Chapter 18.72 — Zoning Clearance

• A. This Chapter establishes procedures for the review and approval or denial of Zoning Clearances, which are required by the Town to verify that a requested land use activity and/or structure is an allowed land use within the applicable zoning district and complies with the development standards and any design guidelines applicable to the land use or the zoning district of the site.

• B. The review process begins with the recognition that the proposed use/construction is allowed in the zoning district and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties.

• C. The process includes the filing of a building permit application or land use permit application with the Director to verify compliance with all applicable land use development standards, any applicable design guidelines and the requirements of other Town departments.

Where Article II (Zoning Districts and Allowable Land Uses) requires Zoning Clearance, the Director shall evaluate the proposed use or structure in compliance with this Chapter.

• A. Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the Director for land use activities or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as an allowed use as follows:

  1. For projects of a single-family dwelling, accessory dwelling unit, and/or residential accessory structure, a change in land use, creation of a timeshare, new structures or additions to existing structures with a total gross floor area of less than 7,500 square feet (less than 5,000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts); or

  2. For non-residential projects, new structures, or additions to existing structures with a total gross floor area of less than 7,500 square feet (less than 5,000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts); or

  3. For non-residential projects involving a change in land use within an existing permitted structure; or

  4. For multifamily residential projects, a change in land use, new structures, or additions to existing structures with 10 or fewer residential units;

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5. For Deed-Restricted Housing Incentives Program projects consistent with Chapter 18.213 (Deed-Restricted Housing Incentive Projects), reference the review process outlined in Section 18.213.020 (Review Process); and/or

6. For all projects, a change in land use, new structures, additions to existing structures, new improvements, or additions to existing improvements with site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 square feet.

• B. Projects eligible for Streamlined Residential Review. Projects eligible for the Streamlined Residential Review per Chapter 18.25 shall be subject to the requirements of this Chapter. Projects requesting the Flexible Design Review (Chapter 18.25.030.B) process are not subject to the Streamlined Residential Review and shall be processed through the Zoning Clearance process and any other applicable permit processes. The Flexible Design Review allows the review authority to apply the criteria set forth in Chapter 18.24 (Design Guidelines) and waive the requirements of Chapter 18.25 (Objective Design Standards), except as otherwise stated.

5.030.B) process are not subject to the Streamlined Residential Review and shall be processed through the Zoning Clearance process and any other applicable permit processes. The Flexible Design Review allows the review authority to apply the criteria set forth in Chapter 18.24 (Design Guidelines) and waive the requirements of Chapter 18.25 (Objective Design Standards), except as otherwise stated.

• C. Streamlined Zoning Verification. For projects with a change of use that falls within the Zoning Clearance criteria in terms of floor area and site disturbance, but does not represent an expansion of the square footage and/or intensification of use, the project may qualify for a streamlined Zoning Verification review. This review shall verify that the proposed use is allowed in the zoning district in which the use is proposed, does not create significant impacts (e.g., parking, noise, solid waste storage, or environmental degradation), and does not require review by utility agencies, special districts, or departments, as determined by the Community Development Director. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.

• C. Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

• D. Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. The approval of a Development Permit, in compliance with Chapter 18.74 (Development Permits) shall be required for additions to projects that would bring (1) the total project gross floor area for non-residential structure(s) to 7,500 square feet or more (5,000 square feet or more for projects located within the Downtown Residential and Downtown Commercial and Manufacturing zoning districts; (2) the total site disturbance area to 26,000 square feet or more; or (3) the total number of multifamily residential units to eleven or more units.

• A. Project review procedures. Each application shall be analyzed by the Director to ensure that the application is consistent with the content, purpose and intent of this Chapter, this Development Code, any applicable design guidelines, the General Plan and any applicable Specific Plan.

• B. Issuance of a Streamlined Zoning Verification.

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1. Time for decision. The Director shall take appropriate action on the Zoning Verification within 30 days of finding the application complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment).

2. Public notice. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.

3. Required findings. The Director may approve a Streamlined Zoning Verification , with or without conditions, only if all of the following findings can be made:

   • a. The proposed project is:

     • (1) Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all applicable provisions of this Development Code, the Municipal Code and the Public Improvement and Engineering Standards; and

     • (2) Consistent with the General Plan, any applicable Specific Plan and/or Master Plan, the Trails Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan and the Particulate Matter Air Quality Management Plan.

   • b. The proposed project is located in an existing building and the tenant space was previously occupied by a permitted use for which no complaints have been received.

   • c. No changes are proposed to the exterior of the building except signage or repairs consistent with the underlying land use approval.

   • d. The Zoning Verification approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources; and

   • e. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water and public utilities to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land and all development fees have been paid prior to occupancy of buildings and the land.

   • f. The subject site is:

     • (1) Physically suitable for the type and density/intensity of development being proposed;

     • (2) Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards and other features required by this Development Code; and

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• (3) Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.

  • g. The proposed development is consistent with all applicable regulations of the Nevada County Environmental Health Department and the Truckee Fire Protection District for the transport, use and disposal of hazardous materials.

4. Effective date. The Streamlined Zoning Verification shall not be valid until the companion Building and/or Grading Permit is issued or, where no Building and/or Grading Permit is required, a written determination is made by the Director.

5. Appeals. Appeals shall be submitted in writing and filed with the Town Clerk, on a Town application form, within 10 days from the date of the Director’s action on the issuance of the Streamlined Zoning Verification, in compliance with Chapter 18.140 (Appeals).

C. Issuance of a Zoning Clearance.

1. Time for decision. The Director shall take appropriate action on the Zoning Clearance only after the Director has determined the application complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment).

2. Public notice. Notice of the Director’s intent to take action on the issuance of a Zoning Clearance shall be required for all new multifamily residential, commercial and industrial projects and substantial additions, expansions, and/or intensifications (e.g., an addition of at least 25 percent of the gross floor area of the existing structure) in the following manner:

• a. Notice shall include:

  • (1) A general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the notice;

  • (2) The date on which the Director may take action on the issuance of the Zoning Clearance; and

  • (3) The location and available times that the application may be reviewed by the public.

• b. The notice shall be mailed or delivered to:

  • (1) The owner(s) of the property being considered or the owner’s agent and the applicant, if different from the owner;

  • (2) All owners of real property as shown on the County’s latest equalized assessment roll within 500 feet of the boundary of the property which is the subject of the Zoning Clearance; and

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  - (3) Any person who has filed a written request for notice with the Director and has paid the fee set by the most current Council's Fee Resolution for the notice. 

• c. The notice shall be posted in Town Hall;

• d. The notice shall be mailed, delivered and posted at least 14 days prior to the Director taking action on the issuance of the Zoning Clearance.

• e. The Director may provide any additional notice in regards to content and/or method of distribution as the Director determines is necessary or desirable.

• f. The Director may require a re-noticing of the application if the applicant makes substantial revisions to the land use permit, entitlement or matter being considered.

3. Required findings. The Director may approve a Zoning Clearance , with or without conditions, only if all of the following findings can be made:

• a. The proposed development is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district with the approval of a Development Permit and complies with all applicable provisions of this Development Code, the Municipal Code and the Public Improvement and Engineering Standards;

• b. The proposed site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development;

• c. The Zoning Clearance approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted;

• d. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land and all development fees have been paid prior to occupancy of buildings and the land;

• e. The proposed development is consistent with all applicable regulations of the Nevada County Environmental Health Department and the Truckee Fire Protection District for the transport, use and disposal of hazardous materials.

• f. For projects that are not processed concurrently with Streamlined Residential Review (Chapter 1879), the proposed development is:

  • (1) Consistent with the General Plan, any applicable Specific Plan and/or Master Plan, the Trails Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan and the Particulate Matter Air Quality Management Plan.

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  - (2) Consistent with the design guidelines, achieves the overall design objectives of the design guidelines and would not impair the design and architectural integrity and character of the surrounding neighborhood; 

  - (3) The subject site is: 

     - (a) Physically suitable for the type and density/intensity of development being proposed; and 

     - (b) Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards and other features required by this Development Code.

4. Effective date. The Zoning Clearance shall not be valid until the companion Building and/or Grading Permit is issued or, where no Building and/or Grading Permit is required, a written determination is made by the Director.

5. Appeals. Appeals shall be submitted in writing and filed with the Town Clerk, on a Town application form, within 10 days from the date of the Director’s action on the issuance of the Zoning Clearance, in compliance with Chapter 18.140 (Appeals).

• D. Time limits, expiration. The Zoning Clearance shall be valid for the same time period that the companion Building and/or Grading Permit is in force or 120 days, where no Building and/or Grading Permit is required. Construction shall commence and shall be completed in accordance with the time limits established by Section 18.84.050 (Time Limits, Phasing and Extensions).

In approving a Zoning Clearance, the Director may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location and operation of the proposed activity, as the Director finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 18.72.030.B.2 (Required Findings).

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Development Permits

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– CHAPTER 18.74 DEVELOPMENT PERMITS

Sections:

• 18.74.010 - Purpose of Chapter

• 18.74.020 - Applicability

• 18.74.030 - Findings and Decision

• 18.74.040 - Conditions of Approval