Title 18 — DEVELOPMENT CODE›Chapter 18.64 — TRUCKEE-TAHOE AIRPORT AREA RESTRICTIONS
Article V
Truckee Zoning Code · 2026-06 edition · ingested 2026-07-07 · Truckee
Subdivisions
Chapter 18.90 - Subdivision Map Approval Requirements .......................................................... V-5 18.90.010 - Title ..................................................................................................................... V-5 18.90.020 - Purpose of Article ............................................................................................... V-5 18.90.030 - Applicability ....................................................................................................... V-5 18.90.040 - Exemptions from Subdivision Approval Requirements ..................................... V-6 18.90.050 - Review Authority for Subdivision Applications ................................................. V-8 18.90.060 - Exceptions to Subdivision Standards .................................................................. V-8 18.90.070 - Violations and Enforcement ................................................................................ V-9 18.90.080 - Notice of Judicial Challenge ............................................................................... V-9 Chapter 18.92 - Subdivision Design and Improvements .............................................................. V-11 18.92.010 - Purpose of Chapter ............................................................................................ V-11 18.92.020 - Applicability of Design and Improvement Standards ....................................... V-11 18.92.030 - Access, Circulation, Streets .............................................................................. V-12 18.92.040 - Energy Conservation and Solar Access ............................................................ V-15 18.92.050 - Fire Hydrants .................................................................................................... V-16 18.92.060 - Grading, Erosion and Sediment Control ........................................................... V-16 18.92.070 - Major Structures ................................................................................................ V-16 18.92.080 - Monuments ....................................................................................................... V-16 18.92.090 - Parcel and Block Design ................................................................................... V-16 18.92.095 - Parks and Recreation ......................................................................................... V-16 18.92.100 - Public Utilities and Utility Easements .............................................................. V-17 18.92.110 - Residential Density ........................................................................................... V-18 18.92.120 - Sewage Disposal ............................................................................................... V-19 18.92.130 - Street Lighting .................................................................................................. V-20 18.92.140 - Street Names ..................................................................................................... V-20 18.92.150 - Storm Drainage and Watercourses .................................................................... V-20 18.92.160 - Traffic Safety Devices ...................................................................................... V-21 18.92.170 - Water Supply .................................................................................................... V-21 18.92.180 - Zoning Standards .............................................................................................. V-21 Chapter 18.94 - Residential Subdivision Design Guidelines ........................................................ V-23 18.94.010 - Purpose of Chapter ............................................................................................ V-23 18.94.020 - Applicability ..................................................................................................... V-23 18.94.030 - Development Context and Continuity ............................................................... V-24 18.94.040 - Project Site Planning ......................................................................................... V-26 18.94.050 - Energy Conservation and Solar Orientation ..................................................... V-28
.................................... V-23 18.94.030 - Development Context and Continuity ............................................................... V-24 18.94.040 - Project Site Planning ......................................................................................... V-26 18.94.050 - Energy Conservation and Solar Orientation ..................................................... V-28
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Contents
Chapter 18.95 – Urban Lot Split and Two-Unit Projects (Senate Bill 9) ................................... V-31 18.95.010 – Urban Lot Splits, Purpose of Chapter............................................................... V-31 18.95.030 - Two-Unit Projects, Purpose of Section ............................................................. V-38 18.95.040 - Two-Unit Projects Preparation, Application Contents, Approval ..................... V-38 Chapter 18.96 - Tentative Map Filing and Processing ................................................................. V-45 18.96.010 - Tentative Map Preparation, Application Contents ............................................ V-45 18.96.020 - Tentative Map Filing, Initial Processing ........................................................... V-45 18.96.030 - Evaluation of Application ................................................................................. V-47 18.96.040 - Review and Decision ........................................................................................ V-48 18.96.050 - Tentative Map Public Hearings ......................................................................... V-48 18.96.060 - Tentative Map Approval or Denial ................................................................... V-49 18.96.070 - Conditions of Approval ..................................................................................... V-51 18.96.080 - Appeal ............................................................................................................... V-52 18.96.090 - Effective Date of Tentative Map Approval ....................................................... V-52 18.96.100 - Changes to Approved Tentative Map or Conditions ......................................... V-52 18.96.110 - Completion of Subdivision Process .................................................................. V-54 18.96.120 - Vesting Tentative Maps .................................................................................... V-54 18.96.130 - Tentative Map Time Limits .............................................................................. V-57 18.96.140 - Expiration of Approved Tentative Map ............................................................ V-57 18.96.150 - Extensions of Time for Tentative Maps ............................................................ V-57 18.96.160 - Applications Deemed Approved ....................................................................... V-59 Chapter 18.98 - Parcel Maps and Final Maps .............................................................................. V-61 18.98.010 - Purpose of Chapter ............................................................................................ V-61 18.98.020 - Parcel Maps ....................................................................................................... V-61 18.98.030 - Waiver of Parcel Map ....................................................................................... V-61 18.98.040 - Parcel Map Form and Content .......................................................................... V-63 18.98.050 - Filing and Processing of Parcel Maps ............................................................... V-63 18.98.060 - Parcel Map Approval ........................................................................................ V-64 18.98.070 - Final Maps ........................................................................................................ V-64 18.98.080 - Final Map Form and Content ............................................................................ V-65 18.98.090 - Filing and Processing of Final Maps ................................................................. V-65 18.98.100 - Final Map Approval .......................................................................................... V-65 18.98.110 - Supplemental Information Sheets ..................................................................... V-66 18.98.120 - Recordation of Maps ......................................................................................... V-67 18.98.130 - Effect of Recorded Map .................................................................................... V-67 18.98.140 - Amendments to Recorded Maps ....................................................................... V-68 Chapter 18.100 – Common Interest Developments and Common Interest Development Conversion .......................................................................................................................... V-71 18.100.010 - Purpose of Chapter .......................................................................................... V-71 18.100.020 - Applicability ................................................................................................... V-71 18.100.030 – Common Interest Developments .................................................................... V-71 18.100.040 – Common Interest Development Conversions ................................................. V-72 Chapter 18.102 - Certificates of Compliance ................................................................................ V-75 18.102.010 - Purpose of Chapter .......................................................................................... V-75 18.102.020 - Applicability ................................................................................................... V-75
V-72 Chapter 18.102 - Certificates of Compliance ................................................................................ V-75 18.102.010 - Purpose of Chapter .......................................................................................... V-75 18.102.020 - Applicability ................................................................................................... V-75
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Contents
18.102.030 - Application Contents....................................................................................... V-75 18.102.040 - Review and Approval ...................................................................................... V-75 18.102.050 - Conditional Certificates of Compliance .......................................................... V-76 Chapter 18.104 - Reversions to Acreage ........................................................................................ V-79 18.104.010 - Purpose and Applicability ............................................................................... V-79 18.104.020 - Application and Processing ............................................................................. V-79 18.104.030 - Findings for Approval of Reversions .............................................................. V-79 18.104.040 - Conditions of Approval for Reversions .......................................................... V-80 18.104.050 - Final Map Contents ......................................................................................... V-80 Chapter 18.106 - Dedications, Exactions, Reservations, Easements ........................................... V-81 18.106.010 - Purpose of Chapter .......................................................................................... V-81 18.106.020 - Applicability ................................................................................................... V-81 18.106.030 - Findings Required for Dedications and Exactions .......................................... V-81 18.106.040 - Right-of-Way Dedications .............................................................................. V-81 18.106.050 - Access to the Truckee River and Donner Lake ............................................... V-82 18.106.060 - Reservations of Land for Public Uses ............................................................. V-83 18.106.070 - Easements ....................................................................................................... V-83 Chapter 18.108 – Subdivision Improvement Plans and Agreements ......................................... V-85 18.108.010 - Purpose of Chapter .......................................................................................... V-85 18.108.020 – Subdivision Improvement Plans ..................................................................... V-85 18.108.030 - Installation of Improvements .......................................................................... V-85 18.108.040 – Subdivision Improvement Agreements and Security ..................................... V-86 Chapter 18.110 - Surveys and Monuments ................................................................................... V-89 18.110.010 - Purpose of Chapter .......................................................................................... V-89 18.110.020 - Survey Procedure and Practice........................................................................ V-89 18.110.030 - Monuments ..................................................................................................... V-89 18.110.040 - Survey Information on Parcel or Final Map ................................................... V-91
................................ V-89 18.110.020 - Survey Procedure and Practice........................................................................ V-89 18.110.030 - Monuments ..................................................................................................... V-89 18.110.040 - Survey Information on Parcel or Final Map ................................................... V-91
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Contents
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18.90
Subdivision Map Approval Requirements
– CHAPTER 18.90 SUBDIVISION MAP APPROVAL REQUIREMENTS
Sections:
18.90.010 - Title 18.90.020 - Purpose of Article 18.90.030 - Applicability 18.90.040 - Exemptions from Subdivision Approval Requirements 18.90.050 - Review Authority for Subdivision Applications 18.90.060 - Exceptions to Subdivision Standards 18.90.070 - Violations and Enforcement 18.90.080 - Notice of Judicial Challenge
18.90.010 - Title ¶
This Article is and may be cited as the Town of Truckee Subdivision Ordinance.
18.90.020 - Purpose of Article ¶
The regulations in this Article are intended to supplement, implement and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the Map Act). This Article is not intended to replace the Map Act and must be used in conjunction with the Map Act in the preparation of applications and the review, approval and construction of proposed subdivisions.
18.90.030 - Applicability ¶
The Map Act and this Development Code require that the subdivision of an existing parcel into two or more proposed parcels be first approved by the Town. In general, the procedure for subdivision first requires the approval of a Tentative Map and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process evaluates the compliance of the proposed subdivision with the standards of this Development Code and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.
A. Tentative Map requirements. Any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map (see Chapter 18.76, Tentative Map Filing and Processing), except as otherwise provided by Section 18.90.040 (Exemptions from Subdivision Approval Requirements) and except for the following.
1. Exemptions from Tentative Map requirements. The following subdivisions shall require the filing and approval of a Parcel Map without a Tentative Map:
- a. The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street and no dedications or improvements are required by this Article; or
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- b. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or
- c. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development and which has Town approval for street alignments and widths; or
- d. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or
- e. The land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2.
2. Condominium construction. The construction of a condominium project on a single parcel shall require the filing and approval of a Parcel or Final Map, without a Tentative Map, when in compliance with Section 18.100.030 (Condominiums).
B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:
1. Parcel Map. The filing and approval of a Parcel Map (Chapter 18.98) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 2, Article 3 of the Map Act, except for a subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 18.98.030 (Waiver of Parcel Map).
2. Final Map. The filing and approval of a Final Map (Chapter 18.98) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements).
- C. Conflicts with Map Act. In the event of any perceived conflicts between the provisions of this Article and the Map Act, the Map Act shall control.
18.90.040 - Exemptions from Subdivision Approval Requirements ¶
As provided by Chapter 1, Article 1 of the Map Act, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps.
A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.
B. Apartment/Commercial/industrial financing or leases. The financing or leasing of:
- Apartment, offices, stores or similar spaces within apartment buildings, commercial or industrial buildings, mobilehome parks or trailer parks; existing separate commercial or industrial buildings on a single parcel; or
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- The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article II of this Development Code (Zoning Districts and Allowable Land Uses) requires a land use permit for the project.
C . Boundary line agreements. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.
D . Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources and other incidental equipment.
E . Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.
F. Condominium conversions. The conversion of:
A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or
The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428.1.
G. Lot Line Adjustments. A Lot Line Adjustment between four or fewer existing adjoining parcels processed in compliance with Chapter 18.86. A lot line adjustment(s) between five or more adjoining parcels shall comply with the provisions of Sections 66410 et seq. of the Government Code (Subdivision Map Act) and this Chapter. Incremental or phased lot line adjustments shall be treated on a cumulative basis. The addition of a parcel(s) to previous or proposed lot line adjustments of adjoining parcels that would bring the total number of parcels involved in the lot line adjustments to five or more shall comply with the provisions of Sections 66410 et seq. of the Government Code (Subdivision Map Act) and this Chapter.
H. Mineral leases. Mineral, oil or gas leases.
I. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to or from a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Development Code in an individual case. In cases where no Tentative Map, Parcel or Final Map is required, the applicable public agency or public utility shall still:
Complete the subdivision by a recorded document which describes the new parcels; and
Comply with all other applicable provisions of this Article, including offers of dedication and improvements.
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J. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Development Code to the short-term lease.
K. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or accessory dwelling units in compliance with Section 18.58.025 (Accessory Dwelling Units).
L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
M. Windpowered or solar electrical generation device. The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation and sale or lease of a windpowered or solar electrical generation device.
N. Biogas. The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces the overall emissions of greenhouse gases from agricultural operations on the land.
18.90.050 - Review Authority for Subdivision Applications ¶
The authority to review and approve Tentative Maps, Parcel and Final Maps, Certificates and Conditional Certificates of Compliance and exceptions to subdivision standards in compliance with this Article, is determined by Section 18.70.020 (Authority for Land Use and Zoning Decisions) and the provisions of this Article.
18.90.060 - Exceptions to Subdivision Standards ¶
An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act.
A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.
B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. An exception shall not be considered as Tentative Map approval and shall not extend the time limits for expiration of the map established by Section 18.96.140 (Expiration of Approved Tentative Map).
C. Approval of exception. The review authority for the Tentative Map shall not grant an exception unless all the following findings are first made:
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18.90
There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings, that are not due to any action of the subdivider subsequent to the enactment of this Development Code;
The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;
Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and
The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.
In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.
18.90.070 - Violations and Enforcement ¶
The Town may enforce the provisions of this Article and take action against violations of the provisions of this Article and/or the Map Act, in compliance with Map Act Chapter 7 (Enforcement and Judicial Review) and Chapter 18.200 (Enforcement) of this Development Code. Enforcement measures may include the withholding of permits for development in compliance with Map Act Section 66499.34, the recordation of Notices of Violation in compliance with Map Act 66499.36, or any other procedure authorized by the Map Act or this Development Code.
18.90.080 - Notice of Judicial Challenge ¶
At least 30 days prior to filing any judicial action or proceeding to attack, review, set aside, void or annul the decision of the Council concerning a Tentative, Parcel or Final Map, or any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto, written notice shall be served upon the Council detailing the nature of the conduct or action intended to be challenged. This Section is not intended to extend or toll in any way the statute of limitations provided in Map Act Section 66499.37.
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Subdivision Design and Improvements
18.92
– CHAPTER 18.92 SUBDIVISION DESIGN AND IMPROVEMENTS
Sections:
18.92.010 - Purpose of Chapter 18.92.020 - Applicability of Design and Improvement Standards 18.92.030 - Access, Circulation, Streets 18.92.040 - Energy Conservation and Solar Access 18.92.050 - Fire Hydrants 18.92.060 - Grading, Erosion and Sediment Control 18.92.070 - Major Structures 18.92.080 - Monuments 18.92.090 - Parcel and Block Design 18.92.095 - Parks and Recreation 18.92.100 - Public Utilities and Utility Easements 18.92.110 - Residential Density 18.92.120 - Sewage Disposal 18.92.130 - Street Lighting 18.92.140 - Street Names 18.92.150 - Storm Drainage and Watercourses 18.92.160 - Traffic Safety Devices 18.92.170 - Water Supply 18.92.180 - Zoning Standards
18.92.010 - Purpose of Chapter ¶
This Chapter establishes standards for the design and layout of subdivisions and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are compatible with existing neighborhoods, the natural environment, the health and safety of Town residents, and are consistent with the General Plan and any applicable Specific Plan.
18.92.020 - Applicability of Design and Improvement Standards ¶
The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements of this Development Code, as follows:
A. Design standards. The standards in Sections 18.92.030 through 18.92.180 of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the Town Engineer and the Public Improvements and Engineering Standards.
B. Subdivision improvement standards - Conditions of approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with Section 18.96.060 (Tentative Map Approval or Denial), shall be described in conditions of approval adopted for each approved Tentative Map (Section 18.96.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the Town Engineer.
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C. Conflicting provisions. In the event of conflicts between the provisions of this Chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control.
D. Extent of improvements required. As required by Chapter 1, Article 1 of the Map Act, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements and the construction of reasonable offsite and onsite improvements for the parcels being created.
E. Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the Town. If required, the cost of these oversized improvements shall be reimbursed to the subdivider in compliance with Map Act Sections 66485 et seq.
F. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in compliance with Section 18.90.060 (Exceptions to Subdivision Standards).
18.92.030 - Access, Circulation, Streets ¶
Proposed subdivisions shall be designed to provide adequate access from each new parcel to a Town street, State highway, or County road. Street systems to be constructed with new subdivisions shall be designed in compliance with this Section, and with the requirements of the Town Engineer.
A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this Section, and consistent with the General Plan.
Street design shall provide for safe vehicular operation at a specified design speed.
Public streets shall be required when:
a. The street is shown as an arterial or collector on a master street and highway plan, the General Plan, or any other specific or precise plan;
b. The street will be used by the general public as a through access route; or
c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access.
Private streets are allowed only in compliance with Subsection F., following.
Gated subdivisions shall be prohibited.
B. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the requirements of the Town Engineer, where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character.
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C. Access to subdivision. Every subdivision shall be designed to have access to a Town street, State highway, or County road. Access shall be provided by:
The subdivision abutting a Town street, County road, or State highway, where the length of the subdivision along the street, the street right-of-way, and the width of the right-ofway will accommodate the construction of all road improvements required by this Section; or
The subdivision being connected to a Town street, State highway, or County road by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:
a. Offered for dedication unless the review authority determines the easement may be permitted as a private road in compliance with Subsection F., following;
b. Unencumbered by any senior rights that might serve to restrict its proposed use; and
c. Of a width and location to accommodate the construction of all improvements required by this Section and the Public Improvements and Engineering Standards.
D. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows.
1. Town street access required. Each parcel within a proposed subdivision shall be provided access by being located on an existing Town street or a new Town street designed and improved in compliance with Subsection C. of this Section, or to a private street if allowed by Subsection F. of this Section.
2. Access denial. Access to a State Highway or town street shall be prohibited as follows. Reservation strips shall be dedicated to the State or Town, as appropriate, where required to control access over certain lot lines, or over the ends of street stubs.
- a. When a State highway or a street classified as an arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels.
- b. The review authority may also deny access to a Town street, County road, or private street, at any location where it determines that traffic safety will be compromised by uncontrolled access; provided that each parcel shall have at least one point of physical and legal access to a Town street, of sufficient width to accommodate a driveway in compliance with Section 18.48.080 (Driveways and Site Access) of this Development Code.
3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.
4. Alleys. Alleys may be proposed as part of residential or non-residential subdivisions. When a subdivision is proposed in an area zoned commercial or industrial, the subdivider
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may be required to dedicate and improve alleys at least 20 feet wide at the rear of the parcels.
E. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the requirements of the Town Engineer.
1. Alignment. The alignment of streets shown on a Tentative Map shall be:
- a. Consistent with the Circulation Element of the General Plan, and/or any adopted street alignment plan, where applicable; and - b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves.2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall comply with the functional classifications of the Public Improvements and Engineering Standards, and the requirements of the Town Engineer.
3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed and/or rights-of-way established within the proposed subdivision to be extended to the boundary of the property to provide access to the future development.
4. Improvements to existing streets. When an existing Town street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements to be made to the Town street in compliance with the General Plan, and the Public Improvements and Engineering Standards if they determine that the proposed subdivision will create the need for the improvements, or where the subdivider otherwise agrees to the improvements.
5. Length of loop, cul-de-sac, and other dead-end streets. The length of loop, cul-de-sac, and other dead-end streets shall comply with the Public Improvements and Engineering Standards.
F. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted except where the review authority determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.
1. Design and improvement standards. Private roads shall be designed and improved as set forth in Subsections B. and C.
2. Security and conditions. The review authority may require any guarantees and conditions it deems necessary to carry out the provisions of this Article pertaining to
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private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the Parcel or Final Map.
G. Alternative circulation systems. Proposed subdivisions shall be designed to reserve rightsof-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, Public Improvements and Engineering Standards, and/or the Bicycle and Pedestrian Trail Master Plan as applicable, where the review authority determines that the alignment of these systems shown in the General Plan and/or in any applicable Specific Plan can be feasibly accommodated within the subdivision. Rights-of-way and easements shall be offered for dedication if the review authority determines that the facility is needed because of the characteristics of the proposed subdivision.
H. Maintenance requirements. Where streets are offered for dedication but not accepted for maintenance purposes, and where private streets are approved, provisions satisfactory to the Town Attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of the streets and ownership of the street rights-of-way.
18.92.040 - Energy Conservation and Solar Access ¶
The design of a subdivision for which a Tentative and Final Map are required by this Article shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. The review authority may require solar access easements as it deems necessary to protect the opportunities for passive or natural heating or cooling, in compliance with the following requirements.
A. The location and extent of the easements shall be determined by an analysis performed by a qualified professional engaged by the Town at the expense of the applicant. The analysis shall specify the optimal location and dimensions of the easements, based on the topography and natural vegetation of the site and surroundings.
B. The easement shall prohibit any structure which would extend into and block the passage of sunlight through more than 10 percent of the easement area at any time during the year. The easement shall also prohibit the property owner from allowing any vegetation other than native vegetation on the site prior to subdivision, from extending into and blocking the passage of sunlight through more than 10 percent of the easement area at any time during the year.
C. The easement shall include provisions allowing the owner of the site which is protected by the easement the discretion to agree, with the approval of the Director, to revisions to the easement, or the termination of the easement, if requested by the owner of the site that is subject to the easement. The Director shall not approve termination of a solar access easement except where he or she determines that the dwelling unit proposed on the site is not designed to utilize passive or natural heating or cooling.
D. The review authority shall not require solar access easements where an easement would have the effect of reducing the density of residential units otherwise allowed on the site by Article II (Zoning Districts and Allowable Land Uses), and shall consider the feasibility of the easement, given the contour and configuration of the parcel to be divided.
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18.92.050 - Fire Hydrants ¶
Fire hydrants shall be installed within the proposed subdivision in compliance with the requirements of the Truckee Fire Protection District.
18.92.060 - Grading, Erosion and Sediment Control ¶
New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with the Public Improvements and Engineering Standards and Chapter 18.36 (Hillside Development Standards) of this Development Code.
18.92.070 - Major Structures ¶
The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the Town with all drawings, specifications, and engineering calculations used in the design of a major structure.
18.92.080 - Monuments ¶
The subdivider shall install monuments in compliance with Chapter 18.110 (Surveys and Monuments), and the Map Act.
18.92.090 - Parcel and Block Design ¶
The design and configuration of proposed parcels and blocks shall comply with the requirements of Article II (Zoning Districts and Allowable Land Uses). A Tentative Map shall propose no more than one parcel as a designated remainder, or "not a part," and all portions of the designated remainder shall be contiguous.
18.92.095 - Parks and Recreation ¶
A. Park and recreational fee. As a condition of approval of any tentative map, a park and recreational fee in the amount set by Council resolution shall be paid for each and every newly created parcel. Common area, open space, and similar parcels shall be exempt from the fee if enforceable restrictions are imposed on the parcel prohibiting residential development on the parcel. Condominium and townhouse parcels for which recreational facilities impact fees have been paid for the construction of the multi-family residential structure(s) on said parcels shall be exempt from the fee. The fee shall be calculated by multiplying the fair market value of vacant land in Truckee suitable for parkland by the number of acres resulting from the calculation in subsection C below. Any fees collected pursuant to this subsection A shall be expended in compliance with Government Code Section 66477.
B. In-lieu dedication of land. In lieu of the park and recreational fee, a dedication of land for park or recreational purposes within the subdivision may be required as a condition of approval for subdivisions containing more than 50 parcels.
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C. Amount of parkland to be dedicated. Except as otherwise provided by this chapter or Government Code Section 66477 as it may be amended, the number of acres or fraction of an acre of land required to be dedicated for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be five (5) acres per one thousand (1,000) estimated population in the subdivision based on the product of the following:
The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations and the conditionally approved tentative map or parcel map applicable to the subdivision; multiplied by:
The average number of residents per dwelling unit within the incorporated territory of the Town, as determined by the most recent Federal Census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2, of the California Government Code (commencing with Section 40200); multiplied by:
Five thousandths of an acre (.005 acre) per person.
If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be credited against the payment of fees or dedication of land.
18.92.100 - Public Utilities and Utility Easements ¶
Public utilities including electricity, gas, water, sewer, cable television, and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Sections 18.92.120 (Sewage Disposal) and 18.92.170 (Water Supply). The installation of utilities may be waived by the review authority if the review authority finds that not installing the utilities as part of the subdivision improvements to be in the public interest.
A. Underground utilities. Proposed subdivisions shall provide for the undergrounding of existing and proposed utility facilities in compliance with Section 18.30.160 (Undergrounding of Utilities).
B. Utility easements. Where utility easements are required by the review authority, the easement shall comply with the following standards.
1. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the Town Engineer for Town facilities, and the recommendations of the applicable special district or utility company, for public or private utilities.
2. Overhead lines. Easements for overhead utility lines shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.
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18.92.110 - Residential Density ¶
The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the number permitted by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses), and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.
A. Minimum Density Requirements . In order to ensure efficient use of land and an adequate supply of housing to meet the housing needs of all segments of the community, residential subdivisions shall be required to achieve minimum densities consistent with the following:
Projects with 90 percent to 100 percent of the maximum allowable density shall be exempt from providing additional housing units beyond those required under Chapter 18.214 (Inclusionary Housing);
For projects with less than 90 percent of the maximum allowable density, additional inclusionary housing units shall be provided as shown in Table 5-1 below. Examples of small, medium, and large projects are shown in Table 5-2.
TABLE 5-1 MINIMUM DENSITY REQUIREMENT
MINIMUM DENSITY |
REQUIREMENT |
|---|---|
| Minimum Density (% of maximum allowed density for the residential zoning district) |
Additional Required Inclusionary Housing Units (% of maximum density) |
| 90-100% | 0% |
| 80-89% | 5% |
| 70-79% | 10% |
| 60-69% | 15% |
| 50-59% | 20% |
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TABLE 5-2 MINIMUM DENSITY AND INCLUSIONARY HOUSING REQUIREMENT EXAMPLES
EXAMPLES |
|||||
|---|---|---|---|---|---|
| Zoning/Maximum Allowed Density |
Example of Proposed Project |
% of Maximum Allowed Density Proposed |
Number of Additional Required Inclusionary Housing Units |
||
| Small Size Project | 1 du per acre | 16 du on 20 acres | 80% | 1 | |
| Formula | 1 du x 20 acres = 20 du max; 16 du/20 du = 80% of max density. Per Table 5-1, projects at 80% of max density shall provide 5% additional affordable housing units; 5% of 20 units = 1 unit. |
||||
| Medium Size Project | 2 du per acre | 42 dwelling units on 30 acres |
70% | 6 | |
| Formula | 2 du x 30 acres = 60 du max; 42 du/60 du = 70% of max density. Per Table 5-1, projects at 70% of max density shall provide 10% additional affordable housing units; 10% of 60 units = 6 units. |
||||
| Large SizeProject | 15 du peracre | 216 du on 24acres | 60% | 54 | |
| Formula | 15 du x 24 acres = 360 du max; 216 du/360 du = 60% of max density. Per Table 5-1, projects at 60% of max density shall provide 15% additional affordable housing units; 15% of 360 units=54units. |
- All projects must provide a minimum of 50 percent of the maximum allowable density on-site unless an exception is granted by the review authority consistent with Subsection B below, or the review authority approves a Transfer of Development Rights, project phasing plan, or subdivision remainder that would achieve the 50 percent minimum requirement.
B. Exceptions to Minimum Density Requirements . The review authority may waive the requirements of Subsection A.3 above, only if one or both of the following findings can be made:
There are special circumstances applicable to the property such as environmental or other site constraints that preclude construction of the minimum number of dwelling units onsite;
Requiring the minimum density on-site would be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.
18.92.120 - Sewage Disposal ¶
A. Sewage disposal requirements. The following types of subdivisions shall be served by and designed to provide connection to the Truckee Sanitary District and Tahoe Truckee Sanitation Agency sewage collection, treatment and disposal system:
A residential subdivision which proposes five or more parcels;
A residential subdivision which proposes four or fewer parcels, but follows the previous approval of one or more divisions of the same original single parcel from the date of Town incorporation, and has the effect of creating a fifth parcel; and
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- All nonresidential subdivisions except open space/environmental subdivisions.
B. On-site sewage disposal systems. Residential subdivisions of four or fewer parcels in areas without public sewer may be approved for the use of on-site sewage disposal systems, except as otherwise provided by Subsection A.2, above.
C. System design. The design and construction specifications of all sewage collection, treatment, and disposal systems shall be subject to the approval of the Truckee Sanitary District or the Nevada County Environmental Health Department.
18.92.130 - Street Lighting ¶
A proposed subdivision shall incorporate street lighting in compliance with the Public Improvements and Engineering Standards.
18.92.140 - Street Names ¶
All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority at the time of Tentative Map approval. Road naming shall comply with the adopted road naming standards in effect at the time of Tentative Map submittal.
18.92.150 - Storm Drainage and Watercourses ¶
A. Drainage systems required. Subdivisions shall be provided storm drainage facilities as required by this Section, and the Public Improvements and Engineering Standards.
1. Performance and capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the Town Engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed in compliance with the Public Improvements and Engineering Standards. Drainage system design shall avoid unnatural concentrations of storm water runoff and retain existing drainage courses wherever possible.
2. Culverts. Culvert design and construction shall comply with the Public Improvements and Engineering Standards.
3. Location of facilities. Drainage facilities shall be located within a street right-of-way or within public drainage easements.
4. Timing of installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rightsof-way and other subdivision improvements.
B. Drainage easements. Required drainage systems shall be located within drainage easements delineated on the Final Map or Parcel Map, and the easements shall satisfy the following standards.
1. Offer of dedication. Drainage easements shall be offered for dedication in accordance with the Public Improvements and Engineering Standards.
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2. Alignment of easements. The alignment of drainage easements shall conform to the meandering of the natural watercourse or to the alignment approved for the drainage system.
3. Width of easements.
a. Natural channels. A drainage easement for a natural channel is required where determined to be necessary by the Town Engineer. The width of drainage easements for natural channels shall be sufficient to include the 100 year flood plain, plus five feet on either side, but in no case less than 20 feet.
b. Constructed channels. The minimum width of any drainage easement for a closed conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet.
18.92.160 - Traffic Safety Devices ¶
Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public, private and public/private intersections in compliance with Section 18.92.140 (Street Names).
18.92.170 - Water Supply ¶
A. Water supply requirements. Subdivisions proposing parcels of less than three acres shall provide water mains and services, installed to serve each parcel, and connected to the service facilities of the Truckee Donner Public Utility District.
B. On-site wells. Proposed parcels that are three acres or larger and proposed to be served by private wells shall comply with the water supply requirements of the Nevada County Environmental Health Department.
C. Approval requirements. If any part of the water system is to be installed within a street right-of-way, the system location, including valve boxes, meter boxes, and fire hydrants and the system construction specifications shall be subject to the approval of the Town Engineer, and the location of fire hydrants shall also be approved by the Truckee Fire Protection District.
18.92.180 - Zoning Standards ¶
Proposed subdivisions shall be designed to comply with all applicable provisions of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards) of this Development Code. For example, parcel boundaries proposed near existing structures shall comply with the setback requirements of Article II.
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18.94
Residential Subdivision Design Guidelines
– CHAPTER 18.94 RESIDENTIAL SUBDIVISION DESIGN GUIDELINES
Sections:
18.94.010 - Purpose of Chapter 18.94.020 - Applicability 18.94.030 - Development Context and Continuity 18.94.040 - Project Site Planning 18.94.050 - Energy Conservation and Solar Orientation
18.94.010 - Purpose of Chapter ¶
This Chapter provides residential design guidelines to assist project designers and property owners in understanding and implementing the Town’s goals for attaining high quality residential development and for preserving the small town character of its neighborhoods. Truckee neighborhoods are unique and new subdivisions should respect and strengthen existing character, while creating a positive design of their own. These guidelines are not intended to promote one type of development over another. Their primary objective is to encourage well designed residential neighborhoods which:
A. Mitigate the dominance of the automobile;
B. Promote pedestrian and bicycle activity;
C. Provide community open space and opportunities for active and/or passive outdoor recreation;
D. Protect significant features of the natural environment including environmentally sensitive areas;
E. Provide connectivity between neighborhoods and foster community interaction; and
F. Discourage monotonous and sprawling development patterns.
18.94.020 - Applicability ¶
A. The provisions of this Chapter apply to all tentative maps for residential projects.
B. The review authority may exercise discretion in applying these guidelines to specific projects as not all design criteria may be workable or appropriate for each project. In some circumstances, a guideline may be relaxed in order to accomplish another, more important guideline. The overall objective is to ensure that the intent and spirit of the design guidelines are followed, and to attain the best possible project.
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18.94.030 - Development Context and Continuity ¶
Truckee’s unique natural environment defines many of the most important aspects of the town’s community character. The mountain landscape dominates the built environment in Truckee. Scenic views of surrounding mountain peaks and ridgelines, and sweeping vistas of the forested hillsides, meadows, and the Truckee River Valley in which the town lies, provide an environment of uncommon beauty and a powerful connection to the nature. All developers of residential subdivision projects should demonstrate an understanding of this General Plan Community Character Element guiding language as part of the Tentative Map. The following guidelines should be used to prepare residential subdivision tentative maps:
A. Respect existing contexts and natural features.
Identify existing site constraints including environmentally sensitive areas and design open space to encompass these areas. Natural amenities (e.g., views, mature trees, creeks, riparian vegetation, and similar features) should be preserved and incorporated into proposed projects to the greatest extent feasible. See Chapter 18.36 (Hillside Development Standards). See Figure 5-4.
Consider adjacent development and connectivity between built and proposed projects and design homes, open space, subdivision amenities, and infrastructure appropriate for the surrounding context; Subdivisions that appear out of context shall be strongly discouraged;
Design streets, lot locations and dimensions, and infrastructure to blend with existing topography and natural features. Consideration should be given to providing connectivity to adjacent neighborhoods to the greatest extent feasible consistent with Circulation Element policy 2.4; and
Incorporate materials, color schemes, and architectural styles that allow the subdivision to blend into the landscape and rural and mountain environment. The use of rustic and natural material such as stone and wood, and color palettes that reflect the natural environment, are strongly encouraged.
B. Develop “neighborhoods.” New residential subdivisions should ensure that:
They do not significantly change the character of established neighborhoods;
Groups of new projects together create true neighborhoods, not isolated compounds;
Features of the natural landscape are preserved;
Subdivision amenities such as clubhouses and recreation facilities are centrally located to encourage interaction at the neighborhood core;
A variety of housing opportunities can be accommodated within the subdivision (such as small and large units or lots).
Consideration is given to how the subdivision connects to existing community assets such as trail systems, commercial centers, schools, and economic centers.
C. Design connected streets.
- New residential subdivisions should align public streets with those of adjacent developments, avoiding the tendency to become enclaves apart from the rest of the community. Public streets should be planned to be continuous through adjacent
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residential developments, where permitted by terrain and other natural features, to weave the community together and simplify traffic circulation patterns;
Grid street patterns should be used where appropriate to provide alternative traffic routes within subdivisions;
Cul-de-sacs interrupt the pattern of connecting streets, thereby decreasing accessibility within and between adjacent neighborhoods. The used of cul-de-sacs is strongly discouraged except where through connections would degrade existing environmentally sensitive areas or where pedestrian and/or bicycle trail connections are desired.
==> picture [381 x 220] intentionally omitted <==
----- Start of picture text -----
DO THIS: NOT THIS:
Diagram of residential grid street Diagram of residential cul-de-sac
pattern. Traffic is evenly distributed street pattern. Fewer route choices
and more pedestrian opportunities are provided and pedestrian
!
are provided. opportunities are discouraged.
----- End of picture text -----
FIGURE 5-1 CONNECTED STREETS
D. Fences.
Fences along ridges should be of “open” construction to allow for protection of scenic views.
Fencing adjacent to open space areas should be of a wood-rail type. Fencing should have a maximum height of four feet, with horizontal rails or open wire sufficiently spaced to restrict trespassing and to provide security, but to allow for animal movement (deer, etc.) across these areas. See Figure 5-3.
==> picture [129 x 129] intentionally omitted <==
- Fencing of subdivision perimeters is strongly discouraged.
FIGURE 5-2 APPROPRIATE FENCING
- E. Rural Residential Subdivisions. New projects and additions to existing projects located within rural residential neighborhoods, as identified in General Plan Community Character Element Figure CC-2, should maintain a rural character as follows:
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The overall appearance of a natural mountain landscape should be preserved. Site design should emphasize retention of native and mature vegetation, especially along roadways, within front yards, and surrounding trails and subdivision amenities.
Pedestrian facilities should be provided along at least one side of major roadways.
Provide transitional areas between the natural environment and the urban fringe (e.g. a home with formal landscaping close to the residence that shifts to a more “natural landscape” and ultimately to undeveloped areas beyond). “Soft” or feathered edges should be created rather than “hard edges” or more abrupt transitions created by building edges or walls.
Homes should be screened from roadways;
18.94.040 - Project Site Planning ¶
The following guidelines relate to the internal organization of residential subdivisions. The intent of these guidelines is to ensure that the relationships between housing units and to other on-site uses are attractive and create visual variety along project streets.
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FIGURE 5-3 INCORPORATING NATURAL AMENITIES
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A. Site design should not change natural drainage patterns. Site grading should be sensitive to existing landforms and topography so that the natural setting may be preserved to the greatest extent possible. When modifications are necessary, surface drainage with appropriate retention facilities is preferred to underground systems.
B. Subdivisions for detached single-family homes should be designed with varied front and side yard setbacks. Long monotonous rows of homes set at the same setback are strongly discouraged. See Figure 5-5.
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FIGURE 5-4 VARIED ENTRY SETBACKS
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C. Single-family parcels should avoid a patterned “cookie cutter” look by employing a variety of lot sizes, widths, and shapes, whenever possible, except where this pattern has already been established in the neighborhood. See Figure 5-6.
D. Existing healthy mature trees should be preserved and incorporated into project landscaping to the greatest extent feasible.
E. Development on sloping sites should follow the natural contours of the land. Stepped building pads, and larger setbacks should be FIGURE 5-5 used to preserve the general shape of natural VARIED PARCEL DESIGN land forms and to minimize grade differentials with adjacent streets and with adjoining properties. See Chapter 18.36 (Hillside Development Standards), and Figure 5-7.
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FIGURE 5-6 DESIGN SENSITIVE TO TERRAIN
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H. Snow storage areas should be incorporated into subdivision site design. Sufficient snow storage areas should be provided on cul-de-sacs and at street corners to ensure adequate snow storage within the subdivision. The location, dimensions, improvements, and type (i.e., rightof-way vs. easement) shall be determined by the Town Engineer. Off-hauling of snow shall be discouraged unless a finding of necessity is made by the Town Engineer and adopted by the review authority with the tentative map. Snow storage from streets onto private property is not allowed unless snow storage easements are established. Provisions should be included so that sidewalks are not covered with snow by snow plowing operations.
I. Curb-adjacent sidewalks create an undesirable urban appearance and are strongly discouraged. Detached sidewalks or pedestrian paths separated from the road with variable-width parkways are preferred.
J. New roads and roadway improvements should be located, constructed, and maintained in a manner that prevents adverse impacts to water quality and significant biological, scenic, and historic resources.
18.94.050 - Energy Conservation and Solar Orientation ¶
The consideration of passive solar energy techniques in subdivision design is strongly encouraged, where not in conflict with the objective of preserving the natural features of the site.
- A. Street orientation. Streets that run generally east and west are encouraged because they increase the likelihood and desirability of houses sited with solar access to the south. Southwall glass is important to providing maximum passive solar heating. Where streets do run primarily east and west, solar access can still be provided by creative lot configuration and siting of units on the lots. See Figure 5.8.
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FIGURE 5-7 SOLAR ORIENTATION OF PARCELS
- B. Setbacks. Placing a house near the north boundary of its lot allows a major portion of the open space to the south of each unit to be controlled by the owner of the house rather than by an adjacent neighbor. Flexibility in setback requirements may be considered to achieve adequate solar orientation when other aspects of the project are also designed to incorporate passive heating and cooling techniques. See Figure 5-9.
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C. Siting. In general, houses should be sited so that south-facing glass is maximized, east- and west-facing glass is minimized. Units attached in preferred east-west directions should not be staggered so as to block south glass collector surfaces. Also, units should not be sited closer to northern units than solar access angles will allow. See Figure 5-10.
D. Compact design. Minimize heat loss by reducing the area of exterior wall and roof surfaces. Use a compact design, (i.e., a two-story house), rather than have the same amount of floor space spread out on a single story.
E. Roof pitch and color. In a snow country climate, the need for heating is greater than the need for cooling. Dark colored rooftops, if steep enough, can absorb solar energy and can add some of this heat to the interior of the structure.
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Urban Lot Split and Two-Unit Projects (Senate Bill 9)
– CHAPTER 18.95 URBAN LOT SPLIT AND TWO-UNIT PROJECTS (SENATE BILL 9)
Sections:
18.95.010 – Urban Lot Splits, Purpose of Chapter 18.95.020 – Urban Lot Split Preparation, Application Contents, Approval 18.95.030 – Two-Unit Projects, Purpose of Section 18.95.040 – Two-Unit Projects Preparation, Application Contents, Approval
18.95.010 – Urban Lot Splits, Purpose of Chapter ¶
This chapter establishes requirements for the preparation, filing, approval and recordation of Urban Lot Splits and Two-Unit Projects, consistent with the requirements of Government Code section 66411.7, enacted in 2020 as part of SB 9.
18.95.020 - Urban Lot Split Preparation, Application Contents, Approval ¶
A. Definition . An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
B. Application . Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.
An application for an urban lot split must be submitted on the Town’s approved form. Only a complete application will be considered. The Town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
The Town may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Town Council may establish and change the fee by resolution. The fee must be paid with the application.
C. Approval . An application for a Parcel Map for an urban lot split shall be approved or denied ministerially, by the Director, without discretionary review.
- A Tentative Parcel Map for an urban lot split shall be approved ministerially if it complies with all the requirements of this section. Recordation of a Tentative Parcel Map is not required. A Final Parcel Map shall be approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The expiration date of the Tentative Map is determined by Subdivision Map Act Sections 66452.6 and 66463.5 and Development Code Section
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18.96.140. An approved Tentative Map is valid for 24 months after its effective date (Section 18.96.090).
The approval must require the owner and applicant to hold the Town harmless from all claims and damages related to the approval and its subject matter.
The approval must require the owner and applicant to reimburse the Town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
The lot created pursuant to the Urban Lot Split cannot be sold/transferred until the Final Parcel Map has been recorded.
D.
Requirements . An urban lot split must satisfy each of the following requirements:
1. Map Act Compliance . The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section. If an urban lot split violates any part of the SMA, the Town’s subdivision regulations, including this section, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The Town has all the remedies available to it under the SMA, including but not limited to the following:
(1) An action to enjoin any attempt to sell, lease, or finance the property.
(2) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(3) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(4) Record a notice of violation.
(5) Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
2. Zone. The lot to be split is located in the RL (Low Density Residential) or DRL (Downtown Low Density Residential) zone districts.
3. Lot Location . The lot to be split is not located on a site that is any of the following:
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a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all firehazard mitigation measures required by the Truckee Fire Protection District.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
The purpose of the above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.
4. Not Historic . The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Prior Urban Lot Split . The lot to be split was not established through a prior urban lot split.
- a. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. “Any person acting in concert with the owner” here includes any
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third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
6. No Impact on Protected Housing . The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
- (1) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart (D)(6) is satisfied. The sworn statement must state that: - (a) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered. - (b) No housing that is subject to any form of rent or price control will be demolished or altered. - (c) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. - (d) No housing that has been occupied by a tenant in the last three years will be demolished or altered.- (2) The Town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the Town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
7.
Lot Size . The lot to be split must be at least 2,400 square feet.
a. The resulting lots must each be at least 1,200 square feet.
b. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
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- c. The Lot width standards listed in Table 2-4 of Section 18.08.040 (Residential Zoning District General Development Standards) do not apply
8. Easements . The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
a. Each easement must be shown on the Tentative Parcel Map.
b. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the Final Map may be approved, in accordance with subpart (C)(1) above.
c. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the Town will provide, a notice of termination of the easement, which the owner may record.
9. Lot Access . Each resulting lot must have access to, provide access to, or adjoin the public right of way. Access shall comply with Section 18.30.020 (Access, General Standard).
a. Each resulting lot must have frontage on the public right of way of at least 20 feet.
b. Access driveways shall be developed in compliance with the standards in Section 18.48.080 (Driveways and Site Access).
10. Unit Standards .
a. Quantity . No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 18.95.040 of this code, an ADU, or a JADU
b. Unit Size . There is no minimum or maximum size of each unit, other than the limits which result from the site coverage, setback, height, FAR (if applicable) and site disturbance standards established in Table 2-4 of Section 18.08.040 (Residential Zoning District General Development Standards.
11. Height Restrictions . No new primary dwelling unit may not exceed 35 feet or three stories, whichever is less, measured in accordance with Section 18.30.090 (Height Measurement and Height Limit Exceptions).
12. Lot Coverage . For lots in size ranging from 1,200 square feet to 5,000 square feet, the maximum lot coverage standard is 70%. For lots ranging in size from 5,001 square feet to 10,000 square feet, the maximum lot coverage standard is 50%. For lots greater than 10,000 square feet, the maximum lot coverage standard is 40%. These standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot at 800 square feet each.
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13. Setbacks . All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
a. Exceptions . Notwithstanding the above:
- (1) **Existing Structures** . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. - (2) **800 square feet; four-foot side yard and rear yard** . The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being a maximum of 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. Any portion of a primary dwelling unit proposed within four to 10 feet of a side yard or rear yard, shall be designed with a flat roof. The pitch of this roof shall not exceed 0.25:12.- b. Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. There are no exceptions to this standard unless this standard would prevent two primary dwelling units on the lot at 800 square feet each.
14. Parking . Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or, a site that contains:
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.
15. Nonconforming Conditions . An urban lot split shall be approved without requiring a legal nonconforming zoning condition to be corrected.
16. Utilities . Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
- a. All water supply and sewage shall be provided by an established community system or by an on-site system approved by the Nevada County Environmental Health Department. A dwelling shall not be allowed on a parcel that is served by
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an on-site septic system unless approval is obtained from the Nevada County Environmental Health Department and the unit complies with the Lahontan Regional Water Quality Control Board requirements.
17. Building & Safety . All new structures built on the lot must comply with all current local building standards. An urban lot split shall be considered a change of use.
18. Fire-Hazard Mitigation Measures . A lot in a very high fire hazard severity zone must comply with all of the Truckee Fire Protection District fire hazard mitigation measures for residential construction.
19. Separate Conveyance . Within a resulting lot:
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
- (1) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
20. Regulation of Uses.
a. Residential uses. No non-residential use is permitted on any lot created by an urban lot split.
b. Short-term rentals are prohibited . No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
c. Owner Occupancy . The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
21. Deed Restriction . The owner must record a deed restriction, acceptable to the Town, that does each of the following:
- a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
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b. Expressly prohibits any non-residential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an urban lot split and is therefore subject to the Town’s urban lot split regulations, including all applicable limits on dwelling size and development.
22. Specific Adverse Impacts . Notwithstanding anything else in this section, the Town may deny an application for an urban lot split if the Chief Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
a. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2, as it may be amended from time to time. As of January 1, 2022, this subsection provides as follows: “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
b. The Chief Building Official may consult with and be assisted by Planning Division staff and others as necessary in making a finding of specific, adverse impact.
18.95.030 - Two-Unit Projects, Purpose of Section ¶
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B. Definition . A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
18.95.040 - Two-Unit Projects Preparation, Application Contents, Approval ¶
A. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
B. An application for a two-unit project must be submitted on the Town’s approved form.
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C. For any lot created in violation of the SMA, the applicant must obtain a certificate of compliance with the SMA for the lot and provide the certificate with the application.
D. Only a complete application will be considered. The Town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
E. The Town may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Town Council may establish and change the fee by resolution. The fee must be paid with the application.
F. Approval. An application for a two-unit project shall be approved or denied ministerially, by the Director, without discretionary review.
The ministerial approval of a two-unit project does not take effect until the Town has confirmed that the required documents have been recorded, such as the deed restriction and easements.
The approval must require the owner and applicant to hold the Town harmless from all claims and damages related to the approval and its subject matter.
The approval must require the owner and applicant to reimburse the Town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
G. Requirements . A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance . The lot must have been legally created.
2. Zone. The lot is located a single-family residential zone, which only includes lots in the RL (Low Density Residential) and DRL (Downtown Low Density Residential) zone districts.
3. Lot Location . The lot is not located on a site that is any of the following:
- a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. - b. A wetland. - c. Within a very high fire hazard severity zone, unless the site complies with all firehazard mitigation measures required by the Truckee Fire Protection District. - d. A hazardous waste site that has not been cleared for residential use.e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
- f. Within a 100-year flood hazard area, unless the site has either:
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(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
The purpose of the above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.
4. Not Historic . The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Impact on Protected Housing . The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
- (1) As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart (G)(5) is satisfied. The sworn statement must state that:
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(a) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(b) No housing that is subject to any form of rent or price control will be demolished or altered.
(c) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(d) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
(2) The Town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the Town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6. Unit Standards .
a. Quantity . No more than two dwelling units of any kind may be built on a lot that was created by an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 18.95.030 of this code, an ADU, or a JADU. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU and/or JADU that must be allowed under state law and the Town’s ADU ordinance.
b. Unit Size . There is no minimum or maximum size of each unit, other than the limits which result from the site coverage, setback, height, FAR (if applicable) and site disturbance standards established in Table 2-4 of Section 18.08.040 (Residential Zoning District General Development Standards.
7. Height Restrictions . No new primary dwelling unit may exceed 35 feet or three stories, whichever is less, measured in accordance with Section 18.30.090 (Height Measurement and Height Limit Exceptions).
8. Demolition Cap . The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
9. Lot Coverage . For lots in size ranging from 1,200 square feet to 5,000 square feet, the maximum lot coverage standard is 70%. For lots ranging in size from 5,001 square feet to 10,000 square feet, the maximum lot coverage standard is 50%. For lots greater than 10,000 square feet, the maximum lot coverage standard is 40%. These standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot at 800 square feet each.
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10. Setbacks . All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
a. Exceptions . Notwithstanding the above:
- (1) Existing Structures . No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(2) 800 square feet; four-foot side yard and rear yard . The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. Any portion of a primary dwelling unit proposed within four to 10 feet of a side yard or rear yard, shall be designed with a flat roof. The pitch of this roof shall not exceed 0.25:12.
- b. Front Setback Area . Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. There are no exceptions to this standard unless this standard would prevent two primary dwelling units on the lot at 800 square feet each.
11. Parking . Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or, a site that contains:
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location.
12. Nonconforming Conditions . A two-unit project shall be approved without requiring a legal nonconforming zoning condition to be corrected.
13. Utilities . Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
- a. All water supply and sewage shall be provided by an established community system or by an on-site system approved by the Nevada County Environmental
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Health Department. A dwelling shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Nevada County Environmental Health Department and the unit complies with the Lahontan Regional Water Quality Control Board requirements.
14. Building & Safety . All new structures built on the lot must comply with all current local building standards.
15. Fire-Hazard Mitigation Measures . A lot in a very high fire hazard severity zone must comply with all of the Truckee Fire Protection District fire hazard mitigation measures for residential construction.
16. Separate Conveyance .
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
d. No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
17. Regulation of Uses.
a. Residential-only . No non-residential use is permitted on the lot.
b. No STRs . No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy . Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
18. Deed Restriction . The owner must record a deed restriction, acceptable to the Town, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
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d. If the lot does undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.
20. Specific Adverse Impacts . Notwithstanding anything else in this section, the Town may deny an application for a two-unit project if the Chief Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
a. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2, as it may be amended from time to time. As of January 1, 2022, this subsection provides as follows: “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
b. The Chief Building Official may consult with and be assisted by Planning Division staff and others as necessary in making a finding of specific, adverse impact.
21. Remedies . If a two-unit project violates any part of this code or any other legal requirement:
a. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
b. The Town may:
(1) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(2) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(3) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(4) Record a notice of violation.
(5) Withhold any or all future permits and approvals.
(6) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the municipal code.
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