Chapter 18.79 — Streamlined Residential Review

• A. This Chapter establishes streamlined procedures for the review and approval or denial of multifamily residential projects and new single-family residential subdivisions requesting Streamlined Residential Review consistent with Chapter 18.25 (Objective Design Standards), 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, including any objective design standards, applicable to the land use or the zoning district of the site.

• B. The review process begins with the recognition that the proposed use is allowed in the zoning district, is consistent with the definition of “multifamily residential projects,” which applies to projects with two or more residential units only or a mix of multifamily residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use and focuses on consistency with the objective standards of this Development Code, including Chapter 18.25 (Objective Design Standards), as required by State law, and other Town requirements.

• A. Eligibility for Streamlined Residential Review. The following projects are eligible for Streamlined Residential Review:

  1. Multifamily residential projects with two or more residential units only;

  2. A mixed-use project with multifamily residential units and non-residential uses, with at least two-thirds of the gross square footage of the development designated for residential uses;

  3. New single-family residential subdivisions with five or more residential parcels created after October 12, 2023;

  4. For existing projects that are consistent with Sections A.1 and A.2 above, the following projects are eligible for the Streamlined Residential Project Review:

     • a. Any additions to the existing project shall be eligible for the streamlined review; and/or

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• b. This Chapter shall apply to the entire building including the existing structure and addition, if the addition requires a demolition of the existing building that is equal to or greater than 50% of the surface area of all existing exterior wall assemblies above finished grade or for additions over 30% of the square footage of the existing building. If the addition requires demolition that is less than 50% of the existing building or the addition is less than 30% of the square footage of the existing building, the Standards shall apply to only the building addition. The design of the addition shall use the same roof form, materials, and color found on the existing building. Category A, B, or C historic resources within the -HP Overlay District shall be exempt from this requirement and preservation of the historic structure shall be maintained per the requirements of Chapter 18.77 (Historic Design Review).

• B. Flexible Design Review. Projects eligible for Streamlined Residential Review per Chapter 18.25 may request a Flexible Design Review (Chapter 18.25.030.B) process through Chapter 18.72 (Zoning Clearance) and Chapter 18.74 (Development Permit) process, which 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) unless specifically stated otherwise. For any project that is not consistent with Section 18.79.030.A above, the standard development review process identified under Article IV shall apply. Projects requesting density bonuses, concessions, or incentives consistent with Chapter 18.212 (Density Bonuses, Concessions, and Incentives) shall not be eligible for Flexible Design Review and the Streamlined Residential Review process shall apply.

• C. Building permits. A Streamlined Residential Review 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.

• 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, including Chapter 18.25 (Objective Design Standards), the General Plan and any applicable Specific Plan. Application submittal and review procedures shall be consistent with Chapter 18.70 (Applications, Processing and Fees).

  1. Time for decision. The Director shall take appropriate action on the Streamlined Residential Review only after the Director has determined the application complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment) and in compliance with Government Code Section 65589.5(h)(6).

  2. Review with other permits. Streamlined Residential Review occurs concurrently with the applicable Zoning Clearance or Development Permit application. Streamlined Residential Review shall not be used with Chapter 18.78 (Planned Development).

  3. Written Notification of Inconsistency. The Director shall review the project and identify any inconsistencies with any applicable plan, program, policy, ordinance, standard.

  - **a. For projects containing 150 or fewer housing units.** Within 30 days of the project application being deemed complete **,** the Director shall provide written documentation of the inconsistencies.
  

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• b. For projects containing more than 150 housing units. Within 60 days of the project application being deemed complete , the Director shall provide written documentation of the inconsistencies.

4. Determination by the Director. The Director shall review the application in accordance with Chapter 18.25 (Objective Design Standards) and all other Development Code standards and forward a determination of consistency or inconsistency to the appropriate review authority for the associated land use permit (Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, or Variance). If the review authority finds that there is a factual error in the determination, the review authority will direct the Community Development Director to amend the determination as part of the final action. See Tables 4-2 and 4-3 for a chart to help determine the appropriate permit procedure and review authority for projects requesting Streamlined Residential Review.

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TABLE 4-2 – PERMIT PROCESS FOR SMALLER PROJECTS REQUESTING STREAMLINED RESIDENTIAL REVIEW

Project requesting Streamlined Residential Review Project is less than 7,500 s.f. and fewer than 11 residential units*

Consistent with all objective standards, including objective design standards

*Projects not requesting Streamlined Residential review will be subject to the Development Permit or Zoning Clearance process (and any applicable land use permits) and design review will be conducted by the final review authority (Community Development Director for projects that are less than 7,500 s.f. and fewer than 11 residential units with no environmental impacts and the Planning Commission for projects that are greater than 7,500 s.f. and greater than 10 residential units).

**The Town Council will be the review authority if an Environmental Impact Report is required in all case.

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TABLE 4-3 – PERMIT PROCESS FOR LARGER PROJECTS REQUESTING STREAMLINED RESIDENTIAL REVIEW

Project requesting Streamlined Residential Review Project is greater than 7,500 s.f. and more than 10 residential units Consistent with all objective standards, including objective design standards

• Project • There is no • There is potential • Project is within the - • Project is within the specifics potential for for environmental HP Overlay District -HP Overlay District environmental impact. • There is no potential • There is potential for impact. for environmental environmental impact. impact.

• Land use • Development • Development • Development Permit • Zoning Clearance process Permit Permit • Historic Design • Historic Design • Streamlined • Streamlined Review Review Residential Residential Review • Streamlined • Streamlined Review • Environmental Residential Review Residential Review review • Environmental review

• Review • Community • Community • Historic Preservation • Historic authority** Development Development Advisory Commission Preservation Director Director recommendation based Advisory determination of determination of on the historic design Commission consistency with consistency with guidelines recommendation standards

• standards • Community based on the historic

• • Planning • Planning Development Director design guidelines Commission

• Commission determination of Community review of the

• review of the consistency with Development Development standards

• Development Permit and Director Permit environmental • Planning Commission determination of review of the

• review consistency with Development Permit standards

• • • Community Development Director determination of consistency with standards

• • Planning Commission review of Zoning Clearance and environmental review

*Projects not requesting Streamlined Residential review will be subject to the Development Permit or Zoning Clearance process (and any applicable land use permits) and design review will be conducted by the final review authority (Community Development Director for projects that are less than 7,500 s.f. and fewer than 11 residential units with no environmental impacts and the Planning Commission for projects that are greater than 7,500 s.f. and greater than 10 residential units).

**The Town Council will be the review authority if an Environmental Impact Report is required in all cases.

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• A. The Director may approve a Streamlined Residential Review , with or without conditions, only if all of the following findings can be made:

  1. The proposed development is:

     • a. 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

     • b. Generally 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.

  2. The proposed development is consistent with the objective standards of the General Plan, Development Code, and any applicable Specific Plan/Master Plan, including any objective design standards.

• B. Findings for Denial. When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the Director may deny the project the project or impose a condition that the project be developed at a lower density, only if the following conditions can be made:

  1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and

  2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.