Town of Truckee DC Chapter 18.76

Chapter 18.76 - Use Permits and Minor Use Permits

Sections:

18.76.010 - Purpose of Chapter
18.76.020 - Applicability
18.76.030 - Findings and Decision
18.76.040 - Conditions of Approval

18.76.010 - Purpose of Chapter

A. This Chapter establishes procedures for the review, and approval or denial of Use Permits and Minor Use Permits, which are required by Article II (Zoning Districts and Allowable Land Uses) for land use activities which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effects on a site and surroundings cannot be determined before being proposed for a particular location.

B. The review process begins with the evaluation of the proposed use/construction to determine if the activity should be allowed on the subject site.

C. The process includes the review of the configuration, design, location, and potential impact(s) of the proposed use/construction by comparing it to established development standards and design guidelines.

18.76.020 - Applicability

A Use 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 in the following manner:

A. Minor Use Permits. A Minor Use Permit may be granted by the Zoning Administrator for the following land use activities or structure(s) in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a Minor Use Permit:

1. Soil remediation activities which are intended to last 30 days or more; and

2. Any existing, new, or modified land use activity or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as requiring a Minor Use Permit where a structure(s) that contains or would contain up to 7,500 square feet in total gross floor area (5,000 square feet in the Downtown Residential and Downtown Commercial and Manufacturing zoning districts) or disturbs or would disturb up to 26,000 square feet of total site area is proposed to be used or constructed.

B. Use Permits. Use Permits may be granted by the Commission for:

1. Any land use activity or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as requiring a Use Permit; and

2. Any existing, new, or modified land use activities or structure(s) identified in Article II as requiring a Minor Use Permit that contains or would contain 7,500 square feet or more in total gross floor area (5,000 square feet or more in the Downtown Residential and Downtown Commercial and Manufacturing zoning districts) or disturbs or would disturb 26,000 square feet or more of total site area.

C. Other permits. A Use Permit or Minor Use 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.

18.76.030 - Findings and Decision

Following a public hearing, the Zoning Administrator (Minor Use Permit) or Commission (Use Permit), as applicable, shall record the decision in writing with the findings upon which the decision is based. The Zoning Administrator may refer the application to the Commission for review and decision. The Zoning Administrator or Commission may approve a Use 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 Use Permit and complies with all other 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 Use 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;

D. The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity;

E. Granting the Use Permit would not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

F. The site for the proposed use 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. 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.

H. 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.

I. For Use Permits in the CH zoning district, the future development and land use planning of the subject property and the surrounding area has been taken into account in the approval of the subject Use Permit.

18.76.040 - Conditions of Approval

A. Review authority may impose conditions. In approving a Use Permit, the Zoning Administrator or 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 18.76.030 (Findings and Decision).

B. Examples of appropriate conditions. Appropriate conditions may include but not be limited to buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, periodic review of the permit with authority to modify or add new conditions based on the results of the review, property maintenance, signs, specified duration for the permit, surfacing, traffic circulation, etc.