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18.58.100 - Detached Living Areas
This Section establishes standards for the development and operation of living quarters that are detached from and not a required element ofthe maindwelling and is designed for human occupancy.
Detached living areas include bedrooms, recreation rooms, home offices and similar habitable areas inany area where single-family dwellings are allowed incompliance with ArticleII (Zoning Districts and Allowable Land Uses).
A. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling.
B. Design standards. A detached living area shall be designed as follows:
1. Maximum floor area. The gross floor area shall not exceed the lesser of 50 percent of the existing living area of the main dwelling or:
a. On parcels less than one acre: 800 square feet of gross floor area; or b. On parcels of one acre or more: 1,200 square feet of gross floor area.
The floor area for a detached living area incorporated into a garage structure or in a separate residential accessory structure shall not be counted towards the maximum floor area limits for garages and residential accessory structures as set forth in Section
18.58.220.
2. The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood;
3. The detached living area may only include sleeping area and livingarea, except that there is no limit on the number of allowed bathrooms;
4. The detached living area shall not contain a kitchen or other cooking facilities;
5. A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure.
C. Maximum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record.
E. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single one-well sink with a maximum surface area of two square feet and for a single bathroom. The bathroom may only contain one water closet, lavatory and a shower or tub.
Electrical installation shall be limited to the minimum required for heating, light and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard.
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F. Rentals prohibited. The detached living area shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect.
G. Subdivision prohibited. The portion of the site accommodating the detached living area shall not be subdivided from the portion of the site containing the main dwelling.
H. Utilities. All utilities serving the detached living area (e.g., electricity, gas, sewer and water) shall be common to and dependent on the main dwelling. The detached living area shall not be provided with separate utility meters.
18.58.110 - Drive-In and Drive- Through Facilities
A. Purpose and applicability. This Section establishes supplementary standards for drive-in restaurants and fast food establishments with drive-through facilities, located within the CH Highway Commercial) zoning district, which conduct business while customers remain in their vehicles. Other types of drive-in and drive-through facilities are not permitted.
B. Permit requirement. Drive-in restaurants and fast food or counter-service establishments, with drive- through facilities, shall require Use Permit approval in compliance with Chapter
18.76 (Use Permits and Minor Use Permits).
C. General standards. Drive- in and drive- through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise and unsightliness, and shall comply with the on-site circulation standards in Subsection E, below, which are not applicable to drive- in theaters or service stations.
D. Accessory use required. Drive-through facilities may only be accessory to an allowable main use.
E. On-site circulation. Parcels with drive-through facilities shall be provided with internal circulation and traffic control devices as follows:
1. Aisle design. Drive-through aisles shall be located and designed as follows:
a. The entrance/exit of any drive-through aisle shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. The drivethrough aisle or stacking area ( see following Subsection E.2) shall not be located adjacent to a street frontage.
b. Drive-through aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 12- foot width.
2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drivethrough service that is physically separated from other on-site traffic circulation. a. Thestacking area shall accommodate a minimum offivecars for each drive-through window in addition to the vehicle(s) receiving service.
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18.58.220 - Residential Accessory Uses and Structures
This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 18.08.030, Residential Zoning District Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including driveways, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops.
A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses.
1. Relationship of accessory use to main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.
2. Attached structuresStandards for accessory structures. An accessory structure shall comply withtherequirements ofthis Development Code applicable tothe mainstructure, including heights, parcel coverage and setbacks, unless otherwise specified in this Development Code. An accessory structure for multi- family residential uses shall be architecturally compatible with the main structure.
3. Detached structures. A conditioned or unconditioned breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling. A breezeway is a roofed passageway with or without sides connecting two or more buildings or parts of a building.
a. Breezeways. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width. A conditioned space connecting the detached structure to the main dwelling may qualify the structure as attached.
4. Adjoining parcels under common ownership. Residential accessory uses and structures, including the raising and keeping of animals, may be located on an adjoining parcel(s) if both parcels are under common ownership and the accessory use or structure complies with all provisions of this section. Recordation of a deed restriction tying the adjoining parcels together is required.
B. Building Permits. The Building Permit for a residential accessory use or structure shall not be:
1. Issued unless there is a residential use on the subject property or the permit is issued in conjunction with the residential dwelling permit; and
2. Finaled until there is a residential use on the subject property or the permit for the residential dwelling is finaled.
C. Antennas. Antennas are subject to the provisions of Section 18.58.250 (Telecommunications Facilities).
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D. Driveways and Parking Pads. Driveways and parking pads are accessory uses and only allowed if a residential use is already established on the same property or if a residential dwelling permit is issued in conjunction with the driveway or parking pad permit. Driveways and parking pads are subject to the provisions of Chapter 18.48 (Parking and Loading Standards).
E. Garages. Garages shall comply with the following standards, as well as the special setback requirements in Section 18.30.120.E ( Setbacks Requirements for Specific Structures and Situations).
1. Maximum floor area.
a. A detached accessory garage for a single- family residential parcel shall not occupy more than 1,000 square feet of floor area on parcels less than an acre in size and 2,000 square feet of floor area on parcels between one and five acres in size. On parcels larger than five acres, a detached accessory garage may occupy up to 2,000 square feet of floor area or 100 percent the size of the main residence, whichever is greater.
i. The floor area for a secondary residential unit in a detached accessory garage shall not be counted as part of the floor area of the garage. ii. The floor area for a detached living area incorporated into a garage structure or in a separate residential accessory structure shall not be counted towards the maximum floor area limits for garages and residential accessory structures.
For example, a detached accessory garage on a parcel less than an acre with a 1,600 sq. ft. residence may have a maximum floor area of 1,800 square feet of floor area (1,000 sq. ft. for the garage and 800 sq. ft. for the detached living area). A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure. b. The floor area of an accessory garage that is attached to a main structure is not limited, except as required by the Building Code or any other applicable Town Code. c. A garage or carport for an accessory dwelling unit: 1) shall be limited to 500 square feet, regardless of whether itis attached to or detached from the accessory dwelling unit; 2) shall be dedicated for use only by residents of the accessory dwelling unit, not accessible to residents of the main dwelling; 3) shall not be counted toward the cumulative maximum size for detached garages on a single parcel if the garage is attached to the accessory dwelling unit or main dwelling; and 4) shall be counted toward the cumulative maximum size for detached garages on a parcel ifthe garage or carport is not attached to the accessory dwelling unit or main dwelling.
F. Detached Living Areas. Living quarters which are designed for human occupancy and are physically detached from and not a required element of the main dwelling. Includes bedrooms, recreation rooms, home offices and similar habitable areas in any area where single-family dwellings are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses).
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1. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling.
2. Design standards. A detached living area shall be designed as follows:
a. Maximum floor area. The gross floor area shall not exceed the lesser of 50 percent of the existing living area of the main dwelling or:
i. On parcels less than one acre: 800 square feet of gross floor area; or ii. On parcels of one acre or more: 1,200 square feet of gross floor area. b. The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood;
c. The detached living area may only include a sleeping area, living area, and a bathroom;
d. The detached living area shall not contain a kitchen or other cooking facilities; and e. A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure
3. Maximum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record.
4. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single one-well sink with a maximum surface area of two square feet and for a single bathroom. The bathroom may only contain one water closet/ lavatory and one shower/tub. Electrical installation shall be limited to the minimum required for heating, light and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard.
5. Rentals prohibited. The detached living area shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect.
6. Subdivision prohibited. The portion ofthe site accommodating the detached living area shall not be subdivided from the portion of the site containing the main dwelling.
7. Utilities. All utilities serving the detached living area ( e.g., electricity, gas, sewer and water) shall be common to and dependent on the main dwelling. The detached living area shall not be provided with separate utility meters.
F.G. Greenhouses. Anaccessory greenhouse may occupy up to 500 square feet for each parcel less than or equal to 0.5-acres in size and up to 25% of the dwelling on parcels greater than 0.5-acres in size..
G.H. Home occupations. Home occupations are subject to the requirements of Section 18.58.120
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Home Occupations).
H.I. Swimming pools/ spas/ hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. The pool is to be used solely by occupants ofthe dwelling(s) on thesame parcel and their invited guests; and
2. The pool shall be secured by fencing and/or walls to prevent uncontrolled access by children in compliance with the Town Building Code.
3. The pool is subject to the setback requirement in Section 18.30.120.E Table 3-3.
I.J. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports ( e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements:
1. Fencing shall be subject to the height limits of Section 18.30.070 (Fences, Walls and Hedges). Fencing for non-commercial outdoor courts up to a maximum of 20 feet in height, located outside the required setbacks, may be authorized by the Zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 ( Use Permits and Minor Use Permits);
2. Lighting for non-commercial outdoor courts may be authorized by the Zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 ( Use Permits and Minor Use Permits).
J.K. Vehicle storage. The outdoor storage of vehicles, including incidental restoration and repair, is subject to Chapter 10.20 (Abandoned Vehicles) of the Municipal Code.
K.L. Cumulative size of accessory structures. The maximum cumulative size for all allowed accessory structures on a parcel, but not including an accessory dwelling unit in a detached structure, shall be in compliance with Table 3-17.
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a. Allowable ground locations. If ground-mounted, the antennas shall not be located between a structure and an adjoining street and shall be screened from public view and surrounding parcels;
b. Screening. If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the Director; c. Size limitations. The diameter of the ground-mounted antenna shall not exceed 12 feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception;
d. Height and location. Theheight and location ofthe antennas shall comply withthe requirements oftheapplicable zoningdistrict. Theheight provision may be modified by the Director if strict compliance would result in no/poor satellite reception; and e. Setbacks. Ifthesubject parcel adjoins aresidential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the Director.
C. Single pole/tower amateur radio antennas. Single pole/tower amateur radio antennas shall be designed, constructed/installed and maintained in the following manner:
1. Location requirements. Antennas shall not be located in a front or side yard.
2. Mounting. Antennas may be ground- or roof-mounted.
3. Heightlimit. The maximum height shall not exceed 50feet, measured from finishgrade.
4. Size limitations. Any boom or other active element/accessory shall not exceed 25 feet in length.
D. Television andradiobroadcasting towers. Thesetowers shall beallowed incompliance with Chapter 18.76 (Use Permits and Minor Use Permits).
E. Effects of development on antenna reception. The Town shall not be liable if subsequent development impairs antenna reception.
F. Variances. Telecommunications facilities not complying withtherequirements ofthis Section may be authorized only in compliance with Chapter 18.82 (Variances).
18.58.260 – Time-Share Uses
A. Purpose This Section establishes standards for the operation of time- share uses in commercial zones. The Town classifies time-share uses as commercial uses and the intent of these standards is toensure compatibility oftime-share uses, whichare located inexisting residential units, with any adjoining residential and commercial uses.
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B. Inapplicability of Section to Existing Time-Share Uses. Nothing in this Section shall be deemed to apply to time-share properties existing as of the effective date of this Section or to render such time- share properties nonconforming with this code, provided that such time- share properties were approved by the Town as such, and have been owned and operated as such, prior to the effective date of this Section.
C. Definitions. For purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them by this paragraph C:
Accommodation” means any dwelling, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single- family dwelling, or unit within a multi- family dwelling as defined in Section
18.220.020.
Dwelling” shall have the meaning ascribed to it by Section 18.220.020.
Management entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.
Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.
Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.
Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives therighttoexclusive use of anaccommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
Time- share property” means one or more accommodations subject to the same time- share plan, together with any other property or rights to property appurtenant to those accommodations.
Time-share use” means theuse of one or more accommodations or any partthereof, as a timeshare property pursuant to a time-share plan.
D. Time- share Uses Restricted to Existing Single- Family Dwellings in General Commercial CG) and Neighborhood Commercial (CN) Districts. Time-share uses are permitted uses within the Town’s General Commercial (CG) District and Neighborhood Commercial (CN) District, subject to issuance of a Zoning Clearance applied for and approved in conformance with this Section and Chapter 18.72. Time- share uses are not permitted in all other zoning districts in Truckee and are not permitted in multi-family dwellings.
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E. Application Process and Development Standards.
1. Application Process. Approval of a Zoning Clearance for time-share uses inthe General Commercial (CG) District and Neighborhood Commercial (CN) District shall berequired inaccordance with the requirements of this Section and Chapter 18.72. Inaddition to any application requirements established by this Section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:
a. A description of the method of management of the time-share use and indication of the management entity for the time-share property.
b. Any restrictions on the use or occupancy of the accommodations. c. Any other information or documentation the applicant or Town staff deems reasonably necessary to the consideration of the time- share use.
2. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time- share use in the General Commercial ( CG) District or Neighborhood Commercial ( CN) District:
a. Development Standards. The time- share use shall comply with all development standards for the zone in which it is located.
b. Parking. Two off-street parking spaces shall be provided for each time-share property.
c. Noise. All time-share properties are subject to Chapter 18.44 ( Noise) with the exception of Section 18.44.050 ( Residential Interior Noise Standards). Time- share properties where the ambient noise levels may exceed 70 dB(A) CNEL are subject to Section 18.44.040.F.
d. Solid Waste. All time- share properties are subject to Section 18.30.150.A.2 Required storage area for non-residential structures and uses).
F. Violations, Enforcement and Civil Penalties.
1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Section is guilty of a misdemeanor for each day in whichsuch accommodation is used, allowed tobe used, or advertised for sale or use in violation of this Section. Such violation shall be punishable pursuant to Chapter 1.02.
2. Time- share use, and/ or advertisement for time- share use, of an accommodation in violation of this Section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by Town staff and also may be abated pursuant to Chapter 1.03, except that the civil
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penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.
3. Any responsible person who violates this Section shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The Town may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the Town, including without limitation the Town’s staff time, investigation expenses and attorney’ s fees.
a. Where the Town proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’ s enrichment or profit as a result of the violation of this Section. In any such civil action the Town also may abate and/or enjoin any violation of this Section.
b. Where the Town proceeds by administrative citation, the Town shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing. i. The responsible person shall have the right to request the administrative hearing within forty- five ( 45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the Town Clerk in writing within forty-five 45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
ii. The Town Manager is hereby authorized to designate a hearing officer to hear such appeal. The hearing officer shall conduct a hearing on the appeal within ninety (90) days oftherequestfor thehearing unless oneoftheparties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay.
Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting inthe property owner’ s or responsible person’ s enrichment or profit as a result of the violation of this Section.
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iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Nevada County Superior Court in accordance with the timelines and provisions set forth in Government Code Section 53069.4. v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this Section, such penalty, if unpaid within forty- five 45) days of the notice of the final determination, shall become a lien to be recordedagainst theproperty on whichtheviolation occurred. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
vi. Any violation of this Section may also be abated and/ or restored by Town staff and also may be abated pursuant to Chapter 1.03, except that the civil penalty under Chapter 1.03 for a violation shall be one thousand dollars ($1,000.00).
4. Each day the violation of this section occurs shall constitute a separate offense.
5. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.
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Zoning Clearance 18.72
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CHAPTER 18.72 - ZONING CLEARANCE
Sections:
18.72.010 - Purpose of Chapter
18.72.020 - Applicability
18.72.030 - Review and Decision
18.72.040 - Conditions of Approval
18.72.010 - Purpose of Chapter
A. This Chapter establishes procedures for the review and approval or denial of Zoning Clearances, which are required by the Town to verify that a requested land use activity and/or structure is an allowed land use within the applicable zoning district and complies with the development standards and any design guidelines applicable to the land use or the zoning district of the site.
B. The review process begins with the recognition that the proposed use/ construction is allowed in the zoning district and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties.
C. The process includes the filing of a building permit application or land use permit application with the Director to verify compliance with all applicable land use development standards, any applicable design guidelines and the requirements of other Town departments.
18.72.020 - Applicability
Where Article II (Zoning Districts and Allowable Land Uses) requires Zoning Clearance, the Director shall evaluate the proposed use or structure in compliance with this Chapter.
A. Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the Director for land use activities or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as an allowed use as follows:
1. For projects of a single-family dwelling, accessory dwelling unit, and/or residential accessory structure, a change in land use, creation of time- share uses, new structures or additions to existing structures with a total gross floor area of less than 7,500 square feet less than 5,000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts); or
2. For non-residential projects, a change in land use, new structures, or additions to existing structures with a total gross floor area of less than 7,500 square feet ( less than 5,000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts); or
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3. For multi-family residential projects, a change in land use, new structures, or additions to existing structures with ten or less residential units; and/or
4. For all projects, a change in land use, new structures, additions to existing structures, new improvements, or additions to existing improvements with site disturbance ( grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 square feet.
B. Streamlined Zoning Verification. For projects with a change of use that falls within the Zoning Clearance criteria in terms of floor area and site disturbance, but does not represent an expansion of the square footage and/ or intensification of use, the project may qualify for a streamlined Zoning Verification review. This review shall verify that the proposed use is allowed in the zoning district in which the use is proposed, does not create significant impacts e.g., parking, noise, solid waste storage, or environmental degradation), and does not require review by utility agencies, special districts, or departments, as determined by the Community Development Director. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.
C. Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.
D. Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. The approval of a Development Permit, in compliance with Chapter 18.74 ( Development Permits) shall be required for additions to projects that would bring (1) the total project gross floor area for non-residential structure(s) to 7,500 square feet or more (5,000 square feet or more for projects located within the Downtown Residential and Downtown Commercial and Manufacturing zoning districts; ( 2) the total site disturbance area to 26,000 square feet or more; or ( 3) the total number of multi-family residential units to eleven or more units.
18.72.030 - Review and Decision
A. Project review procedures. Each application shall be analyzed by the Director to ensure that the application is consistent with the content, purpose and intent of this Chapter, this Development Code, any applicable design guidelines, the General Plan and any applicable Specific Plan.
B. Issuance of a Streamlined Zoning Verification.
1. Time for decision. The Director shall take appropriate action on the Zoning Verification within 30 days of finding the application complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment).
2. Public notice. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.
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3. Required findings. The Director may approve a Streamlined Zoning Verification, with or without conditions, only if all of the following findings can be made:
a. The proposed project is:
1) Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all applicable provisions of this Development Code, the Municipal Code and the Public Improvement and Engineering Standards; and
2) Consistent with the General Plan, any applicable Specific Plan and/ or Master Plan, the Trails Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan and the Particulate Matter Air Quality Management Plan.
b. The proposed project is located in an existing building and the tenant space was previously occupied by a permitted use for which no complaints have been received.
c. No changes are proposed to the exterior of the building except signage or repairs consistent with the underlying land use approval.
d. The Zoning Verification approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources; and e. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water and public utilities to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land and all development fees have been paid prior to occupancy of buildings and the land.
f. The subject site is:
1) Physically suitable for the type and density/intensity of development being proposed;
2) Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards and other features required by this Development Code; and
3) Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. g. The proposed development is consistent with all applicable regulations of the Nevada County Environmental Health Department and the Truckee Fire Protection District for the transport, use and disposal of hazardous materials.
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Vacations 18.88
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CHAPTER 18.88 - VACATIONS
Sections:
18.88.010 - Purpose of Chapter
18.88.020 - Applicability
18.88.030 - Findings and Decision
18.88.010 - Purpose of Chapter
This Chapter establishes procedures for the review and approval or denial of the vacation of streets and public easements and the release of covenants of easements, which is required by State law and the Town to ensure that the street or easement is not necessary for present or prospective public use.
18.88.020 - Applicability
Any and all requests for the abandonment, vacation, and/or release of streets and public easements shall be evaluated in compliance with this Chapter. Public streets and public easements within subdivided lands may be abandoned in accordance with Chapter 18.104 (Reversions to Acreage) or Section 66499.20 ½ (Merging and resubdividing without reversion) of the Subdivision Map Act.
18.88.030 - Findings and Decision
A request for the vacation of a street or public service easement or the release of a covenant of easement shall be reviewed and processed in compliance with this section.
A. Minor street vacation. A request for the vacation of a street may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:
1. The street has been superseded by relocation of the street and utilities; the relocation of the street would not cut off all access to a person's property which, prior to relocation, adjoined the street; and the street is not necessary for present or prospective public use;
2. The street has been impassable for vehicular traffic for a period of five consecutive years, no public money was expended for maintenance on the street during such period, there are no in-place public utility facilities that are in use or would be affected by the vacation and the street is not necessary for present or prospective public use; or
3. The excess right- of-way of the street is not required for street purposes, there are no in-place public utility facilities that are in use or would be affected by the vacation and the excess right-of-way is not necessary for present or prospective public use.
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Vacations 18.88
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The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.
B. Minor public service easement vacation. A request for the vacation of a public service easement may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:
1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the requested vacation and the easement is not necessary for present or prospective public use;
2. The date of dedication or acquisition of the easement is less than five years and more than one year, immediately preceding the requested vacation, the easement was not used continuously since that date and the easement is not necessary for present or prospective public use; or
3. The easement has been superseded by relocation, there are no other public facilities located within the easement and the easement is not necessary for present or prospective public use.
The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.
C. Major street and public service easement vacation. A request for the vacation of a street or public service easement not meeting the requirements of Subsections A. and B. may be approved, with or without conditions, by the Town Council by resolution if all of the findings can be made:
1. The request was considered at a public hearing and noticed in accordance with the requirements of Sections 8322 and 8323 of the Streets and Highways Code;
2. The request was referred to the Planning Commission for their review and the Commission reported on the conformity of the request with the General Plan;
3. The street or public service easement is not necessary for present or prospective public use.
The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.
D. Release of covenant of easement. A covenant of easement may be released, with or without conditions, by the review body if all of the findings can be made:
1. A public hearing was held and noticed in accordance with Chapter 18.180 ( Public Hearings) to consider the release of the covenant of easement;
2. The covenant of easement and the restriction on the property are no longer necessary to achieve the land use goals of the Town and the approval of the release is consistent with
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Vacations 18.88
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the General Plan, any applicable specific plan, the Trails Master Plan and the Particulate Matter Air Quality Management Plan.
The release may be effected either by the Zoning Administrator, Planning Commission, or Council, depending upon which review body imposed the requirement of the covenant. A notice of the release of the covenant of easement shall be recorded by the Town Clerk with the Office of the County Recorder.
E. Abandonment of access easement. A request for abandonment of an access easement in which the Town of Truckee is a grantee or otherwise has a legal interest may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and the following findings can be made:
1. All property owners with an interest in the access easement have provided written documentation giving the Town of Truckee authorization to abandon the easement on their behalf; and
2. The access easement and the restriction on the property are no longer necessary to achieve the land use goals of the Town and the approval of the release is consistent with the General Plan, any applicable specific plan, the Trails Master Plan and the Particulate Matter Air Quality Management Plan.
The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.
E.F. Fee. The Town may impose fees to recover the Town’ s reasonable cost of processing a request for a release. Fees for the processing shall be specified in the Council’ s Fee Resolution.
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Urban Lot Split and Two-Unit Projects (Senate Bill 9) 18.95 December 14, 2021
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b. Eachoftheresultinglots must be between 60percent and 40percent oftheoriginal lot area.
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. The total floor area of each primary dwelling that is developed on a resulting lot must be less than or equal to 800 square feet. 1) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
2) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
11. Height Restrictions. On a resulting lot that is larger than 2,000 square feet or larger, no new primary dwelling unit may exceed a single story or 16 feetinheight, measured from grade to peak of the structure. On a resulting lot that is smaller than 2,000 square feet, n No new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak ofthe structure. Any portion of a new primary dwelling that exceeds
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Tentative Map Filing and Processing 18.96
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be subject to the codes and provisions that were in effect on the date that the extension request application was determined to be complete for processing.
B. Tentative Maps with multiple Final Maps.
1. Where a subdivider is required to expend more than $ 236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, other than improvements of public rights-of-way which abut the boundary ofthe site and which are reasonably related to the development of the site, and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the validity of the Tentative Map more than 10 years from its approval or conditional approval.
2. Tentative Maps which do not require the subdivider to provide more than $236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, for off-site improvements shall expire at the end of the initial time period of the approval, unless a Parcel or Final Map is recorded, or an extension of time is requested and approved in compliance with Subsection A. above.
C. Vesting Tentative Maps. The review authority which approved the Vesting Tentative Map may grant extensions of up to six years to the initial time limit, provided that the total of all extensions shall not exceed six years, in accordance with Subsection A., above. Any rights conferred by Section 18.96.120 (Vesting Tentative Maps) shall expire if a Final Map is not approved and recorded before the expiration of the vesting Tentative Map.
D. Appeals. A decision of the Zoning Administrator or Commission acting as the review authority for a Tentative Map Time Extension may be appealed in compliance with Chapter
18.140 (Appeals). The hearing on the appeal shall be held within 30 days after the date of filing the appeal, or if there is no regular meeting of the review authority within the next 30 days for which specified notice can be given, the appeal may be heard at the next regular meeting for which the specified notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The appeal body shall reach its decision within 15 days following the conclusion of the hearing.
18.96.160 - Applications Deemed Approved
Any subdivision application deemed approved incompliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Maps filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements ofthis Development Code and the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.
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CHAPTER 18.200 - ENFORCEMENT
Sections:
18.200.010 - Purpose of Chapter
18.200. 020 - Authority to Issue Citations
18.200.030 - Remedies are Cumulative
18.200.040 - Inspection
18.200.050 - Initial Enforcement Action
18.200.060 - Violations
18.200.070 - Legal Remedies
18.200.080 - Recovery of Costs
18.200.010 - Purpose of Chapter
The purpose of this Chapter is to provide for compliance with the requirements of this Development Code, other titles of the Municipal Code, and any conditions of an approved land use permit or entitlement.
18.200.020 - Authority to Issue Citations
A. Code Enforcement Director. The Town Code Enforcement Director shall be the person primarily responsible for enforcing the provisions ofthis Development Code and shall have the authority and immunity of a public officer and employee to issue citations whenever possessing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, whichconstitutes an infraction or misdemeanor. Theresponsibilities ofthe Code Enforcement Director may also be carried out by the Code Enforcement Officer or the Department staff under the supervision of the Code Enforcement Director who shall also have the authority and immunity of a public officer and employee to issue citations whenever processing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor.
B. Consultation with Police Chief. It may be necessary for the Code Enforcement Director to work with the Police Chief when enforcing the provisions of this Development Code, when the specific situation warrants uniformed police involvement.
18.200.030 - Remedies are Cumulative
All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of Town, County, State, or Federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the Town from pursuing other available remedy( s) to correct the violation.
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18.200.040 - Inspection
A. Access for initial inspection. Every applicant seeking an application, permit, or any other action in compliance with this Development Code shall allow Town officials access to any premises or property which is the subject of the application.
B. Access for ongoing inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate Town officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.
C. Failure to allow inspections. Failure to allow inspections for compliance shall automatically cause all permits and approvals to be suspended, pending a hearing before the Code Enforcement Director to void the permits and approvals.
D. Compliance. In addition, the Code Enforcement Director may withhold the processing of and/ or issuance of any and all ministerial permits and discretionary land use permits, where a documented Code violation(s) exists, until the subject property is found to be in complete compliance with any and all applicable Code sections.
18.200.050 - Initial Enforcement Action
This Section describes the procedures for initiating enforcement action in cases where the Code Enforcement Director has determined that real property within the Town is being used, maintained, or allowed toexistinviolation ofthe provisions ofthis Development Code. Itis theobjective ofthese provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Section may be avoided.
A. The authority to abate and impose sanctions.
1. Enforcement of this Section may be accomplished by the Code Enforcement Director in any manner authorized by law.
2. The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the Town from enforcing other ordinances or abating public nuisances in any other manner provided by law.
3. Whenever the Code Enforcement Director determines that any condition exists in violation of this Development Code, the Code Enforcement Director may take appropriate enforcement action in compliance with this Chapter.
4. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law.
B. Notice to responsible parties. Whenever the Code Enforcement Director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a Code violation exist on any property located in the Town, the Code Enforcement Director may prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property, to be notified
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TRUCKEE MUNICIPAL CODE - TITLE 18 - DEVELOPMENT CODE
Definitions/Glossary D
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D. Definitions, “D.”
Decibel ( dB). A unit for measuring the amplitude of sounds, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, of 20 micropascals.
Deck. A platform attached to a house and supported by structural connections to the ground, including posts or piers, to provide outdoor living area that may be roofed ( i.e., covered deck), but is without walls on at least two sides, and which includes railings where required by the California Building Code.
Density. The number of housing units per net acre, unless otherwise stated, for residential uses.
Department. The Town of Truckee Community Development Department, referred to in this Development Code as “ Department.”
Detached. Any structure that does not have a wall or ceiling/floor or roof in common with another structure.
Detached living area. A detached living area is an accessory structure within a residential zoning district, is not a required element of the main dwelling and is designed for human occupancy. It is intended to provide living quarter( s) within a detached residential accessory structure, located on the same premises with the main dwelling, for use by members of the family occupying the main dwelling and their non-paying guests.
Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code.
Development Agreement. A contract between the Town and an applicant for a development project, in compliance with Chapter 18.150 ( Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to Town policies, rules, and regulations after project approval. In return, the Town may be assured that the approved project will contain elements and components that are in the best interests of the Town and will promote the public interest and welfare of the Town.
Development Code. The Town of Truckee Development Code, Title 18 of the Truckee Municipal Code, referred to herein as “ this Development Code.” Development Envelope. The designated development area on a parcel within which disturbance may occur ( also known as a “ building envelope”). The purpose of the development envelope is to preserve open space and ensure clustered development. All areas outside the development envelope are required to be maintained in a natural, vegetated state.
The development envelope shall encompass all disturbance on a parcel, including structures
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Definitions/Glossary B
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B. Definitions, “B.”
Backyard Chicken. A domestic chick or hen kept on a residential lot as a household pet.
Does not include roosters.
Balcony. A platform that is cantilevered from a building wall and is enclosed by a parapet or railing.
Banks and Financial Services. Financial institutions including:
banks and trust companies
credit agencies
holding ( but not primarily operating) companies
lending and thrift institutions
other investment companies
securities/ commodity contract brokers and dealers
security and commodity exchanges
vehicle finance ( equity) leasing agencies
This definition does not include escrow companies and title insurance companies which come under the definition “Offices, Business and Professional.” See also, “ Automatic Teller Machine,” above.
Bars and Drinking Establishments. Businesses where alcoholic beverages are sold for onsite consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, tap rooms (i.e., a room that is ancillary to the production of beer where the public can purchase and/or consume only the beer produced onsite), tasting rooms, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment ( e.g., live music and/ or dancing). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Also includes restaurants and coffee shops that serve alcohol during hours of operation when food service is no longer the primary use.
Base flood. A flood having a one percent probability of being equaled or exceeded in any given year (also called the 100-year flood).
Bed and Breakfast Inns. Residential structures with one family in permanent residence, with up to three bedrooms in the RR, RS and DRS zoning districts and up to five bedrooms in other allowable zoning districts rented for overnight lodging, where meals may be provided subject to Section 18.58.070 ( Bed and Breakfast Inns) and applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of “ Hotels and Motels.” Does not include room rental in a “ boarding house” situation; see “ Rooming and Boarding Houses.”
Bedroom. An enclosed habitable room planned and intended for sleeping, separated from other rooms by a door and accessible without crossing another bedroom, closet space, or bathroom. Includes studio units. A bedroom will have a built-in closet, emergency escape and rescue opening( s), and a minimum floor area of 70 square feet, exclusive of a closet.
Additionally, it shall meet the requirements or be in accordance with the current codes adopted by the Town as listed in Title 15 of the Municipal Code.
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Attachment 8
Short-Term Rental Regulations (BHMC
Sections)
10-3-100: WORDS DEFINED:
MULTI-FAMILY TRANSIENT USE: Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days.
SINGLE-FAMILY TRANSIENT USE: Rental or lease of a single-family residence or accessory dwelling unit for a period of less than six (6) months.
3/1/23, 3:22 PM https://export.amlegal.com/api/export-requests/02da0b7a-6956-4f19-bff8-78e3ffd8f2ae/download/ https://export.amlegal.com/api/export-requests/02da0b7a-6956-4f19-bff8-78e3ffd8f2ae/download/ 1/1 10-3-401: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-1 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except as a private one-family residence, small family daycare home, small community care facility, or transitional or supportive housing structured as a single-family residence. A single-family transient use of a "single-family residence" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, by a single housekeeping unit is permitted to commence two (2) times per calendar year for each single-family residence or accessory dwelling unit. Use of a single-family residence or accessory dwelling unit for a single-family transient use more than twice per calendar year is prohibited. (Ord. 17-O-2724, eff. 2-10-2017)
3/1/23, 3:24 PM https://export.amlegal.com/api/export-requests/722cfdcd-b31e-47d8-aaad-c47f9407144c/download/ https://export.amlegal.com/api/export-requests/722cfdcd-b31e-47d8-aaad-c47f9407144c/download/ 1/1 10-3-1202: USES AND BUILDINGS PERMITTED:
Except as otherwise provided in this article, no lot, premises, building or portion thereof in zone R-4 shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose other than as a public library, a single- or multiple-family dwelling and the usual and customary accessory and appurtenant uses thereto including one accessory dwelling unit on a lot developed only with a single-family dwelling subject to the criteria in section 10-3-409 of this chapter; a small community care facility; or transitional or supportive housing structured as a single-family residence or as a multiple-family dwelling. (Ord. 17-O-2724, eff. 2-10- 2017)