HomeMy Public PortalAboutTitle 18 Article VITRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE
ARTICLE VI
Development Code Administration
Chapter 18.120 - Administrative Responsibility ....................................................................... VI-5
18.120.010
18.120.020
18.120.030
18.120.040
i8.120.050
18.120.060
- Purpose of Chapter .......................................................................................... VI-5
- Planning Agency Defined ................................................................................ VI-5
- Planning Commission ...................................................................................... VI-5
- Zoning Administrator ...................................................................................... VI-5
- Community Development Director .................................................................. VI-6
- Housing Discrimination ................................................................................... VI-6
Chapter 18.130 - Nonconforming Uses, Structures, and Parcels ............................................. VI-7
18.130.010 - Purpose of Chapter .......................................................................................... VI-7
18.130.020 - Definitions ....................................................................................................... VI-7
18.130.030 - Restrictions on Nonconforming Uses and Structures .................................... VI-I 0
18.130.040 - Elimination of Nonconforming Uses (By Use) .............................................. VI- 14
18.130.050 - Single Family Dwelling Unit Exemption ....................................................... VI-14
18.130.060 - Multi-Family Dwelling Unit Exemption ........................................................ VI-15
18.130.070 - Nonconforming Parcels ................................................................................. VI- 15
18.130.080 - Conformity of Uses Requiring Use Permits ................................................... VI- 16
18.130.090 - Extensions of Time for Discontinuance ......................................................... VI-16
18.130.100 - Unlawful Uses and Structures ........................................................................ VI-16
18.130.110 - Nuisance Abatement ...................................................................................... VI-17
Chapter 18.140 - Appeals .......................................................................................................... VI-19
18.140.010
18.140.020
18.140.030
- Purpose of Chapter ........................................................................................ VI-19
- Allowable Appeals ......................................................................................... VI-19
- Filing and Processing of Appeals .................................................................. VI-20
Chapter 18.150 - Development Agreements ............................................................................ VI-23
18.150.010 - Purpose of Chapter ........................................................................................ VI-23
18. 150.020 - Application .................................................................................................... VI-23
18.150.030 - Public Hearings .............................................................................................. VI-24
18.150.040 - Findings and Decision ................................................................................... VI-25
18.150.050 - Content of Development Agreement ............................................................. VI-25
18.150.060 - Execution and Recordation ............................................................................ VI-26
18.150.070 - Environmental Review .................................................................................. VI-27
18.150.080 - Periodic Review ............................................................................................. VI-27
18.150.090 - Amendments to an Approved Development Agreement ............................... VI-27
18.150.100 - Effect of Development Agreement ................................................................ VI-27
18.150.110 - Approved Development Agreements ............................................................. VI-28
September 2001
VI-I
Contents
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Chapter 18.160 - General Plan, Zoning Map, and Development Code Amendments ......... VI-29
18.160.010
18.160.020
18.160.030
18.160.040
18.160.050
18.160.060
18.160.070
- Purpose of Chapter ........................................................................................ VI-29
- Initiation of Amendments .............................................................................. VI-29
- Notice and Hearing ........................................................................................ VI-29
- Commission's Action on Amendments ......................................................... VI-30
- Council's Action on Amendments ................................................................. VI-30
- Findings for Amendments ............................................................................. VI-30
- Conditional Rezonings ................................................................................... VI-31
Chapter 18.170 - Specific Plans ................................................................................................ VI-33
18.170.010-
18.170.020-
18.170.030-
18.170.040-
18.170.050-
Purpose of Chapter ........................................................................................ VI-33
Specific Plan Preparation and Content ........................................................... VI-33
Filing and Processing ..................................................................................... VI-34
Adoption of Specific Plan .............................................................................. VI-35
Implementation, Amendments ....................................................................... VI-35
Chapter 18.174 - Master Plans ................................................................................................. VI-37
18.174.010-
18.174.020-
18.174.030-
18.174.040-
18.174.050-
18.174.060-
18.174.070-
Purpose of Chapter ........................................................................................ VI-37
Master Plan Preparation and Content ............................................................. VI-37
Filing and Processing ..................................................................................... VI-38
Adoption of Master Plan ................................................................................ VI-39
Land Uses and Densities ................................................................................ VI-39
Findings and Decision ................................................................................... VI-39
Amendments .................................................................................................. VI-40
Chapter 18.180 - Public Hearings ............................................................................................ VI-41
18.180.010 - Purpose of Chapter ........................................................................................ VI-41
18.180.020 - Notice of Hearing ........................................................................................... VI-41
18.180.030 - Notice of Decision - Zoning Administrator ................................................... VI-42
18.180.040 - Notice of Decision - Commission .................................................................. VI-42
18.180.050 - Effective Date of Decision ............................................................................. VI-43
18.180.060 - Recommendation by Commission ................................................................. VI-43
18. 180.070 - Notice of Decision - Council ......................................................................... VI-43
Chapter 18.190 - Revocations and Modifications ................................................................... VI-45
18.190.010
18.190.020
18.190.030
- Purpose of Chapter ........................................................................................ VI-45
- Hearings and Notice ....................................................................................... VI-45
- Review Authority Action ............................................................................... VI-45
September 2001
VI-2
TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE
Contents
Chapter 18.200 - Enforcement ................................................................................................. VI-47
18.200.010 - Purpose of Chapter ........................................................................................ VI-47
18.200.020 - Authority to Issue Citations ........................................................................... VI-47
18.200.030 - Remedies are Cumulative .............................................................................. VI-47
18.200.040 - Inspection ....................................................................................................... VI-48
18.200.050 - Initial Enforcement Action ............................................................................ VI-48
18.200.060 - Violations ....................................................................................................... VI-52
18.200.070 - Legal Remedies .............................................................................................. VI-53
18.200.080 - Recovery of Costs .......................................................................................... VI-55
September 2001
VI-3
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Contents
September 2001
VI-4
TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Administrative Responsibility
18.120
CHAPTER 18.120 - ADMINISTRATIVE RESPONSIBILITY
Sections:
18. 120.010 - Purpose of Chapter
18.120.020 - Planning Agency Defined
18.120.030 - Planning Commission
18.120.040 - Zoning Administrator
18.120.050 - Community Development Director
18.120.060 - Housing Discrimination
18.120.010 - Purpose of Chapter
This Chapter describes the authority and responsibilities of Town staff and official bodies in the
administration of this Development Code, in addition to the Council.
18.120.020 - Planning Agency Defined
The functions of a Planning Agency shall be performed by the Truckee Town Council, Planning
Commission, Zoning Administrator, Community Development Director, and Community Development
Department in compliance with State law (Government Code Section 65100), and the Municipal Code.
18.120.030 - Planning Commission
A. Appointment and Meetings. Appointments to the Commission and the scheduling and conduct
of Commission meetings shall be in compliance with Chapter 2.06 of the Municipal Code.
B. Duties and authority. The Commission shall:
Conduct public hearings and approve or deny applications for Development Permits,
Planned Developments, Reversions to Acreage, Tentative Maps, and Use Permits; and
make recommendations to the Council on Development Agreements, Development Code
and Zoning Map Amendments, General Plan Amendments, Specific Plans, environmental
documents, and other applicable policy or ordinance matters related to the Town's planning
process; and
2. Perform any other responsibilities assigned by the Council.
18.120.040 - Zoning Administrator
Appointment. The Community Development Director shall serve as the Zoning Administrator,
who may delegate authority to the staff to carry out the responsibilities of the Zoning
Administrator.
B. Duties and authority. The Zoning Administrator shall:
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Administrative Responsibility
18.120
1. Have the responsibility and authority to conduct public hearings and approve or deny
applications for Certificates of Compliance, Minor Use Permits, Variances, Tentative Maps
for subdivision of four or fewer parcels, and Reversions to Acreage involving four or fewer
parcels;
2. Perform the duties and functions prescribed in this Development Code, including the review
of development projects, in compliance with this Development Code and the California
Environmental Quality Act (CEQA); and
3. Perform any other responsibilities assigned by the Council.
18.120.050 - Community Development Director
A. Appointment. The Community Development Director shall be appointed by the Town Manager.
B. Duties and authority. The Community Development Director shall:
1. Head and manage the functions of the Community Development Department;
2. Have the responsibility and authority to approve or deny applications for Interpretations,
Lot Line Adjustments, Sign Permits, Temporary Use Permits, Voluntary Parcel Mergers,
and Zoning Clearances; and
3. Perform any other responsibilities assigned by the Town Manager and/or Council.
The responsibilities of the Community Development Director may also be carried out by the
Department staff under the supervision of the Community Development Director.
18.120.060 - Housing Discrimination
A Town official or official body, including the Town Council, shall not take any action that
discriminates against any residential development, senior citizen/disabled congregate care facility,
emergency shelter, or transient living center because of the method of financing or the race, sex,
religion, national origin, marital status, or disability of its owners or intended occupants.
September 2001
VI-6
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
CHAPTER 18.130 - NONCONFORMING USES, STRUCTURES,
AND PARCELS
Sections:
18.130.010 - Purpose of Chapter
18.130.020 - Definitions
18.130.030
18.130.040
18.130.050
18.130.060
18.130.070
18.130.080
18.130.090
18.130.100
18.130.110
- Restrictions on Nonconforming Uses and Structures
- Elimination of Nonconforming Uses (By Use)
- Single-Family Dwelling Unit Exemption
- Multi-Family Dwelling Unit Exemption
- Nonconforming Parcels
- Conformity of Uses Requiring Use Permits
- Extensions of Time for Discontinuance
- Unlawful Uses and Structures
- Nuisance Abatement
18.130.010 - Purpose of Chapter
A. This Chapter establishes uniform provisions for the regulation of legal nonconforming land uses,
structures, and parcels.
Within the zoning districts established by this Development Code, there exist land uses, structures,
and parcels that were lawful before the adoption, or amendment of this Development Code, but
which would be prohibited, regulated, or restricted differently under the terms of this
Development Code or future amendments.
It is the intent of this Development Code to discourage the long-term continuance of these
nonconformities, providing for their eventual elimination, but to allow them to exist under the
limited conditions outlined in this Chapter.
D. Generally, this Chapter is intended to be administered in a manner which encourages the eventual
abatement of these nonconformities.
18.130.020 - Definitions
Discontinuance ora nonconformity. The following Subsections serve to define the concept of
discontinuance. Discontinuance may still occur even with the situation identified in Subsection
A.4, below.
1. Discontinuance is typically evidenced by:
a. The removal of equipment, furniture, improvements, inventory, machinery, structures,
or other components so as to make the use inoperable; and/or
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
b. The lack of on-site pedestrian or vehicular activity (e.g., customers, deliveries,
employees, etc.) on a daily basis, which was evident before the discontinuance.
2. Lack of business receipts/records. Where there are no business receipts/records available
to provide evidence that the use is and has been in continual operation.
3. The discontinuance may be by:
a. Voluntary action of the owner/operator;
b. Involuntary discontinuance due to:
(1) DiLapidation of the site and/or structure(s);
(2)
Failure of the owner/operator to abide by State and/or non-zoning local laws
(e.g., required compliance with annual health inspections, payment of sales tax
or Transient Occupancy Tax); or
c. Only a portion of the use, whether voluntary or involuntary. In this case the Director
shall determine if the partial discontinuance is enough to make the use inoperable.
Structure(s) are unoccupied but still connected to services. The site and/or structure(s)
appear to be unoccupied even though they are still connected to services (e.g., cable
television, electricity, protection alarm, sewer, telephone, water, etc.), or the owner/operator
is still paying the required bills (maintenance, mortgage, phone, rent, utilities), etc.
Termination of nonconforming rights. Application of the definitions above shall render
the discontinuance complete and all rights to reestablish or continue the nonconforming use
shall terminate.
B. ' Intensification of a nonconformity. A change in the use of a site, or structure, where the:
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1. More parking required. New or modified use is required by Chapter 18.48 (Off-Street
Parking and Loading) to provide more off-street parking spaces than the former use; or
Change in operational characteristics. Owner/operator implements a change in the
operational characteristics of the use (e.g., increase in the number of days and/or hours of
operation), which have the ability to generate more activity on the site.
Nonconforming parcels. A parcel of record that was legally created before the adoption of this
Development Code and which does not comply with the access, area, or width requirements of
this Development Code for the zoning district in which it is located.
Nonconforming signs. A sign of record (residence, business, or commercial/industrial center)
that was legally created before the adoption of this Development Code and which does not
comply with the sign standards and other applicable development standards of this Development
Code.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
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Nonconforming structure. A structure that was legally constructed before the adoption of this
Development Code and which does not comply with applicable development standards (e.g.
maximum lot coverage, setbacks, etc.) of this Development Code.
Nonconforming use (of land). A use of land (no structures associated with the use) that was
legally established and maintained before the adoption of this Development Code and which is
not allowed in the subject zoning district.
Nonconforming use (by use). A use that was legally established and maintained before the
adoption of this Development Code and which is not allowed in the subject zoning district.
Nonconforming use (by standard). A use that was legally established and maintained before
the adoption of this Development Code and which is allowed in the subject zoning district.
However, the use does not comply with applicable development standards (e.g. landscaping,
parking, screening, etc.) of this Development Code.
Normal repair and maintenance. Normal site or structure repair and maintenance includes the
following:
1. Site -- Fix up or replace on-site:
a. Fences and/or walls;
b. Landscaping, including the planting of new ground cover, scrubs, and trees;
c. Paving or repaving, and stripping of parking and circulation areas; or
d. Service facilities (drainage, irrigation components, and utility service connections).
2. Structure--Fix up or replace:
a. Exterior doors, siding, or windows; or
b. Roof, service connections, or sewer/water system.
Replacement materials. The replacement materials identified in Subsections I. 1 and 1.2
above shall maintain the same visual appearance and characteristics of the original
materials, ensuring compatibility of the replacement materials with the site or structure.
4. Exterior painting, stuccoing, or texture coating.
5. New construction not included. Normal site or structure repair and maintenance does not
include the following examples:
a. New on-site construction;
b. Additions to existing structure(s); or
c. Grading and paving for a new or expanded parking area on previously vacant land.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
Structural alterations. Any exterior or interior alteration(s) to the structure which requires a
Town approved (e.g., discretionary or nondiscretionary) permit (e.g., Building Permit) before
construction and/or operations on the site may be initiated.
Ko
Total costs for repair/maintenance and investment improvements. The expenditure of funds
for both labor and materials to complete the repairs, maintenance, and investment improvements.
The construction of new expansions or additions to a nonconforming structure, which comply
with all applicable standards and guidelines of the Development Code, shall not count towards
the costs of repair/maintenance and investment itnprovements. Once the expansion or addition
is completed, the expansion or addition shall be considered part of the nonconforming structure,
and any subsequent repair/mainteance and investment improvements to the expansion or addition
shall be counted towards the costs for repair/maintenance and investment improvements allowed
for a nonconforming structure. The values for labor and materials shall be verified by a licensed
contractors estimate. If the work will be conducted by the owner, the owner shall provide an
estimate of the labor hours to complete the work and an estimate of the typical labor costs for the
Truckee region for such similar work.
18.130.030 - Restrictions on Nonconforming Uses and Structures
Nonconformities may be continued subject to the provisions identified in Table 6-I (Nonconforming
Uses and Structures) below.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
TABLE 6-1
NONCONFORMING USES AND STRUCTURES
Allowed
Allowed Repair/ Termination by
Type of Continued or Allowed Intensification Rehabilitation or Destruction or
Nonconformity Change o[' Use Expansion of Use Investment Discontinuance
Nonconforming Use For continued None None Yes. for normal 180 Days
(of land) use, Yes repair and See Notes 2, 3
For change of maintenance
use, See Nole I
Nonconforming Use For continued None None Yes 180 Days
(by use) use, Yes See Note 4 See Note 5 See Notes 2, 3, 6
For change of
use, See Note 1
Nonconforming Use For continued Yes Yes Yes 180 Days
(by standard) use, Yes See Note 8 See Note 9 See Note 10 See Notes 2, 3, 6
For change of
use, See Note 7
Nonconforming Yes Yes Yes Yes 180 Days
S[rucmre See Note 11 See Note 12 See Note 13 See Notes 2, 3, 6
Nonconforming No, shall be None None None 90 days from
Tempora~ Signs removed at end mailing o£ the first
of temporary written notice
sign permit time
limit
Nonconforming Shall be abated None None Yes 15 years from
Permanent Signs within the mailing of the first
amorti-zation written notice
See also Section period of Section
18.54.090 18.54.090.C See Notes 15, 16
(Nonconforming or See Note 14
Abandoned Signs)
Notes:
Note 1: Change of use.
(a)
The Director may issue a zoning clearance for a nonconforming use to be changed to an 'allowed
use only if one of the following findings can be made. If them is a conflict between a finding
required for issuance of a zoning clearance and one of the following findings, these findings shall
control.
(1) All requirements of this Development Code are satisfied; or
(2) The change in use is clearly not of an increased intensity and would not have a greater
adverse impact on the surrounding area than the existing or former nonconforming use.
If a nonconforming use is converted to an allowed use, no resumption of the nonconforming use
shall occur.
(b)
The nonconforming use may be changed to another nonconforming use of a similar or less
intensive/more restricted nature (e.g., capacity, intensity, purpose, or size) while continuing to
preserve the rights provided under the nonconforming status. The Director may issue a zoning
clearance for the change in use only if the Director finds that the change in use is clearly not of an
increased intensity and would not have a greater adverse impact on the surrounding area than the
existing or former nonconforming use. If there is a conflict between a finding required for
issuance of a zoning clearance and this finding, this finding shall control. The replacement use
shall serve as the "new bench mark" in terms of establishing the acceptable level of
nonconformance.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
Note 2:
Note 3:
Note 4:
Note 5:
Note 6:
Note 7:
TABLE 6-1
NONCONFORMING USES AND STRUCTURES (cont.)
The rights provided under the nonconforming status would terminate if the use is discontinued for a
minimum period of 180 days. Thereafter, the subject parcel may only be used in full compliance with
alt applicable Development Code requirements.
The rights provided under the nonconforming status would terminate if the use or structure is
involuntarily damaged, demolished, or destroyed to the extent of 50 percent or more of its appraised
market value except for singIe family dwellings and multi-family dwellings which are addressed in
Sections 18.130.050 and 18.130.060.
A nonconforming industrial use in the Downtown Study Area shown on the General Plan Land Use
Diagram, may receive a one-time approval for an expansion of up to 25 percent of the floor area of the
existing building area with an approved use permit. The use permit for such an expansion may be
approved based upon the following findings:
(a) The addition to the structure complies with all applicable Development Code requirements.
(b)
Substantial improvements have been made to the property as a whole such that the overall project
is a substantial improvement relative to compliance with the Development Code standards and
guidelines.
(c) If the non-conforming industrial use includes outdoor storage, the outdoor storage is brought into
compliance with the Development Code standards and guidelines.
Maximum allowable repair/maintenance and investment improvements (work that does not qualify under
repair/maintenance) may only occur in the following manner:
(a) No structural alterations allowed, except those required for seismic retrofitting, Town Building
Code compliance, or replacement.
(b)
Normal repair/maintenance and investment improvements to the nonconforming use may be made
only if the total costs for the repair/maintenance and investment improvements over a five year
period would not exceed 50 percent of its appraised market value of the use. The appriased market
value shall be verified by a valid appraisal by a credentialed real estate appraiser.
The rights provided under the nonconforming status would terminate if the total costs for repair/
mmntenance and investment improvements over a five year period would exceed 50 percent of its
appraised market value.
The conlbrming use, together with its nonconforming development standards, may be changed to another
use of a similar or less intensive/more restricted nature (e.g., capacity, intensity, purpose, or size), while
continuing to preserve the rights provided under the nonconforming status. The Director may issue a
zoning clearance for the change in use only if the Director finds that the change in use is clearly not of
an increased intensity and would not have a greater adverse impact on the surrounding area than the
existing or former nonconforming use. If there is a conflict between a finding required for issuance of
a zoning clearance and this finding, this finding shall control. The replacement use shall serve as the
"new bench mark" in terms of establishing the acceptable level of nonconformance.
September 2001
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TRUCKEE MUN CIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
Note 8:
Note 9:
Note 10:
Note 11:
Note 12:
Note 13:
TABLE 6-1
NONCONFORMING USES AND STRUCTURES (cont.)
The review authority may issue a land use permit for an expansion to a nonconforming use (by standard)
only if all of the following findings can be made:
(a) The expansion of the use, that would intensify the nonconforming development standards,
complies with all applicable standards of this Development Code; and
(b)
The existing use complies with all previous approvals for the use and complies with as many
Development Code standards and guidelines, as is reasonable and practicable, that address and
improve the existing nonconformities.
It' there is a conflict between a finding required for approval of the land use perrmt and the above
findings, the above findings shall control.
The review authority may issue a land use permit for an intensification to a nonconforming use (by
standard) only if ail of the following findings can be made:
(a) The change of the use, that would intensify the nonconforming standards, complies with all
applicable standards of this Development Code; and
(b)
The existing use complies with all previous approvals for the use and complies with as many
Development Code standards and guidelines, as is reasonable and practicable, that address and
improve the existing nonconformities.
If there is a conflict between a finding required for approval of the land use permit and the above
findings, the above findings shall control.
Repairs and maintenance shall be allowed without limitation, except for those identified under the
columns titled "Expansion" and "Intensification" of this chart.
Any addition or expansion to a nonconforming structure devoted to a conforming use shail comply with
all applicable standards and guidelines of this Development Code.
Any intensification to a nonconforming structure devoted to a confonmng use shall comply with ail
applicable standards and guidelines of this Development Code.
Maximum allowable repair/maintenance and investment improvements (work that does not qualify under
repair/maintenance) may only occur in the following manner:
(a) No structural alterations allowed, except for those required for seismic retrofitting, Town Building
Code compliance, and replacement.
(b)
Normal repair/maintenance and investment improvements to the nonconforming structure may be
made only if the total costs for the repair/maintenance and investment improvements over a five
year period would not exceed 50 percent of its appraised market value of the structure. The
appriased market value of the structure shail be verified by a valid appraisal by a credentialed real
estate appraiser.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
Note 14:
TABLE 6-1
NONCONFORMING USES AND STRUCTURES (cont.)
The amortization period sh~l begin on the date of mailing the first written notice issued by the Director
to the sign owner, that the sign is nonconforming. The nonconforming sign may be changed to or
replaced with another nonconforming sign of a less intensive/more restricted nature while continuing to
preserve the rights provided under the nonconforming status. The change or replacement may occur only
if the Director finds that the change or replacement addresses and substantially improves the existing
nonconfbrmities, does not create new nonconformities, and brings the sign into greater conformance with
the sign development standards and design guidelines. However, the changed or replacement sign shall
serve as the "new bench mark" in terms of establishing the acceptable level of nonconformance. The
date of the beginning of the amortization period for the changed or replacement sign shall be thc same
date as the previous nonconforming sign.
Note 15:
Note 16:
The rights provided under the nonconforming status would terminate if the sign is involuntarily
damaged, demolished, or destroyed to the extent of more than 50 percent of its appraised market value,
the damage or destruction is other than facial copy replacement, m~d the sign cannot be repaired within
30 days of the date of its damage or destruction. The appra/sed market value of the sign shall be
verified by a valid appraisal by a credentialed real estate appraiser.
The rights provided under the nonconforming status would terminate if the sign whose owner, outside
of a change of copy, requests permission to remodel and remodels the sign, or expand or enlarge the
building or land use upon which the sign is located, and the sign is affected by the construction,
enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds
50% of the cost of reconstruction of the building.
18.130.040 - Elimination of Nonconforming Uses (By Use)
Replace with a conforming use. The Director, or the appropriate review authority if other than
the Director, may grant one or more of the incentives listed in Subsection B as an inducement for
the owner/operator of an existing nonconforming use (by use) to replace the use with a
conforming use identified in Article II (Zoning Districts and Allowable Land Uses).
Incentives allowed. The incentives for conversion of a nonconforming use to an allowed use may
include decreased landscaping, parking, screening, and setback requirements, and increased
density, FAR, or intensity provisions.
18.130.050 - Single Family Dwelling Unit Exemption
Allowable reconstruction. Nonconforming single family residential dwelling units including
secondary residential units, involuntarily damaged or destroyed due to a catastrophic event, may
be reconstructed or replaced with a new structure(s) using the same development standards
applied to the damaged or destroyed structure(s) (e.g. building envelope, density, and footprint
standards).
Bo
Time limits. The building permit(s) for the reconstruction or replacement of the nonconforming
structure(s) with a new structure(s) shall be obtained within one year from the date of the
catastrophic event and construction shall be completed within two years from the date of issuance
of the building permit(s).
C. Flood and avalanche hazards. The reconstruction or replacement of the nonconforming
structure(s) with a new structure(s) in the 100-year floodplain and/or an avalanche hazard zone
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE [ 8, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
shall be in compliance with all applicable requirements of Chapter 18.34 (Flood Plain
Management) and Section 18.20.060 (Snow Avalanche Overlay District).
18.130.060 - Multi-Family Dwelling Unit Exemption
mo
Allowable reconstruction. Nonconforming ~nulti-family residential dwelling units, involuntarily
damaged or destroyed due to a catastrophic event, may be reconstructed or replaced with a new
structure(s) of an equivalent number of dwelling units and size in compliance with State law
(Government Code Sec. 65852.25) and the standards of this Section.
B. Multi-family units defined. Multi-family is defined as two or more dwelling units on a single
parcel for the purposes of this Section.
Time limits. The building permit(s) for the reconstruction or replacement of the nonconforming
structure(s) with a new structure(s) shall be obtained within two years from the date of the
catastrophic event and construction shall be completed within two years from the date of issuance
of the building permit(s).
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Compliance with Development Code. The multi-family reconstruction shall be in compliance
with all applicable Development Code requirements provided that the predamaged size and
number of dwelling units shall be allowed. The Director may waive or reduce requirements if
compliance with such requirements would result in the size and/or number of dwelling units being
less than that in existence prior to damage or destruction.
18.130.070 - Nonconforming Parcels
A nonconforming parcel of record that does not comply with the access, area, or width requirements
of this Development Code for the zoning district in which it is located, shall be considered to be a legal
building site if it meets at least one of the five criteria specified by Subsection A.
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Criteria for nonconforming status. It shall be the responsibility of the applicant to produce
sufficient evidence to establish the applicability of one or more of the following, which shall
determine that a parcel is a legal building site for purposes of development and new land uses:
1. The parcel was created through an approved subdivision;
The parcel is under one ownership and of record, and was legally created by a recorded
deed in accordance with County or Town subdivision regulations in effect at the time of its
creation and before the effective date of the zoning amendment that made the parcel
nonconforming;
The parcel was approved through a Variance in compliance with Chapter 18.82 (Variances
and Historic Variances) or resulted from a lot line adjustment as provided in Chapter 18.86
(Lot Line Adjustments);
4. A Certificate of Compliance was issued for the parcel; and/or
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Nonconforming Uses, Structures, and Parcels
18.130
The parcel was created in compliance with the provisions of this Development Code, but
was made nonconforming when a portion of the parcel was acquired by a governmental
entity so that the parcel size is decreased not more than 20 percent and the yard facing any
public right-of-way was decreased not more than 50 percent.
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Limitation on subsequent subdivision. Where structures have been erected on a nonconforming
parcel, the area where structures are located shall not be later divided so as to reduce the building
site area and/or frontage below the requirements of the applicable zoning district or other
applicable provisions of this Development Code, or in any way that makes the use of the parcel
more nonconforming.
18.130.080 - Conformity of Uses Requiring Use Permits
Uses allowed with Use Permit approval. Any use existing at the time of adoption of this
Development Code in a zoning district that allows the use subject to Use Permit approval, shall
be deemed a conforming use, but only to the extent that it previously existed (e.g., maintaining
the same site area boundaries, hours of operation, etc.).
Uses no longer allowed with Use Permit approval. Any use in existence by virtue of a Use
Permit issued in compliance with the regulations in effect at the time of application for any land
use activity which, under the new regulations is not allowable by Use Permit, may continue, but
only in compliance with the provisions and terms of the original Use Permit. If the Use Permit
specified a termination date, then the use shall terminate in compliance with the original permit.
18.130.090 - Extensions of Time for Discontinuance
Upon the filing of a request for extension by the applicant, the Director may extend the time limits
for the rights provided under the nonconforming status if the use is discontinued. The applicant
shall file a written request for an extension of time with the Director in advance of the expiration
date, together with the filing fee required by the Council's Fee Resolution.
In considering the extension, the Director shall determine whether the property owner has made
a good faith effort to re-establish the nonconforming use. If the Director determines that the
owner has proceeded in good faith and has excercised due diligence in seeking to m-establish the
nonconforming use, the Director may grant an extension of the period for discontinuance of a
nonconforming use for up to a total of 180 days.
18.130.100 - Unlawful Uses and Structures
Uses and structures that did not comply with the applicable provisions of this Development Code or
other planning and zoning regulations that applied to the use when it was established, am violations of
this Development Code and am subject to the provisions of Chapter 18.200 (Enforcement). No right
to continue occupancy of property containing an illegal use or structure is granted by this Chapter. The
activity shall not be lawfully allowed to continue unless/until all land use permits required by this
Development Code are first obtained.
September 2001
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Nonconforming Uses, Structures, and Parcels
18.130
18.130.110 - Nuisance Abatement
In the event that a legal nonconforming use or structure is found to constitute a public nuisance, nothing
in this Chapter shall be construed to permit the retention of the nonconformity. The Town Attorney
may, with the consent of the Council, commence an action or preceding for the abatement and removal
of the nonconformity.
September 2001
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Nonconforming Uses, Structures, and Parcels
18.130
September 2001
VI-18
TRUCKEE MUNICIPAL CODE - TITLE t $, DEVELOPMENT CODE
Appeals 18.140
CHAPTER 18.140 - APPEALS
Sections:
18.140.010 - Purpose of Chapter
18.140.020 - Allowable Appeals
18.140.030 - Filing and Processing of Appeals
18.140.010 - Purpose of Chapter
This Chapter provides procedures for appealing determinations and actions made by the Director,
Zoning Administrator, or Commission.
18.140.020 - Allowable Appeals
Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as
follows.
A. Director decisions. Any decision by the Director including zoning clearances, may be appealed
to the Commission.
B. Zoning Administrator or Commission decisions. Any decision by the Zoning Administrator
or Commission may be appealed to the Council.
Town Manager's appeal of Zoning Administrator or Commission decisions. Any decision
by the Zoning Administrator or Commission may be appealed to the Council by the Town
Manager.
D. Council review/appeal.
Any member of the Council within 10 calendar days from the date of the review authority's
action may request the opportunity to review/discuss any decision rendered by the Director,
Zoning Administrator, or Commission.
The Council may appeal any decision by the Director, Zoning Administrator, or
Commission at the next available Council meeting if a member of the Council has
requested the opportunity to review the decision within 10 calendar days from the date of
the review authority's action. A majority vote of the Council is required to initiate the
appeal.
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Statute of limitations. The decision of the Council shall be final on all matters unless an appeal
is filed with the Superior Court of the County of Nevada within 30 days after the decision of the
Council.
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Appeals 18.140
18.140.030 - Filing and Processing of Appeals
A. Timing and form of appeal.
1. Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town
application form, within I0 days from the date of the review authority's action except as
allowed by Section 18.140.020(D).
2. The appeal shall state the pertinent facts of the case and the basis for the appeal.
3. Appeals shall be accompanied by the filing fee set by the Council's Fee Resolution.
B. Scheduling of hearing and Director's report. When an appeal has been filed, the Director shall
schedule the matter for consideration by the appropriate appeal body identified in Section
18.140.020 (Allowable Appeals) and prepare a report on the matter. If the matter originally
required a noticed public hearing, the Town Clerk shall give notice in the same manner followed
for the original hearing, in compliance with Chapter 18.180 (Public Hearings).
C. Review by Director.
I. The Director shall determine if the appeal was filed within the applicable time limits and
shall summarily reject any appeal which was filed beyond the time limits. Further, the
Director shall determine if the appeal contains sufficient information as required by
Subsection A. (Timing and form of appeal), above.
2. If the Director determines that the information in the appeal is incomplete, the Director shall
immediately notify the appellant of the insufficiency and allow the appellant an additional
seven days in which to correct the deficiency.
3. If upon the expiration of any additional time, the Director determines that the statement on
appeal is still insufficient, the Director shall summarily reject the appeal.
D. Town Attorney's authority to summarily reject appeal. Upon presentation of the Notice of
Appeal, together with the required statement on appeal, the Town Attorney may summarily reject
the appeal if the Town Attorney finds that the matter being appealed is a requirement of law.
E. Action. At the hearing, the appeal body may consider any issue involving the matter being
appealed, in addition to the specific grounds for the appeal.
1. The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the
decision, or determination of the original review authority.
2. When reviewing an appeal, the appeal body may:
a. Deny the permit or entitlement, even though the appeal only requested relaxation or
elimination of one or more of the conditions imposed on the permit or entitlement: or
b. Impose additional conditions that may address other issues or concerns than the
original subject of the appeal.
September 2001
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18.140
The appellant and other interested parties shall not present new evidence and testimony at
the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body,
that new information:
a. Was not previously available to the party, or
b. The party could not have participated in the review process because they could not
have known about the review process.
If new or different evidence is presented on appeal, the Commission or Council, may, but
shall not be required to, refer the matter to the original review authority for further
consideration.
F. Refund of appeal fees. Appeal fees may be refunded in only the following situations:
Upon the conclusion of any appeal, where the Council upholds the appeal and overturns the
decision of the review authority, the Council may also authorize the return of all, or a
portion, of the appeal fees; or
Upon the conclusion of any appeal, where the Council denies the appeal but finds that the
appellant(s) raised issues of substantial merit, the Council may authorize the return of any
portion of the appeal fees deemed just.
September 2001
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Appeals
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.140
September 2001
VI-22
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development Agreements
18.150
CHAPTER 18.150 - DEVELOPMENT AGREEMENTS
Sections:
18.150.010
18.150.020
18.150.030
18.150.040
18.150.050
18.150.060
18.150.070
18.150.080
18.150.090
18.150.100
18.150.110
- Purpose of Chapter
- Application
- Public Hearings
- Findings and Decision
- Content of Development Agreement
- Execution and Recordation
- Environmental Review
- Periodic Review
- Amendments to an Approved Develop~nent Agreement
- Effect of Development Agreement
- Approved Development Agreements
18.150.010 - Purpose of Chapter
The purpose of this Chapter is to provide procedures and minimum requirements for the review
and consideration of development agreements upon application by, or on behalf of property
owners or other persons having a legal or equitable interest in the property subject to the
agreement.
It is intended that the provisions of this Chapter shall be fully consistent, and in full compliance,
with the provisions of State law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing
with Section 65864 of the Government Code), and shall be so construed.
In construing the provisions of any development agreement entered into in compliance with this
Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language
of this Chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement
itself. Should any apparent discrepancies between the meaning of these documents arise,
reference shall be made to the following documents and in the following order:
1. The plain terms of the development agreement itself;
2. The provisions of this Chapter; and
3. The provisions of State law (Article 2.5 of the Government Code, cited above).
D. A development agreement is a legislative act and not a land use permit or entitlement.
18.150.020 - Application
A. Initiated by owner. Any owner of real property may request and apply through the Director to
enter into a development agreement provided the following:
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Development Agreements
18.150
1. The status of the applicant as an owner of the property is established to the satisfaction of
the Director;
2. The application is made on forms approved, and contains all information required, by the
Director; and
3. The application is accompanied by all lawfully required documents, information and
materials.
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Director's review. The Director is authorized to receive, review, process, and prepare, together
with recommendations for Commission and Council consideration, all applications for
development agreements; and
Fees. Processing fees, as established by resolution of the Council, shall be collected for any
application for a development agreement made in compliance with this Chapter. Additionally,
appropriate fees shall be established and collected for periodic reviews conducted by the Director
in compliance with Section 18.150.080 (Periodic Review), below.
18.150.030 - Public Hearings
Commission's action. The Director, upon finding the application for a development agreement
complete, shall set the application, together with recommendations, for a public hearing before
the Commission in compliance with Chapter 18.180 (Public Hearings). Following conclusion of
a public hearing, the Commission shall make a written recommendation to the Council that it
approve, conditionally approve, or deny the agreement.
Council's action. The Town Clerk shall set the application and written report of the Commission
for a public hearing before the Council in compliance with Chapter 18.180 (Public Hearings).
Following conclusion of the public hearing, the Council shall approve, conditionally approve,
or deny the agreement.
Notice. Notice of the hearings, outlined in Subsections A. and B., above, shall be given in the
form of a notice of intention to consider approval .of a development agreement in compliance with
State law (Government Code Section 65867).
Preparation of agreement. Should the Council approve or conditionally approve the application,
it shall direct the preparation of a development agreement containing the terms and conditions of
the application as approved or conditionally approved, as well as an ordinance authorizing
execution of the development agreement by the Town Manager.
E. Findings. The ordinance shall contain the findings required by Section 18.150.040 (Findings and
Decision), and the facts supporting them.
F. Subject to referendum. The ordinance may be subjected to referendum in the manner provided
by State law.
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Development Agreements
18.150
18.150.040 - Findings and Decision
The Council may approve a Development Agreement, with or without conditions, only if all of the
following findings can be made:
A. The Development Agreement would be in the best interests of the Town and would promote the
public interest and welfare of the Town.
The approval of a Development Agreement for a project that is merely developed in
compliance with this Development Code would not be considered in the best interests of
the Town.
Examples of project elements and components that may be considered in the best interests
of the Town and promote the public interest and welfare including, but are not limited to,
the following:
An enhanced/expanded open space network that ties into existing neighboring open
space areas;
A well designed mixed-use project that further implements the goals, objectives, and
policies of the General Plan and/or Downtown Specific Plan;
The dedication of lands for public uses above and beyond those necessary for the
project; and
Off-site improvements in the public right-of-way that would generally be above and
beyond those required by the Town's standard requirements for a project of the scale
and intensity desired in the proposed project.
18.150.050 - Content of Development Agreement
A. Mandatory contents. A development agreement entered into in compliance with this Chapter
shall contain the following provisions:
1. Specify the duration of the agreement;
2. Specify the allowed uses for the subject property;
3. Specify the density/intensity of the allowed uses;
4. Clearly identify and refer to the approved documents and exhibits;
5. Specify the maximum height and size of the proposed structures;
6. Specify the minimum size and dimensions of the proposed parcels;
7. Describe the provisions, if any, for reservation or dedication of land for public purposes;
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development Agreements
18.150
8. Describe the provisions, if any, for the construction or financing of public improvements;
9. Negotiate a level of protection from either a future growth control ordinance or a future
increase in development fees, including impact fees;
10.
Provide for a tiered amendment review process that may incorporate the following:
a. Director sign-off for minor changes;
b. Commission sign-off for major modifications; and
c. Approval of major amendments by the Council.
11.
Provide for the possibility of subsequent discovery of health and safety issues (e.g., a
"compelling public necessity" [e.g., a new environmental health hazard is discovered]),
which would necessitate a reconsideration/amendment of the previously approved
development agreement; and
12.
Describe the provisions, if any, for any other matter(s) which is reasonably related to the
requested land use permit or entitlement and which the Council deems necessary or
convenient to implement the General Plan or to promote the public health, safety, or general
welfare.
B. Permissive contents. A development agreement entered into in compliance with this Chapter
may contain the following provisions:
Conditions, terms, restr/ctions, and requirements for subsequent discretionary actions,
provided that the conditions, terms, restrictions, and requirements shall not prevent
development of the land for the uses and to the density/intensity of development specified
in the agreement;
Provisions which require that construction shall be commenced within a specified time and
that the project, or any individual phase, be completed within a specified time;
3. Terms and conditions relating to applicant financing of necessary public improvements and
facilities, including applicant participation in benefit assessment proceedings; and
Any other terms, conditions, and requirements the Council may deem necessary and proper,
including requirement(s) for ensuring, to the satisfaction of the Town, performance of all
provisions of the agreement in a timely manner by the applicant/contracting party.
18.150.060 - Execution and Recordation
Effective date. The Town shall not execute any development agreement until on or after the date
upon which the ordinance approving the agreement, enacted in compliance with Section
18.150.050, above becomes effective;
B. Mutual consent required. A development agreement may be executed only upon the mutual
consent of each party to the agreement;
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Development Agreements
18.150
Town's authority under agreement. The provisions of this Chapter shall not be constmed to
prohibit the Director, Zoning Administrator, Commission, or Council from conditioning approval
of a discretionary land use permit or entitlement on the execution of a development agreement
where the condition is otherwise authorized by law; and
D. Recordation of agreement. A development agreement shall be recorded with the County
Recorder no later than 10 days after it is executed.
18.150.070 - Environmental Review
The approval or conditional approval of a development agreement in compliance with this Chapter shall
be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).
18.150.080 - Periodic Review
Review required -- every 12 months or less. Every development agreement, approved and
executed in compliance with this Chapter, shall be subject to periodic review, as specified in the
agreement, but in no case less than once every 12 months, by the Director duhng the full term of
the agreement. Appropriate fees to cover the Town's cost(s) to conduct the periodic reviews shall
be collected from the applicant/contracting party in compliance with Section 18.150.020.C
(Application);
Determine compliance. The purpose of the periodic review shall be to determine whether the
applicant/contracting party or the successor(s)-in-interest has complied in good faith with the
terms and/or conditions of the development agreement. The burden of proof shall be on the
applicant/contracting party or the successor(s) to demonstrate compliance, to the full satisfaction
of, and in a manner prescribed by, the Town; and
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Termination of agreement. If the Director finds and determines, on the basis of substantial
evidence, that the applicant/contracting party or the successor(s)-in-interest has not complied in
good faith with the terms or conditions of the agreement, the Director may recommend to the
Council that it order the agreement to be terminated or modified. This action of the Council shall
only take place during a noticed public hearing in compliance with Chapter 18.180 (Public
Hearings).
18.150.090 - Amendments to an Approved Development Agreement
A development agreement may be amended or canceled, in whole or in part, by mutual consent of all
parties to the agreement, or the successor(s)4n-interest, in compliance with State law (Government
Code Section 65868). The requested amendment or cancellation shall be processed in the same manner
specified by this Chapter for the adoption of a development agreement.
18.150.100 - Effect of Development Agreement
Rules at the time of execution. Unless otherwise provided by the development agreement, the
roles, regulations, and official policies governing allowed uses of the land, density, design,
improvement, and construction standards and specifications, applicable to development of the
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Development Agreements
18.150
property subject to a development agreement, are the rules, regulations, and official policies in
force at the time of execution of the agreement.
Subsequent Town actions. Unless specifically provided for in the development agreement, the
agreement does not prevent the Town, in subsequent actions applicable to the property, from
applying new rules, regulations, and policies which do not conflict with those rules, regulations,
and policies applicable to the property under the development agreement, nor does a development
agreement prevent the Town from conditionally approving or denying any subsequent
development project application on the basis of existing or new rules, regulations, and policies.
18.150.110 - Approved Development Agreements
Development agreements approved by the Council shall be on file with the Town Clerk.
September 2001
VI-28
Amendments
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.160
CHAPTER 18.160 - GENERAL PLAN, ZONING MAP, AND
DEVELOPMENT CODE AMENDMENTS
Sections:
18. 160.010 - Purpose of Chapter
18. 160.020 - Initiation of Amendments
18. 160.030 - Notice and Hearing
18.160.040 - Commission' s Action on Amendments
18.160.050 - Council's Action on Amendments
18.160.060 - Findings for Amendments
18.160.070 - Conditional Rezonings
18.160.010 - Purpose of Chapter
A. This Chapter provides procedures for the amendment of the General Plan, Zoning Map, and this
Development Code, whenever required by public necessity and general welfare.
B. The General Plan amendments may include revisions to actions, goals, land use designations,
policies, or text.
C. Zoning Map amendments have the effect of mzoning property from one zoning district to another.
D. Amendments to this Development Code may modify any procedures, provisions, requirements,
or standards applicable to the development and/or use of property within the Town.
E. Review and approval of each of the amendments identified above is a legislative act and not a land
use permit or entitlement.
18.160.020 - Initiation of Amendments
Amendments to the General Plan, Zoning Map, or this Development Code may be initiated by:
A. Private parties. Private parties through the filing of an application including all materials and
information required by the Director, and the applicable filing fee; or
B. Council. The Council.
18.160.030 - Notice and Hearing
After receipt of a complete application for amendment, the Director shall review the proposal, schedule
public hearings before the Commission and Council, and prepare a staff report evaluating and providing
reconunendations on the proposal. Notice of the hearings shall be given in compliance with Section
18.180.020 (Notice of Hearing).
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE
Amendments 18.160
18.160.040 - Commission's Action on Amendments
The Commission shall make a written recommendation to the Council whether to approve, approve in
modified form, or deny the proposed amendment, based upon the findings contained in Section
18. ! 60.060 (Findings for Amendments).
18.160.050 - Council's Action on Amendments
Council's action. Upon receipt of the Commission's recommendation, the Council shall approve,
approve in modified form, or deny the proposed amendment based upon the findings contained
in Section 18.160.060 (Findings for Amendments).
B. Referral to Commission.
If the Council proposes to adopt any substantial modification to the amendment not
previously considered by the Commission during its hearings, the proposed modification
may be first referred back to the Commission for its recommendation, in compliance with
State law (Government Code Sections 65356 [General Plan Amendments] and 65857
[Zoning Map/Development Code Amendments]).
Failure of the Commission to report back to the Council within 45 days (General Plan
Amendments) or 40 days (Zoning Map/Development Code Amendments) after the referral,
or within a longer time set by the Council, shall be deemed a recommendation for approval
of the modification.
18.160.060 - Findings for Amendments
An amendment to the General Plan, the Zoning Map, or this Development Code may be approved only
if all of the following findings are made, as applicable to the type of amendment.
A. Findings for all amendments:
The proposed amendment ensures and maintains internal consistency with all of the goals,
policies, and actions of all elements of the General Plan and any applicable specific plan;
and
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the Town.
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Additional finding for Zoning Map amendments. There is adequate capacity available in the
community sewer and water systems to serve the potential development, and the site is physically
suitable for the requested zoning designation(s) and anticipated land use development(s). Factors
considered to evaluate suitability shall include access, provision of utilities, compatibility with
adjoining land uses, and absence of physical constraints.
C. Additional finding for Development Code amendments. The proposed amendment ensures
and maintains internal consistency with other applicable provisions of this Development Code.
September 2001
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TRUCKEE MUNICIPAL CODE - TITLE 1 $, DEVELOPMENT CODE
Amendments 18.160
18.160.070 - Conditional Rezonings
The Commission may recommend and the Council may impose reasonable conditions on the approval
of any Zoning Map amendment for the purposes of ensuring consistency of the proposed zoning with
the General Plan, mitigating environmental impacts, minimizing functional conflicts with surrounding
land uses, or any other purpose that is determined by the Council to protect the public health, safety,
or general welfare.
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Type of conditions. Conditions imposed on a Zoning Map amendment in compliance with this
Section may include, but are not limited to, dedication of additional road rights-of-way and
requirements for participation in the cost of public improvements, deemed necessary and
reasonably related to the land uses that would be allowed by the proposed zoning, and limitations
on the type and nature of land uses allowed in the new zoning district.
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Timing of compliance with conditions. When a Zoning Map amendment with conditions is
adopted by the Council, the ordinance shall specify when the conditions shall be satisfied relative
to the approval by the Town of any subdivision of the property, any land use or construction
permits, or actual development.
September 2001
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Amendments
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.160
September 2001
VI-32
Specific Plans
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.170
CHAPTER 18.170 - SPECIFIC PLANS
Sections:
18.170.010 - Purpose of Chapter
18.170.020 - Specific Plan Preparation and Content
18.170.030 - Filing and Processing
18.170.040 - Adoption of Specific Plan
18.170.050 - Implementation, Amendments
18.170.010 - Purpose of Chapter
A. The purpose of this Chapter is to provide for a Specific Plan when required by the General Plan
or this Development Code to systematically implement the General Plan for any part of the Town.
B. A Specific Plan is a legislative act and not a land use permit or entitlement.
C. Specific Plans shall be prepared, processed, approved, (or denied) and implemented in compliance
with this Chapter.
18.170.020 - Specific Plan Preparation and Content
An applicant shall prepare a draft Specific Plan for review by the Town that includes the following
detailed information in the form of text and diagram(s), organized in compliance with an outline
furnished by the Director and State law (Government Code Section 65451). The Council may also
initiate the preparation of a Specific Plan.
A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area
covered by the Specific Plan, including open space areas;
Infrastructure. The proposed distribution, location, extent, and intensity of major components
of public and private circulation/transportation, drainage, energy, sewage, solid waste disposal,
water, and other essential facilities proposed to be located within the Specific Plan area and
needed to support the proposed land uses;
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Land use and development standards. Standards, criteria, and design guidelines by which
development will proceed, and standards for the conservation, development, and utilization of
natural resources, where applicable;
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Implementation measures. A program of implementation measures, including regulations,
programs, public works projects, and financing measures necessary to carry out the proposed land
uses, infrastructure, and development and conservation standards and criteria;
E. Relationship to General Plan. A discussion of the relationship of the Specific Plan to the
General Plan; and
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Specific Plans 18.170
Additional information. The Specific Plan shall contain any additional information deemed
necessary by the Director because of the characteristics of the area to be covered by the plan,
applicable policies of the General Plan, or any other issue(s) determined by the Director to be
significant.
18.170.030 - Filing and Processing
A draft Specific Plan shall be filed with the Director, and shall be accompanied by the fee required by
the Council's Fee Resolution. The draft plan shall be processed in the same manner as required for
General Plans by State law (Government Code Sections 65350 et seq.), and as follows:
Director evaluation. After the filing of a draft Specific Plan, the Director shall review the draft
plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not
in compliance, it shall be returned to the applicant with a written specification(s) as to why it does
not comply, and with suggested revisions to ensure compliance;
Public participation. The Director may recommend and the Council may approve a process to
obtain maximum public participation early in the review process of the Specific Plan. The
process would be designed to obtain public input before the completion of the environmental
review document and the scheduling of formal public hearings on the plan.
C. Environmental review. The draft Specific Plan shall be subject to environmental review in
compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment);
Staff report. A staff report shall be prepared for the draft Specific Plan which shall include
detailed recommendations for changes to the text and diagrams of the Specific Plan, as necessary,
to make it acceptable for adoption; and
E. Public hearings. A proposed Specific Plan shall be subject to public hearings before both the
Commission and Council prior to its adoption, as follows:
Commission hearing. The Director shall schedule a public hearing on the proposed
Specific Plan. The hearing shall receive public notice and be conducted in compliance with
Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a
written recommendation, with appropriate findings to the Council, in compliance with
Section 18.170.040 (Adoption of Specific Plan); and
2. Council's action.
A public hearing on the Specific Plan shall be scheduled before the Council. The
hearing shall be noticed and conducted in compliance with Chapter 18.180 (Public
Hearings).
After the hearing, the Council may adopt the Specific Plan, may deny the plan, or may
adopt the plan with modifications, with appropriate findings in compliance with
Section 18.170.040 (Adoption of Specific Plan).
3. Referral to Commission. If the Council proposes to adopt any substantial modifications
to the plan not previously considered by the Commission during its hearing, the proposed
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modification shall be first referred to the Commission for its recommendation, in
compliance with State law (Government Code Section 65356). Failure of the Commission
to report back to the Council within 45 days after the referral, or within a longer time period
set by the Council, shall be deemed a recommendation for approval of the modifications.
18.170.040 - Adoption of Specific Plan
Finding. The adoption of a proposed Specific Plan is entirely at the discretion of the Council.
The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with
the General Plan, and other adopted goals and policies of the Town.
B. Adoption. The Specific Plan shall be adopted by ordinance, and/or by resolution of the Council,
in compliance with State law (Government Code Section 65453).
18.170.050 - Implementation, Amendments
A. Development within Specific Plan area.
After the adoption of a Specific Plan, a land use permit, public works project, a tentative
map or parcel map, for which a tentative map was not required, and an amendment to this
Development Code may be approved/adopted within an area covered by a Specific Plan
only if it is first found consistent with the Specific Plan, in compliance with State law
(Government Code Section 65455).
The Council may impose a Specific Plan Fee surcharge on development permits within the
Specific Plan area, in compliance with State law (Government Code Section 65456).
B. Amendments. An adopted Specific Plan shall be amended through the same procedure specified
by this Chapter for the adoption of a Specific Plan.
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September 2001
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Master Plans
TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE
18.174
CHAPTER 18.174 - MASTER PLANS
Sections:
18.174.010 -
18.174.020-
18.174.030-
18.174.040-
18.174.050-
18.174.060-
18.174.070-
Purpose of Chapter
Master Plan Preparation and Content
Filing and Processing
Adoption of Master Plan
Land Uses and Densities
Findings and Decision
Amendments
18.174.010 - Purpose of Chapter
The purpose of this Chapter is to provide for a Master Plan when required by the Downtown
Specific Plan or this Development Code to systematically implement the Specific Plan for any
part of the Downtown Study Area.
B. A Master Plan is a legislative act and not a land use permit or entitlement.
C. Master Plans shall be prepared, processed, approved or denied, and implemented in compliance
with this Chapter.
18.174.020 - Master Plan Preparation and Content
An applicant shall prepare a draft Master Plan for review by the Town that includes the following
detailed information in the form of text and diagram(s), organized in compliance with an outline
furnished by the Director. The Council may also initiate the preparation of a Master Plan.
A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area
covered by the Master Plan, including open spaces areas.
Infrastructure. The proposed distribution, location, extent, and intensity of major components
of public and private circulation/transportation, drainage, energy, sewage, solid waste disposal,
water, and other essential features proposed to be located within the Master Plan area and needed
to support the proposed land uses.
Land use and development standards. Standards, criteria, and design guidelines by which
development will proceed, and standards for the conservation, development, and utilization of
natural resources, where applicable.
Implementation measures. A program of implementation measures, including regulations,
programs, public works projects, and f'mancing measures necessary to carry out the proposed land
uses, infrastructure, and development and conservation standards and criteria.
E. Relationship to Specific Plan. A discussion of the relationship of the Master Plan to the
Downtown Specific Plan.
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Master Plans 18.174
F. Phasing. A discussion on the phases of the development, if any.
Additional information. The Master Plan shall contain any additional information deemed
necessary by the Director because of the characteristics of the area to be covered by the plan,
applicable policies of the Downtown Specific Plan and General Plan, or any other issues(s)
determined by the Director to be significant.
18.174.030 - Filing and Processing
A draft Master Plan shall be filed with the Director, and shall be accompanied by the fee required by
the Council's Fee Resolution. The draft plan shall be processed in the same manner as required for
General Plans by State law (Government Code Section 65350 et seq.), and as follows:
Director evaluation. After the filing of a draft Master Plan, the Director shall review the draft
plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not
in compliance, it shall be returned to the applicant with a written specification(s) as to why it does
not comply, and with suggested revisions to ensure compliance.
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Public participation. The Director may recommend and the Council approve a process to obtain
maximum public participation early in the review process of the master plan. Such a process
would be designed to obtain public input prior to completion of the environmental review
document and the scheduling of formal public hearings on the plan.
C. Environmental review. The draft Master Plan shall be subject to environmental review in
compliance with 18.70.060 (Initial Application Review/Environmental Assessment).
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Staff report. A staff report shall be prepared for the draft Master Plan which shall include
detailed recommendations for changes to the text and diagrams of the Master Plan, as necessary,
to make it acceptable for adoption.
E. Public hearings. A proposed Master Plan shall be subject to public hearings before both the
Commission and Council before its adoption, as follows:
Commission hearing. The Director shall schedule a public heating on the proposed Master
Plan. The heating shall receive public notice and be conducted in compliance with Chapter
18.180 (Public Hearings). After the hearing, the Commission shall forward a written
recommendation, with appropriate findings to the Council, in compliance with Section
18.174.040 (Adoption of Master Plan).
2. Council's action.
A public hearing on the Master Plan shall be scheduled before the Council. The
hearing shall be noticed and conducted in compliance with the Chapter 18.180 (Public
Hearings).
After the hearing, the Council may adopt the Master Plan, may deny the plan, or may
adopt the plan with changes, with appropriate findings in compliance with Sections
18.174.040 (Adoption of Master Plan) and 18.174.060 (Findings and Decision).
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Referral to Commission. If the Council proposes to adopt any substantial modifications
to the plan not previously considered by the Commission during its hearing, the proposed
modification shall be first referred to the Commission for its recommendation. Failure of
the Commission to report back to the Council within 45 days after the referral, or within a
longer time period set by the Council, shall be deemed a recommendation for approval of
the modifications.
18.174.040 - Adoption of Master Plan
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Finding. The adoption of a proposed Master Plan is entirely at the discretion of the Council. The
Council shall adopt a Master Plan only if it finds that the proposed plan is consistent with the
General Plan, Downtown Specific Plan, and other adopted goals and policies of the Town.
B. Adoption. The Master Plan shall be adopted by ordinance, or by resolution of the Council.
18.174.050 - Land Uses and Densities
The relevant sections of Chapter 2 (Land Use) of Volume 2 of the Downtown Specific Plan shall be
used as a general guideline for land uses and development densities. Land uses and densities may be
modified by the Master Plan if such modifications are consistent with the overall intent of the Master
Plan development policies and concepts in the Downtown Specific Plan and are found by the Council
to be environmentally acceptable and appropriate for the Town as a whole.
18.174.060 - Findings and Decision
Following a public hearing, the Council shall record the decision in writing with the findings upon
which the decision is based. The Council may approve a Master Plan, with or without modifications,
only if all of the following findings can be made or if the Council finds that one or more of the findings
is not applicable or that a practical solution consistent with the public interest has been achieved:
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The uses, activities, and densities of the Master Plan shall be compatible and sensitive to the
immediate environment, neighborhood, and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual integrity, and orientation.
The uses, activities, and densities of the Master Plan shall provide a compatible, efficient, and
workable relationship with surrounding uses and activity.
Appropriate parking and loading shall be established for all uses.
The Master Plan is consistent with this Development Code, the General Plan, and the Downtown
Specific Plan.
Natural and/or geologic hazards that affect the property shall be identified and mitigated.
Site plan, building design and location, and open space provisions shall be designed to produce
a functional development responsive and sensitive to natural features, vegetation, and overall
aesthetic quality of the community.
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Master Plans 18.174
G. The circulation system shall be designed to address on and off-site traffic circulation for both
vehicles and pedestrians.
H. Functional and aesthetic landscaping and open space shall be incorporated into the Master Plan
to optimize and preserve natural features, recreation, views and function.
I. The phasing and subdivision plan shall provide a workable, functional, and efficient relationship
throughout the development of the Master Plan.
18.174.070 - Amendments
A. Definition. Major and minor amendments shall be defined by the applicable Master Plan.
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Minor amendments. Minor modifications consistent with the findings in Section 18.174.060
(Findings and Decision) may be approved by the Director. All minor modifications shall be
indicated on a revised development plan, and approved changes shall be noted, signed, dated, and
filed by the Director. Notification of a proposed minor amendment and the Director's action on
the amendment shall be provided to all property owners within or adjacent to the Master Plan area
that may be affected by the amendment as determined by the Director. The notification shall
include a statement describing the amendment and the action of the Director.
Major amendments. Requests for major amendments to a Master Plan shall be reviewed and
approved by the Council. A proposed major amendment shall be subject to public hearings before
both the Commission and Council before its approval, as follows:
Commission hearing. The Director shall schedule a public hearing on the proposed major
amendment. The hearing shall receive public notice and be conducted in compliance with
Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a
written recommendation, with appropriate findings to the Council.
2. Council's action.
A public hearing on the major amendment shall be scheduled before the Council. The
hearing shall be noticed and conducted in compliance with the Chapter 18.180 (Public
Hearings).
After the hearing, the Council may approve the amendment, may deny the amendment,
or may approve the amendment with changes, with appropriate findings in compliance
with Section 18.174.060 (Findings and Decision).
September 2001
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Public Heatings
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.180
CHAPTER 18.180 - PUBLIC HEARINGS
Sections:
18.180.010
18.180.020
18.180.030
18.180.040
18.180.050
18.180.060
18.180.070
Purpose of Chapter
Notice of Hearing
Notice of Decision - Zoning Administrator
Notice of Decision - Commission
Effective Date of Decision
Recommendation by Commission
Notice of Decision - Council
18.180.010 - Purpose of Chapter
This Chapter provides procedures for public hearings before the Zoning Administrator, Commission,
and Council. When a public heating is required by this Development Code, public notice shall be given
and the hearing shall be conducted as provided by this Chapter.
18.180.020 - Notice of Hearing
When a land use permit, entitlement or other matter requires a public hearing, the public shall be
provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090 et
seq., and 66451.3 and Public Resources Code 21000 et seq.).
A. Contents of notice. Notice of a public heating shall include;
1. The date, time, and place of the heating and the name of the heating body;
2. A general explanation of the matter to be considered; and a general description, in text or
by diagram, of the location of the real property that is the subject of the heating; and
If a proposed Negative Declaration or final Environmental Impact Report has been prepared
for the project in compliance with the Town's CEQA Guidelines, the hearing notice shall
include a statement that the heating body will also consider approval of the proposed
Negative Declaration or certification of the final Environmental Impact Report (EIR) and
the notice shall be published, posted, mailed, and/or delivered at least the minimum number
of days required by the California Environmental Quality Act.
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Method of notice distribution. Notice of a public hearing required for a land use permit,
entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required
by State law (Government Code Sections 65090 and 65091) and in compliance with Subsection
A. (Contents of Notice), above:
Notice shall be published at least once in a local newspaper of general circulation within
the Town at least 10 days before the heating;
2. Notice shall be mailed or delivered at least 10 days before the heating to:
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Public Hearings
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.180
a. The owners of the property being considered or the owner's agent, and the applicant;
Each local agency expected to provide water, schools, or other essential facilities or
services to the project, whose ability to provide the facilities and services may be
significantly affected;
c. All owners of real property as shown on the County's latest equalized assessment roll
within 300 feet of the property which is the subject of the hearing; and
d. Any person who has filed a written request for notice with the Director and has paid
the fee set by the most current Council's Fee Resolution for the notice.
If the number of property owners to whom notice would be mailed is more than 1,000, the
Director may choose to provide the alternate notice allowed by State law (Government
Code Section 65091(a)(3)).
In addition to the types of notice required by Subsection B., above, the Director may
provide any additional notice with content or using a distribution method as the Director
determines is necessary or desirable.
18.180.030 - Notice of Decision - Zoning Administrator
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Zoning Administrator options. The Zoning Administrator may announce and record the
decision at the conclusion of a scheduled hearing, refer the matter to the Commission for
determination, or defer action and continue the consideration of the matter to a date certain, and
announce and record the decision at that date.
Findings. The decision shall contain applicable findings, any conditions of approval and
reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the
public health, safety, and welfare of the Town.
C. Notice of decision. Following the heating, a notice of the decision and any conditions of approval
shall be mailed to the applicant at the address shown on the application.
18.180.040 - Notice of Decision - Commission
The Commission may announce and record the decision at the conclusion of a scheduled hearing or
defer action and take specified items under advisement and announce and record the decision at a later
date. The decision shall contain applicable findings of the Commission, any conditions of approval and
reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public
health, safety, and welfare of the Town. Following the hearing, a notice of the decision and any
conditions of approval shall be mailed to the applicant at the address shown on the application.
18.180.050 - Effective Date of Decision
A decision by the Director, Zoning Administrator, or Commission is final, and shall become effective
on the 1 lth day after the decision, unless appealed in compliance with Chapter 18.140 (Appeals).
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Public Hearings 18.180
18.180.060 - Recommendation by Commission
At the conclusion of any public hearing on a proposed amendment to the General Plan, the Official
Zoning Map, this Development Code, or a Specific Plan, the Commission shall forward a
recommendation, including all required findings, to the Council for final action. Following the hearing,
a notice of the Commission's recommendation shall be mailed to the applicant at the address shown on
the application.
18.180.070 - Notice of Decision - Council
For applications requiring Council approval, the Council shall announce and record its decision at the
conclusion of the public heating. The decision shall contain the findings of the Council, any conditions
of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and
protect the public health, safety, and welfare of the Town. Following the hearing, a notice of the
decision shall be mailed to the applicant at the address shown on the application. A decision by the
Council is final and shall become effective the next business day after the Council's decision.
September 2001
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18.180
September 2001
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TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE
Revocations and Modifications
18.190
CHAPTER 18.190 - REVOCATIONS AND MODIFICATIONS
Sections:
18.190.010 - Purpose of Chapter
18.190.020 - Hearings and Notice
18.190.030 - Review Authority Action
18.190.010 - Purpose of Chapter
This Chapter provides procedures for securing revocation or modification of previously approved land
use permits or entitlements.
18.190.020 - Hearings and Notice
Hearing required. The appropriate review authority shall hold a public hearing in order to
revoke or modify any land use permit or entitlement granted in compliance with the provisions
of this Development Code.
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Mailing of notice. Twelve days before the public hearing (except for Temporary Use Permits),
notice shall be mailed to the applicant and/or owner of the property for which the permit was
granted.
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Deemed delivered. Notice shall be deemed delivered two days after being mailed, certified mail
postage paid, to the owner as shown on the equalized assessment roll of the County and/or to the
project applicant, who is not the owner of the subject property.
18.190.030 - Review Authority Action
Permit revocation/modification. A land use permit or entitlement inay be revoked or modified
by the review authority (e.g., Zoning Administrator, Commission, or Council) that originally
approved the permit, if any one of the following findings can be made:
Circumstances under which the permit or entitlement was granted have been changed by
the applicant to a degree that one or more of the findings contained in the original permit
can no longer be made in a positive manner and the public health, safety, and welfare
require the revocation or modification;
The permit or entitlement was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement in the application, or in the
applicant's testimony presented during the public hearing, for the permit or entitlement;
3. The use or improvement authorized in compliance with the permit has not been exercised
or commenced in a timely manner and a time extension is not warranted;
4. One or more of the conditions of the permit have not been met or have been violated;
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Revocations and Modifications
18.190
5. The use or improvement authorized in compliance with the permit is in violation of any
code, law, ordinance, regulation, or statute;
6. The use or improvement authorized by the permit has become detrimental to the public
health, safety, or welfare or the manner of their operation constitutes a nuisance; or
7. The use and/or on-site structure(s) are nonconforming and:
a. Have been discontinued for a period of 180 days or more; or
b. Have been destroyed or damaged, and the use and/or structure(s) cannot be repaired,
rebuilt, or replaced in compliance with Chapter 18.130 (Nonconforming Uses,
Structures, and Parcels).
B. Variance revocation/modification. A Variance may be revoked or modified by the review
authority which originally approved the Variance, if any one of the following findings can be
made, in addition to any one of the findings outlined in Subsection A., above:
1. Circumstances have been changed by the applicant to a degree that one or more of the
findings contained in the original approval can no longer be made in a positive manner, and
the grantee has not substantially exercised the rights granted by the Variance; or
2. One or more of the conditions of the Variance have not been met, or have been violated,
and the grantee has not substantially exercised the rights granted by the Variance.
September 2001
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Enforcement
TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
18.200
CHAPTER 18.200 - ENFORCEMENT
Sections:
18.200.010
18.200.020
18.200.030
18.200.040
18.200.050
18.200.060
18.200.070
18.200.080
- Purpose of Chapter
- Authority to Issue Citations
- Remedies are Cumulative
- Inspection
- Initial Enforcement Action
- Violations
- Legal Remedies
- Recovery of Costs
18.200.010 - Purpose of Chapter
The purpose of this Chapter is to provide for compliance with the requirements of this Development
Code, other titles of the Municipal Code, and any conditions of an approved land use permit or
entitlement.
18.200.020 - Authority to Issue Citations
Code Enforcement Director. The Town Code Enforcement Director shall be the person
primarily responsible for enforcing the provisions of this Development Code and shall have the
authority and immunity of a public officer and employee to issue citations whenever possessing
reasonable cause to believe that the person to be cited has committed a violation of this
Development Code, which constitutes an infraction or misdemeanor. The responsibilities of the
Code Enforcement Director may also be carried out by the Code Enforcement Officer or the
Department staff under the supervision of the Code Enforcement Director who shall also have the
authority and immunity of a public officer and employee to issue citations whenever processing
reasonable cause to believe that the person to be cited has committed a violation of this
Development Code, which constitutes an infraction or misdemeanor.
Consultation with Police Chief. It may be necessary for the Code Enforcement Director to work
with the Police Chief when enforcing the provisions of this Development Code, when the specific
situation warrants uniformed police involvement.
18.200.030 - Remedies are Cumulative
All remedies contained in this Development Code for the handling of violations or enforcement of the
provisions of this Development Code shall be cumulative and not exclusive of any other applicable
provisions of Town, County, State, or Federal law. If a person is found guilty and convicted of an
infraction or misdemeanor for the violation of any provision of this Development Code, the conviction
shall not prevent the Town from pursuing other available remedy(s) to correct the violation.
September 2001
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Enforcement 18.200
18.200.040 - Inspection
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Access for initial inspection. Every applicant seeking an application, permit, or any other action
in compliance with this Development Code shall allow Town officials access to any promises or
property which is the subject of the application.
Access for ongoing inspections. If the permit or other action is approved, the owner or applicant
shall allow appropriate Town officials access to the premises to determine continued compliance
with the approved permit and/or any conditions of approval.
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Failure to allow inspections. Failure to allow inspections for compliance shall automatically
cause all permits and approvals to be suspended, pending a hearing before the Code Enforcement
Director to void the permits and approvals.
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Compliance. In addition, the Code Enforcement Director may withhold the processing of and/or
issuance of any and all discreticnary land use permits, where a documented Code violation(s)
exists, until the subject property is found to be in complete compliance with any and all applicable
Code sections.
18.200.050 - Initial Enforcement Action
This Section describes the procedures for initiating enforcement action in cases where the Code
Enforcement Director has determined l:hat real property within the Town is being used, maintained, or
allowed to exist in violation of the provisions of this Development Code. It is the objective of these
provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of
violations, so that the other enforcement measures provided by this Section may be avoided.
A. The authority to abate and impose sanctions.
1. Enforcement of this Section may be accomplished by the Code Enforcement Director in any
manner authorized by law.
The procedures identified in this Chapter shall not be exclusive and shall not, in any
manner, limit or restrict the Town from enforcing other ordinances or abating public
nuisances in any other manner provided by law.
Whenever the Code Enforcement Director determines that any condition exists in violation
of this Development Code, the Code Enforcement Director may take appropriate
enforcement action in compliance with this Chapter.
4. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies
may be employed as determined to be necessary and provided by law.
Notice to responsible parties. Whenever the Code Enforcement Director has inspected the
location of the alleged violation and it has been found or determined that conditions constituting
a Code violation exist on any prcperty located in the Town, the Code Enforcement Director may
prepare a notice and order and cause the owner of the property and the person, if other than the
landowner occupying or otherwise in charge or control of the property, to be notified in writing
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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Enforcement 18.200
of the existence of the condition and/or require an appearance before the Code Enforcement
Director at a stated time and place to show why the condition should not be abated by the Town
at the person's expense. The notice and order to abate the determined public nuisance or other
Code violation shall contain the following information:
1. The street address and Assessor's Parcel Number for identification of the property on which
the condition exists;
A statement that the Code Enforcement Director has determined that a public nuisance/
Code violation is being maintained on the property with a brief description of the conditions
which render the property a public nuisance, or which constitute a Code violation;
An order to secure all appropriate permits and to physically commence, within a certain
time from the date of service of the notice and order, and to complete within that reasonable
and established time and date, the abatement of the described conditions;
4. A statement advising that the disposal of any material associated with any Code violation
shall be conducted in a legal manner;
A statement advising that if the required work is not commenced within the time specified,
the Code Enforcement Director may proceed to cause the work to be done, and may bill the
persons named in the notice for the abatement costs and/or assess the costs against the
property;
A statement that the Town may charge the property owner for all administrative costs
associated with the abatement of the violation(s) in compliance with Section 18.200.080
(Recovery of Costs), and/or initiate legal action as described in Section 18.200.070 (Legal
Remedies), below;
A statement advising that any person having any interest or record title in the property may
request an administrative hearing of the notice and order or any action of tbe enforcement
within 10 days from the date of service of the notice and order;
8. A statement advising that the notice and order may be recorded against the property in the
Office of the County Recorder;
A statement that the property owner may request and be provided a meeting with the Code
Enforcement Director to discuss possible methods and time limits for the correction of the
violations;
i0. A statement that the Code Enforcement Director's determination is appealable to the Town
Council in compliance with this Chapter; and
11.
Informal notice may precede the formal notice described above. Often, the Code violation
can be resolved as a result of this informal notice, which saves time, money, and resources
for all persons involved.
September 21101
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Enforcement
TRUCKEE MUNICIPAL CODE - TITLE 1.8, DEVELOPMENT CODE
18.200
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Manner of notice.
1. If a notice and order is prepared, the notice and order, and any amended notice and order,
shall be mailed by first class mail, postage prepaid, at the address of the violation as it
appears on the latest equalized assessment roll of the County, or as known to the Code
Enforcement Director. The address of owners shown on the assessment roll shall be
conclusively deemed to be the property address for the purpose of mailing the notice.
2. The failure of the Code Enforcement Director to make or attempt service on any person
required in this Section to be served shall not invalidate any proceedings in compliance
with this Chapter, as to any other person(s) duly served. Service by mail, in compliance
with this Chapter, shall be effective on the date said mail is received or refused by the
addressee as evidenced by the mail carrier's certified return receipt. The failure of any
person entitled to receive notice shall not affect the validity of any proceedings taken under
this Section. Proof of service of the notice and order shall be documented at the time of
service by a declaration under penalty of perjury executed by the person effecting service,
declaring the time and manner in which service was made.
3. At the time the notice and order is served or any time thereafter, the Code Enforcement
Director may file in the Office of the County Recorder a certificate legally describing the
property and certifying that a Code violation exists on the property and that the owner has
been so notified. The Enforcement Director may then file a new certificate with the County
Recorder, which indicates that the nuisance has been abated, whenever the following
actions occur:
a. Corrections ordered have been completed so that a code violation or public nuisance
no longer exists on the subject property as described in the original certificate;
b. The notice and order is rescinded upon appeal; or
c. Whenever the Town abates the nuisance and the abatement costs have been paid.
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Hearing.
1. The Code Enforcement Director may set a date, time, and place to hear any relevant
evidence concerning the existence of the alleged code violation or public nuisance and the
question of whether the expense of abating the code violation or public nuisance, if
determined to exist, should be made a lien on the property.
2. In the event any person given notice of hearing, as shown by the evidence of mailing,
should fail to appear at the hearing, then the evidence available to the Code Enforcement
Director shall be sufficient evidence of the existence of facts in support of the conclusion.
3. If, at the conclusion of the hearing, the Code Enforcement Director is satisfied that the
condition exists and concludes that it should be abated at the expense of the landowner, the
Code Enforcement Director shall advise the landowner in writing in the same manner as
provided in Subsection C, above.
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Enforcement 18.200
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4. The notice shall inform the landowner of the right of appeal as provided in Subsection F,
below.
Request for reconsideration. Any person aggrieved by the action of the Code Enforcement
Director in issuing a notice and order in compliance with this Section may appeal in compliance
with Subsection F, below. If no appeal is filed within the time prescribed, the action of the Code
Enforcement Director shall be final.
F. Appeals. Appeals shall be made in compliance with the following provisions:
Any person entitled who is dissatisfied with a public nuisance or code violation
determination of the Code Enforcement Director shall have the fight to appeal to the Town
Council within l0 days from the date of mailing of the decision of the Code Enforcement
Director. The written appeal shall be filed with the Department, together with a filing fee
in compliance with the Council's Fee Resolution.
2. The notice of appeal shall specify the following:
a. The Assessor's Parcel Number and street address of the property;
b. The determination being appealed;
c. The owner's or appealing party's legal interest in the property;
d. A statement of disputed and undisputed facts;
A statement specifying that portion of the decision or heating proceedings that are
being appealed together with any evidentiary and supporting materials that would
support the appeal; and
f. A signed verification of the troth of all stated matters.
3. Appeals shall be processed in the following manner:
Upon the timely filing of a notice of appeal in the proper form, the Code Enforcement
Director shall schedule the appeal hearing to be held not less than 30 days after the
appeal is received;
The Code Enforcement Director shall provide written notice of the appeal, including
the time, place, and date of the hearing on the appeal, to the appellant and any other
person to whom notice of the Code Enforcement Director's order was sent, in
compliance with this Chapter. The notice shall be sent in the same manner as the Code
Enforcement Director's notice and order;
The Council may limit the issues on appeal to those identified in the appeltant's notice
of appeal, may consider the record produced before the Code Enforcement Director,
and may allow additional evidence to be produced;
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At the close of the hearing on an appeal, the Council may reverse or modify the
decision of the Code Enforcement Director and/or remand the matter to the Code
Enforcement Director for further proceedings, in compliance with directions of the
Council. If the Council does not take any action reversing, modifying, and/or
remanding of the decision of the Code Enforcement Director within 45 days after the
filing of the appeal, the Code Enforcement Director's action on the matter shall be
final and conclusive; and
Notice of the Council's determination shall be in substantially the same form as that
sent by the Code Enforcement Director and shall be sent to all persons to whom notice
of the Code Enforcement Director's order was sent as well as to all persons requesting
the notice, in writing, at the time the appeal is heard.
G. General penalty and continuing violations. Any person who:
Violates or fails to comply with any provision or mandatory requirement of this Section,
may be found guilty of a misdemeanor unless charged as an infraction by the Code
Enforcement Director, Town Attorney, or District Attorney.
Is found guilty of a misdemeanor or infraction, may be found guilty of a separate offense
for each and every day during any portion of which any violation of any provision of this
Development Code is committed, continued, or allowed by the person and shall be
punished accordingly;
Removes any notice or order posted as required in this Section, for the purpose of
interfering with the enforcement of the provisions of this Section, may be found guilty of
a misdemeanor unless charged as an infraction by the Code Enforcement Director; and
Obstructs, impedes, or interferes with any representative of a Town department or with any
person who owns or holds an estate or interest in a structure which has been ordered to be
demolished, rehabilitated, repaired, or vacated, or with any person to whom any structure
has been lawfully sold, in compliance with this Chapter, when any of the aforementioned
individuals are lawfully engaged in proceedings involving the abatement of a nuisance, may
be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement
Director.
Use of other enforcement procedures. The enforcement procedures of Section 18.200.070
(Legal Remedies), below may be employed by the Code Enforcement Director after or instead
of the provisions of this Section where the Code Enforcement Director determines that this
Section would be ineffective in securing the correction of the violation within a reasonable time.
18.200.060 - Violations
Unlawful violation. Any use or structure which is altered, enlarged, erected, established,
maintained, moved, or operated, contrary to the provisions of this Development Code or any
applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and
shall be subject to the remedies and penalties specified in the Municipal Code, including this
Chapter.
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B. Infraction or misdemeanor.
Any person, partnership, firm or corporation, whether as principal, agent, employee or
otherwise, violating or failing to comply with any provision(s) of this Development Code
or any condition imposed on any land use permit, entitlement, map, or license, shall be
guilty of an infraction on each separate day the violation or failure to comply exists, except
as otherwise specified herein.
However, any person responsible for these violations who has previously been convicted
two or more times during any one year period for any other violation(s) of this
Development Code may be guilty of a misdemeanor.
3. Any construction in violation of this Development Code or any condition(s) imposed on
a land use permit shall be subject to the issuance of a "Stop Work Order."
4. Any violation of a Stop Work Order may constitute a misdemeanor.
Any violation that may be prosecuted as a misdemeanor may instead be prosecuted as an
infraction, at the discretion of the Code Enforcement Director, Town Attorney, or District
Attorney.
18.200.070 - Legal Remedies
The Town may choose to undertake any of the following legal actions to correct and/or abate nuisances
or violations of this Development Code.
A. Civil actions:
At the request of the Council, upon recommendation of the Code Enforcement Director, the
Town Attorney may apply to a court of competent jurisdiction for injunctive relief to
terminate a violation of this Development Code.
Where any person, firm, or corporation fails to abate a violation after being provided a
Notice of Violation in compliance with Section I8.200.050.B. (Notice to responsible
parties), above and the opportunity to correct or end the violation, the Council, upon
recommendation of the Code Enforcement Director, may request the Town Attorney to
apply to a court of competent jurisdiction for an order authorizing the Town to undertake
actions necessary to abate the violation and requiring the violator to pay for the cost of the
actions.
B. Civil remedies and penalties:
Any person who willfully violates the provisions of this Development Code, or any permit
issued in compliance with this Development Code, may be liable for a civil penalty not to
exceed $5,000.00 for each day that the violation continues to exist.
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Any person violating any provisions of this Development Code, or permits issued in
compliance with this Development Code, may be liable to the Town for the costs incurred
and the damages suffered by the Town, its agents, and agencies as a direct result of the
violations.
In determining the amount of the civil penalty to impose, the Court should consider all
relevant circumstances, including the extent of the harm caused by the conduct constituting
a violation, the nature and persistence of the conduct, the length of time over which the
conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate
or individual, and any corrective action taken by defendant.
C. Criminal actions and penalties.
A person violating any provisions of this Development Code, or any permit issued in
compliance with this Development Code, may be guilty of an infraction, unless such
violation is specifically designated as constituting a misdemeanor.
Any conviction of an infraction under the provisions of this Development Code shall be
punishable for a first conviction of a fine of not more than One Hundred Dollars ($100),
for a second conviction within a period of one year by a fine of not more than Two
Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one
year by a fine of not more than Five Hundred Dollars ($500).
Any conviction of a misdemeanor under provisions of this Development Code shall be
punishable by a fine of not mom than One Thousand Dollars ($1,000), or by imprisonment
in the County jail for a period of not exceeding six (6) months, or by both such fine and
imprisonment.
D. Abatement of Code violations/nuisances.
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If the violation(s) is not completely abated by the owner as directed within the abatement
period, the Town may immediately cause the violation(s) to be abated by Town personnel
or private contract and the personnel or persons under contract are expressly authorized to
enter upon the subject premises for these purposes.
The owner of the premises shall be liable to the Town for all costs of abatement, including
all administrative and inspection costs.
Proceedings for abatement of imminently dangerous public nuisances. Whenever the Code
Enforcement Officer determines that a public nuisance (or any other Code violation) is so
imminently dangerous to life or adjacent property that the condition shall be immediately
corrected, or isolated, the following procedures shall be instituted:
Before abatement of an imminently dangerous public nuisance, written notice shall be
provided to the property owner by first class mail and by posting at the subject property.
At least 72 hours notice shall be provided unless a specific finding is made of an
emergency requiring immediate abatement or other action.
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The Code Enforcement Director shall attempt to make contact through a personal interview,
or by telephone with the landowner or the person, if any, occupying or otherwise in mai or
apparent charge and control of the subject property. In the event contact is made, the Code
Enforcement Director shall notify the person(s) of the danger involved and require that the
condition be immediately removed, repaired, or isolated to preclude harm to any person or
property;
In the event the Code Enforcement Director is unable to make contact, or if the appropriate
persons, after notification by the Code Enforcement Director, do not take action as specified
by the Code Enforcement Director, within the time frame requested, the Code Enforcement
Director may, with the approval of the Town Manager, take all steps deemed necessary to
remove or isolate the dangerous condition(s), with the use of Town forces or a contractor
retained in compliance with the provisions of the Municipal Code; and Code Enforcement
Director
The Code Enforcement Director shall keep an itemized account of the costs incurred by the
Town in removing or isolating the condition(s). These costs may be recovered in the same
manner that other abatement costs are recovered, in compliance with this Chapter.
18.200.080 - Recovery of Costs
This Section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.),
including staff time expended in the enforcement of the provisions of this Development Code. The
intent of this Section is to recover Town administrative and legal costs reasonably related to the required
enforcement action(s).
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Notice. Upon investigation and a determination that a violation of any provision(s) of this
Development Code is found to exist, the Code Enforcement Director shall notify the record owner
or any person having possession or control of the property by certified mail, of the existence of
the violation, the Code Enforcement Director's intent to charge the property owner for all
administrative costs associated with enforcement, and of the owner's fight to a hearing on any
objections they may have. The notice shall be in a form approved by the Town Attorney.
Cost assessment. The Code Enforcement Director shall maintain records of all administrative
costs, incurred by responsible Town departments, associated with the processing of violations,
and enforcement of this Development Code, and shall recover the costs from the property owner
in compliance with this Section. Staff time shall be calculated at an hourly rate established and
revised from time to time by the Council.
C. Summary of costs and notice.
At the conclusion of the case, the Code Enforcement Director shall send a summary of costs
associated with enforcement to the owner and/or person having possession or control of the
property by certified mail, in compliance with Subsection A., above.
The summary shall include a notice in a form approved by the Town Attorney, advising the
responsible party of their right to request a hearing on the charges for Town cost recovery
within 10 days of the date of the notice, and that it' no request for hearing is filed, the
responsible party will be liable for the charges.
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In the event that a request for hearing is not timely filed or, after a hearing during which the
Code Enforcement Director affirms the validity of the costs, the properly owner and/or
person in control shall be liable to the Town in the amount stated in the summary or any
lesser amount determined by the Code Enforcement Director.
4. These costs shall be recoverable in a civil action in the name of the Town, in any court of
competent jurisdiction within the County.
Request for hearing on costs. Any property owner, and/or other person having possession or
control of the subject property, who receives a summary of costs shall have the right to a hearing
before the Code Enforcement Director on their objections to the proposed costs.
A request for hearing shall be filed with the Code Enforcement Director within 10 days of
the service by certified mail, of the Director's summary of costs, on a form provided by the
Code Enforcement Director.
Within 30 days of the filing of the request, and on 10 days written notice to the owner, the
Code Enforcement Director shall hold a hearing on the owner's objections and determine
their validity.
In determining the validity of the costs, the Code Enforcement Director shall consider
whether total costs are reasonable in the circumstances of the case. Factors to be considered
include: whether the present owner created the violation(s); whether there is a present
ability to correct the violation(s); whether the owner moved promptly to correct the
violation(s); the degree of cooperation provided by the owner; and whether reasonable
minds can differ as to whether a violation(s) exists.
4. The Code Enforcement Director's decision shall be appealable to the Council in compliance
with Chapter 18.140 (Appeals).
Tax lien.
The Code Enforcement Director shall consider the cost summary at the time set for heating,
together with any objections or protests by any interested parties. Any owner of land or
interested person may present a written or oral protest or objections to the cost summary.
The Code Enforcement Director may modify the cost summary if it is deemed necessary.
The Code Enforcement Director shall mail a written copy of the modified cost summary to
the owner of the property and the person, if other than the landowner occupying or
otherwise in charge or control of the property.
In compliance with State law (Government Code Sections 25845 and 38773.5), the total
costs of abatement, including all administrative costs, shall constitute a special assessment
against the subject parcel. After the assessment is made and confirmed, it shall become a
lien on the subject parcel in the following manner.
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After confirmation of the cost summary, a certified copy shall be filed with the County
Auditor on or before August 10th of each year and the Auditor shall be requested to
enter the amounts of the respective assessments on the County tax roll.
The special assessment (in the amount of the total costs in the cost summary) shall be
collected at the same time and in the same manner as ordinary property taxes are
collected and shall be subject to the same penalties and the same procedures and sale
in case of delinquency as provided for ordinary property taxes.
The Code Enforcement Director may order refunded all or part of an assessment paid
in compliance with this Section, if the Code Enforcement Director finds that all or part
of the assessment has been erroneously levied. An assessment or any part thereof shall
not be refunded unless a claim is filed with the Town Clerk on or before December 1st
after the assessment becomes due and payable. The claim shall be verified by the
person who paid the assessment, or the responsible administrator, executor, or
guardian.
F. Additional permit processing fees.
Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or
moves any structure without first obtaining a permit required by this Development Code,
shall pay the additional permit processing fees established by the Council's Fee Resolution
for the correction of the violation(s), before being granted a permit for any use or structure
on the site.
2. All administrative fees that have accrued against a particular parcel shall be paid before
processing of any application (including a Building Permit) for that property.
3. Any property owner notified of a Code violation shall correct the violation before issuance,
processing, approval, or completion, as appropriate, of any discretionary permit application.
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