Map shall comply with the functional classifications of the
Public Improvements and Engineering Standards, and the requirements of the Town
Engineer.
°
Access to unsubdivided property. When a proposed subdivision abuts vacant land that
is designated by the General Plan for future subdivision and development, the review
authority may require that streets to be constructed and/or rights-of-way established within
the proposed subdivision to be extended to the boundary of the property to provide access
to the future development.
°
Improvements to existing streets. When an existing Town street provides access to,
passes through, or is contiguous with a proposed subdivision, the review authority may
require dedication of additional right-of-way and/or improvements to be made to the Town
street in compliance with the General Plan, and the Public Improvements and Engineering
Standards if they determine that the proposed subdivision will create the need for the
improvements, or where the subdivider otherwise agrees to the improvements.
°
Length of loop, cul-de-sac, and other dead-end streets. The length of loop, cul-de-sac,
and other dead-end streets shall comply with the Public Improvements and Engineering
Standards.
Private roads. Private roads are allowed as provided in this Section. Private roads shall not be
permitted except where the review authority determines that a private street system will
adequately serve the proposed subdivision, will not be a substantial detriment to adjoining
properties and will not disrupt or prevent the establishment of an orderly circulation system in
the vicinity of the subdivision.
1. Design and improvement standards. Private roads shall be designed and improved as
set forth in Subsections B. and C..
2. Security and conditions. The review authority may require any guarantees and conditions
it deems necessary to carry out the provisions of this Article pertaining to private roads.
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Private roads and easements providing access to parcels within a subdivision shall be
located and shown on the Parcel or Final Map.
Alternative circulation systems. Proposed subdivisions shall be designed to reserve rights-of-
way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation
Element of the General Plan, Public Improvements and Engineering Standards, and/or the
Bicycle and Pedestrian Trail Master Plan as applicable, where the review authority determines
that the alignment of these systems shown in the General Plan and/or in any applicable Specific
Plan can be feasibly accommodated within the subdivision. Rights-of-way and easements shall
be offered for dedication if the review authority determines that the facility is needed because
of the charactehstics of the proposed subdivision.
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Maintenance requirements. Where streets are offered for dedication but not accepted for
maintenance purposes, and where private streets am approved, provisions satisfactory to the
Town Attorney shall be made for lot owners association or other organization to assume
responsibility for the maintenance of the streets and ownership of the street rights-of-way.
18.92.040 - Energy Conservation and Solar Access
The design of a subdivision for which a Tentative and Final Map are required by this Article shall
provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the
subdivisions, in compliance with Map Act Section 66473.1. The review authority may require solar
access easements as it deems necessary to protect the opportunities for passive or natural heating or
cooling, in compliance with the following requirements.
The location and extent of the easements shall be determined by an analysis performed by a
qualified professional engaged by the Town at the expense of the applicant. The analysis shall
specify the optimal location and dimensions of the easements, based on the topography and
natural vegetation of the site and surroundings.
The easement shall prohibit any structure which would extend into and block the passage of
sunlight through more than 10 percent of the easement area at any time during the year. The
easement shall also prohibit the property owner from allowing any vegetation other than native
vegetation on the site prior to subdivision, from extending into and blocking the passage of
sunlight through more than 10 percent of the easement area at any time during the year.
The easement shall include provisions allowing the owner of the site which is protected by the
easement the discretion to agree, with the approval of the Director, to revisions to the easement,
or the termination of the easement, if requested by the owner of the site that is subject to the
easement. The Director shall not approve termination of a solar access easement except where
he or she determines that the dwelling unit proposed on the site is not designed to utilize passive
or natural heating or cooling.
The review authority shall not require solar access easements where an easement would have the
effect of reducing the density of residential units otherwise allowed on the site by Article II
(Zoning Districts and Allowable Land Uses), and shall consider the feasibility of the easement,
given the contour and configuration of the parcel to be divided.
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18.92.050 - Fire Hydrants
Fire hydrants shall be installed within the proposed subdivision in compliance with the requirements
of the Truckee Fire Protection District.
18.92.060 - Grading, Erosion and Sediment Control
New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and
sediment control measures in compliance with the Public Improvements and Engineering Standards and
Chapter 18.36 (Hillside Development Standards) of this Development Code.
18.92.070 - Major Structures
The review authority may require the subdivider to provide major structures, including retaining walls,
bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall
be designed and approved on an individual basis. The subdivider shall provide the Town with all
drawings, specifications, and engineering calculations used in the design of a major structure.
18.92.080 - Monuments
The subdivider shall install monuments in compliance with Chapter 18.110 (Surveys and Monuments),
and the Map Act.
18.92.090 - Parcel and Block Design
The design and configuration of proposed parcels and blocks shall comply with the requirements of
Article II (Zoning Districts and Allowable Land Uses). A Tentative Map shall propose no more than
one parcel as a designated remainder, or "not a part," and all portions of the designated remainder shall
be contiguous.
18.92.095 - Parks and Recreation
Park and recreational fee. As a condition of approval of any tentative map, a park and
recreational fee in the amount set by Council resolution shall be paid for each and every newly
created parcel. Common area, open space, and similar parcels shall be exempt from the fee if
enforceable restrictions are imposed on the parcel prohibiting residential development on the
parcel. Condominium and townhouse parcels for which recreational facilities impact fees have
been paid for the construction of the multi-family residential structure(s) on said parcels shall be
exempt from the fee.
In-lieu dedication of land. In lieu of the park and recreational fee, a dedication of land for park
or recreational purposes within the subdivision may be required as a condition of approval for
subdivisions containing more than 50 parcels.
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Subdivision Design and Improvements
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18.92.100 - Public Utilities and Utility Easements
Public utilities including electricity, gas, water, sewer, cable television, and telecommunications
services, shall be installed as part of the improvements within all subdivisions as provided by this
Section, and by Sections 18.92.120 (Sewage Disposal) and 18.92.170 (Water Supply). The installation
of utilities may be waived by the review authority if the review authority finds that not installing the
utilities as part of the subdivision improvements to be in the public interest.
A. Underground utilities. Utilities in new subdivisions shall be installed underground, as follows:
When undergrounding is required. All proposed utility distribution facilities (including
electric, telecommunications and cable television lines) installed in and for the purpose of
supplying service to any subdivision with parcels less than three acres in area, shall be
installed underground.
Equipment appurtenant to underground facilities, including surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets, and concealed
ducts, shall also be underground, unless otherwise approved by the Town Engineer.
b. Existing utility facilities need not be undergrounded unless they are to be enlarged or
replaced.
The subdivider is responsible for complying with the requirements of this Section and
shall make the necessary arrangements with the affected utility companies for facility
installation. The review authority may waive the requirements of this Section if
topographical, soil, or any other conditions make underground installation
unreasonable or impractical.
Location of installation. Underground utility lines may be installed within street
rights-of-way or along a lot line, subject to the appropriate easements being provided where
necessary. When installed within street rights-of-way, the location and method of
installation shall be in accordance with the Public Improvements and Engineering
Standards and subject to the approval of the Town Engineer, insofar as it affects other
improvements within the street right-of-way.
Timing of installation. All underground utilities, water lines, sanitary sewers, and storm
drains installed in streets, shall be constructed before the streets are surfaced. Connections
to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient
lengths to avoid the need for disturbing the street improvements when service connections
are made.
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Utility easements. Where utility easements are required by the review authority, the easement
shall comply with the following standards.
Minimum width. The-minimum width of easements for public or private utilities, sanitary
sewers, or water distribution systems shall be determined by the review authority based on
the recommendations of the Town Engineer for Town facilities, and the recommendations
of the applicable special district or utility company, for public or private utilities.
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Overhead lines. Easements for overhead utility lines shall be located at the rear of lots
where practical, and along the side of lots where necessary. Where practical, the poles
supporting overhead lines shall not be installed within any street, alley, or easement
designated exclusively for drainage purposes.
18.92.110 - Residential Density
The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the
number permitted by the applicable zoning district in Article II (Zoning Districts and Allowable Land
Uses), and may be further restricted by considerations of safety, traffic access or circulation, the slope
of the natural terrain, the physical suitability of the site, the nature or extent of existing development,
the availability of public facilities, utilities, or open spaces or any other provision of this Development
Code.
18.92.120 - Sewage Disposal
Sewage disposal requirements. The following types of subdivisions shall be served by and
designed to provide connection to the Truckee Sanitary District and Tahoe Truckee Sanitation
Agency sewage collection, treatment and disposal system:
1. A residential subdivision which proposes five or more parcels;
A residential subdivision which proposes four or fewer parcels, but follows the previous
approval of one or more divisions of the same original single parcel from the date of Town
incorporation, and has the effect of creating a fifth parcel; and
3. All nonresidential subdivisions except open space/environmental subdivisions.
On-site sewage disposal systems. Residential subdivisions of four or fewer parcels in areas
without public sewer may be approved for the use of on-site sewage disposal systems, except as
otherwise provided by Subsection A.2, above.
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System design. The design and construction specifications of all sewage collection, treatment,
and disposal systems shall be subject to the approval of the Truckee Sanitary District or the
Nevada County Department of Environmental Health.
18.92.130 - Street Lighting
A proposed subdivision shall incorporate street lighting in compliance with the Public Improvements
and Engineering Standards.
18.92.140 - Street Names
All streets within a proposed subdivision shall be named, and the names shall be approved by the
review authority. Duplication of existing names within the Town shall not be allowed in a new
subdivision unless the street is an obvious extension of an existing street.
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18.92.150 - Storm Drainage and Watercourses
A. Drainage systems required. Subdivisions shall be provided storm drainage facilities as required
by this Section, and the Public Improvements and Engineering Standards.
Performance and capacity. Subdivisions shall be designed to provide drainage systems
to carry storm mn-off both tributary to and originating within the subdivision to approved
points of discharge, determined to be necessary by the Town Engineer on the basis of
information and recommendations provided by the engineer for the subdivider. Drainage
facilities shall be designed in compliance with the Public Improvements and Engineering
Standards. Drainage system design shall avoid unnatural concentrations of storm water
runoff and retain existing drainage courses wherever possible.
2. Culverts. Culvert design and construction shall comply with the Public Improvements and
Engineering Standards.
3. Location of facilities. Drainage facilities shall be located within a street right-of-way or
within public drainage easements.
Timing of installation. Any drainage structures required for the individual parcels of a
subdivision shall be installed at the same time as drainage structures within street rights-of-
way and other subdivision improvements.
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Drainage easements. Required drainage systems shall be located within drainage easements
delineated on the Final Map or Parcel Map, and the easements shall satisfy the following
standards.
1. Offer of dedication. Drainage easements shall be offered for dedication in accordance
with the Public Improvements and Engineering Standards.
Alignment of easements. The alignment of drainage easements shall conform to the
meandering of the natural watercourse or to the alignment approved for the drainage
system.
3. Width of easements.
Natural channels. A drainage easement for a natural channel is required where
determined to be necessary by the Town Engineer. The width of drainage easements
for natural channels shall be sufficient to include the 100 year flood plain, plus five
feet on either side, but in no case less than 20 feet.
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Constructed channels. The minimum width of any drainage easement for a closed
conduit system shall be 10 feet and the minimum width for any open system shall be
20 feet.
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18.92.160 - Traffic Safety Devices
Traffic control and safety devices shall be installed by the subdivider during subdivision construction
as required by the review authority, to promote traffic control and safety both during construction, and
after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs,
warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic
signals, as determined to be necessary by the review authority. Street name signs shall be installed at
all public, private and public/private intersections in compliance with Section 18.92.140 (Street Names).
18.92.170 - Water Supply
Water supply requirements. Subdivisions proposing parcels of less than three acres shall
provide water mains and services, installed to serve each parcel, and connected to the service
facilities of the Truckee Public Utility District, the Glenshire Mutual Water Company, or the
Donner Lake Water Company, as applicable.
On-site wells. Proposed parcels that are three acres or larger and proposed to be served by
private wells shall comply with the water supply requirements of the Nevada County Department
of Environmental Health.
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Approval requirements. If any part of the water system is to be installed within a street
right-of-way, the system location, including valve boxes, meter boxes, and fire hydrants and the
system construction specifications shall be subject to the approval of the Town Engineer, and
the location of fire hydrants shall also be approved by the Truckee Fire Protection District.
18.92.180 - Zoning Standards
Proposed subdivisions shall be designed to comply with all applicable provisions of Articles II (Zoning
Districts and Allowable Land Uses) and III (Site Planning and General Development Standards) of this
Development Code. For example, parcel boundaries proposed near existing structures shall comply
with the setback requirements of Article II.
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Residential Subdivision Design Guidelines
18.94
CHAPTER 18.94 - RESIDENTIAL SUBDIVISION DESIGN
GUIDELINES
Sections:
18.94.010 - Purpose of Chapter
18.94.020 - Applicability
18.94.030 - Development Context and Continuity
18.94.040 - Project Site Planning
18.94.050 - Energy Conservation and Solar Orientation
18.94.060 - Pedestrian and Vehicular Circulation
18.94.010 - Purpose of Chapter
This Chapter provides residential design guidelines to assist project designers and property owners in
understanding and implementing the Town's goals for attaining high quality residential development
and for preserving the small town character of its new neighborhoods. These guidelines are not
intended to promote one type of development over another. Their primary objective is to encourage
well designed residential neighborhoods which:
A. Mitigate the dominance of the automobile;
B. Promote pedestrian activity;
C. Provide community open space; and
D. Protect significant features of the natural environment.
18.94.020 - Applicability
A. The provisions of this Chapter apply to all tentative maps for residential projects.
B. The review authority may exercise discretion in applying these guidelines to specific projects as
not all design criteria may be workable or appropriate for each project. In some circumstances,
a guideline may be relaxed in order to accomplish another, more important guideline. The
overall objective is to ensure that the intent and spirit of the design guidelines are followed, and
to attain the best possible design with reason.
18.94.030 - Development Context and Continuity
The following guidelines address the "edges" of new residential projects, that is, how a new residential
development should relate to its surroundings.
A. Develop "neighborhoods". New patterns of development should ensure that:
1. They do not significantly change the character of established neighborhoods;
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2. Groups of new projects together create true neighborhoods, not isolated compounds; and
3. Features of the natural landscape are preserved.
Continuous streets. New residential subdivisions should align public streets with those of
adjacent developments, avoiding the tendency to become enclaves apart from the rest of the
community. Public streets should be planned to be continuous through adjacent residential
developments, where permitted by terrain and other natural features, to weave the community
together and simplify traffic circulation patterns. Through traffic should be accommodated in
a manner that discourages the use of neighborhood roadways, especially local streets.
Relate to open space. New residential developments should be located adjacent to parks or
other public or private open spaces (e.g., creeks, riparian areas), and should provide maximum
visibility to these areas. See Figure 5-1.
FIGURE 5-1
RELATING DEVELOPMENT TO OPEN SPACE
Frontage roads. Where a project adjoins a
public park or open space, frontage roads
are a good means of providing visibility and
public access to the open space while at the
same time providing separation of
residences from the open space. See Figure
5-2.
~ Multi Use Trail
Single Loaded Frontage Road
~*~ _. Creek: ~'"~-- :~-.
FIGURE 5-2
USE OF FRONTAGE ROADS
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E. Fences.
1. Fences along ridges should be of "open" construction to
allow for protection of scenic views.
Fencing adjacent to open space areas should be of a
wood-rail type. Fencing should have a maximum height
of six feet, with horizontal rails or open wire sufficiently
spaced to restrict trespassing and to provide security, but
to allow for animal movement (deer, etc.) across these
areas. See Figure 5-3.
F. Gated neighborhoods. Gated neighborhoods isolate parts of
the community from others, and are strongly discouraged.
18.94.040 - Project Site Planning
FIGURE 5-3
APPROPRIATE FENCING
The following guidelines relate to the internal organization of residential subdivisions. The intent of
these guidelines is to ensure that the relationships between housing units and to other on-site uses are
attractive and create visual variety along project streets.
A. New streets should connect with adjacent existing streets to form a continuous neighborhood
network.
Natural amenities (e.g., views, mature trees, creeks, riparian vegetation, and similar features)
should be preserved and incorporated into proposed projects to the greatest extent feasible. See
Chapter 18.36 (Hillside Development Standards). See Figure 5-4.
Landform remains unchanged
FIGURE 5-4
INCORPORATING NATURAL AMENITIES
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Site design should not change natural
drainage patterns. Site grading should be
sensitive to existing landforms and
topography so that the natural setting may be
preserved to the greatest extent possible.
When modifications are necessary, surface
drainage with appropriate retention facilities
is preferred to underground systems.
Subdivisions for detached single-family
homes should be designed with varied front
yard setbacks. Long monotonous rows of
homes set at the same setback are strongly
discouraged. See Figure 5-5.
FIGURE 5-5
VARIED ENTRY SETBACKS
Single-family parcels should avoid a patterned "cookie cutter" look by employing a variety of
lot sizes, widths, and shapes, whenever possible, except where this pattern has already been
established in the neighborhood. See Figure 5-6.
front setbacks are encouraged.
FIGURE 5-6
VARIED PARCEL DESIGN
Existing healthy mature trees should be preserved and incorporated into project landscaping to
the greatest extent feasible.
Development on sloping sites should follow the natural contours of the land. Stepped building
pads, and larger setbacks should be used to preserve the general shape of natural land forms and
to minimize grade differentials with adjacent streets and with adjoining properties. See Chapter
18.36 (Hillside Development Standards), and Figure 5-7.
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FIGURE 5-7
DESIGN SENSITIVE TO TERRAIN
Snow storage areas should be incorporated into subdivision site design. Snow storage from
streets onto private property is not allowed unless snow storage easements are established.
Provisions should be included so that sidewalks are not covered with snow by snow plowing
operations.
Curb-adjacent sidewalks create an undesirable urban appearance and are strongly discouraged.
Detached sidewalks or pedestrian paths separated from the road with variable-width parkways
are preferred.
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New roads and roadway improvements should be located, constructed, and maintained in a
manner that prevents adverse impacts to water quality and significant biological, scenic, and
historic resources.
18.94.050 - Energy Conservation and Solar Orientation
The consideration of passive solar energy techniques in subdivision design is strongly encouraged,
where not in conflict with the objective of preserving the natural features of the site.
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Street orientation. Streets that run generally east and west are encouraged because they increase
the likelihood and desirability of houses sited with solar access to the south. South-wall glass
is important to providing maximum passive solar heating. Where streets do run primarily east
and west, solar access can still be provided by creative lot configuration and siting of units on
the lots. See Figure 5.8.
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FIGURE 5-8
SOLAR ORIENTATION OF PARCELS
Setbacks. Placing a house near the north boundary of its lot allows a major portion of the open
space to the south of each unit to be controlled by the owner of the house rather than by an
adjacent neighbor. Flexibility in setback requirements may be considered to achieve adequate
solar orientation when other aspects of the project are also designed to incorporate passive
heating and cooling techniques. See Figure 5-9.
North
par'daily shaded
Do This
South glass clear
Attached units should not be "sheared"
so much as to block solar access.
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FIGURE 5-9
SETBACKS FOR SOLAR ACCESS
FIGURE 5-10
SOUTH-FACING GLASS
Siting. In general, houses should be sited so that south-facing glass is maximized, east- and
west-facing glass is minimized. Units attached in preferred east-west directions should not be
staggered so as to block south glass collector surfaces. Also, units should not be sited closer to
northern units than solar access angles will allow. See Figure 5-10.
Compact design. Minimize heat loss by reducing the area of exterior wall and roof surfaces.
Use a compact design, (i.e., a two-story house), rather than have the same amount of floor space
spread out on a single story.
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Roof pitch and color. In a snow country climate, the need for heating is greater than the need
for cooling. Dark colored rooftops, if steep enough, can absorb solar energy and can add some
of this heat to the interior of the structure.
18.94.060 - Pedestrian and Vehicular Circulation
In an effort to avoid residential subdivisions in Truckee having a typical urban or suburban appearance,
following design alternatives may be considered.
Gravel pedestrian ways. Where it is determined that traffic volumes are light, compacted gravel
pedestrian ways may be incorporated for pedestrian circulation. Gravel walks should be a
minimum of six-feet wide and be designed to drain properly.
Reduced centerline radius. To reduce vehicle speeds when rounding curves on neighborhood
streets, short radius curves should be incorporated into the project design where possible with
minimum and maximum radii established by the Town Engineer and Public Improvements and
Engineering Standards.
Fewer cul-de-sacs. Cul-de-sacs interrupt the pattern of connecting streets, thereby decreasing
accessibility between adjacent neighborhoods. Therefore, cul-de-sacs are usually discouraged.
Exceptions could be considered if the connections degraded an existing pine grove, stream, or
marsh, or if the connection created a shortcut attracting significant through traffic.
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Tentative Map Filing and Processing
18.96
CHAPTER 18.96 - TENTATIVE MAP FILING AND PROCESSING
Sections:
18.96.010 -
18.96.020 -
18.96.030 -
18.96.040 -
18.96.050 -
Tentative Map Preparation, Application Contents
Tentative Map Filing, Initial Processing
Evaluation of Application
Review and Decision
Tentative Map Public Hearings
18.96.060 - Tentative Map Approval or Denial
18.96.070 - Conditions of Approval
18.96.080 - Appeal
18.96.090 - Effective Date of Tentative Map Approval
18.96.100 - Changes to Approved Tentative Map or Conditions
18.96.110 - Completion of Subdivision Process
18.96.120 - Vesting Tentative Maps
18.96.130 - Tentative Map Time Limits
18.96.140 - Expiration of Approved Tentative Map
18.96.150 - Extensions of Time for Tentative Maps
18.96. ! 60 - Applications Deemed Approved
18.96.010 - Tentative Map Preparation, Application Contents
A. General content requirements. Tentative Map submittals shall include the application forms,
and all information and other materials prepared as required by the Department.
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Soils report. As required by Map Act Section 66490, a preliminary soils report prepared by a
California registered engineer qualified to prepare such reports, and based on adequate test
borings, shall be required for every subdivision for which a Final Map is required by this Article.
The report shall include recommendations from the engineer for corrective actions which are
likely to prevent structural damage to each structure proposed to be constructed in any area of
the site where soils problems are identified. The Town Engineer may waive the requirement for
a soils report when he or she determines that, because of information already on file with the
Town on the soil qualities within the subdivision, no preliminary analysis is necessary.
18.96.020 - Tentative Map Filing, Initial Processing
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General filing and processing requirements. Tentative Map applications shall be submitted
to the Department for processing, be reviewed for completeness and accuracy, referred to
affected agencies, reviewed in compliance with the California Environmental Quality Act
(CEQA), and evaluated in a staff report in compliance with Chapter 18.70 (Applications,
Processing, and Fees).
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Referral to affected agencies. In addition to the procedures outlined in Chapter 18.70
(Application, Processing, and Fees), a Tentative Map application shall be referred to the agencies
outlined in this Subsection, as well as any other Town department, County, State or Federal
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agency, or other individual or group that the Director believes may be affected by the
subdivision, or may have useful information about issues raised by the proposed subdivision.
Time limits. As required by Map Act Sections 66453 through 66455.7, referral shall occur
within five days of the Tentative Map application being determined to be complete for
processing in compliance with Section 18.70.060 (Initial Application Review -
Completeness Review). An agency wishing to respond to a referral shall provide the
Department with its recommendations within 15 days after receiving the Tentative Map
application.
Required referrals. The Director shall refer Tentative Map applications for review and
comment to each of the following agencies which will be expected to provide service to the
proposed subdivision.
a. Airport district. The Truckee Tahoe Airport District shall be referred any Tentative
Map for site located within the Airport Influence Area.
b. Caltrans. The California Department of Transportation shall be referred:
( 1 ) Any Tentative Map located within an area shown on a territorial map filed with
the Town in compliance with Map Act Section 66455.
(2)
Any Tentative Map that includes a proposed public school site located within
two miles of a Tahoe-Truckee Airport runway, as described in Section 39005
of the California Education Code. In these cases, the time for receipt of
comments by the Town shall be 35 days instead of the 15 days specified by
this Subsection B.1 above (Time Limits).
(3)
Any subdivision abutting a State highway or proposing access to a State
highway by a private street or new public street.
c. Fire District. The Truckee Fire Protection District shall be referred any Tentative
Map, or Conditional Certificate of Compliance.
Local agencies. Any local agency shall be referred a Tentative Map or Conditional
Certificate of Compliance application that is located one-half mile of the boundary of
the local agency; or within the area shown on a territorial map filed with the Town in
compliance with Map Act Section 66453, and within three miles of the official
boundary of the local agency.
Nevada County Department of Environmental Health. The Nevada County
Department of Environmental Health shall be referred any Tentative Map application
proposing the use of private wells or private sewage disposal systems.
Public utilities and other service agencies. Public utility companies and other
service agencies which will be expected to provided service to the proposed
subdivision, including providers of gas, electrical, telephone, and cable television
services, shall be referred any Tentative Map or Conditional Certificate of Compliance
within their respective jurisdictions.
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School districts. Tentative Maps shall be referred to the governing board of any
elementary, high school, or unified school district within which the property to be
subdivided is located.
h. State Department of Education. The State Department of Education shall be notified
of any Tentative Map that includes a proposed public school site.
Along with the subdivision application referral, the Department shall include notification
that if no written response to the referral is received within 15 calendar days of receipt by
the Department, the Town shall presume that no recommendations or comments are
forthcoming.
Review of soils report. The preliminary soils report required by Section 18.96.010 (Tentative
Map Preparation, Application Contents) shall be reviewed by the Town Engineer, and may
require additional information or reject the report if it is found to be incomplete, inaccurate, or
unsatisfactory.
If the soils report indicates the presence of critically expansive soils or other soils problems
which, if not corrected, would lead to structural defects, a soils investigation of each
proposed parcel may be required.
If the soils report indicates the presence of rocks or liquids containing deleterious chemicals
which, if not corrected, could cause construction materials such as concrete, steel, and
ductile or cast iron to corrode or deteriorate, a soils investigation of each proposed parcel
may be required.
3. If the soils report indicates the presence of hazardous wastes, a hazardous waste
investigation may be required.
18.96.030 - Evaluation of Application
After completion of the initial processing in compliance with Chapter 18.70 (Applications, Processing,
and Fees), the Director shall:
Review and evaluate each Tentative Map as to its compliance and consistency with applicable
provisions of this Development Code, the General Plan, any applicable Specific Plan, and the
Map Act;
Determine the extent to which the proposed subdivision complies with the findings in Section
18.96.060 (Tentative Map Approval or Denial), and recommend the approval, approval with
specified conditions, or disapproval of the Tentative Map application;
Prepare a staff report in compliance with Section 18.96.050 (Tentative Map Public Hearings),
describing the conclusions of the Director's evaluation, and providing recommendations for
approval or disapproval of the proposed subdivision by the review authority.
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18.96.040 - Review and Decision
The Zoning Administrator shall serve as the review authority and be responsible for the review and
approval or disapproval of a Tentative Map proposing four or fewer parcels, or a Tentative Map
proposing five or mom parcels but for which a parcel map will be filed, and the Commission shall serve
as the review authority for a Tentative Map proposing five or more parcels. After receiving a staff
report on a Tentative Map from the Director, the review authority shall:
Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's
recommendations, and any agency providing comments on the Tentative Map in compliance
with 18.96.020.B (Tentative Map Filing, Initial Processing - Referral to affected agencies). The
public hearing shall be scheduled and notice provided in compliance with Section 18.96.050
(Tentative Map Public Hearings);
Review and evaluate each Tentative Map as to its compliance and consistency with applicable
provisions of this Development Code, the General Plan, any Specific Plan, and the Map Act.
The evaluation shall be based on the staff report (Section 18.96.030) and information provided
by an initial study or environmental impact report (Section 18.70.060, Enviromnental
Assessment), and any public testimony received; and
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Within 50 days after certification of an environmental impact report or adoption of a negative
declaration on the Tentative Map, approve, conditionally approve or deny the Tentative Map.
The 50-day time limit may be extended by mutual consent of the subdivider and the Director
or review authority.
Approval or conditional approval of a Tentative Map shall be granted only after the review authority
has first made all findings required by Section 18.96.060 (Tentative Map Approval or Denial). The
review authority may impose conditions of approval in compliance with Section 18.96.070 (Conditions
of Approval).
18.96.050 - Tentative Map Public Hearings
When a public hearing is required by this Development Code for a Tentative Map or an appeal of a
Tentative Map decision, the hearing shall be scheduled and conducted in compliance with this Section,
in addition to public notice being provided in compliance with Chapter 18.180 (Public Hearings).
A. Scheduling of hearing, decision. A public hearing on a Tentative Map or appeal shall be
scheduled, and a decision shall be reached, within the following time limits.
1. Hearing. A hearing on a Tentative Map by the review authority shall be scheduled within
30 days after completion of the Director's report.
Decision on map. The review authority shall approve or deny the Tentative Map within
30 days of their receipt of a report and recommendation on a Tentative Map from the
Director. The 30-day time period may be extended by mutual consent of the subdivider
and the Director or review authority.
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Distribution of staff report. The staff report on the Tentative Map shall be mailed to the
subdivider (and each tenant of the subject property, in the case of a condominium conversion
(Section 18.100.040)) at least 10 days before any hearing or action on the Tentative Map by the
review authority.
18.96.060 - Tentative Map Approval or Denial
In order to approve a Tentative Map and conditions of approval, or to deny a Tentative Map, the review
authority shall first make the findings required by this Section. In determining whether to approve a
Tentative Map, the Town shall apply only those ordinances, policies, and standards in effect at the date
the Department determined that the application was complete in compliance with Section 18.70.060
(Initial Application Review), except where the Town has initiated General Plan, Specific Plan or
Development Code changes, and provided public notice as required by Map Act Section 66474.2.
Required findings for approval. The review authority may approve a Tentative Map, with or
without conditions, only if all of the following findings can be made. The findings shall apply
to each proposed parcel as well as the entire subdivision, including any parcel identified as a
designated remainder in compliance with Government Code Section 66424.6.
The proposed subdivision, together with the provisions for its design and improvement, is
consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any
applicable Specific Plan, the Development Code, the Trails Master Plan, the Particulate
Matter Air Quality Management Plan, and the Public Improvements and Engineering
Standards;
2. The site is physically suitable for the type and density/intensity of development being
proposed;
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 the public health and safety. Adequate provisions shall mean:
There is available capacity in community sewer and/or water systems serving the
subdivision or the subdivision will be served by on-site septic systems and/or private
wells that comply with Nevada County Department of Environmental Health
regulations;
b. Distribution and collection facilities for sewer and water and other infrastructure are
installed to lot boundaries; and
c. Recreation development fees are paid prior to map recordation.
The tentative map 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, including fish, wildlife, and their
habitat, that would not be properly mitigated and monitored, unless a Statement of
Overriding Considerations is adopted;
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5. The subdivision will not be detrimental to the public health, safety, or welfare of the Town,
or injurious to the property or improvements in the vicinity in which the property is located;
The proposed subdivision, together with the provisions for its design and improvement, will
not conflict with easements, acquired by the public at large for access through or use of,
property within the proposed subdivision unless alternate easements for access or use will
be provided and the alternate easements will be substantially equivalent to ones previously
acquired by the public;
The discharge of sewage from the proposed subdivision into the community sewer system
will comply with the requirements prescribed by the Lahontan Regional Water Quality
Control Board.
Supplemental findings. In addition to the findings required for approval of a Tentative Map
by Subsection A. above, the following findings are also required when they are applicable to the
specific subdivision proposal.
It is in the interest of the public health and safety, and it is necessary as a prerequisite to the
orderly development of the surrounding area, to require the construction of improvements
either prior to, or within a specified time after recordation of the Parcel Map, where road
improvements are required (see Section 18.92.030 - Access, Circulation, Streets).
2. Any findings required by Section 18.100.040 for condominium conversions.
Findings for dedications or exactions. In addition to the findings required for approval of a
Tentative Map by Subsection A. above, any requirement by the review authority for dedications
and/or exactions in compliance with Chapter 18.106 (Dedications, Exactions, Reservations,
Easements) shall include the review authority first making the findings required by Section
18.106.030 (Findings Required for Dedications and Exactions).
Findings for waiver of Parcel Map. If waiver of a Parcel Map has been requested with the
Tentative Map application, the review authority shall determine whether the findings required
by Section 18.98.030 (Waiver of Parcel Map) can also be made.
Approval with soils problems. The review authority may approve the subdivision or a portion
thereof where soils problems described in Section 18.96.020.C (Tentative Map Filing, Initial
Processing - Review of soils report) exist, if it determines that corrective measures recommended
by the civil engineer who prepared the soils report are likely to prevent damage to each structure
to be constructed. The review authority may require that the approved recommended actions be
incorporated in the construction of each structure, as a condition to the issuance of any Building
Permit.
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18.96.070 - Conditions of Approval
Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in
compliance with this Section, provided that all conditions shall be consistent with the requirements of
the Map Act.
A. Mandatory conditions. The review authority shall adopt conditions of approval that will:
Require that parcels, easements or rights-of-way be provided for streets, water supply and
distribution systems, sewage disposal systems, storm drainage facilities, solid waste
disposal, and public utilities providing electric, gas and communications services, as may
be required to properly serve the subdivision. Easements for public utilities shall be limited
to those needed to provide service to present and future development;
Mitigate or eliminate environmental problems identified through the environmental review
process, or require redesign of the subdivision as a prerequisite to the approval of the
Tentative Map;
Carry out the specific requirements of Chapters 18.92 (Subdivision Design and
Improvement Requirements) and 18.108 (Improvement Plans and Agreements) of this
Development Code;
4. Secure compliance with the requirements of this Development Code, the General Plan, and
any applicable Specific Plans; and
Require that any designated remainder parcels not be subsequently sold unless a certificate
or conditional certificate of compliance (Chapter 18.102) is obtained, or the remainder
parcel is further subdivided in compliance with this Development Code.
Require the subdivider to defend, indemnify, and hold harmless the Town and its agents,
officers, and employees from any claim, action, or proceeding against the Town to attack,
set aside, void, or annual, an approval of the review authority, which action is brought
within the time period provided for in Section 66499.37 of the Subdivision Map Act.
B. Optional conditions. The review authority may also require as conditions of approval, but not
be limited to, the following:
1. The waiver of direct access rights to any existing or proposed streets;
The dedication of additional land for bicycle paths, local transit facilities, (including bus
turnouts, benches, shelters, etc.), sunlight easements, access to public waterways, and
school sites, in compliance with Map Act Chapter 4, Article 3;
3. The reservation of sites for public facilities, including fire stations, libraries, and other
public uses in compliance with Map Act Chapter 4, Article 4;
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4. Time limits or phasing schedules for the completion of conditions of approval, when
deemed appropriate; and/or
Any other conditions deemed reasonable and necessary by the review authority to ensure
that the approval of the Tentative Map will be in compliance with the findings required by
Section 18.96.060 (Tentative Map Approval or Denial).
18.96.080 - Appeal
A decision of the Zoning Administrator or Commission acting as the review authority for a Tentative
Map may be appealed in compliance with Chapter 18.140 (Appeals). The hearing on the appeal shall
be held within 30 days after the date of filing the appeal. The appeal body shall reach its decision
within 10 days following the conclusion of the hearing.
18.96.090 - Effective Date of Tentative Map Approval
The approval of a Tentative Map shall become effective for the purposes of pursuing recordation,
including compliance with conditions of approval, on the day after the expiration of the appeal period
established by Chapter 18.140 (Appeals), where no appeal has been filed. If an appeal has been filed,
the Tentative Map approval shall not become effective unless the appeal body approves the map; in that
case, the approval shall become effective immediately upon the decision by the appeal body.
18.96.100 - Changes to Approved Tentative Map or Conditions
A subdivider may request changes to an approved Tentative Map or its conditions of approval before
recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map
after recordation are subject to Section 18.98.140 (Amendments to Recorded Maps).
Limitation on allowed changes. Changes to a Tentative Map that may be requested by a
subdivider in compliance with this Section include major adjustments to the location of proposed
lot lines and improvements, and any changes to the conditions of approval, consistent with the
findings required by Subsection D. of this Section. Other changes including increasing the
number of approved lots shall require the filing and processing of a new Tentative Map.
Application for changes. The subdivider shall file an application and filing fee with the
Department, using the forms furnished by the Department, together with the following additional
information:
A statement identifying the Tentative Map number, the features of the map or particular
conditions to be changed and the changes requested, the reasons why the changes are
requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the Department.
C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed
in the same manner as the original Tentative Map, except as otherwise provided by this Section.
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Findings for approval. The review authority shall not modify the approved Tentative Map or
conditions of approval unless it shall first find that the change is in compliance with following
Subsections D. l, or D.2, and that all of the applicable findings for approval required by Sections
18.96.060.A and B. can still be made.
1. Non-substantive changes. The proposed changes:
a. Involve minor alterations in the location of proposed lot lines, and/or reduce the
number of proposed parcels;
Do not change subdivision features that were a specific basis for any findings for
Tentative Map approval or the decision of the review authority to approve the
Tentative Map;
c. Will not affect any finding of, or mitigation required by, a Negative Declaration or
EIR, except to further minimize environmental impacts; and
d. Will improve subdivision design.
2. Errors or unforeseen circumstances. The change is necessary because of one or more
of the following circumstances:
a. There was a material mistake of fact in the deliberations leading to the original
approval;
b. There has been a change of circumstances related to the original approval; or
c. A serious and unforeseen hardship has OCCUlTed, not due to any action of the applicant
subsequent to the enactment of this Development Code.
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Effect of changes on time linfits. Approved changes to a Tentative Map or conditions of
approval shall not be considered as approval of a new Tentative Map, and shall not extend the
time limits provided by Section 18.96.140 (Expiration of Approved Tentative Map).
18.96.110 - Completion of Subdivision Process
Compliance with conditions, improvement plans. After approval of a Tentative Map in
compliance with this Chapter, the subdivider shall proceed to fulfill the conditions of approval
within any time limits specified by the conditions and the expiration of the map and, where
applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter
18.108 (Improvement Plans and Agreements), before constructing any required improvements.
B. Parcel or Final Map preparation, filing and recordation.
A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed
and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the
subdivision, unless a Parcel Map has been waived in compliance with Section 18.98.030
(Waiver of Parcel Map).
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A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed
and recorded as set forth in Chapter 18.98 (Parcel Maps and Final Maps), to complete the
subdivision.
18.96.120 - Vesting Tentative Maps
This Section establishes procedures to implement the vesting Tentative Map requirements of State law,
Sections 66498.1 et seq. of the Map Act.
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Applicability. Whenever this Development Code requires that a Tentative Map be filed, a
vesting Tentative Map may instead be filed, provided that the vesting Tentative Map is prepared,
filed and processed in compliance with this Section.
1. A vesting Tentative Map may be filed for either residential, commercial or industrial
developments.
If a subdivider does not seek the rights conferred by this Section, the filing of a vesting
Tentative Map is not a prerequisite to any approval for any proposed subdivision, permit
for construction, or work preparatory to construction; however, nothing in this Section shall
be construed to eliminate the need for a subdivider to obtain subdivision or other land use
approval in compliance with the other applicable provisions of this Development Code,
building, grading or other construction permit approval.
Procedures for processing a vesting Tentative Map. A vesting Tentative Map shall be filed
in the same form, have the same contents and accompanying data and reports and, shall be
processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows.
Application content. The vesting Tentative Map shall include the following information
in addition to that required by Section 18.96.010 (Tentative Map Preparation, Application
Contents):
a. Title. The vesting Tentative Map shall be prepared with the words "Vesting Tentative
Map" printed conspicuously on its face; and
Intended development. The vesting Tentative Map application shall include
accurately drawn, preliminary floor plans or footprints, and architectural elevations for
all buildings and structures intended to be constructed on the property after
subdivision.
Findings for approval. The approval of a vesting Tentative Map shall not be granted
unless the review authority first determines that the intended development of the
subdivision is consistent with the zoning regulations applicable to the property at the time
of filing, in addition to all other findings required for Tentative Map approval by Section
18.96.060 (Tentative Map Approval or Denial).
Expiration of vesting Tentative Map. An approved vesting Tentative Map shall be subject to
the same time limits for expiration as are established for Tentative Maps by Sections 18.96.130
et seq. (Tentative Map Time Limits).
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Changes to approved map or conditions. The subdivider may apply for an amendment to the
vesting Tentative Map or conditions of approval at any time before the expiration of the vesting
Tentative Map. An amendment request shall be considered and processed as a new application,
in compliance with this Section.
E. Development rights vested.
The approval of a vesting Tentative Map shall confer a vested right to proceed with
development of the subdivided lots in substantial compliance with the Town ordinances,
policies and standards (excluding fees) described in Map Act Section 66474.2.
If Map Act Section 66474.2 is repealed, approval of a vesting Tentative Map shall confer
a vested fight to proceed with development in substantial compliance with the Town
ordinances, policies and standards in effect at the time the map is approved.
3. Subsequent land use permits, building permits, extensions of time or other entitlements
filed on parcels created by the subdivision may be conditioned or denied if:
a. A failure to do so would place the residents of the subdivision or the immediate area
in a condition dangerous to health or safety; or
b. The condition or disapproval is required in order to comply with state or federal law.
Fees charged for building or land use permits, filed after the approval of a vesting Tentative
Map shall be as required at the time the subsequent permit applications are filed, including
any related development impact fees (e.g., traffic mitigation fees, etc.). Application
contents shall be as required by ordinance requirements in effect at the time the subsequent
application is filed.
Duration of vested fights. The development rights vested by this Section shall expire if a Parcel
Map or Final Map is not approved before the expiration of the vesting Tentative Map in
compliance with Sections 18.96.130 et seq. (Tentative Map Time Limits). If the Parcel or Final
Map is approved and recorded, the development rights shall be vested for the following periods
of time.
An initial time period of 12 months from the date of recordation of the Parcel or Final Map.
Where several Final Maps are recorded on various phases of a project covered by a single
vesting Tentative Map, this initial time period shall begin for each phase when the Final
Map for that phase is recorded.
The initial 12 months shall be automatically extended by any time used for processing a
complete application for a grading permit or for design or architectural review, if
processing exceeds 30 days from the date the application is accepted for processing as
complete.
The subdivider may apply for a one-year extension at any time before the initial 12 months
expires. Application for an extension shall be submitted to the Department and shall be
accompanied by the required fee. The Commission shall approve or deny any request for
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extension. If the extension is denied by the Commission, the subdivider may appeal to the
Council as set forth in Chapter 18.140 (Appeals).
If the subdivider submits a complete application for a building permit during the periods
of time specified in Subsections F.I and F.2 above, the vested rights shall continue until
the expiration of the building permit, or any extension of that permit.
18.96.130 - Tentative Map Time Limits
The processing of a Tentative Map shall be completed, and an approved Tentative Map shall be subject
to the time limits for expiration and procedures for extension in compliance with Sections 18.96.140
through 18.96.150.
18.96.140 - Expiration of Approved Tentative Map
The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, and 66463.5. An
approved Tentative Map or vesting Tentative Map is valid for 24 months after its effective date (Section
18.96.090). At the end of that time, the approval shall expire and become void unless:
A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the
Town Engineer in compliance with Chapter 18.98 (Parcel Maps and Final Maps), and the map
is recorded within 90 days of the expiration date; or
B. An extension of time has occurred in compliance with Section 18.96.150.
A Tentative Map approval shall be deemed to have expired if a Parcel or Final Map has not been
recorded within the time limits established by this Section or within an extension of time approved in
compliance with Section 18.96.150. Expiration of an approved Tentative Map or vesting Tentative
Map shall terminate all proceedings. The application shall not be reactivated unless a new subdivision
application is filed.
18.96.150 - Extensions of Time for Tentative Maps
When a subdivision has not been completed through the recording of a Parcel or Final Map within the
time limits set by Section 18.96.130, time extensions may be granted in compliance with this Section.
Extension requests applications shall be filed with the Department on or before the date of expiration
of the approval or previous extension, together with the required filing fee.
Tentative Maps. The review authority which approved the Tentative Map may grant extensions
of one to five years to the initial time limit, provided that the total of all extensions shall not
exceed five years, only after finding that:
There have been no changes to the provisions of the General Plan, any applicable Specific
Plan, or this Development Code applicable to the project since the approval of the Tentative
Map causing the proposed subdivision to become inconsistent with the General Plan or any
applicable Specific Plan, or to not comply with any applicable provision of this
Development Code;
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There have been no changes in the character of the site or its surroundings that affect how
the policies of the General Plan or other standards of this Development Code apply to the
project, causing the proposed subdivision to become inconsistent with the General Plan or
any applicable Specific Plan, or to not comply with any applicable provision of this
Development Code; and
There have been no changes to the capacities of community resources, including but not
limited to water supply, sewage treatment or disposal facilities, roads or schools so that
there is no longer sufficient remaining capacity to serve the project.
B. Tentative Maps with multiple Final Maps.
Where a subdivider is required to expend more than $125,000, as increased by the registrar
of contractors according to the adjustment of inflation set forth in the Statewide Cost Index
for Class B construction as determined by the State Allocation Board, to construct,
improve, or finance the construction or improvement of public improvements outside the
property boundaries of the Tentative Map, other than improvements of public rights-of-way
which abut the boundary of the site and which are reasonably related to the development
of the site, and multiple Final Maps are filed covering portions of a single approved
Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map
by an additional 36 months from the date of its expiration, or the date of the previously
filed Final Map, whichever is later. The total of all extensions shall not extend the validity
of the Tentative Map more than 10 years from its approval.
Tentative Maps which do not require the subdivider to provide more than $125,000, as
increased by the registrar of contractors according to the adjustment of inflation set forth
in the Statewide Cost Index for Class B construction as determined by the State Allocation
Board, for off-site improvements shall expire at the end of the initial time period of the
approval, unless a Parcel or Final Map is recorded, or an extension of time is requested and
approved in compliance with Subsection A. above.
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Vesting Tentative Maps. The review authority which approved the Vesting Tentative Map may
grant extensions of one to five years to the initial time limit, provided that the total of all
extensions shall not exceed five years, in compliance with Subsection A., above. Any rights
conferred by Section 18.96.120 (Vesting Tentative Maps) shall expire if a Final Map is not
approved and recorded before the expiration of the vesting Tentative Map.
18.96.160 - Applications Deemed Approved
Any subdivision application deemed approved in compliance with Government Code Section 65956,
or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this Development
Code, which shall be satisfied by the subdivider before any Building Permits or other land use
entitlements are issued. Parcel or Final Maps filed for record after the automatic approval of their
Tentative Map shall remain subject to all the mandatory requirements of this Development Code and
the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.
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CHAPTER 18.98 - PARCEL MAPS AND FINAL MAPS
Sections:
18.98.010 -
18.98.020 -
18.98.030 -
18.98.040 -
18.98.050 -
18.98.060 -
18.98.070 -
18.98.080 -
Purpose of Chapter
Parcel Maps
Waiver of Parcel Map
Parcel Map Form and Content
Filing and Processing of Parcel Maps
Parcel Map Approval
Final Maps
Final Map Form and Content
18.98.090 - Filing and Processing of Final Maps
18.98.100 -Final Map Approval
18.98.110 - Supplemental Information Sheets
18.98.120 - Recordation of Maps
18.98.130 - Effect of Recorded Map
18.98.140 - Amendments to Recorded Maps
18.98.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and
Final Maps, consistent with the requirements of the Map Act.
18.98.020 - Parcel Maps
As required by Sections 18.90.030 (Applicability), and 18.96.110 (Completion of Subdivision Process),
a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four
or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section
18.98.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 18.98.040
through 18.98.060.
18.98.030 - Waiver of Parcel Map
A subdivider may request waiver of a Parcel Map, and the Zoning Administrator may grant the waiver
in compliance with this Section.
When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted
by the Zoning Administrator for a subdivision that results in the creation of only two parcels, and
the boundaries of the original parcel have been previously surveyed and a map recorded, and are
certain as to location.
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Application processing and approval. A request for waiver of Parcel Map shall be submitted
with the Tentative Map application, together with the required filing fee. The waiver request
shall be processed and acted upon concurrently with the Tentative Map application. The Zoning
Administrator may grant a requested waiver if:
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1. The proposed Tentative Map satisfies all findings required for approval by Section
18.96.060 (Tentative Map Approval or Denial); and
The proposed subdivision complies with all applicable requirements of the Map Act and
this Development Code as to lot area, improvement and design, drainage, flood control,
appropriate improved public roads, sewage disposal facilities, water supply availability, and
environmental protection.
Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time
limits and opportunities for extension of time as the accompanying Tentative Map, in compliance
with Sections 18.96.140 (Expiration of Approved Tentative Map) and 18.96.150 (Extensions of
Time for Tentative Maps), and Subsection D. of this Section, following.
Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be
completed by the subdivider satisfying all conditions of approval, and by then filing and
obtaining approval of a certificate of completion in compliance with this Section.
Preparation and filing of certificate. The subdivider shall submit an application for a
certificate of completion to the Town Engineer for review and approval, including the
following information.
a. A diagram or exhibit illustrating the configuration and dimensions of the parcels
described in the legal descriptions submitted with the certificate of completion.
A statement signed by the subdivider under penalty of perjury that no change in the
ownership of the subject property has occurred since the submittal of the title report
with the Tentative Map application. If a change in ownership has occurred, the
subdivider shall submit a new title report issued within 60 days before the filing of the
certificate of completion application.
c. A statement by a registered civil engineer, licensed land surveyor, or title company
verifying that any required access easements extend to a publicly maintained road.
d. A certificate of completion in the form required by the Town Engineer, prepared for
recording, including:
A list of all requirements imposed as conditions of approval of the Tentative
Map, including but not limited to any requirements for the construction of
offsite and onsite improvements;
(2)
A statement signed by the owner under penalty of perjury attesting that all of
the conditions of approval of the Tentative Map have been met or provided for
under the terms of an acceptable subdivision agreement secured by appropriate
surety as prescribed by the Map Act; and
(3)
A legal description of each parcel created in substantial conformance with the
approved Tentative Map, prepared by a registered civil engineer or licensed
land surveyor.
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e. Any required recordation fees.
Review and approval of certificate. The Town Engineer shall review, approve or deny,
and complete the processing of a certificate of completion by examining the materials
submitted and performing other investigations as necessary to ensure that:
a. All record title owners have consented to the subdivision;
b. The certificate of completion accurately describes the conditions of approval, and that
the conditions of approval have been satisfactorily completed; and
c. The legal descriptions on the certificate are accurate, and are in substantial
conformance with the approved Tentative Map.
If the Town Engineer is satisfied that the certificate of completion and materials submitted
with it comply with the above requirements, the Town Engineer shall place an endorsed
approval upon the face of the certificate and shall file it with the County Recorder. Upon
recording, the subdivision shall be deemed completed, and the parcels created by the
subdivision may be conveyed or otherwise transferred.
18.98.040 - Parcel Map Form and Content
A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or
licensed land surveyor, registered or licensed by the State of California. Parcel Map submittals shall
include the application forms, and all information and other materials prepared as required by the
Department. A Parcel Map submittal shall also include a digital copy of the Parcel Map, prepared using
computer software and standards specified by the Town Engineer.
18.98.050 - Filing and Processing of Parcel Maps
Filing with the Town Engineer. The Parcel Map, together with all data, information and
materials required by Section 18.98.040 above shall be submitted to the Town Engineer. The
Parcel Map shall be considered submitted when it is complete and complies with all applicable
provisions of this Development Code and the Map Act.
B. Review of Parcel Map. The Town Engineer shall:
Determine whether the parcel map complies with all applicable provisions of this
Development Code and the Map Act and all conditions of approval of the Tentative Map,
that the map is technically correct, and that it is in substantial compliance with the approved
Tentative Map; and
Obtain verification from the Department that the Parcel Map conforms to the approved
Tentative Map and that any conditions of approval for which that office is responsible have
been completed.
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If the Parcel Map does not conform as required above, the subdivider shall be notified, and given
the opportunity to make necessary changes and resubmit the Parcel Map, together with all
required data.
18.98.060 - Parcel Map Approval
After determining that the Parcel Map is technically correct in compliance with Section 18.98.040, and
in compliance with all other applicable provisions of this Article and the Development Code, the Town
Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section
66450, and approve or deny the Parcel Map in compliance with this Section.
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Criteria for approval. The Town Engineer shall approve the Parcel Map if it complies with all
the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions
of this Development Code that were applicable at the time that the Tentative Map was approved,
and is in substantial compliance with the approved Tentative Map.
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Waiver of errors. The Town Engineer may approve a Parcel Map that fails to meet any of the
requirements of this Development Code or the Map Act applicable at the time of approval of the
Tentative Map, when the Town Engineer finds that the failure of the map is a technical or
inadvertent error which, in the determination of the Town Engineer does not materially affect
the validity of the map.
Map with dedications. If a dedication or offer of dedication is required on the Parcel Map, the
Town Engineer shall accept, accept subject to improvement, accept for public use without
accepting responsibility for maintenance, or reject with or without prejudice any or all offers of
dedication, at the same time as the Town Engineer takes action to approve the Parcel Map.
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Map with incomplete improvements. If improvements required by this Development Code,
conditions of approval or by law have not been completed at the time of approval of the Parcel
Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section
66462, and Section 18.108.040 (Improvement Agreements and Security), as a condition
precedent to the approval of the Parcel Map.
Transmittal to Recorder. After action by the Town Engineer and after the required signatures
and seals have been affixed, the Town Engineer shall transmit the Parcel Map to County
Recorder for filing, in compliance with Section 18.98. 120 (Recordation of Maps).
Permits prior to map recordation. In accordance with Health and Safety Code Section 19828,
the Town Engineer may authorize the issuance of a building permit for construction on a parcel
to be created by a map prior to recordation of the Parcel Map if the Town Engineer finds that all
conditions of the Parcel Map have been fulfilled and the map may be recorded.
Appeal. A decision of the Town Engineer to approve or disapprove a Parcel Map may be
appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on
the appeal shall be held within 30 days after the date of filing the appeal. The Council shall
reach its decision within I0 days following the conclusion of the hearing.
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18.98.070 - Final Maps
As required by Section 18.90.030 (Applicability), a Final Map shall be filed and approved to complete
the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed
and processed as set forth in Sections 18.98.080 through 18.98.100.
18.98.080 - Final Map Form and Content
A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or
licensed land surveyor, registered or licensed by the State of California. Final Map submittals shall
include the application forms, and all information and other materials prepared as required by the
Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using
computer software and standards specified by the Town Engineer.
18.98.090 - Filing and Processing of Final Maps
Filing with Town Engineer. The Final Map, together with all data, information and materials
required by Section 18.98.080 above shall be submitted to the Town Engineer. The Final Map
shall be considered submitted when it is complete and complies with all applicable provisions
of this Development Code and the Map Act.
B. Review of Final Map. The Town Engineer shall review the Final Map and all accompanying
materials, and shall:
Determine whether the map and subdivision comply with all applicable provisions of this
Development Code and the Map Act, including the conditions of approval of the Tentative
Map, that the map is technically correct, and that it is in substantial compliance with the
approved Tentative Map; and
Obtain verification from the Department that the Final Map conforms to the approved
Tentative Map and that any conditions of approval for which that office is responsible have
been completed.
If the Final Map does not conform as required above, the subdivider shall be notified, and given
the opportunity to make necessary changes and resubmit the Final Map, together with all
required data.
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Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative
Map if the subdivider either included a statement of intention with the Tentative Map or, if after
the filing of the Tentative Map, the Director approved the request.
18.98.100 - Final Map Approval
After determining that the Final Map is technically correct in compliance with Section 18.98.080, and
in compliance with all other applicable provisions of this Article and the Development Code, the Town
Engineer shall execute the Town Engineer's certificate on the map as required by Map Act Section
66442, and approve or deny the Final Map in compliance with this Section.
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II.
Criteria for approval. The Town Engineer shall approve the Final Map if it complies with all
the requirements of the Map Act, all conditions of approval of the Tentative Map, all provisions
of this Development Code that were applicable at the time that the Tentative Map was approved,
and is in substantial compliance with the approved Tentative Map.
Notification of Town Council. Prior to approval or disapproval of the Final Map, the Town
Engineer shall notify the Town Council of the Town Engineer's pending action on the Final Map
at its next regular meeting after the Final Map is filed with the Town Engineer. The Town Clerk
shall provide notice of the Town Engineer's pending action by attaching and posting said notice
with the Council's regular agenda and mailing such notice to any interested party who requests
notice. The Town Engineer shall approve or disapprove the Final Map within 10 days following
the meeting of the Town Council.
Waiver of errors. The Town Engineer may approve a Final Map that fails to meet any of the
requirements of this Development Code or the Map Act applicable at the time of approval of the
Tentative Map, when the Town Engineer finds that the failure of the map is a technical or
inadvertent error which, in the determination of the Town Engineer does not materially affect
the validity of the map.
Approval by inaction. If the Town Engineer does not approve or deny the map within the
prescribed time or any authorized extension, and the map conforms to all applicable
requirements and rulings, it shall be deemed approved, and the Town Clerk shall certify its
approval on the map.
Map with dedications. If a dedication or offer of dedication is required on the Final Map, the
Town Engineer shall accept, accept subject to improvement, accept for public use without
accepting responsibility for maintenance, or reject with or without prejudice any or all offers of
dedication, at the same time as the Town Engineer takes action to approve the Final Map.
Map with incomplete improvements. If improvements required by this Development Code,
conditions of approval or by law have not been completed at the time of approval of the Final
Map, the subdivider shall enter into an agreement with the Town as specified in Map Act Section
66462, and Section 18.108.040 (Improvetnent Agreements and Security), as a condition
precedent to the approval of the Final Map.
Transmittal to Recorder. After action by the Town Engineer and after the required signatures
and seals have been affixed, the Town Engineer shall transmit the Final Map to County Recorder
for filing, in compliance with Section 18.98.120 (Recordation of Maps).
Permits prior to map recordation. In accordance with Health and Safety Code Section 19828,
the Town Engineer may authorize the issuance of a building permit for construction on a parcel
to be created by a map prior to recordation of the Final Map if the Town Engineer finds that all
conditions of the Final Map have been fulfilled and the map may be recorded.
Appeal. A decision of the Town Engineer to approve or disapprove a Final Map may be
appealed to the Town Council in compliance with Chapter 18.140 (Appeals). The hearing on
the appeal shall be held within 30 days after the date of filing the appeal. The Council shall
reach its decision within 10 days following the conclusion of the hearing.
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18.98.110 - Supplemental Information Sheets
In addition to the information required to be included in Parcel Maps and Final Maps (Sections
18.98.040 and 18.98.080, respectively), additional information may be required to be submitted and
recorded simultaneously with a Parcel or Final Map as required by this Section.
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Preparation and form. The additional information required by this Section shall be presented
in the form of additional map sheets, unless the Director determines that the type of information
required would be more clearly and understandably presented in the form of a report or other
document. The additional map sheet or sheets shall be prepared in the same manner and in
substantially the same form as required for Parcel Maps by Section 18.98.040 (Parcel Map Form
and Content).
B. Content of information sheets. Supplemental information sheets shall contain the following
statements and information:
1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by
the Town Engineer, the words "Supplemental Information Sheet;"
Explanatory statement. A statement following the title that the supplemental information
sheet is recorded along with the subject Parcel or Final Map, and that the additional
information being recorded with the Parcel or Final Map is for informational purposes,
describing conditions as of the date of filing, and is not intended to affect record title
interest;
3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The
map shall indicate the location of the subdivision within the Town;
4. Areas subject to flooding. Identification of all lands within the subdivision subject to
periodic inundation by water;
Soils or geologic hazards reports. When a soils report or geological hazard report has
been prepared, the existence of the report shall be noted on the information sheet, together
with the date of the report and the name of the engineer making the report; and
Information required by conditions of approval. Any information required by the
approval body to be included on the supplemental information sheet(s) because of its
importance to potential successors in interest to the property.
18.98.120 - Recordation of Maps
At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall
present to the County Recorder evidence that, at the time of filing the map, the parties consenting
to the filing are all parties having vested fee interest in the property being subdivided and are
parties required to sign the certificate described in Map Act Section 66445(e).
The County Recorder will review and act upon Parcel and Final Maps filed with that office as
set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.
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18.98.130 - Effect of Recorded Map
When a properly endorsed Parcel or Final Map has been filed for record, the subdivision or reversion
to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred.
The recordation of the map shall have the effect of eliminating any lot lines that existed within the
boundaries of the subdivision before approval of the Tentative Map.
18.98.140 - Amendments to Recorded Maps
A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change
characteristics of the approved subdivision only as set forth in this Section.
Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation,
or that other corrections are necessary, the corrections may be accomplished by either the filing
of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the
Map Act. For the purposes of this Section, "errors" include errors in course or distance (but not
changes in courses or distances from which an error is not ascertainable from the Parcel or Final
Map), omission of any course or distance, errors in legal descriptions, or any other map error or
omission as approved by the Town Engineer that does not affect any property right, including
but not limited to lot numbers, acreage, street names, and identification of adjacent record maps.
Other corrections may include indicating monuments set by engineers or surveyors other than
the one that was responsible for setting monuments, or showing the proper character or location
of any monument that was incorrectly shown, or that has been changed.
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Changes to approved subdivision. In the event that a subdivider wishes to change the
characteristics of an approved subdivision, including but not limited to the number or
configuration of parcels, location of streets or easements, or the nature of required improvements,
the construction of which has been deferred through the approval of an agreement in compliance
with Section 18. 108.040 (Improvement Agreements and Security), a new tentative and Parcel
or Final Map shall be filed and approved as required by Section 18.90.030 (Applicability).
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Condominiums and Condominium Conversions
18.100
CHAPTER 18.100 - CONDOMINIUMS AND CONDOMINIUM
CONVERSION
Sections:
18. 100.010 - Purpose of Chapter
18.100.020 - Applicability
18.100.030 - Condominiums
18.100.040 - Condominium Conversions
18.100.010 - Purpose of Chapter
This Chapter establishes requirements for applications for the creation of a condominium
simultaneously with the construction of a new structure, and the conversion of an existing structure to
a condominium, consistent with the requirements of the Map Act.
18.100.020 - Applicability
The provisions of this Chapter apply to all common interest developments, including community
apartment projects, condominiums, planned developments, stock cooperatives, etc. As a type of real
property ownership, a condominium may include a variety of development types, including apartment-
type structures, mobile home parks, townhouses, etc.
18.100.030 - Condominiums
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Review and approval process. When a residential structure is proposed at the time of
construction as a condominium or other common interest development (including a community
apartment project, planned development or stock cooperative, as provided by California Civil
Code Section 1351), a Tentative Map for the project shall be filed in the same form, have the
same contents and accompanying data and reports and shall be processed, approved or denied
in the same manner in compliance with Chapter 18.96 (Tentative Map Filing and Processing).
Chapter 18.98 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall
also be filed.
B. Waiver of Tentative Map. Tentative Map approval shall not be required for a condominium
project on a single parcel, provided that:
The residential project is authorized by the approval of a Zoning Clearance, Development
Permit, Minor Use Permit, Use Permit, or Planned Development Permit, where the review
authority determines in granting the approval that the proposed condominium complies
with all applicable requirements of the Map Act and this Development Code as to area,
improvement and design, floodwater drainage control, appropriate improved public roads,
sewage disposal facilities, water supply availability, environmental protection, dedications,
and other applicable standards; and
2. A Parcel or Final Map shall be recorded for the project, as follows:
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a. The required Parcel or Final Map shall not be approved and recorded until the
structure is completed and a Certificate of Occupancy issued;
b. The Map shall not be approved and recorded if tenants have occupied the structure,
unless they have been provided the notice required by Map Act Section 66452.8; and
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The Map shall be recorded within one year of the issuance of the Certificate of
Occupancy. If the Map is not recorded within one year, it shall expire and become
void, and the condominium may only be established in compliance with Section
18.100.040 (Condominium Conversion).
18.100.040 - Condominium Conversions
A condominium conversion is the conversion of real property to a common interest development as
defined by California Civil Code Section 1351. A conversion shall require the approval of a Tentative
Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in
compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park.
If a Parcel Map is waived, a Tentative Map shall still be required.
A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents
and accompanying data and reports and shall be processed, approved or denied in the same manner as
set forth in Chapter 18.96 (Tentative Map Filing and Processing), with the following exceptions.
Application contents. Condominium conversion applications shall include the same
information and materials as Tentative Map applications, except for conversions of residential
projects, which shall also include the following information and materials.
Tentative Map. The Tentative Map for a condominium, community apartment project,
or the conversion of five or more existing dwelling units to a stock cooperative need not
show the buildings or the manner in which the airspace above the property shown on the
map are to be divided. However, the applicant shall provide an illustration of how division
will occur to enable verification of the accuracy of the legal descriptions on deeds for the
transfer of ownership of the units.
2. Public notice materials. Stamped, Number 10 envelopes addressed to each tenant of the
property being converted.
Evidence of compliance with Map Act notice requirements. A copy of the notice
required by Map Act Section 66452.9, a list of the names and addresses of all tenants
served with the notice, and the dates and methods by which the notice was served. This
information shall be certified to be correct by an affidavit or by a statement made under
penalty of perjury in compliance with Code of Civil Procedure Section 2015.5. The notice
shall be given to the tenants at least 60 days prior to the filing of a Tentative Map.
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Verification of stock cooperative vote. If the development being converted to a
condominium is a stock cooperative, the application shall also include verification of the
vote required by Map Act Section 66452.10.
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Mobile home park conversion impact report. If the development being converted to a
condominium is a mobile home park, the application shall also include the report required
by Map Act 66427.4.
Staff report. The staff report on the Tentative Map for the condominium conversion (Section
18.100.040) shall be provided to each residential tenant of the subject property at least three days
prior to any hearing or action on the Tentative Map by the Zoning Administrator or Commission.
Public notice. The following notice shall be provided in addition to that required by Chapter
18.180 (Public Hearings):
Tenant notice. The subdivider shall give notice to all existing or prospective tenants as
set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department
satisfactory proof that the notice was given; and
2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be
provided to all tenants of the subject property, as required by Map Act Section 66451.3.
D. Approval of conversion, required findings.
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Time limit, stock cooperatives. The approval or disapproval of the conversion of an
existing building to a stock cooperative shall occur within 120 days of the application being
found complete in compliance with Section 18.96.020 (Tentative Map Filing, Initial
Processing). The 120-day time limit may be extended by mutual consent of the subdivider
and the Town.
Conversion findings, residential projects. Approval of a tentative or Final Map for a
subdivision to be created from the conversion of residential real property into a
condominium project, community apartment project or stock cooperative shall not be
granted unless the findings set forth in Map Act Section 66427.1 are first made.
Town Building Code. Approval of a tentative or Parcel Map shall not be granted unless
the Chief Building Official finds the building proposed for conversion into a condominium
project, community apartment project or stock cooperative complies with all applicable
provisions of the Town Building Code.
Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map
in compliance with Chapter 18.98 (Parcel Maps and Final Maps) shall be required to complete
the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived in
compliance with Sections 18.100.030.B (Condominiums - Waiver of Tentative Map), 18.98.030
Waiver of Parcel Map), and Map Act Section 66428(b).
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Certificates of Compliance
18.102
CHAPTER 18.102 - CERTIFICATES OF COMPLIANCE
Sections:
18.102.010 - Purpose of Chapter
18.102.020 - Applicability
18.102.030 - Application Contents
18.102.040 - Review and Approval
18.102.050 - Conditional Certificates of Compliance
18.102.010 - Purpose of Chapter
This Chapter provides procedures for the filing, processing, and approval of Certificates of Compliance
and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the
requirements of the Map Act.
18.102.020 - Applicability
A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that
the subject parcel, which was typically created prior to current subdivision map requirements, is
considered by the Town to be a legal lot of record. A Conditional Certificate of Compliance is used
instead of a Certificate of Compliance to validate a parcel that was not legally subdivided in compliance
with the State subdivision laws and local ordinances regulating subdivisions that were in effect at the
time the subdivision occurred.
Section 66499.35 of the Map Act requires the approval of these certificates. Any person owning real
properly, or a purchaser of the property in a contract of sale of the property, may request a Certificate
of Compliance.
18.102.030 - Application Contents
A Certificate of Compliance application shall include the form provided by the Department, the
required filing fee, a chain of title, consisting of copies of all deeds beginning before the division and
thereafter, unless the parcels were created through a recorded subdivision map, and all other
information and materials required by the Department.
18.102.040 - Review and Approval
The processing, review, and approval of an application for a Certificate of Compliance shall occur as
follows.
A. Staff report. The Department shall prepare a staff report that:
1. Describes the history of the land division;
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2. Determines whether the property was legally divided, in compliance with Subsection B.,
following;
References provisions of State law and Town (or earlier County) ordinances applicable to
the subdivision at the time the division in question occurred and any conditions that would
be applicable to a current subdivision, as provided by the Map Act and the Development
Code, if the owners of the property for which a certificate is requested are parties to the
original division; and
Recommends appropriate conditions of approval if it is determined that the property was
not legally divided, in compliance with Section 18.102.050.B (Conditional Certificates of
Compliance - Conditions of approval).
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Zoning Administrator action. The Zoning Administrator shall review all available information
and make a determination whether the real property was divided in compliance with the Map
Act, the applicable provisions of the Development Code, and other applicable provisions of the
Municipal Code.
Upon making the determination that the parcel(s) comply with the applicable provisions
of this Development Code and the Map Act, the Zoning Administrator shall cause a
Certificate of Compliance to be filed with the County Recorder.
In the event that the Zoning Administrator determines that the real property does not
comply with the provisions of this Development Code or the Map Act, the application shall
instead be processed as a Conditional Certificate of Compliance (Section 18.102.050,
Conditional Certificates of Compliance).
Form of certificate. The Certificate of Compliance shall identify the real property, shall state
that the division complies with the provisions of the Map Act and this Development Code, and
shall include all information required by Map Act Section 66499.35.
D. Effective date of certificate. A Certificate of Compliance shall not become final until the
document has been recorded by the County Recorder.
18.102.050 - Conditional Certificates of Compliance
A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided in
compliance with the State subdivision laws and local ordinances regulating subdivisions that were in
effect at the time the subdivision occurred. If the current owners were responsible for the subdivision
which created the illegal parcel, conditions of approval may be imposed, based on current standards.
The preparation, filing and processing of a Conditional Certificate of Compliance application shall
occur in compliance with Section 18. 102.040 (Review and Approval), and this Section.
Review by Zoning Administrator. Upon making a determination that the real property does
not comply with the applicable provisions of this Development Code or the Map Act, the Zoning
Administrator shall grant a Conditional Certificate of Compliance, imposing conditions in
compliance with following Subsection B.
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Conditions of approval. If the owners of the property for which a certificate is requested are
the original subdividers, the Zoning Administrator may impose any conditions that would be
applicable to a current subdivision, as provided by the Map Act and this Development Code,
regardless of when the property was divided. If the owners had no responsibility for the
subdivision that created the parcel, the Zoning Administrator may only impose conditions that
would have been applicable at the time the property was acquired by the current owners.
Appeal. The conditions imposed by the Zoning Administrator may be appealed to the Council
in compliance with Chapter 18.140 (Appeals).
Completion of process. Following expiration of the 10 day appeal period after the
determination and imposition of conditions by the Zoning Administrator, the Department shall
file a Conditional Certificate of Compliance with the County Recorder. The certificate shall
identify the property, and serve as notice to the property owner or purchaser who applied for the
certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that
the fulfillment and implementation of the conditions shall be required before subsequent issuance
of a permit or other approval for the development of the property.
Effective date of certificate. A Conditional Certificate of Compliance shall not become
effective until the document has been recorded by the County Recorder.
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Reversions to Acreage
18.104
CHAPTER 18.104 - REVERSIONS TO ACREAGE
Sections:
18.104.010 - Purpose and Applicability
18.104.020 - Application and Processing
18.104.030 - Findings for Approval of Reversions
18.104.040 - Conditions of Approval for Reversions
18.104.050 - Final Map Contents
18.104.010 - Purpose and Applicability
Subdivided real property may be reverted to acreage (to a single parcel) as provided by this Chapter and
by Map Act Chapter 6, Article 1. The consolidation of existing lots into more than a single parcel shall
be accomplished through the Lot Line Adjustment process (Chapter 18.86) where the existing parcels
qualify for Lot Line Adjustment, or through the Tentative and Parcel or Final Map processes (Chapters
18.96, and 18.98, respectively).
18.104.020 - Application and Processing
Applications for reversion to acreage shall be filed and processed as follows:
Application information - Streets and easements. The application for reversion shall include
evidence of non-use of or lack of necessity for any streets or easements that are to be vacated or
abandoned, in addition to the information required by Section 18.96.010 (Tentative Map
Preparation, Application Requirements).
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Filing and processing. The application shall be prepared, filed, and initially processed as
provided by Chapter 18.70 (Applications, Processing, Fees), except that no environmental
review of a reversion to acreage shall be required, as provided by Section 15305 of the CEQA
Guidelines.
Review and decision. A reversion to acreage shall require approval of a Final Map, with the
procedure the same as that required by Chapter 18.98, except that a public hearing shall be held
by the Planning Commission on the reversion to acreage before approval or disapproval of the
Final Map.
18.104.030 - Findings for Approval of Reversions
Subdivided property may be reverted to acreage only if the advisory agency first makes the following
findings, in addition to determining compliance with Section 18.96.060 (Tentative Map Approval or
Denial):
A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes; and either,
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Reversions to Acreage
18.104
B. All owners of an interest in the real property within the subdivision have consented to reversion;
or
C. None of the improvements required to be made have been made within two years from the date
the Parcel or Final Map was filed for record, or within the time allowed by an agreement for
completion of the improvements, whichever is the later; or
D. No lots shown on the Parcel or Final Map have been sold within five years from the date the map
was filed for record.
18.104.040 - Conditions of Approval for Reversions
As conditions of reversion, the advisory agency shall require the following:
A. Dedications or offers of dedication necessary for the purposes specified by Chapters 18.92
(Subdivision Design and Improvement Requirements) and 18.108 (Improvement Plans and
Agreements).
B. Retention of all previously paid fees and/or any portion of required improvement security or
deposits if necessary to accomplish the purposes of the Map Act or these Regulations.
18.104.050 - Final Map Contents
In addition to the information specified by Sections 18.98.040 and 18.98.080 (Parcel and Final Map
Form and Content), the Final Map for a reversion to acreage shall also delineate dedications that will
not be vacated and dedications that are a condition of reversion.
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Dedications and Exactions
18.106
CHAPTER 18.106 - DEDICATIONS, EXACTIONS, RESERVATIONS,
EASEMENTS
Sections:
18.106.010 - Purpose of Chapter
18.106.020 - Applicability
18.106.030 - Findings Required for Dedications and Exactions
18.106.040 - Right-of-Way Dedications
18.106.050 - Access to the Truckee River and Donner Lake
18.106.060 - Reservations of Land for Public Uses
! 8.106.070 - Easements
18.106.010 - Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof,
in conjunction with subdivision approval.
18.106.020 - Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements of this
Chapter for dedications, reservations, or the payment of in-lieu fees.
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Conditions of approval. The requirements of this Chapter as they apply to a specific
subdivision shall each be described in conditions of approval adopted by the review authority
for the Tentative Map.
18.106.030 - Findings Required for Dedications and Exactions
The review authority may require any of the dedications or exactions described in this Chapter through
conditions of approval of a proposed Tentative Map only after first making findings which:
A. Identify the purpose for the dedication or exaction; and
Demonstrate that there is a reasonable relationship between the need for the dedication or
exaction and the characteristics and impacts of the subdivision from which the dedication or
exaction is required.
18.106.040 - Right-of-Way Dedications
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Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall
dedicate or make an irrevocable offer of dedication in fee simple of all land within the
subdivision that is determined by the review authority to be needed for public and private streets
and alleys, including access rights and abutters' rights.
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Dedications and Exactions
18.106
Improvements. The subdivider shall construct or agree to construct all approved and required
streets and alleys, including access rights and abutters' rights, in compliance with design and
improvement standards within this Chapter, the Public Improvements and Engineering
Standards, or as may be adopted by resolution of the Council.
Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required
improvements. In addition, where parcels front on a Town-maintained road of insufficient
width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way
sufficient for the ultimate facility. Dedications on remainder parcels that are not at the smallest
lot area allowed under present zoning will not be required unless necessary for orderly
development of the area or public health and safety.
Bicycle paths. If the subdivision, as shown on the Final Map, contains 200 or more parcels, any
subdivider who is required to dedicate roadways to the public, shall dedicate additional land for
bicycle paths for the use and safety of the residents of the subdivision.
Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within
the subdivision will be required for local transit facilities including bus turnouts, benches,
shelters, and similar items that directly benefit the residents of the subdivision if:
1. The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or
more if developed to the maximum density shown in the General Plan; and
2. The review authority finds that transit services are or will, within a reasonable time period,
be available to the subdivision.
Alternative transportation systems. Whenever the subdivision falls within an area designated
for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and
Recreation or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the
subdivider shall dedicate land as is necessary and feasible to provide for these ways.
Abandonment/vacation. The abandonment or vacation of a street or highway right-of-way
easement shall comply with Streets and Highways Code Sections 8300 et seq., as applicable, and
Chapter 18.88 (Vacations).
18.106.050 - Access to the Truckee River and Donner Lake
As required by Map Act Sections 66478.4, 66478.5, and 66478.12, the review authority shall not
approve any subdivision which proposes parcels adjacent to the Truckee River or Donner Lake, unless
the proposed subdivision provides or includes reasonable public access by fee or easement from a
public road to that portion of the bank of the river, or the waters of the lake, bordering or lying within
the proposed subdivision. The required extent and type of access shall be determined in compliance
with Map Act Sections 66478.4, 66478.5, and 66478.12, as applicable. The approved access shall be
shown on the Parcel or Final Map, in compliance with Map Act Sections 66478.6 and 66478.12.
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Dedications and Exactions
18.106
18.106.060 - Reservations of Land for Public Uses
The review authority may require through conditions of Tentative Map approval, the reservation of real
property within a proposed subdivision for parks, recreational facilities, fire stations, libraries, or other
public uses, in compliance with this Section, and Map Act Sections 66479 et seq.
A. Criteria for requiring a reservation. A reservation of land within a proposed subdivision for
public use may be required only when the review authority determines that:
The requirement is based on policies and standards of the General Plan or applicable
Specific Plan for the uses for which a reservation is required, and the required reservation
is in compliance with those policies and standards;
2. This Section has been in effect for at least 30 days prior to the filing of the Tentative Map;
3. The reserved area is of such size and shape as to permit the balance of the property within
which the reservation is located to develop in an orderly and efficient manner; and
4. The amount of land reserved will not make development of the remaining land held by the
subdivider to be economically unfeasible.
Configuration of reservation. The reserved area shall conform to the applicable provisions of
the General Plan or applicable Specific Plan, and shall be in multiples of streets and paxcels that
will permit an efficient division of the reserved area in the event that it is not acquired within the
time period established in compliance with following Subsection C.
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Binding agreement required. When a reservation has been required, the Town or other public
agency for which the reservation has been required shall enter into a binding agreement with the
property owner to acquire the reserved area, in compliance with Map Act Section 66480. If the
public agency for whose benefit the reservation was required does not enter into the binding
agreement, the reservation shall automatically terminate, in compliance with Map Act Section
66481.
18.106.070 - Easements
The review authority may require easements to be dedicated to the Town or special district for access,
drainage, public utilities, solar access, and other purposes in compliance with this Article.
Requirements for right-of-way dedications are found instead in Section 18.106.040 (Right-of-Way
Dedications).
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Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall
dedicate or make an irrevocable offer of dedication in fee simple of all land within the
subdivision that is determined by the review authority to be needed for access rights; drainage;
public and private greenways; scenic easements, public utility easements; and any other
necessary public and private easements.
B. Improvements. The subdivider shall construct or agree to construct all approved and required
drainage, public utility and other public easements in compliance with design and improvement
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Dedications and Exactions
18.106
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standards within this Chapter, the Public Improvements and Engineering Standards, or as may
be adopted by resolution of the Council.
Abandonment/vacation. The abandonment or vacation of a service easement shall comply with
Streets and Highways Code Sections 8300 et seq., as applicable, and Chapter 18.88 (Vacations).
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Improvement Plans and Agreements
18.108
CHAPTER 18.108 - IMPROVEMENT PLANS AND AGREEMENTS
Sections:
18.108.010 - Purpose of Chapter
18.108.020 - Improvement Plans
18. 108.030 - Installation of Improvements
18.108.040 - Improvement Agreements and Security
18.108.010 - Purpose of Chapter
This Chapter establishes procedures and requirements for the review and approval of improvement
plans, the installation of improvements, agreements and guarantees for their installation, and
dedications.
18.108.020 - Improvement Plans
After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any work
necessary to fulfill the conditions of approval. Before the construction of any improvements, the
subdivider shall submit plans to the Town as follows:
A. Preparation and content. Improvement plans shall be prepared by a California registered civil
engineer. Improvement plan submittals shall include the following information:
I. Any drawings, specifications, calculations, design reports and other information required
by the Town Engineer;
2. Grading, drainage, erosion and sediment control plan for the entire subdivision; and
3. The improve~nent plan/specification checking and construction inspection fees required by
the Town Fee Resolution.
Submittal of plans. Improvement plans shall be submitted to the Town Engineer and other
reviewing agencies for review and approval. Upon the approval of improvement plans in
compliance with following Subsection C., the subdivider shall also submit a detailed cost
estimate of all improvements to the Town Engineer based on guidelines provided by the Town.
C. Review and approval. Improvement plans shall be reviewed and approved by the Town
Engineer, within the time limits provided by Map Act Section 66456.2.
Effect of approval. The final approval of improvement plans shall generally be required before
approval of a Parcel or Final Map. The approval of improvement plans shall not bind the Town
to accept the improvements nor waive any defects in the improvements as installed.
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Improvement Plans and Agreements
18.108
18.108.030 - Installation of Improvements
Subdivision improvements required as conditions of approval of a Tentative Map in compliance with
this Chapter (see Section 18.96.070) shall be installed as provided by this Section.
Timing of improvements. Required improvements shall be constructed or otherwise installed
only after the approval of improvement plans in compliance with Section 18.108.020, and before
the approval of a Parcel or Final Map in compliance with Sections 18.98.080 (Parcel Map
Approval) or 18.98. 100 (Final Map Approval), except where:
1. Improvements are deferred in compliance with Section 18.108.040 (Improvement
Agreements and Security); or
Improvements are required as conditions on the approval of a subdivision of four or fewer
lots, in which case construction of the improvements shall be required within six months
of the date of recordation of the parcel map. The improvements shall be secured in
accordance with Section 18.108.040 (Improvement Agreements and Security) before the
approval of a Parcel Map.
B. Inspection of Improvements. The construction and installation of required subdivision
improvements shall occur as follows.
Supervision. Before starting any work, the contractor engaged by the subdivider shall
designate in writing an authorized representative who shall have the authority to represent
and act for the contractor in contacts with the Town. The designated representative shall
be present at the work site at all times while work is in progress. At times when work is
suspended, arrangements acceptable to the Town Engineer shall be made for any
emergency work that may be required.
2. Inspection procedures.
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Inspections required. The Town Engineer shall make any inspections as he/she
deems necessary to ensure that all construction complies with the approved
improvement plans. Where required by the Town Engineer, the developer shall enter
into an agreement with the Town to pay the full cost of any contract inspection
services determined to be necessary by the Town Engineer.
Access to site and materials. The Town Erigineer shall have access to the work site
at all times during construction, and shall be furnished with every reasonable facility
for verifying that the materials and workmanship are in accordance with the approved
improvement plans.
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Authority for approval. The work done and all materials furnished shall be subject
to the inspection and approval of the Town Engineer. The inspection of the work or
materials shall not relieve the contractor of any obligations to fulfill the work as
prescribed.
d. Improper work or materials. Work or materials not meeting the requirements of the
approved plans and specifications may be rejected, regardless of whether the work or
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Improvement Plans and Agreements
18.108
materials were previously inspected by the Town Engineer. In the event that the Town
Engineer determines that subdivision improvements are not being constructed as
required by the approved plans and specifications, he or she shall order the work
stopped, and shall inform the contractor of the reasons for stopping work and the
corrective measures necessary to resume work. Any work done after issuance of a
stop work order shall be a violation of this title.
Notification. The subdivider shall notify the Town Engineer upon the completion of each
stage of construction as outlined in the approved improvement plans, and shall not proceed
with further construction until authorized by the Town Engineer.
18.108.040 - Improvement Agreements and Security
This Section provides procedures and criteria for the preparation and approval of improvement
agreements, and standards for the types of security allowed to guarantee the proper installation of
required subdivision improvements.
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Applicability. A subdivider may file a Parcel or Final Map before completion of all the
improvements required by this Article and conditions of approval of the Tentative Map, only
when the subdivider first obtains Town approval of a subdivision improvement agreement
executed and submitted for Town review by the subdivider, and provides the Town performance
security as required by this Section. Improvement agreements and required security shall also
comply with Chapter 5 of the Map Act. The approval of a subdivision improvement agreement
is entirely at the discretion of the Town; and the Town may require the completion of some or
all improvements prior to the recordation of the Parcel or Final Map.
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Contents of improvement agreement. A subdivision improvement agreement shall be
submitted on a form provided by the Town Engineer and approved by Town Attorney and shall
include the following provisions.
1. Description of improvements. A description of all improvements to be completed by the
subdivider, with reference to the approved subdivision improvement plans.
2. Time limit for construction. The period within which all required improvements will be
completed to the satisfaction of the Town Engineer.
Completion by Town. Provide that if the subdivider fails to compete all required
improvements within the specified time, the Town may elect to complete the improvements
and recover the full cost and expenses thereof from the subdivider or the surety, including
any attorney and legal fees associated with enforcement of the agreement. The costs and
expenses may be recorded as a lien against all parcels within the subdivision.
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Surety requirement. Require the subdivider to secure the agreement by furnishing
security to insure full and faithful performance, as specified in Subsection C. of this
Section. The amount of surety shall be based on an engineer's cost estimate submitted by
the subdivider. The total cost of improvements to be guaranteed shall be as provided in the
approved engineer's cost estimate.
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Improvement Plans and Agreements
18.108
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5. Phased construction. Provisions for the construction of improvements in units, at the
option of the subdivider.
6. Time extensions. Provisions for an extension of time under conditions specified therein,
at the option of the Town, consistent with the requirements of Subsection F. following.
Progress payments or partial release. Provide for progress payments from surety
deposits or partial release of agreement surety, at the option of the Town, consistent with
the requirements of Subsection C. following; provided that no progress payment or partial
release shall be construed to be acceptance by the Town of any portion of the required
improvements or any defective work or improper materials.
Security required to guarantee improvements. A subdivision improvement agreement or a
subdivision road maintenance and repair agreement shall be secured by adequate surety in a form
approved as to form and sufficiency by the Town Attorney, as follows:
1. Type of security. Subdivision improvement agreements shall be secured by all of the
following:
a. A guarantee for "Faithful Performance," in the amount of 125 percent of the engineer's
estimate; and
b. A guarantee for "Materials and Labor," in the amount of 125 percent of the engineer's
estimate.
2. Form of security. The required surety shall consist of one of the following forms for the
full amounts specified in Subsection C.1 above, as approved by the Town Engineer:
a. A cash deposit;
b. A bond or bonds executed by one or more duly authorized corporate sureties;
An instrument of credit or letter of credit from one or more financial institutions
subject to regulation by the State or Federal government pledging that funds necessary
to carry out the act or agreement are on deposit and guaranteed for payment; or
d. A lien upon the property to be divided, created by contract between the owner and the
Town.
Release of security. The security furnished by the subdivider shall be released as provided by
Chapter 5 of the Map Act.
Progress payments or partial release. No progress payment or partial release of surety shall
be made except when the Town Engineer has certified that the work required to qualify for
payment or release has been satisfactorily competed and the payment or release has also been
approved by the Council by at least four-fifths vote. No certificate given, progress payment
made, or release of surety, except the final certificate of acceptance, shall be considered as any
evidence of the performance of the agreement either wholly or in part. There shall be no partial
acceptance of any improvements.
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Improvement Plans and Agreements
18.108
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Time extensions. An extension of time for completion of improvements under a subdivision
improvement agreement pursuant shall be granted by the Town only as follows:
Work is in progress. The subdivider is proceeding to do the work required with
reasonable diligence and has given satisfactory evidence of being able and willing to
complete all required work within the time of the requested extension.
2. Agreement by sureties. The sureties agree in writing to extend for the additional period
of time at the original amount of the bond or other surety.
3. Conditions. As a condition of granting a time extension, the Town may impose whatever
additional requirements the Town deems reasonable to protect the public interest.
Acceptance of improvements. Before acceptance for maintenance or final approval of
subdivision improvements, the Town Engineer shall verify that the improvement work has been
completed in substantial compliance with the approved plans and specifications.
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Improvement Plans and Agreements
18.108
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE
Surveys and Monuments
18.110
CHAPTER 18.110 - SURVEYS AND MONUMENTS
Sections:
18.110.010 - Purpose of Chapter
18.110.020 - Survey Procedure and Practice
18.110.030 - Monuments
18.110.040 - Survey Information on Parcel or Final Map
18.110.010 - Purpose of Chapter
This Chapter provides requirements for subdivision survey work, and the placement of subdivision
monuments.
18.110.020 - Survey Procedure and Practice
The procedure and practice of all survey work done on any subdivision, whether for preparation of a
Final Map or Parcel Map shall conform to the standard practices and principles of land surveying, the
California Land Surveyor's Act, and the provisions of this Chapter. All related documents shall be
executed by a Land Surveyor registered in the State of California.
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Traverse. The traverse of the exterior boundaries of the subdivision computed from field
measurements of the ground must close within a limit of error of one foot to 10,000 feet of
perimeter before balancing the survey.
Field notes. When required by the Town Engineer, the engineer or surveyor making the survey
shall prepare complete field notes, in a form satisfactory to the Town Engineer, showing
references, ties, locations, elevations and other necessary data relating to monuments, set in
compliance with these regulations, and shall submit the notes to the Town Engineer to be
indexed and retained as a part of the permanent public record of his office.
Geodetic monuments. Whenever the Town Engineer has established a system of coordinates
which is within a reasonable distance of the subdivision boundary, as determined by the Town
Engineer, the field survey shall be tied into the system.
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Surveys and Monuments
18.110
18.110.030 - Monuments
In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that
any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or
surveyor for all new subdivisions requiring a Parcel Map or Final Map, in compliance with this Section.
A. Boundary monuments.
1. Boundary monuments shall be set on the exterior boundary of the subdivision at all comers,
angle points, beginnings and ends of curves and at intermediate points approximately 1,000
feet apart. The locations of inaccessible points may be established by ties and shall be so
noted on the Final Map or Parcel Map.
2. All exterior boundary monuments shall be set prior to recordation of the Final Map or
Parcel Map or as certified on the Final Map.
B. Interior monuments. Whenever interior monuments are required, the monuments shall be set
at:
1. All block and lot comers and angle points;
2. The beginnings and ends of curves;
3. Points of intersection with centerlines of other existing and proposed streets and alleys; and
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4. The points of intersection with the exterior boundary lines.
Interior property line and centerline monuments and ties may be set after the Final Map or Parcel
Map is recorded.
Monument type and positioning. All monuments set in the course of the survey shall be as
specified by the Town Engineer and shall be set to the depth and in the manner prescribed by the
Town Engineer.
Identification marks. All monuments shall be permanently and visibly marked or tagged with
the registration or license number of the engineer or surveyor who signs the engineer's or
surveyor's certificate and under whose supervision the survey is made.
Replacement of destroyed monuments. Any monument which is disturbed or destroyed before
acceptance of all improvements by the Town shall be replaced by the subdivider.
Timing of monument installation. The exterior boundary of the subdivision shall be
completely monumented or referenced before the Final Map or Parcel Map is submitted to the
Town Engineer for filing. Interior monuments need not be set at the time the Final Map or
Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be
set on or before a specified later date, and if the subdivider furnishes the Town a bond,
instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of
setting the monuments in compliance with Map Act Section 66496.
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Surveys and Monuments
18.110
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Notice of completion. Within five days after all monuments have been set, the engineer or
surveyor shall give written notice to the subdivider and the Town Engineer that the final
monuments have been set. Vehfication of payment to the engineer or surveyor shall be filed as
required by Article 9, Chapter 4 of the Map Act. The cost of setting monuments shall be
included in the engineer's estimate for improvements in compliance with Section 18.108.040
(Improvement Agreements and Security). If requested, this amount of the bond may be released
upon verification of the setting of the monuments by the Town Engineer.
18,110.040 - Survey Information on Parcel or Final Map
The following survey information shall be shown on each Final Map or Parcel Map for which a field
survey was made in compliance with this Development Code.
A. Stakes, monuments (together with their precise position) or other evidence found on the ground,
to determine the boundaries of the subdivision;
Comers of all adjoining properties identified by lot and block numbers, subdivision names,
numbers and pages of record, or by section, township and range, or other proper designation;
All information and data necessary to locate and retrace any point or line without unreasonable
difficulty;
The location and description of any required monuments to be set after recordation of the Final
Map, and the statement that they are "to be set;"
Bearing and length of each lot line, block line and boundary line and each required bearing and
distance;
Length, radius and angle of each curve and the bearing of each radial line to each lot comer on
each curve;
The centerlines of any street or alley in or adjoining the subdivision which have been established
by the Town Engineer, together with reference to a field book or map showing the centerline and
the monuments which determine its position. If determined by ties, that fact shall be so stated;
Any other survey data or information as may be required to be shown by the Town Engineer or
by the provisions of this Chapter.
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