Town of Truckee DC Chapter 18.78

Chapter 18.78 - Planned Developments

Sections:

18.78.010 - Purpose of Chapter
18.78.020 - Applicability
18.78.030 - Application Filing
18.78.040 - Findings and Decision
18.78.050 - Conditions of Approval

18.78.010 - Purpose of Chapter

A. This Chapter is intended to promote and encourage maximum flexibility in site planning, property development, design, and open space areas, while protecting the public health, safety, welfare, integrity, and character of the Town, and ensuring consistency with the General Plan and any applicable Specific Plan.

B. Planned Developments are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from the more traditional development review process.

C. Project review shall determine whether the proposed planned development should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effect(s) it may cause.

18.78.020 - Applicability

A. Use of Planned Development. A Planned Development may be requested by a property owner for any residential development project in any residential zoning district, any commercial development in any commercial zoning district, any industrial/manufacturing development project in any manufacturing zoning district, or any development in the Public zoning district.

1. The approval of a Planned Development may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope, off-street parking, street layout, etc.) identified in this Development Code, with the exception of density/intensity provisions;

2. A Planned Development may authorize a land use activity that is not otherwise allowed in the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses) provided the review authority finds that the primary uses of the planned development are allowed in the applicable zoning district and the planned development maintains the characteristics and purpose of the applicable zoning district; and

3. Approval of a Planned Development 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.

B. Compliance with General Plan. Strict compliance with the purpose and intent of the General Plan and any applicable Specific Plan shall be required.

18.78.030 - Application Filing

The applicant shall prepare and submit an application and project plan to the Department. The project plan shall be professionally prepared and shall include all information required by the Director.

18.78.040 - Findings and Decision

Following a hearing the Commission shall record the decision in writing with the findings upon which the decision is based. The Commission may approve and/or modify, in whole or in part, with specific development conditions or deny a Planned Development. The Commission may approve a Planned Development, only if all of the following findings can be made:

A. The proposed development is:

1. Allowed within the subject zoning district;

2. Generally complies with all of the applicable provisions of this Development Code and Public Improvement and Engineering Standards relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and

3. Consistent with the General Plan, any applicable Specific Plan, the Trails Master Plan, and the Particulate Matter Air Quality Management Plan.

B. The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from the strict application of the provisions and standards identified in this Development Code;

C. 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;

D. There are adequate provisions for public and emergency vehicle access, 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 design, location, size, and operating characteristics of the proposed development 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 approval of the Planned Development 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 could not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and

G. 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.

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.

18.78.050 - Conditions of Approval

In approving a Planned Development, the Commission may impose specific development conditions relating to the construction (both on- and off-site improvements), maintenance, on-site 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 18.78.040 (Findings and Decision). The conditions may relate to improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective zoning district).