Article VI

Development Code Administration

Chapter 18.120 - Administrative Responsibility ............................................................................ VI-3 18.120.010 - Purpose of Chapter ........................................................................................... VI-3 18.120.020 - Planning Agency Defined ................................................................................ VI-3 18.120.030 - Planning Commission ...................................................................................... VI-3 18.120.040 - Zoning Administrator ....................................................................................... VI-4 18.120.050 - Community Development Director .................................................................. VI-4 18.120.060 - Housing Discrimination ................................................................................... VI-4 Chapter 18.130 - Nonconforming Uses, Structures, and Parcels ................................................. VI-5 18.130.010 - Purpose of Chapter ........................................................................................... VI-5 18.130.020 - Definitions ........................................................................................................ VI-5 18.130.030 - Nonconforming Uses ....................................................................................... VI-8 18.130.040 - Nonconforming Structures ............................................................................... VI-8 18.130.050 – Loss of Nonconforming Status ...................................................................... VI-10 18.130.060 - Nonconforming Parcels .................................................................................. VI-11 18.130.070 – Reactivation of Use ....................................................................................... VI-11 18.130.080 - Extensions of Time for Discontinuance ......................................................... VI-12 18.130.090 - Unlawful Uses and Structures ........................................................................ VI-12 18.130.100 - Nuisance Abatement ...................................................................................... VI-12 Chapter 18.140 - Appeals ............................................................................................................... VI-13 18.140.010 - Purpose of Chapter ......................................................................................... VI-13 18.140.020 - Allowable Appeals ......................................................................................... VI-13 18.140.030 - Filing and Processing of Appeals ................................................................... VI-13 Chapter 18.150 - Development Agreements ................................................................................. VI-17 18.150.010 - Purpose of Chapter ......................................................................................... VI-17 18.150.020 - Application ..................................................................................................... VI-17 18.150.030 - Public Hearings .............................................................................................. VI-18 18.150.040 - Findings and Decision .................................................................................... VI-19 18.150.050 - Content of Development Agreement ............................................................. VI-19 18.150.060 - Execution and Recordation ............................................................................ VI-20 18.150.070 - Environmental Review ................................................................................... VI-21 18.150.080 - Periodic Review ............................................................................................. VI-21 18.150.090 - Amendments to an Approved Development Agreement ............................... VI-21 18.150.100 - Effect of Development Agreement ................................................................ VI-21 18.150.110 - Approved Development Agreements ............................................................. VI-22 Chapter 18.160 - General Plan, Zoning Map, and Development Code Amendments .............. VI-23 18.160.010 - Purpose of Chapter ......................................................................................... VI-23 18.160.020 - Initiation of Amendments .............................................................................. VI-23

.......................................... VI-22 Chapter 18.160 - General Plan, Zoning Map, and Development Code Amendments .............. VI-23 18.160.010 - Purpose of Chapter ......................................................................................... VI-23 18.160.020 - Initiation of Amendments .............................................................................. VI-23

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

Contents

18.160.030 - Notice and Hearing ........................................................................................ VI-23 18.160.040 - Commission’s Action on Amendments ......................................................... VI-24 18.160.050 - Council’s Action on Amendments ................................................................. VI-24 18.160.060 - Findings for Amendments .............................................................................. VI-24 18.160.070 - Conditional Rezonings ................................................................................... VI-25 Chapter 18.170 - Specific Plans ..................................................................................................... VI-27 18.170.010 - Purpose of Chapter ......................................................................................... VI-27 18.170.020 - Specific Plan Preparation and Content ........................................................... VI-27 18.170.030 - Filing and Processing ..................................................................................... VI-28 18.170.040 - Adoption of Specific Plan .............................................................................. VI-29 18.170.050 - Implementation, Amendments ....................................................................... VI-29 Chapter 18.174 - Master Plans ...................................................................................................... VI-31 18.174.010 - Purpose of Chapter ......................................................................................... VI-31 18.174.020 - Master Plan Preparation and Content ............................................................. VI-31 18.174.030 - Filing and Processing ..................................................................................... VI-32 18.174.040 - Adoption of Master Plan ................................................................................ VI-33 18.174.050 - Land Uses and Densities ................................................................................ VI-33 18.174.060 - Findings and Decision .................................................................................... VI-33 18.174.070 - Amendments .................................................................................................. VI-34 Chapter 18.180 - Public Hearings ................................................................................................. VI-35 18.180.010 - Purpose of Chapter ......................................................................................... VI-35 18.180.020 – Notice of Application .................................................................................... VI-35 18.180.030 - Notice of Hearing ........................................................................................... VI-36 18.180.040 - Notice of Decision - Zoning Administrator ................................................... VI-38 18.180.050 - Notice of Decision - Commission .................................................................. VI-38 18.180.060 - Effective Date of Decision ............................................................................. VI-38 18.180.070 - Recommendation by Commission ................................................................. VI-38 18.180.080 - Notice of Decision - Council ......................................................................... VI-38 Chapter 18.190 - Revocations and Modifications ........................................................................ VI-39 18.190.010 - Purpose of Chapter ......................................................................................... VI-39 18.190.020 - Hearings and Notice ....................................................................................... VI-39 18.190.030 - Review Authority Action ............................................................................... VI-39 Chapter 18.200 - Enforcement ...................................................................................................... VI-41 18.200.010 - Purpose of Chapter ......................................................................................... VI-41 18.200.020 - Authority to Issue Citations ........................................................................... VI-41 18.200.030 - Remedies are Cumulative .............................................................................. VI-41 18.200.040 - Inspection ....................................................................................................... VI-42 18.200.050 - Initial Enforcement Action ............................................................................. VI-42 18.200.060 - Violations ....................................................................................................... VI-46 18.200.070 - Legal Remedies .............................................................................................. VI-47 18.200.080 - Recovery of Costs .......................................................................................... VI-49

.. VI-42 18.200.060 - Violations ....................................................................................................... VI-46 18.200.070 - Legal Remedies .............................................................................................. VI-47 18.200.080 - Recovery of Costs .......................................................................................... VI-49

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VI-2

TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

Administrative Responsibility

18.120

– CHAPTER 18.120 ADMINISTRATIVE RESPONSIBILITY

Sections:

18.120.010 - Purpose of Chapter 18.120.020 - Planning Agency Defined 18.120.030 - Planning Commission 18.120.040 - Zoning Administrator 18.120.050 - Community Development Director 18.120.060 - Housing Discrimination

This Chapter describes the authority and responsibilities of Town staff and official bodies in the administration of this Development Code, in addition to the Council.

The functions of a Planning Agency shall be performed by the Truckee Town Council, Planning Commission, Zoning Administrator, Community Development Director, and Community Development Department in compliance with State law (Government Code Section 65100), and the Municipal Code.

• A. Appointment and Meetings. Appointments to the Commission and the scheduling and conduct of Commission meetings shall be in compliance with Chapter 2.06 of the Municipal Code.

• B. Duties and authority. The Commission shall:

  1. Conduct public hearings and approve or deny applications for Development Permits, Planned Developments, Reversions to Acreage, Tentative Maps, and Use Permits; and make recommendations to the Council on Development Agreements, Development Code and Zoning Map Amendments, General Plan Amendments, Specific Plans, environmental documents, and other applicable policy or ordinance matters related to the Town's planning process; and

  2. Perform any other responsibilities assigned by the Council.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

Administrative Responsibility

18.120

• A. Appointment. The Community Development Director shall serve as the Zoning Administrator, who may delegate authority to the staff to carry out the responsibilities of the Zoning Administrator.

• B. Duties and authority. The Zoning Administrator shall:

  1. Have the responsibility and authority to conduct public hearings and approve or deny applications for Certificates of Compliance, Minor Use Permits, Variances, Tentative Maps for subdivision of four or fewer parcels, and Reversions to Acreage involving four or fewer parcels;

  2. Perform the duties and functions prescribed in this Development Code, including the review of development projects, in compliance with this Development Code and the California Environmental Quality Act (CEQA); and

  3. Perform any other responsibilities assigned by the Council.

• A. Appointment. The Community Development Director shall be appointed by the Town Manager.

• B. Duties and authority. The Community Development Director shall:

  1. Head and manage the functions of the Community Development Department;

  2. Have the responsibility and authority to approve or deny applications for Interpretations, Lot Line Adjustments, Sign Permits, Temporary Use Permits, and Zoning Clearances; and

  3. Perform any other responsibilities assigned by the Town Manager and/or Council.

The responsibilities of the Community Development Director may also be carried out by the Department staff under the supervision of the Community Development Director.

A Town official or official body, including the Town Council, shall not take any action that discriminates against any residential development, senior citizen/disabled congregate care facility, emergency shelter, or transient living center because of the method of financing or the race, sex, religion, national origin, marital status, or disability of its owners or intended occupants.

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VI-4

TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

Nonconforming Uses, Structures, and Parcels

18.130

– CHAPTER 18.130 NONCONFORMING USES, STRUCTURES, AND PARCELS

Sections:

18.130.010 - Purpose of Chapter 18.130.020 - Definitions 18.130.030 - Nonconforming Uses 18.130.040 - Nonconforming Structures 18.130.050 - Loss of Nonconforming Status 18.130.060 - Nonconforming Parcels 18.130.070 - Reactivation of Use 18.130.080 - Extensions of Time for Discontinuance 18.130.090 - Unlawful Uses and Structures 18.130.100 - Nuisance Abatement

• A. Nonconforming regulations. This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, or restricted differently under the current terms of this Development Code or future amendments.

• B. Discourage long-term continuance. It is the intent of this Development Code to discourage the long-term continuance of nonconformities other than residential uses, generally providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this Chapter.

The following are definitions of special terms and phrases used in this Chapter. Other general definitions are provided in Chapter 18.220 (Definitions/Glossary).

• A. Catastrophic event. A fire, explosion, flood, earthquake, or similar disaster not caused by the property owner or his or her agent.

• B. Discontinuance of a nonconformity. The following Subsections serve to define the concept of discontinuance. Discontinuance may still occur even with the situation identified in Subsection B.4, below.

1. Discontinuance is typically evidenced by:

• a. The removal of equipment, furniture, improvements, inventory, machinery, structures, or other components so as to make the use inoperable; and/or

• b. The lack of on-site pedestrian or vehicular activity (e.g., customers, deliveries, employees, etc.) on a daily basis, which was evident before the discontinuance.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

2. Lack of business receipts/records. Where there are no business receipts/records available to provide evidence that the use is and has been in continual operation.

3. The discontinuance may be by:

  - a. Voluntary action of the owner/operator; 

  - b. Involuntary discontinuance due to: 

     - (1) Dilapidation of the site and/or structure(s); 

     - (2) Failure of the owner/operator to abide by State and/or non-zoning local laws (e.g., required compliance with annual health inspections, payment of sales tax or Transient Occupancy Tax); or 

  - c. Only a portion of the use, whether voluntary or involuntary. In this case the Director shall determine if the partial discontinuance is enough to make the use inoperable. 

4. Structure(s) are unoccupied but still connected to services. The site and/or structure(s) appear to be unoccupied even though they are still connected to services (e.g., cable television, electricity, protection alarm, sewer, telephone, water, etc.), or the owner/operator is still paying the required bills (maintenance, mortgage, phone, rent, utilities), etc.

5. Termination of nonconforming rights. Application of the definitions above shall render the discontinuance complete and all rights to reestablish or continue the nonconforming use shall terminate.

• C. Intensification of a nonconformity. A change in the use of a site, or structure, where the:

  1. More parking required. New or modified use is required by Chapter 18.48 (Off-Street Parking and Loading) to provide more off-street parking spaces than the former use; or

  2. Change in operational characteristics. Owner/operator implements a change in the operational characteristics of the use (e.g., increase in the number of days and/or hours of operation), which have the ability to generate more activity on the site.

• D. Nonconforming parcels. A parcel of record that was legally created before the adoption of this Development Code and which does not comply with the access, area, or width requirements of this Development Code for the zoning district in which it is located.

• E. Nonconforming signs. A sign of record (residence, business, or commercial/industrial center) that was legally created before the adoption of this Development Code and which does not comply with the sign standards and other applicable development standards of this Development Code.

• F. Nonconforming structure. A structure that was legally constructed before the adoption of this Development Code and which does not comply with applicable development standards (e.g. maximum lot coverage, setbacks, etc.) of this Development Code.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

• G. Nonconforming use. A use of land and/or within a conforming or nonconforming structure that was legally established and maintained before the adoption of this Development Code or amendment, but does not conform to the current Development Code requirements.

• H. Normal repair and maintenance. Normal site or structure repair and maintenance includes the following:

1. Site — Fix up or replace on-site:

  - a. Fences and/or walls; 

  - b. Landscaping, including the planting of new ground cover, scrubs, and trees; 

  - c. Paving or repaving, and striping of parking and circulation areas; or 

  - d. Service facilities (drainage, irrigation components, and utility service connections). 

2. Structure — Fix up or replace:

  - a. Exterior doors, siding, or windows; or 

  - b. Roof, service connections, or sewer/water system. 

3. Replacement materials. The replacement materials identified in Subsection H above shall maintain the same visual appearance and characteristics of the original materials, ensuring compatibility of the replacement materials with the site or structure.

4. Exterior painting, stuccoing, or texture coating.

5. New construction not included. Normal site or structure repair and maintenance does not include the following examples:

  - a. New on-site construction; 

  - b. Additions to existing structure(s); or 

  - c. Grading and paving for a new or expanded parking area on previously vacant land. 

• I. Structural alterations. Any exterior or interior alteration(s) to the structure which requires a Town approved (e.g., discretionary or nondiscretionary) permit (e.g., Building Permit) before construction and/or operations on the site may be initiated.

• J. Total costs for repair/maintenance and investment improvements. The expenditure of funds for both labor and materials to complete the repairs, maintenance, and investment improvements. The construction of new expansions or additions to a nonconforming structure, which comply with all applicable standards and guidelines of the Development Code, shall not count towards the costs of repair/maintenance and investment improvements. Once the expansion or addition is completed, the expansion or addition shall be considered part of the nonconforming structure, and any subsequent repair/maintenance and investment improvements to the expansion or addition shall be counted towards the costs for

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VI-7

TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

repair/maintenance and investment improvements allowed for a nonconforming structure. The values for labor and materials shall be verified by a licensed contractors estimate. If the work will be conducted by the owner, the owner shall provide an estimate of the labor hours to complete the work and an estimate of the typical labor costs for the Truckee region for such similar work.

Nonconforming uses may be continued subject to the following regulations:

• A. Change of ownership, tenancy or management of a nonconforming use shall not affect its legal, nonconforming status.

• B. A nonconforming use may be continued and a nonconforming use may be changed to another nonconforming use provided:

  1. A nonconforming use may be replaced with another, provided that a Zoning Clearance is approved by the Director. The Zoning Clearance shall be issued in conformance with Chapter 18.72 (Zoning Clearance), including the requirement to mail notice of the Director’s intent to properties within 500 feet of the boundary which is the subject of the Zoning Clearance. The Director must find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established.

  2. Nonconforming residential uses may be continued without limitation by this Section, and if involuntarily damaged or destroyed, may be reconstructed or replaced with a new structure with the same footprint and height, in compliance with current California Building Code requirements.

• C. A lot occupied by a legal, nonconforming use may be further developed by the addition of conforming uses and structures, provided a Zoning Clearance is approved by the Director. The Zoning Clearance shall be issued in conformance with Chapter 18.72 (Zoning Clearance), including the requirement to mail notice of the Director’s intent to properties within 500 feet of the boundary which is the subject of the Zoning Clearance.

Nonconforming structures may continue to be used subject to the following regulations:

• A. Residential Structures . Changes to structural elements, interior partitions or other nonstructural improvements and repairs may be made to nonconforming residential structures, including residential accessory structures. Changes which further exacerbate or increase the nonconformity of the structure may be approved, provided a Zoning Clearance is approved by the Director. The Zoning Clearance shall be issued in conformance with Chapter 18.72 (Zoning Clearance), including the requirement to mail notice of the Director’s intent to properties within 500 feet of the boundary which is the subject of the Zoning Clearance. In addition to the standard Zoning Clearance findings, the Director shall also find that change is compatible with and shall maintain the surrounding neighborhood character and would not adversely impact the surrounding properties. An addition or modification to a single-family dwelling

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

within the side yard setback shall be reviewed in accordance with Section 18.30.120.F.7.c (Side Setback for Nonconforming Structure).

The conversion of non-habitable floor space (e.g., garage space, storage area) into habitable floor space may be allowed within a nonconforming garage structure (attached or detached) subject to the following: the garage complies with the front yard and rear yard setbacks for habitable space; the conversion will not result in further encroachment into the side yard setback; and the conversion complies with all other applicable Development Code provisions (detached living area, residential accessory structures, etc.). All other situations involving nonconforming garages (e.g., conversion of floor space in a garage that encroaches into the front yard setback) shall require a Minor Use Permit or Variance.

1. Single-Family. Nonconforming single family residential dwelling units including accessory dwelling units, involuntarily damaged or destroyed due to a catastrophic event, may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g. development envelope, density, and footprint standards).

• a. The building permit(s) for the reconstruction or replacement of the nonconforming single-family residential structure(s) with a new structure(s) shall be issued within one year from the date of the catastrophic event and construction shall be completed within two years from the date of issuance of the building permit(s).

• b. The reconstruction or replacement of the nonconforming single-family residential structure(s) with a new structure(s) in the 100-year floodplain and/or an avalanche hazard zone shall be in compliance with all applicable requirements of Chapter 18.34 (Floodplain Management) and Section 18.20.060 (Snow Avalanche Overlay District) and shall not exacerbate the non-conformity.

2. Multifamily. Nonconforming multifamily residential dwelling units, involuntarily damaged or destroyed due to a catastrophic event, may be reconstructed or replaced with a new structure(s) of an equivalent number of dwelling units and size in compliance with State law (Government Code Sec. 65852.25) and the standards of this Section. Multifamily is defined as two or more dwelling units on a single parcel for the purposes of this Section.

• a. The multifamily reconstruction shall be in compliance with all applicable Development Code requirements provided that the pre-damaged size and number of dwelling units shall be allowed. The Director may waive or reduce requirements if compliance with such requirements would result in the size and/or number of dwelling units being less than that in existence prior to damage or destruction.

• b. The building permit(s) for the reconstruction or replacement of the nonconforming residential structure(s) with a new structure(s) shall be issued within one year from the date of the catastrophic event and construction shall be completed within two years from the date of issuance of the building permit(s).

• c. The reconstruction or replacement of the nonconforming residential and nonresidential structure(s) with a new structure(s) in the 100-year floodplain and/or an avalanche hazard zone shall be in compliance with all applicable requirements of

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VI-9

TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

Chapter 18.34 (Flood Plain Management) and Section 18.20.060 (Snow Avalanche Overlay District) and shall not exacerbate the non-conformity.

• B . Non-Residential Structures . Changes to structural elements or other nonstructural improvements and repairs of non-residential structures shall comply will all applicable standards and guidelines of this Development Code. Any intensification to a nonconforming structure shall comply with all applicable standards and guidelines of this Development code. An interior remodel which does not result in either an expansion or intensification of use, is allowed without limitation.

• C . Historic Structures. Exceptions to this chapter may be granted by the Director for historic structures designated as such in any list or General Plan element adopted by the Town. In granting an exception, the Direction shall find that the proposed addition(s) or modification(s) are compatible with the surrounding neighborhood and do not impair the historic integrity of the structure.

A. Termination by discontinuance.

1. If a nonconforming use of land, nonconforming use of a conforming structure or nonconforming structure is discontinued for a continuous period of 180 days or more, all rights to legal nonconforming status shall terminate.

2. The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation as defined within this Chapter.

3. Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the regulations of the applicable zone and all other applicable provisions of this Development Code.

• B. Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Sections 18.130.040 A and C, above for dwellings, and except as follows:

  1. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 12 months following the date of damage and is completed within two years.

  2. Minor Use Permit approval shall be approved to maintain the nonconformity if the cost of repairing or replacing the damaged portion of the structure is more than 50 percent of the assessed value of the structure immediately before the damage. Minor Use Permit approval shall require a finding, in addition to those required in Section 18.76.030 (Use Permits and Minor Use Permits), that the benefit to the public health, safety, or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

3. Repair or replacement cost shall be determined by the Chief Building Official, whose decision may be appealed to the Council.

A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Development Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets at least one of the five criteria specified by Subsection A.

• A. Criteria for nonconforming status. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following, which shall determine that a parcel is a legal building site for purposes of development and new land uses:

  1. The parcel was created through an approved subdivision;

  2. The parcel is under one ownership and of record, and was legally created by a recorded deed in accordance with County or Town subdivision regulations in effect at the time of its creation and before the effective date of the zoning amendment that made the parcel nonconforming;

  3. The parcel was approved through a Variance in compliance with Chapter 18.82 (Variances and Historic Variances) or resulted from a lot line adjustment as provided in Chapter 18.86 (Lot Line Adjustments);

  4. A Certificate of Compliance was issued for the parcel; and/or

  5. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.

  • B. Limitation on subsequent subdivision. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or in any way that makes the use of the parcel more nonconforming.

• A. A nonconforming use, which has been abandoned for a period of more than 180 days may be reactivated to an equivalent or more restricted use through approval of a Zoning Clearance. In evaluating whether or not to allow the reactivation of a nonconforming use, the Director shall consider the following additional criteria, in addition to the standard Zoning Clearance findings:

  1. That any improvements for the reactivation of the nonconforming use on the site shall be less than 50 percent of the value of the structure. The value of the structure shall be determined by an independent real estate appraiser licensed in the State of California. The value of the improvement shall be determined based upon the contractor’s bid for said improvements, which shall be required as part of the Zoning Clearance application.

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VI-11

TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.130

Nonconforming Uses, Structures, and Parcels

Personal property necessary for the operation of the business or site improvements not included in the structure shall not be counted as improvements under this criterion.

2. An assessment that traffic generated by the proposed use would not be greater than permitted uses on the site. In assessing the traffic generated by the proposed use, the Director shall consider the number of vehicle trips per day, the hours of operation, and the types of traffic generated (i.e. truck or passenger vehicle). The Director shall modify the Zoning Clearance so the operation of the nonconforming use is limited to the same traffic impact as permitted uses in the same zone.

3. That the noise generated by the proposal will be addressed so it complies with Chapter 18.44 and also does not exceed the average ambient noise level already existing in the area, as measured by this standard.

4. That there will be no lighting of the property which would have direct illumination on adjacent uses and that there would be no reflected light from the property greater than the amount of reflected light from any permitted use in that same zone district.

5. Nothing herein shall apply to nonconforming signs, which are governed by the provisions of Section 18.54.100.

• A. Upon the filing of a request for extension by the applicant, the Director may extend the time limits for the rights provided under the nonconforming status if the use is discontinued. The applicant shall file a written request for an extension of time with the Director in advance of the expiration date, together with the filing fee required by the Council’s Fee Resolution.

• B. In considering the extension, the Director shall determine whether the property owner has made a good faith effort to re-establish the nonconforming use. If the Director determines that the owner has proceeded in good faith and has exercised due diligence in seeking to re-establish the nonconforming use, the Director may grant an extension of the period for discontinuance of a nonconforming use for up to a total of 180 days.

Uses and structures that did not comply with the applicable provisions of this Development Code or other planning and zoning regulations that applied to the use when it was established, are violations of this Development Code and are subject to the provisions of Chapter 18.200 (Enforcement). No right to continue occupancy of property containing an illegal use or structure is granted by this Chapter. The activity shall not be lawfully allowed to continue unless/until all land use permits required by this Development Code are first obtained.

In the event that a legal nonconforming use or structure is found to constitute a public nuisance, nothing in this Chapter shall be construed to permit the retention of the nonconformity. The Town Attorney may, with the consent of the Council, commence an action or preceding for the abatement and removal of the nonconformity.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

Appeals

18.140

– CHAPTER 18.140 APPEALS

Sections:

18.140.010 - Purpose of Chapter 18.140.020 - Allowable Appeals 18.140.030 - Filing and Processing of Appeals

This Chapter provides procedures for appealing determinations and actions made by the Director, Zoning Administrator, or Commission.

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows.

• A. Director decisions. Any decision by the Director including zoning clearances, may be appealed to the Commission by any person.

• B. Town Engineer decisions. Any decision by the Town Engineer may be appealed in compliance with Section 2.04.100 of the Truckee Municipal Code.

• C. Zoning Administrator or Commission decisions. Any decision by the Zoning Administrator or Commission may be appealed to the Council by any person.

• C. Town Manager’s appeal of Zoning Administrator or Commission decisions. Any decision by the Zoning Administrator or Commission may be appealed to the Council by the Town Manager.

• D. Council review/appeal. If an appeal has been filed by a member of the Planning Commission or Town Council, that appellant shall thereafter not participate in the consideration of the appeal by the body of which he or she is a member.

• E. Statute of limitations. The decision of the Council shall be final on all matters unless an appeal is filed with the Superior Court of the County of Nevada within 30 days after the decision of the Council.

A. Timing and form of appeal.

1. Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town application form, within 10 days from the date of the review authority's action except as allowed by Section 18.140.020(D).

2. The appeal shall state the pertinent facts of the case and the basis for the appeal.

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TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE

18.140

Appeals

3. Appeals shall be accompanied by the filing fee set by the Council's Fee Resolution.

• B. Scheduling of hearing and Director’s report. When an appeal has been filed, the Director shall schedule the matter for consideration by the appropriate appeal body identified in Section 18.140.020 (Allowable Appeals) and prepare a report on the matter. If the matter originally required a noticed public hearing, the Town Clerk shall give notice in the same manner followed for the original hearing, in compliance with Chapter 18.180 (Public Hearings).

C. Review by Director .

1. The Director shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which was filed beyond the time limits. Further, the Director shall determine if the appeal contains sufficient information as required by Subsection A. (Timing and form of appeal), above.

2. If the Director determines that the information in the appeal is incomplete, the Director shall immediately notify the appellant of the insufficiency and allow the appellant an additional seven days in which to correct the deficiency.

3. If upon the expiration of any additional time, the Director determines that the statement on appeal is still insufficient, the Director shall summarily reject the appeal.

• D. Town Attorney's authority to summarily reject appeal . Upon presentation of the Notice of Appeal, together with the required statement on appeal, the Town Attorney may summarily reject the appeal if the Town Attorney finds that the matter being appealed is a requirement of law.

• E. Action. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for the appeal. The appeal body’s consideration of the matter being appealed shall be de novo. The appeal body is not bound by the decision that has been appealed.

  1. The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority.

  • When reviewing an appeal, the appeal body may:

  • a. Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement: or

  • b. Impose additional conditions that may address other issues or concerns than the original subject of the appeal.

3. The appellant and other interested parties shall not present new evidence and testimony at the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body, that new information:

• a. Was not previously available to the party, or

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  - b. The party could not have participated in the review process because they could not have known about the review process. 

4. If new or different evidence is presented on appeal, the Commission or Council, may, but shall not be required to, refer the matter to the original review authority for further consideration

• F. Refund of appeal fees. Appeal fees may be refunded in only the following situations:

  1. Upon the conclusion of any appeal, where the Council upholds the appeal and overturns the decision of the review authority, the Council may also authorize the return of all, or a portion, of the appeal fees; or

  2. Upon the conclusion of any appeal, where the Council denies the appeal but finds that the appellant(s) raised issues of substantial merit, the Council may authorize the return of any portion of the appeal fees deemed just.

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Development Agreements

18.150

– CHAPTER 18.150 DEVELOPMENT AGREEMENTS

Sections:

18.150.010 - Purpose of Chapter 18.150.020 - Application 18.150.030 - Public Hearings 18.150.040 - Findings and Decision 18.150.050 - Content of Development Agreement

18.150.060 - Execution and Recordation

18.150.070 - Environmental Review 18.150.080 - Periodic Review 18.150.090 - Amendments to an Approved Development Agreement

18.150.100 - Effect of Development Agreement 18.150.110 - Approved Development Agreements

• A. The purpose of this Chapter is to provide procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of property owners or other persons having a legal or equitable interest in the property subject to the agreement.

• B. It is intended that the provisions of this Chapter shall be fully consistent, and in full compliance, with the provisions of State law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the Government Code), and shall be so construed.

• C. In construing the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents and in the following order:

  1. The plain terms of the development agreement itself;

  2. The provisions of this Chapter; and

  3. The provisions of State law (Article 2.5 of the Government Code, cited above).

• D. A development agreement is a legislative act and not a land use permit or entitlement.

• A. Initiated by owner. Any owner of real property may request and apply through the Director to enter into a development agreement provided the following:

  1. The status of the applicant as an owner of the property is established to the satisfaction of the Director;

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2. The application is made on forms approved, and contains all information required, by the Director; and

3. The application is accompanied by all lawfully required documents, information and materials.

• B. Director’s review. The Director is authorized to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements; and

• C. Fees. Processing fees, as established by resolution of the Council, shall be collected for any application for a development agreement made in compliance with this Chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 18.150.080 (Periodic Review), below.

• A. Commission’s action. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 18.180 (Public Hearings). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the agreement.

• B. Council’s action. The Town Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Chapter 18.180 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the agreement.

• C. Notice. Notice of the hearings, outlined in Subsections A. and B., above, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

• D. Preparation of agreement. Should the Council approve or conditionally approve the application, it shall direct the preparation of a development agreement containing the terms and conditions of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Town Manager.

• E. Findings. The ordinance shall contain the findings required by Section 18.150.040 (Findings and Decision), and the facts supporting them.

• F. Subject to referendum. The ordinance may be subjected to referendum in the manner provided by State law.

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The Council may approve a Development Agreement, with or without conditions, only if all of the following findings can be made:

• A. The Development Agreement would be in the best interests of the Town and would promote the public interest and welfare of the Town.

  1. The approval of a Development Agreement for a project that is merely developed in compliance with this Development Code would not be considered in the best interests of the Town.

  2. Examples of project elements and components that may be considered in the best interests of the Town and promote the public interest and welfare including, but are not limited to, the following:

     • a. An enhanced/expanded open space network that ties into existing neighboring open space areas;

     • b. A well designed mixed-use project that further implements the goals, objectives, and policies of the General Plan and/or Downtown Specific Plan;

     • c. The dedication of lands for public uses above and beyond those necessary for the project; and

     • d. Off-site improvements in the public right-of-way that would generally be above and beyond those required by the Town’s standard requirements for a project of the scale and intensity desired in the proposed project.

• A. Mandatory contents. A development agreement entered into in compliance with this Chapter shall contain the following provisions:

  1. Specify the duration of the agreement;

  2. Specify the allowed uses for the subject property;

  3. Specify the density/intensity of the allowed uses;

  4. Clearly identify and refer to the approved documents and exhibits;

  5. Specify the maximum height and size of the proposed structures;

  6. Specify the minimum size and dimensions of the proposed parcels;

  7. Describe the provisions, if any, for reservation or dedication of land for public purposes;

  8. Describe the provisions, if any, for the construction or financing of public improvements;

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9. Negotiate a level of protection from either a future growth control ordinance or a future increase in development fees, including impact fees;

10. Provide for a tiered amendment review process that may incorporate the following:

  - a. Director sign-off for minor changes; 

  - b. Commission sign-off for major modifications; and 

  - c. Approval of major amendments by the Council. 

11. Provide for the possibility of subsequent discovery of health and safety issues (e.g., a "compelling public necessity" [e.g., a new environmental health hazard is discovered]), which would necessitate a reconsideration/amendment of the previously approved development agreement; and

12. Describe the provisions, if any, for any other matter(s) which is reasonably related to the requested land use permit or entitlement and which the Council deems necessary or convenient to implement the General Plan or to promote the public health, safety, or general welfare.

• B. Permissive contents. A development agreement entered into in compliance with this Chapter may contain the following provisions:

  1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;

  2. Provisions which require that construction shall be commenced within a specified time and that the project, or any individual phase, be completed within a specified time;

  3. Terms and conditions relating to applicant financing of necessary public improvements and facilities, including applicant participation in benefit assessment proceedings; and

  4. Any other terms, conditions, and requirements the Council may deem necessary and proper, including requirement(s) for ensuring, to the satisfaction of the Town, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.

• A. Effective date. The Town shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Section 18.150.050, above becomes effective;

• B. Mutual consent required. A development agreement may be executed only upon the mutual consent of each party to the agreement;

• C. Town’s authority under agreement. The provisions of this Chapter shall not be construed to prohibit the Director, Zoning Administrator, Commission, or Council from conditioning

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approval of a discretionary land use permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law; and

• D. Recordation of agreement. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed.

The approval or conditional approval of a development agreement in compliance with this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

• A. Review required — every 12 months or less. Every development agreement, approved and executed in compliance with this Chapter, shall be subject to periodic review, as specified in the agreement, but in no case less than once every 12 months, by the Director during the full term of the agreement. Appropriate fees to cover the Town's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 18.150.020.C (Application);

• B. Determine compliance. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the Town; and

• C. Termination of agreement. If the Director finds and determines, on the basis of substantial evidence, that the applicant/ contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director may recommend to the Council that it order the agreement to be terminated or modified. This action of the Council shall only take place during a noticed public hearing in compliance with Chapter 18.180 (Public Hearings).

A development agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or the successor(s)-in-interest, in compliance with State law (Government Code Section 65868). The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a development agreement.

• A. Rules at the time of execution. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

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• B. Subsequent Town actions. Unless specifically provided for in the development agreement, the agreement does not prevent the Town, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the Town from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

Development agreements approved by the Council shall be on file with the Town Clerk.

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18.160

Amendments

– CHAPTER 18.160 GENERAL PLAN, ZONING MAP, AND DEVELOPMENT CODE AMENDMENTS

Sections:

18.160.010 - Purpose of Chapter

18.160.020 - Initiation of Amendments

18.160.030 - Notice and Hearing

• 18.160.040 - Commission’s Action on Amendments

• 18.160.050 - Council’s Action on Amendments

• 18.160.060 - Findings for Amendments

• 18.160.070 - Conditional Rezonings

• A. This Chapter provides procedures for the amendment of the General Plan, Zoning Map, and this Development Code, whenever required by public necessity and general welfare.

• B. The General Plan amendments may include revisions to actions, goals, land use designations, policies, or text.

• C. Zoning Map amendments have the effect of rezoning property from one zoning district to another.

• D. Amendments to this Development Code may modify any procedures, provisions, requirements, or standards applicable to the development and/or use of property within the Town.

• E. Review and approval of each of the amendments identified above is a legislative act and not a land use permit or entitlement.

Amendments to the General Plan, Zoning Map, or this Development Code may be initiated by:

• A. Private parties. Private parties through the filing of an application including all materials and information required by the Director, and the applicable filing fee; or

• B. Council. The Council.

After receipt of a complete application for amendment, the Director shall review the proposal, schedule public hearings before the Commission and Council, and prepare a staff report evaluating and providing recommendations on the proposal. Notice of the hearings shall be given in compliance with Section 18.180.030 (Notice of Hearing).

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The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 18.160.060 (Findings for Amendments).

• A. Council’s action. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment based upon the findings contained in Section 18.160.060 (Findings for Amendments).

B.

Referral to Commission.

1. If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification may be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Development Code Amendments]).

2. Failure of the Commission to report back to the Council within 45 days (General Plan Amendments) or 40 days (Zoning Map/Development Code Amendments) after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

An amendment to the General Plan, the Zoning Map, or this Development Code may be approved only if all of the following findings are made, as applicable to the type of amendment.

A. Findings for all amendments:

1. The proposed amendment ensures and maintains internal consistency with all of the goals, policies, and actions of all elements of the General Plan and any applicable specific plan; and

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town.

3. With the proposed amendment, adequate and available sites remain to mitigate the loss of any residential density to accommodate the Town of Truckee’s fair share regional housing need in compliance with State law (Government Code Section 65863[b]).

• B. Additional finding for Zoning Map amendments. There is adequate capacity available in the community sewer and water systems to serve the potential development, and the site is physically suitable for the requested zoning designation(s) and anticipated land use development(s). Factors considered to evaluate suitability shall include access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints.

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• C. Additional finding for Development Code amendments. The proposed amendment ensures and maintains internal consistency with other applicable provisions of this Development Code.

The Commission may recommend and the Council may impose reasonable conditions on the approval of any Zoning Map amendment for the purposes of ensuring consistency of the proposed zoning with the General Plan, mitigating environmental impacts, minimizing functional conflicts with surrounding land uses, or any other purpose that is determined by the Council to protect the public health, safety, or general welfare.

• A. Type of conditions. Conditions imposed on a Zoning Map amendment in compliance with this Section may include, but are not limited to, dedication of additional road rights-of-way and requirements for participation in the cost of public improvements, deemed necessary and reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zoning district.

• B. Timing of compliance with conditions. When a Zoning Map amendment with conditions is adopted by the Council, the ordinance shall specify when the conditions shall be satisfied relative to the approval by the Town of any subdivision of the property, any land use or construction permits, or actual development.

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Specific Plans

18.170

– CHAPTER 18.170 SPECIFIC PLANS

Sections:

18.170.010 - Purpose of Chapter

18.170.020 - Specific Plan Preparation and Content

18.170.030 - Filing and Processing 18.170.040 - Adoption of Specific Plan 18.170.050 - Implementation, Amendments

• A. The purpose of this Chapter is to provide for a Specific Plan when required by the General Plan or this Development Code to systematically implement the General Plan for any part of the Town.

• B. A Specific Plan is a legislative act and not a land use permit or entitlement.

• C. Specific Plans shall be prepared, processed, approved, (or denied) and implemented in compliance with this Chapter.

An applicant shall prepare a draft Specific Plan for review by the Town that includes the following detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the Director and State law (Government Code Section 65451). The Council may also initiate the preparation of a Specific Plan.

• A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

• B. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, drainage, energy, sewage, solid waste disposal, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses;

• C. Land use and development standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

• D. Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

• E. Relationship to General Plan. A discussion of the relationship of the Specific Plan to the General Plan; and

• F. Additional information. The Specific Plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan,

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applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.

A draft Specific Plan shall be filed with the Director, and shall be accompanied by the fee required by the Council's Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by State law (Government Code Sections 65350 et seq.), and as follows:

• A. Director evaluation. After the filing of a draft Specific Plan, the Director shall review the draft plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with a written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance;

• B. Public participation. The Director may recommend and the Council may approve a process to obtain maximum public participation early in the review process of the Specific Plan. The process would be designed to obtain public input before the completion of the environmental review document and the scheduling of formal public hearings on the plan.

• C. Environmental review. The draft Specific Plan shall be subject to environmental review in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment);

• D. Staff report. A staff report shall be prepared for the draft Specific Plan which shall include detailed recommendations for changes to the text and diagrams of the Specific Plan, as necessary, to make it acceptable for adoption; and

• E. Public hearings. A proposed Specific Plan shall be subject to public hearings before both the Commission and Council prior to its adoption, as follows:

  1. Commission hearing. The Director shall schedule a public hearing on the proposed Specific Plan. The hearing shall receive public notice and be conducted in compliance with Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Section 18.170.040 (Adoption of Specific Plan); and

  2. Council’s action.

  - a. A public hearing on the Specific Plan shall be scheduled before the Council. The hearing shall be noticed and conducted in compliance with Chapter 18.180 (Public Hearings). 
  
  - b. After the hearing, the Council may adopt the Specific Plan, may deny the plan, or may adopt the plan with modifications, with appropriate findings in compliance with Section 18.170.040 (Adoption of Specific Plan). 
  

  3. Referral to Commission. If the Council proposes to adopt any substantial modifications to the plan not previously considered by the Commission during its hearing, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356). Failure of the Commission to report back to the Council within 45 days after the referral, or within a

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longer time period set by the Council, shall be deemed a recommendation for approval of the modifications.

• A. Finding. The adoption of a proposed Specific Plan is entirely at the discretion of the Council. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the General Plan, and other adopted goals and policies of the Town.

• B. Adoption. The Specific Plan shall be adopted by ordinance, and/or by resolution of the Council, in compliance with State law (Government Code Section 65453).

• A. Development within Specific Plan area.

  1. After the adoption of a Specific Plan, a land use permit, public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan, in compliance with State law (Government Code Section 65455).

  2. The Council may impose a Specific Plan Fee surcharge on development permits within the Specific Plan area, in compliance with State law (Government Code Section 65456).

• B. Amendments. An adopted Specific Plan shall be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.

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Master Plans

18.174