Chapter 18.75 — Minor Modifications

• A. This Chapter establishes procedures for the review and approval or denial of Minor Modifications, which are required by the Town to verify that a requested modification to the applicable standards of this Development Code is an allowed modification and complies with the development standards and any design guidelines applicable to the land use or the zoning district for the site.

• B. The review process begins with the evaluation of the proposed modification of the applicable Development Code regulations to determine if the modification should be allowed on the subject site.

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

• A. When required. Minor Modification may be issued by the Director for land use activities or structures identified within this section as an allowed modification as follows:

  1. Side yard setbacks may be reduced up to a maximum of 20 percent of the minimum setback area for permitted uses within the applicable zoning district identified in Article II (Zoning Districts and Allowable Land Uses) with the following exceptions:

     • a. Side yard setback reductions over 20 percent of the minimum setback area shall require Variance approval in compliance with Chapter 18.82 (Variances);

     • b. Minor Modifications to side yard setbacks shall not be used in addition to Development Code Section 18.30.120.F.7.b;

     • c. Minor Modifications to side yard setbacks shall not be used in addition to the “Allowed projections into setbacks” identified by Table 3-2 of Development Code Section 18.30.120.E. For example, a three-foot projection into a reduced eightfoot side yard setback (five feet from the property line) is not allowed. If a threefoot projection into a standard 10-foot side yard setback is allowed (seven feet from the property line), then a projection into the reduced side yard setback may be located no closer than seven feet from the property line;

     • d. Setback reductions for additions or modifications to a single-family dwelling that

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Minor Modifications

encroaches into the side yard setback shall be reviewed in compliance with Development Code Section 18.30.120.F.7.c (Side setbacks for nonconforming structure); and

• e. Parcels adjacent to Donner Lake are not eligible for Minor Modifications to side yard setbacks and shall comply with Development Code Section 18.38.050 (Donner Lake Development Standards).

• 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 Minor Modification.

  1. Time for decision. The Director shall take appropriate action on the Minor Modification 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 Minor Modification shall be required for all projects 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 Minor Modification; 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 Minor Modification; and 
  
     - (3) Any person who has filed a written request for notice with the Director and has paid the fee set by the most current Council's Fee Resolution for the notice. 
  
  - c. The notice shall be posted in Town Hall;
  

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

  - 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 Minor Modification , with or without conditions, only if all of the following findings can be made:

  - a. The proposed development is: 

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

     - (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 requested modification is minor in nature and the proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines and would not impair the design and architectural integrity and character of the surrounding neighborhood; and

  - c. The Minor Modification 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. 
  

  4. Effective date. The Minor Modification 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 Minor Modification, in compliance with Chapter 18.140 (Appeals).

• C. Time limits, expiration. The Minor Modification 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).

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Minor Modifications

In approving an application for a Minor Modification, the review authority may impose conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the finding

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18.76

Use Permits and Minor Use Permits

– CHAPTER 18.76 USE PERMITS AND MINOR USE PERMITS

Sections:

• 18.76.010 - Purpose of Chapter

• 18.76.020 - Applicability

• 18.76.030 - Findings and Decision

• 18.76.040 - Conditions of Approval