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Chapter 18.01 - Purpose and Effect of Development Code

Sections:

18.01.010 - Title
18.01.020 - Purposes of Development Code
18.01.030 - Authority, Relationship to General Plan
18.01.040 - Applicability of the Development Code
18.01.050 - Responsibility for Administration
18.01.060 - Partial Invalidation of Development Code

18.01.010 - Title

This Title is and may be cited as the Town of Truckee Development Code, Title 18 of the Truckee Municipal Code, hereafter referred to as "this Development Code."

18.01.020 - Purposes of Development Code

This Development Code carries out the policies of the Truckee General Plan by classifying and regulating the uses of land and structures within the Town of Truckee. This Development Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the Town. Additional purposes of this Development Code are to:

A. Implement the General Plan by encouraging the uses of land designated by the General Plan;

B. Provide standards for the orderly growth and development of the Town that will maintain its established historic, small town, and open space characteristics;

C. Require high quality planning and design for development, that enhances the visual character of the Town, avoids conflicts between land uses, and preserves the scenic qualities of the Town by maintaining adequate open space;

D. Conserve and protect the natural resources of the Town, its natural beauty and significant environmental amenities;

E. Assist in reducing dependence on the automobile by fostering development that is compact in form, and pedestrian-oriented;

F. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities; and

G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code.

18.01.030 - Authority, Relationship to General Plan

A. This Development Code is enacted based on the authority vested in the Town of Truckee by the State of California, including but not limited to the State Constitution; Sections 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act; Subdivision Map Act; and the Health and Safety Code.

B. This Development Code is the primary tool used by the Town of Truckee to carry out the goals, objectives, and policies of the Truckee General Plan. The Truckee Town Council intends that this Development Code be consistent with the Truckee General Plan, and that any land use, subdivision, or development approved in compliance with this Development Code will also be consistent with the Truckee General Plan.

18.01.040 - Applicability of the Development Code

This Development Code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the Town of Truckee, as follows.

A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 18.02.020 (Requirements for Development and New Land Uses), and Chapter 18.130 (Nonconforming Uses, Structures, and Parcels).

B. Issuance of construction permits. No building, grading, or other construction permit, temporary or final certificate of occupancy, or final building inspection may be issued or granted by the Department unless:

1. The proposed land use and/or structure satisfies the requirements of Subsection A. above;

2. The Director determines that the parcel was legally created in compliance with the Subdivision Map Act and Article V (Subdivisions), as applicable at the time the parcel was created, or Chapter 18.86 (Lot Line Adjustments); and

3. All conditions and requirements of any applicable land use permit have been met or guaranteed by security approved by the Town.

C. Subdivision of land. Any subdivision of land proposed within the Town of Truckee after the effective date of this Development Code shall be consistent with the general development requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision requirements of Article V (Subdivisions), and all other applicable requirements of this Development Code. Lot line adjustments shall comply with Chapter 18.86 (Lot Line Adjustments).

D. Occupancy of a site, structure, or vehicle for dwelling purposes. No land, structure, or vehicle shall be used for living or dwelling purposes for more than two weeks in any calendar year unless the land, structure, or vehicle is approved for occupancy for dwelling purposes in compliance with this Development Code.

E. Continuation of an existing land use. An existing land use is lawful and not in violation of the Truckee Municipal Code only when operated and maintained in compliance with all applicable provisions of this Development Code or, where applicable, Chapter 18.130 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment.

F. Effect of Development Code changes on projects in progress. The enactment of this Development Code or amendments to its requirements may impose different standards on new land uses than those that applied to previous development (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former Nevada County Land Use and Development Code or Truckee Zoning Ordinance provisions). The following provisions determine how the requirements of this Development Code apply to land use permit and subdivision applications for projects in progress at the time requirements are changed.

1. Projects with pending applications. All applications that have been determined by the Director to be complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment) before the effective date of this Development Code or any amendment, will be processed according to the requirements in effect when the application was accepted as complete, provided that the applicant complies with all requests for information, and proceeds with any necessary arrangements for the preparation and completion of environmental documents, within 90 days of a written request from the Town. Applications for land use permit or Tentative Map extensions of time (see Sections 18.84.050 and 18.96.150, respectively) shall be consistent with the requirements of this Development Code that are in effect when the time extension application is accepted as complete.

2. Approved projects not yet under construction. Any approved development for which construction has not begun as of the effective date of this Development Code or amendment, may still be constructed as approved, as long as all of the following standards are met:

a. Required Building Permits have been obtained before the expiration of any applicable land use permit (Section 18.84.050, Time Limits, Phasing, and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 18.84.050;

b. Construction is determined by the Director to be diligently pursued before the expiration of any applicable land use permit (Section 18.84.050, Time Limits, Phasing, and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 18.84.050. For the purposes of this section, diligent pursuit shall require, at a minimum, completion of all on-site grading in compliance with an approved grading plan or, if no grading is required, the installation of the foundation for all structures on the parcels;

c. The use of the property including the construction of all buildings and structures and other features of the project as shown on the approved permit shall be completed before the expiration of any applicable land use permit (Section 18.84.050, Time Limits, Phasing, and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 18.84.050;

d. The use of the property including the construction of all buildings and structures and other features of the project as shown on the approved permit shall comply with the requirements of the Development Code in effect at the time of the approved land use permit; and

e. The Director may approve minor changes to the project based on compliance with the requirements and standards of this Development Code if the changes:

1. Do not involve a feature of the project that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report (EIR) for the project;

2. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

3. Do not involve a substantial change to the site plan or the building design.

For example, the Director may approve minor changes to the number, design, and/or specifications of parking spaces if such changes are consistent with the parking requirements of this Development Code, parking was not specifically identified in the staff report as an issue for discussion, and parking was not specifically considered by the review authority as an issue for discussion or deliberation.

3. Approved projects not requiring construction. Any approved land use not requiring construction that has not been established as of the effective date of this Development Code or amendment, may still be established in compliance with its approved permit, as long as all of the following standards are met:

a. The use of the property as shown on the approved permit shall be established before the expiration of any applicable land use permit (Section 18.84.050, Time Limits, Phasing, and Extensions) or, where applicable, before the expiration of any approved time extension granted under Section 18.84.050;

b. The use of the property as shown on the approved permit shall comply with the requirements of the Development Code in effect at the time of the approved land use permit; and

c. The Director may approve minor changes to the project based on compliance with the requirements and standards of this Development Code if the changes:

1. Do not involve a feature of the project that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report (EIR) for the project;

2. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the proejct or that was a specific consideration by the review authority in the approval of the permit; and

3. Do not involve a substantial change to the site plan or the building design.

4. Approved subdivisions not yet recorded. Any approved subdivision for which a Parcel or Final Map has not been recorded as of the effective date of this Development Code or amendment, may still have a Parcel or Final Map recorded in compliance with the approved Tentative Map, as long as recordation occurs before the expiration of the Tentative Map (Section 18.96.130, Tentative Map Time Limits) or, where applicable, before the expiration of any approved time extension granted under Section 18.96.150 (Extensions of Time for Tentative Maps).

5. Projects under construction. A structure that is under construction on the effective date of this Development Code or any amendment, need not be changed to satisfy any new or different requirements of this Development Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of any applicable land use permit, or time extension granted in compliance with Section 18.84.050 (Time Limits, Phasing, and Extensions).

G. Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the Town, or any permit, approval or entitlement required by other provisions of the Municipal Code or the regulations of any Town department, or any County, regional, State, or Federal agency.

H. Conflicting permits and licenses to be void. All permits or licenses shall be issued by the Town in compliance with the provisions of this Development Code. Any permit or license issued in conflict with this Development Code shall be void.

18.01.050 - Responsibility for Administration

This Development Code shall be administered by the Truckee Town Council, Planning Commission, Zoning Administrator, Community Development Director, and the Truckee Community Development Department, in compliance with Chapter 18.120 (Administrative Responsibility).

18.01.060 - Partial Invalidation of Development Code

If any portion of this Development Code is for any reason held to be invalid, unconstitutional or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Development Code. The Truckee Town Council hereby declares that this Development Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional or unenforceable.