Chapter 18.74 - Development Permits
Sections:
18.74.010 - Purpose of Chapter
18.74.020 - Applicability
18.74.030 - Findings and Decision
18.74.040 - Conditions of Approval
18.74.010 - Purpose of Chapter
A. This Chapter establishes procedures for the review, and approval or denial of Development Permits, which are required by Article II (Zoning Districts and Allowable Land Uses) for land use activities with total project floor area of 7,500 square feet or more (5,000 square feet in the Downtown Study Area), or total disturbance area of 26,000 square feet or more, or eleven or more residential units.
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 site plan with the Director to verify compliance with all applicable land use development standards, any applicable design guidelines, and the requirements of other Town departments.
18.74.020 - Applicability
A. When required. Development Permit approval may be granted by the Commission for land use activities or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as an allowed use as follows:
1. An existing, new, or modified non-residential structure(s) that contains or would contain 7,500 square feet or more of total gross floor area (5,000 square feet or more in the Downtown Residential and Downtown Commercial and Manufacturing zoning districts) is proposed to be used or constructed;
2. Disturbance of 26,000 square feet or more of the subject site. Disturbance includes graded areas, landscaped areas, parking and access areas, structures, and other portions of the site to be improved; and/or
3. An existing, new, or modified residential structure(s) that contains or would contain eleven or more residential units is proposed to be used or constructed.
B. Incremental or phased
development projects. Incremental or phased developments shall be treated on a cumulative basis. Additions to projects that would bring the total project square footage to 7,500 square feet or more (5,000 square feet or more in the Downtown Residential and Downtown Commercial and Manufacturing zoning districts), or the total disturbance area to 26,000 square feet or more, or the total number of multi-family residential units to eleven or more requires the approval of a Development Permit. Modifications or additions to non-residential structure(s) that contain 7,500 square feet or more of total gross floor area (5,000 square feet in the Downtown Residential and Downtown Commercial and Manufacturing zoning districts) or residential structure(s) that contain eleven or more residential units shall require the approval of a new Development Permit or modifications of a Development Permit unless the modifications or additions may be authorized by the Director as a minor change to an approved project in compliance with Section 18.84.070(B)(1).
C. Other permits. A Development Permit shall be required before the approval of any Building, Grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.
18.74.030 - Findings and Decision
Following a public hearing, the Commission shall record the decision in writing with the findings upon which the decision is based. The Commission may approve a Development Permit application, with or without conditions, only if all of the following findings can be made:
A. The proposed development is:
1. Allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district with the approval of a Development Permit, 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, the Trails Master Plan, and the Particulate Matter Air Quality Management Plan.
B. The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;
C. The Development Permit 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 that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and
D. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services 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;
E. 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.
F. The proposed development is consistent with all applicable regulations of the Nevada County Department of Environmental Health and the Truckee Fire Protection District for the transport, use, and disposal of hazardous materials.
18.74.040 - Conditions of Approval
In approving a Development Permit, the Commission may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 18.74.030 (Findings and Decision).
