Chapter 18.78 — Planned Developments

• A. This Chapter is intended to allow consideration of innovation in site planning and other aspects of project design and more effective design responses to site features, land uses on adjoining properties and environmental impacts, than the development standards of the underlying zone would produce without adjustment.

• B. Planned Developments are encouraged and expected to produce a comprehensive development of greater quality including more effective and attractive pedestrian orientation, environmental sensitivity, energy efficiency and the more efficient use of resources, than that normally resulting from the more traditional development review process, while protecting the public health, safety, welfare, integrity and character of the Town and ensuring consistency with the General Plan and any applicable Specific Plan.

• C. Project review shall determine whether the proposed planned development should be approved by weighing the public need for and the benefit(s) to be derived from, the proposed development against the potential negative effect(s) it may cause.

• A. Use of Planned Development. A Planned Development may be requested by a property owner for any residential development project in any residential zoning district, any commercial development in any commercial zoning district, any industrial/manufacturing development project in any manufacturing zoning district, or any development in the Public zoning district.

  1. The approval of a Planned Development may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., development envelope, off-street parking, street layout, etc.) identified in this Development Code, with the exception of the following:

     • a. The residential density and floor area ratio (FAR) standards of Tables 2-4, 2-8 and 2- 10;

     • b. The maximum density of residential development standards of Section 18.08.050 (Minimum Lot Area and Maximum Density);

     • c. The floor area ratio standards of Section 18.12.050 (Floor Area Ratio Criteria); and

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  - d. Any other density/intensity provisions which limit residential density or floor area. 

2. A Planned Development may authorize a land use activity that is not otherwise allowed in the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses) provided the review authority finds that the primary uses of the planned development are allowed in the applicable zoning district and the planned development maintains the characteristics and purpose of the applicable zoning district;

3. Any project that seeks a density bonus, concession, or incentive through Chapter 18.212 (Density Bonuses, Concessions and Incentives) shall not be eligible for a Planned Development; and

4. Approval of a Planned Development shall be required before the approval of any Building, Grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

• B. Compliance with General Plan. Strict compliance with the purpose and intent of the General Plan and any applicable Specific Plan shall be required.

The applicant shall prepare and submit an application and project plan to the Department. The project plan shall be professionally prepared and shall include all information required by the Director.

• A. Applicability. The review authority may recommend or approve a Planned Development only for a project that incorporates a minimum of one of the following features:

  1. **Affordable Housing.** A minimum of 25 percent of the residential units within the project are affordable to households of very low, low or moderate income (for ownership units, 100% of the affordable housing units shall be affordable to moderate income households, or one-third of the units shall be affordable to low income households, one-third shall be affordable to moderate income households, and one-third shall be affordable to above moderate income households, as defined in Chapter 18.210 (Affordable Housing Controls); for rental units, 100% of the affordable housing units shall be affordable to low income households, or one-third of the units shall be affordable to very low income households, one-third shall be affordable to low income households, and one-third shall be affordable to moderate income households, as defined in Chapter 18.210 (Affordable Housing Controls); 
  

  2. LEED Gold Certification. The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, obtaining at least a Gold rating or Neighborhood Development Certification on the Leadership in Energy and Environmental Design (LEED). Documentation of certification from LEED shall be submitted as part of the project; or

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3. Deed-Restricted Housing Units. The project meets the following requirements:

   • a. The project has five or more residential units and the residential floor area is equal to or greater than half of the floor area of the project;

   • b. 100% of the residential units are deed-restricted;

   • c. The project is consistent with the requirements of Chapter 18.213 (Deed-Restricted Housing Incentives) and is only requesting consideration of one or more of the following:

     • (1) Alternatives to the requirements of Section 18.25.090.B (Balconies, decks, and patios) as referenced in Section 18.213.040.N.1 (Balconies, decks, and patios);

     • (2) Alternatives to Section 18.25.090.C.6 (Storage), as referenced in Section 18.213.040.N.3;

     • (3) A greater number of incentives than allowed under Section 18.213.050.F, Tables 7-1 and 7-2; and/or

     • (4) A change to the flexibility within each incentive (e.g., the amount of front setback reduction or site coverage increase).

4. Public Amenity. The project will provide a substantial public amenity (e.g., a significant public plaza or park, or public trail) beyond that otherwise required by this Development Code.

Following a hearing the review authority shall record the decision in writing with the findings upon which the decision is based. The review authority may approve and/or modify, in whole or in part, with specific development conditions or deny a Planned Development. The review authority may approve a Planned Development, with or without conditions, only if all of the following findings can be made:

• A. The proposed development is:

  1. Allowed within the subject zoning district;

  2. Generally complies with all of the applicable provisions of this Development Code and Public Improvement and Engineering Standards relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and

  3. 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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• B. The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from the strict application of the provisions and standards identified in this Development Code;

• C. 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;

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

• E. The design, location, size and operating characteristics of the proposed development would not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

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

• G. The subject site is:

  1. Physically suitable for the type and density/intensity of development being proposed;

  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

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

• H. 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.

In approving a Planned Development, the Commission may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 18.78.040 (Findings and Decision). The conditions may relate to improvements that are necessary to accommodate maximum

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flexibility in site planning and property development and to carry out the purpose, intent and requirements of the respective zoning district).

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18.79

Streamlined Residential Review

– CHAPTER 18.79 STREAMLINED RESIDENTIAL REVIEW

Sections:

• 18.79.010 - Purpose of Chapter

• 18.79.020 - Applicability

• 18.79.030 – Review 18.79.040 – Findings and Decision 18.79.050 - Conditions of Approval