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Appeal of Boulders Phase IV-C Amendment AGENDA ITEM . �✓ TOWN OF MEETING DATE: November 26, 2019 TO: Honorable May & Council Members FROM: Yumie Dahn, Associate Planner SUBJECT: Appeal of Boulders Phase IV-C Amendment APPROVED BY / Jeff Loux, Tow Manager RECOMMENDATION: That the Town Council conduct a public hearing and adopt Resolution 2019-69 thereby taking the following actions: • Uphold the decision of the Planning Commission on the Boulders Phase IV Project Amendment; • Deny the appeal of the Planning Commission's approval on the basis that the required findings to approve the project can be made; • Determine the project exempt from further environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act; • Approve the Project Amendment based on the recommended findings and subject to the recommended conditions of approval. • Deny the appellants' request for a refund of the appeal amount. As part of standard Town procedure, Town staff typically forwards and supports a prior Planning Commission decision to the Town Council on appeal. Due to additional staff research following the Planning Commission's October 2019 decision, the Town Council may consider the original staff recommendation to grant the application as submitted because the Commission was not provided entirely accurate information. It is unclear how the corrected information may have impacted the Planning Commission's review. Actions that the Town Council may take as an alternative to the recommended action include: 1. Grant the appeal and undo the Planning Commission action, leaving in place the 2015 condition, which requires lower affordable housing fees ($62,790.66 remaining for Phase IV-C; $2,325.578 per unit) and requires payment of both the affordable housing fees and the roundabout fees payable at Temporary or Final Occupancy; or 2. Grant the appeal and approve the appellants' request for the lower affordable housing fees ($62,790.66 remaining for Phase IV-C; $2,325.578 per unit) and allow payment of Page 1 of 12 Town Council Staff Report Page 2 of 12 both the affordable housing fees and the roundabout fees upon close of escrow. 3. Grant the appeal but determine that an alternative public benefit is necessary in order to approve the amended Planned Development. 4. If upon the conclusion of the appeal, the Council upholds the appeal and overturns the decision of the Planning Commission or the Council denies the appeal but finds that the appellants raised issues of substantial merit, approve the appellants’ request to refund the appeal amount. DISCUSSION: At its October 15, 2019 hearing, the Planning Commission approved 1) A Development Permit to renew the Boulders Phase IV-C, which includes two fourplexes (Buildings 32 and 43) and seven single-family residences (Buildings 36 to 42) and 29 guest parking spaces; 2) A Planned Development to allow 27 equivalent dwelling units in Phase IV-C, as calculated in accordance with Section 18.80.050.B. of the Development Code; to reduce the side yard setback to 20’ from 30’ for Buildings 36 through 42; parking reductions and tandem parking and 3) A Tentative Map Extension for Boulders Phase IV-C, which includes five common area lots and 27 condominium lots. Following the Planning Commission approval in October, staff identified that the Development Permit, Planned Development, and Tentative Map did not require approval/time extension and remain in effect until December 26, 2020. As a result, staff does not believe that the duration of these approvals is at issue in this appeal. But because the appellants are requesting a modification to the existing Planned Development, consideration of the appeal remains appropriate and is still part of the Town Council’s purview. At this point, the applicants are requesting only to modify the timing of payment of the affordable housing and roundabout fees. The appellants are appealing the Planning Commission’s approval of the Boulders Phase IV-C Amendment. The appellants are specifically appealing Condition of Approval No. 56 of Planning Commission Resolution 2019-24 which was adopted by the Planning Commission at its October 15, 2019 meeting. Condition of Approval No. 56 states the following: The Boulders shall pay $211,011.75 towards affordable housing over the life of the remaining project [15 units x 15% inclusionary requirement = 2.25 inclusionary units; 2.25 x $93,783 (affordable housing in-lieu fee, Town Council Resolution 2018-76) = $211,011.75]. The cost of the affordable housing shall be distributed equally among the 15 remaining units (Buildings 32 and 36 to 43) and shall be paid in accordance with the following schedule: MAIN QUESTION: The appellants are currently providing a fair share contribution to a future Deerfield/Dolomite roundabout, a dedication of land for the future roundabout, and are paying $100,000 toward affordable housing. Is this main amenity package proposed by the appellants adequate to make the findings for the amendment to the Planned Development? Town Council Staff Report Page 3 of 12 a. Phase IV-C (Buildings 32 and 36 to 43): Upon close of escrow of each unit, 1/15th of the affordable housing fee or $14,067.45 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $56,269.80 or $14,067.45 for each single-family residence. The total amount collected for Phase IV-C shall be $211,011.75. This payment shall be part of the requirements of the escrow instruction. b. Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. The appellants believe that the Town is prohibited from imposing Condition of Approval No. 56 as a new condition of map approval because the project approvals (Development Permit, Planned Development, and Tentative Map) remain in effect. The appellants are requesting that the Town Council grant the requested appeal, find that the Boulders Phase IV Development Permit, Planned Development, and Phase IV Vesting Tentative Map have not expired and remain in effect, set aside Condition of Approval No. 56 and instead reinstate the 2015 approved condition, which requires an affordable housing in-lieu fee for $62,790.72 for Phase IV-C ($2,325.58 for each unit)1. Overview of Appeal Process In accordance with Development Code Chapter 18.140 (Appeals), any determination or action by a Town decision maker can be appealed and Planning Commission decisions are appealable to the Town Council. The decision of the Council shall be final on all matters unless an appeal is filed with the Nevada County Superior Court. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for appeal. In accordance with Section 18.140.030.E (Filing and Processing of Appeals, Action), the appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority. When reviewing the appeal, the appeal body may: (a) Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement; or (b) Impose additional conditions that may address other issues or concerns than the original subject of the appeal. The appellant and other interested parties shall not present new evidence or testimony at the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body, that new information: (a) Was not previously available to the party; or (b) The party could not have participated in the review process because they could not have 1 As noted on Page 1 of this staff report, staff concurs that the Development Permit and Planned Development remain in effect, but not the Vesting Tentative Map. Town Council Staff Report Page 4 of 12 known about the review process. If new or different evidence is presented on appeal, the Council, may, but shall not be required to, refer the matter to the original review authority for further consideration. What information is provided during consideration of an appeal? In addition to the appellant’s submittal requesting the Council overturn the Planning Commission’s decision, the Council will receive a copy of the staff report reviewed by the Commission during consideration of the project. Further, the Council will be asked to consider the conditions of approval and findings amended by the Commission. The Conditions of Approval are the main component of this review as the appellants are not requesting that the Council reverse the approval entirely, but rather change an imposed condition. Regardless, the Council will be reviewing the Boulders Phase IV-C project without consideration of the Commission’s previous action—as if the project is being heard for the first time; this process is called a de novo review (Latin for “from the new”). However, due to the procedural issues that were identified after the Planning Commission’s hearing, the Town Council will only be reviewing the Project Amendment request and the appellant’s argument that the Vesting Tentative Map is still in effect. Accordingly, the Council will need to make a required series of findings in order to approve or deny the project, in addition to making a decision to approve or deny the appeal. While the Commission was initially the review authority for the Boulders Phase IV-C Amendment, due to submittal of the appeal, the Council becomes the final review authority and makes a decision without reference to the decision previously made by the Commission. In order to approve the Boulders Phase IV-C Project Amendment application on the same terms as the Planning Commission, thereby denying the appeal, the Council will need to make the findings set forth in draft Resolution 2019-69. Should the Council wish to grant the appeal, the Town Council should make new findings in support of the appeal. Project Background This section provides the information that was reviewed by the Planning Commission, with amended information based on the information discovered after the Planning Commission’s review. As noted, it is unclear to staff if and how the new information would have impacted the Planning Commission’s review. For this reason, staff believes it would be helpful to consider the project facts as they should have been presented to the Planning Commission. Background In 2001, 180 condominium units in the Boulders Phases I-III were approved. In 2006, the Boulders Phase IV was approved which allowed for reconfiguration of units from the previous phases and addition of 31 units (total 43 units in Phase IV) in the western portion of the Boulders project. Phases I-III have been constructed. On April 20, 2015, the appellants submitted an application (see Attachment No. 13 for letter from appellant, Planning Application 2015-00000043) requesting relief from the moderate income housing requirements in Phase IV, find that the 15% inclusionary housing requirement had been met with the affordable housing requirements in Phases I to III, and remove the requirement for Town Council Staff Report Page 5 of 12 the five affordable housing units. On September 1, 2015, the appellants provided a more robust justification letter (Attachment No. 14) which requested a Tentative Map extension, removal of the five affordable housing units in Phase IV in exchange for payment of $100,000 toward affordable housing, an amendment to allow payment of a fair share portion of the Deerfield roundabout, and break up Phase IV into four additional phases (which was eventually changed to three phases: Phase IV-A, which had two fourplexes; IV-B, which had two fourplexes, and IV-C, which has five fourplexes and seven single- family residential units). As part of this request, the applicants submitted a letter requesting an extension of the Tentative Map. However, due to the expiration of the Vesting Tentative Map on July 22, 2015, a new Tentative Map was required. On October 20, 2015, the Planning Commission approved Resolution 2015-10 which approved a new phased Tentative Map for Phase IV and amended the following conditions (See Attachment No. 9 for the October 20, 2015 Planning Commission staff report and minutes and Attachment No. 11 for final resolution):  Amend Condition of Approval #7 of Resolution No. 2006-12, modifying the affordable housing requirement to eliminate the construction and dedication of three moderate-income residential units and two lower-income units (5 units total) in perpetuity within The Boulders Phase IV and requiring payment of a $100,000 inclusionary housing fee per the payment schedule;  Amend Condition of Approval #25 of Resolution No. 2006-12, eliminating construction of a roundabout on Deerfield Drive and requiring payment of a fair share contribution towards roundabout construction per the payment schedule; and  Amend Condition of Approval #12 of Resolution No. 2001-01, extending the remaining construction completion timeline for the remaining 300-foot trail/sidewalk to prior to Temporary or Final Certificate of Occupancy for any of the residential units in Phase IV-C. Phases IV-A (Buildings 25 and 27) and IV-B (Buildings 29 and 31) have been completed. The appellants are under construction for Phase IV-C (Buildings 33, 34, and 35), have submitted building permit applications for Buildings 36-42 of Phase IV-C have submitted a Final Map/Condominium Plan application for Phase IV-C in 2017 and improvements are under construction. Proposed Amendment Given the information discovered following the October Commission, at this time, t he appellants are solely requesting a Project Amendment to the Planned Development. Specifically, the appellants are requesting the following two modifications:  Amend Condition of Approval No. 12 of Resolution 2015-10 (previously, Condition of Approval No. 7 of Resolution No. 2006-12) to modify payment of the inclusionary housing fee for Phase IV-C (Buildings 32-43) from temporary or final occupancy to at close of escrow.  Amend Condition of Approval No. 13 of Resolution 2015-10 (previously, Condition of Approval No. 25 of Resolution No. 2006-12) to modify payment of the roundabout construction for Phase IV-C (Buildings 32-43) from temporary or final occupancy to at close of escrow. Town Council Staff Report Page 6 of 12 All other conditions of approval, site planning, and architecture for the project are proposed to remain the same from the previous approval. Boulders Phase IV (Building numbers shown in blue) The approvals for the Boulders Development Permit, Planned Development, and Tentative Map remain in effect until December 26, 2020. The appellants have diligently pursued completion of this project. The appellant team has constructed Phase IV-A (Buildings 25 and 27) in 2015 and 2016 and Phase IV-B (Buildings 29 and 31) in 2018. The building permits for Buildings 33, 34, and 35 within Phase IV-C were issued on June 27, 2018 and the Final Map for Phase IV-C was submitted on September 22, 2017. The appellants are working to finalize the improvements for Phase IV-C for recordation and submitted building permits for Buildings 36 to 42 (parts of Phase IV-C). General Plan/Development Code Consistency As with the original Planned Development, the Phase IV Planned Development was approved on the basis that the modifications to the standard regulations would provide a more comprehensive project with the following: 1) Spacing for the buildings to provide better private space and community open space; 2) Better Integration of the residents from the RS-2 parcel into the residential community; 3) Provide for corner duplexes which give the appearance of a single unit from the street; and 4) Providing additional affordable housing units to the 32 moderate units previously provided by the project, equating to 17% of the total project for affordable housing (37 on-site affordable units total for Phases I through IV). The appellants have stated that the fair share contribution to the construction of the roundabout is the public benefit that supports the Planned Development. At the time of the original application for the 180 units in The Boulders, the Town had not adopted an Inclusionary Housing Ordinance. However, the developers proposed an affordable housing 42 41 40 39 38 37 36 35 34 33 43 32 27 25 29 31 Town Council Staff Report Page 7 of 12 plan for 32 moderate units, or 17.8%. The appellants sold nine units as deed-restricted moderate- income units. Since then, several units have fallen out of deed-restriction due to lack of qualified affordable buyers in the housing market. Currently, there are five deed-restricted units within the Boulders. Additionally, since the remaining 23 units did not sell to qualified buyers, the appellants fulfilled this requirement through payment of 23 in-lieu fees ($36,000 each). In 2006, as part of the Boulders Phase IV approval, the developer was required to construct and offer three moderate-income residential units and two lower-income residential units, in perpetuity. This would bring the total of the affordable housing units in the Boulders Phase I-IV to 17.5% (37 affordable units/211 units in total). In 2015, the Planning Commission approved an amendment to the affordable housing requirement finding that the existing affordable housing provided within Phases I-III met the affordable housing requirements for all phases of the Boulders (Phases I-IV). The Planning Commission found that the 32 affordable housing unit requirement that was previously provided met the affordable housing requirements of 15% (211 total units x 15% = 31.65 units). It was the appellant’s position in 2015 that the project met the substantial public amenity requirement for Phase IV without the five affordable housing units for these reasons: 1) With market rate units in the area of $400,000 (in 2015), the Boulders units are already affordable units; - Staff note: These units currently range from $609,000 to $625,000. 2) The Boulders provided a portion of the land for the future Deerfield Roundabout and is willing to pay a fair share contribution to the construction of the roundabout; - The land was provided as part of Phase III. 3) The Boulders has provided a public amenity by constructing three-fourths of an eight-foot wide “sidewalk/trail”); - Staff note: This was a requirement of the 2001 approval. 4) The Boulders contributed over $1 million to the Town’s affordable housing program; - Staff note: Staff believes that at the time of the 2015 application, $828,0000 were provided in in-lieu-fees, which is now considered part of the 15% inclusionary housing requirement) 5) The Boulders meets the required 15% inclusionary housing requirement; - Staff note: This is a Development Code requirement. 6) The Boulders has paid impact fees totaling $25,226 per unit; and - Staff note: This is a standard requirement of development. 7) The Boulders created the first affordable housing program in the community. In order to make the findings for the Planned Development which requires a public amenity, in 2015, the appellants proposed continued payment of $20,000 for each of the remaining five affordable housing units required in Phase IV or $100,000. The appellants have paid $37,209.28 for Phases IV-A and IV-B, of which $62,790.66 is remaining. Additionally, since the roundabout was not a requirement by the Development Code or Town Engineer or necessary to satisfy a traffic level-of-service deficiency caused solely by The Boulders, the fair share contribution was considered as part of the public amenity that is being offered to the community to help support the justification for the Planned Development. The appellants have paid $98,142.88 toward the roundabout, While $165,616.11 remains for Phase IV-C. Town Council Staff Report Page 8 of 12 The appellants are using the same justification and proposed amenity package for the current project. If approved, the appellants would pay the remaining $62,790.66 housing in-lieu fee (Condition of Approval No. 57) and the $165,616.11 roundabout fee (Condition of Approval No. 58) over the course of construction of the remainder of the project. As part of the latest Planned Development request and modification, the appellants are requesting that the Town Council consider a change to the payment schedule for the remaining fees for the housing in-lieu fee and the roundabout from the previous approval. The appellants would like to pay equal portions of the remaining fees at close of escrow of each unit. The proposed modifications to the payment schedule of the roundabout and housing in-lieu fees are unique and constitute a departure from the standard requirement to pay fees prior to building occupancy. Generally, such fees are tied to the building permit to ensure that some oversight could be provided. Planning Commission Action As noted previously, upon review of the 2015 approval and the requested 2019 action, staff mistakenly believed that the Development Permit and Planned Development expired on October 30, 2017 and that the phased Tentative Map expired on October 20, 2019 due to the language identified in the conditions of approval. If the project entitlements expired, the appellants would be required to renew the land use permits through a new project approval. Based on this information, the Planning Commission deliberated and approved the Boulders Phase IV-C Amendment at its October 15, 2019 hearing. The project included the following land use approvals: 1) A Development Permit to renew the Boulders Phase IV-C, which includes two fourplexes (Buildings 32 and 43) and seven single-family residences (Buildings 36 to 42) and 29 guest parking spaces; 2) A Planned Development to allow 27 equivalent dwelling units in Phase IV-C, as calculated in accordance with Section 18.80.050.B. of the Development Code; to reduce the side yard setback to 20’ from 30’ for Buildings 36 through 42; parking reductions and tandem parking; and 3) A Tentative Map Extension for Boulders Phase IV-C, and includes five common area lots and 27 condominium lots. As part of this approval, the Planning Commission approved, with a 3-1 vote, the requested amendment to Condition of Approval No. 13 of the 2015 approval (Planning Commission Resolution 2019-24, Condition of Approval No. 57) which allowed deferral of payment of the roundabout fee from temporary or final occupancy to close of escrow, removed Buildings 33, 34, and 35 from the project description, and amended Condition of Approval No. 12 of the 2015 approval (Planning Commission Resolution 2019-24, Condition of Approval No. 56), as follows: The Boulders shall pay the remaining $62,790.66 of the $100,000 $211,011.75 towards affordable housing requirement over the life of the remaining project [15 units x 15% inclusionary requirement = 2.25 inclusionary units; 2.25 x $93,783 (affordable housing in- lieu fee, Town Council Resolution 2018-76) = $211,011.75]. The cost of the affordable housing shall be distributed equally among the 27 15 remaining units (Buildings 32 and 36 to 43) and shall be paid in accordance with the following schedule: Town Council Staff Report Page 9 of 12 a. Phase IV-C (Buildings 32 and 36 to 43): Upon close of escrow of each unit, 1/43rd 1/15th of the affordable housing fee or $2,325.58 $14,067.45 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $9,302.33 or $2,325.58 $56,269.80 or $14,067.45 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.72 $211,011.75. This payment shall be part of the requirements of the escrow instruction. b. Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. Development Code Section 18.84.070 (Changes to an Approved Project) requires that if the review authority approves changes to a project which involves a feature of the project that was a basis for conditions of approval for the project that imposed limitations, restrictions, or requirements upon the feature above and beyond the requirements of this Development Code or that was a specific consideration by the review authority in taking action in the approval permit, approval must be made through a new land use permit application or modification of a land use permit, processed in compliance with the Development Code. If the new land use permit application or modification of a land use permit is subsequently approved by the review authority, any previously approved land use permit shall be deemed void and superseded by the new land use permit or modification. Therefore, with a modification to the land use permit, the review authority is tasked with reviewing the project for consistency with the effective Development Code. For this particular project, this includes reviewing the current Planned Development requirements. Under the current Development Code, Planned Developments are required to have one of four mandatory features: 1. A minimum of 25 percent of the residential units within the project are affordable to households of very low, low or moderate; or 2. The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the Leadership in Energy and Environmental Design (LEED) or other equivalent rating system; or 3. The project will achieve a minimum of 30 percent greater energy efficiency than the minimum required by California Code of Regulations Title 24. 4. The project will provide a substantial public amenity (e.g-a significant public plaza or park, transit shelter, or public trail) beyond that otherwise required by this Development Code. Additionally, this specific finding is required for Planned Developments: 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. Town Council Staff Report Page 10 of 12 The appellants requested a Project Amendment to the Planned Development, specifically the requested amended affordable housing and roundabout conditions, in the context of the current Development Code requirements. In 2015, the Planning Commission, at that time, found that the Boulders complied with the 15% inclusionary housing requirements with the 32 affordable housing units provided as part of Phases I-III. With 211 units within the entire Boulders project (Phases I- IV), 32 affordable units are required to meet the 15% requirement (211 x 15% = 31.65). The appellants sold nine units as deed-restricted moderate-income units. Since then, several units have fallen out of deed-restriction due to lack of qualified affordable buyers in the housing market. Currently, there are five deed-restricted units within the Boulders. Additionally, since the remaining 23 units did not sell to qualified buyers, the appellants fulfilled this requirement through payment of 23 in-lieu fees ($36,000 each). Even without the additional affordable housing units in Phase IV, the appellants believe that they addressed the requirements for the Planned Development based on the previously made public amenities package listed under the description of the 2015 approvals. However, the Planning Commission found that the public amenities described by the appellants were insufficient and additional public amenities are required to make the findings for the Planned Development. The Planning Commission believed that in order to make the findings for the Planned Development, either a public amenity beyond the identified benefits must be provided or 25% of the units in Phase IV-C must be deed restricted for affordable housing, or that the green building requirements be met. With the understanding that much of the project has been substantially constructed, the Planning Commission asked the appellants to consider deed restricting a portion of the units to local housing, but the appellants refused this request stating that it would make financing the project infeasible. Therefore, the Planning Commission found that payment of the currently adopted affordable housing in-lieu fees ($93,783) equal to 2.25 affordable housing units (15 units in Buildings 32 and 36 to 43 x 15% = 2.25 units; 2.25 x $93,783 = $211,011.75) would provide a public amenity sufficient to meet the current requirements of the Development Code. Additionally, in order to assist the appellant team, the Planning Commission removed Buildings 33, 34, and 35 (12 units) from the 2019 project description to allow those units to be completed under the previously approved $100,000 affordable housing requirement ($2,325.58 per unit) and not add to the required inclusionary housing requirement (for 27 units, four affordable housing units would be required). Instead, only the remaining 15 units (Buildings 32 and 36 to 43), would count toward the inclusionary housing percentage and the $14,067.45 per unit requirement would only apply to these units. See Attachment No. 4 for the October 15, 2019 Planning Commission minutes. The one dissenting vote believed that deed restricted affordable housing should be required within Phase IV-C. Following the Planning Commission approval in October, staff identified that the Development Permit, Planned Development, and Tentative Map did not require approval/time extension and remain in effect until December 26, 2020. Logistically, with the filing of the appeal, which stops the Planning Commission action to approve the Boulders Phase IV-C Project Amendment, the appellants could have withdrawn the 2019 application and moved forward with the 2015 project as approved. But because the appellants are requesting a modification to the existing Planned Development, and have not withdrawn their Town Council Staff Report Page 11 of 12 application, consideration of the appeal remains appropriate and is still part of the Town Council’s purview. Specifics of the Appeal The appellants submitted an appeal of the Commission’s approval of the Boulders Phase IV Project Amendment on October 25, 2019. The appellants’ submittal outlines their position on the Boulders Phase IV-C project and contends that Condition of Approval No. 56 of Planning Commission Resolution 2019-24 (Town Council Resolution 2019-69 Condition of Approval No. 53) should not have been approved by the Planning Commission. The appellant is requesting that the Town Council (1) grant the requested appeal, (2) find that the Boulders Phase IV Development Permit, Planned Development, and Phase IV Vesting Tentative Map have not expired and remain in effect, (3) set-aside the Additional Fee Condition; and (4) instead adopt the amended condition offered by Appellant and recommended by Staff in its October 15, 2019 Staff Report. Attachment No. 12 provides a response to each of the items listed in the appeal application. Findings Due to the appeal, the Council is now the final decision maker on the Boulders Phase IV-C Project Amendment project. While the Planning Commission made findings to approve the Project Amendment in October, the Council will need to make its own findings to approve the Project Amendment based on Council’s direction. The enclosed Resolution includes findings in support of approval of the Project Amendment consistent with the Commission’s decision. Should the Council find merit in the appeal and wish to modify the resolution, the Council may modify the conditions and the findings at the meeting or direct Town staff to prepare a revised Resolution and/or revised findings and return at a future Council meeting with the modified documents. Staff Recommendation Staff recommends that the Council consider the Planning Commission’s action, review the project proposal with the corrected information, and determine if the proposed amenities benefit package sufficiently meets the requirements of the Planned Development. As a de novo review, the Council has full authority to make a decision which differs from the Commission’s prior decision and to determine the appropriate level of benefit has been provided to support approval of a Planned Development. Staff does not believe that the 2006 Vesting Tentative Map and the benefits of a Vesting Tentative Map were extended or renewed in 2015. The letter requesting the extension does not indicate that the “vesting” component of the map be extended. The extension request is clearly dated after the expiration date and the Planning Commission approval (Resolution 2015-10) clearly states that the approval is for a “Tentative Map” without note of vested rights. Further, the appellants voluntarily sought an amendment to the Conditions of Approval, with knowledge that the Planning Commission has discretion in their review and that their request may not be granted. Because the appellants requested the Project Amendment and because the project is not bound by a Vesting Tentative Map, staff believes it is in the Town Council’s purview to makes changes to Condition No. 56 (Condition No. 53 of the Town Council Resolution 2019-69), as amended by the Planning Commission, if desired. FISCAL IMPACT: The $985 cost of submitting this appeal is paid for by the appellants through a fixed-fee application. However, the cost of processing the appeal will undoubtedly surpass the Town Council Staff Report Page 12 of 12 amount of the fixed fee, which includes preparation of the staff report, public noticing and staff’s attendance at the upcoming Council hearing. Nonetheless, those fiscal impacts will be minimal to the Town. The appellant has requested a refund of the appeal fees, and the Council will need to address this request. The Town Council may direct staff to refund all or a portion of the appeal fee if upon the conclusion of the appeal, the Council upholds the appeal and overturns the decision of the Planning Commission or the Council denies the appeal but finds that the appellants raised issues of substantial merit. PUBLIC COMMUNICATIONS: Town staff provided notice of this hearing through a public notice published in the Sierra Sun and a notice mailed to property owners within 500’ of the project site. In addition, notice of this hearing has been provided in accordance with the Town Clerk’s standard noticing procedures for Council meetings. ATTACHMENTS: 1. Appeal submitted by Spencer Ewing and David Gardner 2. Draft Resolution 2019-69 3. Link to October 15, 2019 Planning Commission Staff Report http://laserfiche.townoftruckee.com/weblink/0/doc/59414256/Page1.aspx 4. Link to Draft October 15, 2019 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/59418531/Page1.aspx 5. Final (Unsigned) Planning Commission Resolution 2019-24 6. Link to the July 12, 2006 Planning Commission Staff Report http://laserfiche.townoftruckee.com/WebLink/0/doc/23801/Page1.aspx 7. Planning Commission Resolution 2006-12 8. Link to the July 12, 12006 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/24537/Page1.aspx 9. Link to October 20, 2015 Planning Commission Staff Report http://laserfiche.townoftruckee.com/WebLink/0/doc/59150967/Page1.aspx 10. Link to October 20, 2015 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/59188898/Page1.aspx 11. Planning Commission Resolution 2015-10 12. Response to Specifics of the Appeal 13. April 13, 2015 Initial Project Request from Appellant for Planning Application 2015- 00000043 14. September 1, 2015 request to extend the 2006 Tentative Map and affordable housing proposal for Planning Application 2015-00000043 ' . APPEAL REQUEST FORM Project Number/N ame of Decision being Appea led: Application No. 2019-0 0000127/DP-PD-EXT; Planning Commission adopt Resolut ion 201 9-24 Type of Decision: (i.e. similar use determination, use permit, tentative map, variance, etc.) Development Permit to renew the Boulders Phase IV-C Description of Decision: Development Pem,it IO renew the Boolde,s Phase IV-C with the new condition the Developer Increase the lo-lieu of affordable house fee by $176.000 o $276.011.75. The Original in-lieu of fee of $100,000 was approved when the Original Permit was issued 10/20/2015. I/we hereby appeal the decision as follows: Appeal Description (Attach additional sheets if necessary): 1.Detail what is being appealed and what action or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. See Attachment 2.State why you are appealing-be specific. Reference any errors or omissions. Attach any supporting documentation. See Attachment 3.Please provide a summation of your arguments in favor of the appeal. See Attachment 4.State the changes or action requested of the appeal body. Repeal the $176,000 increase to the in-lieu of affordable house fee. I/we certify that I/we are the: ii Legal owner(s) ii Authorized Legal Agent(s) D Other Interested Persons Phone: 530-582-7820 Truckee Community Development Department 10183 Truckee Airport Road, Truckee, CA 96161 Fax: 530-582-7889 Appeal Description: ATTACHMENT TO TOWN OF TRUCKEE APPEAL REQUEST FORM 1.Detail what is being appealed and what action or changes you seek. Specifically address the findings, mitigation measures, conditions and/or policies with which you disagree. The Appellant in this matter is appealing the Town of Truckee Planning Commission's imposition of the following condition of approval made at the October 15, 2019 hearing on Application No. 2019-00000127/DP-PD-EXT (Boulders Phase IV-C Renewal) as part of the Commission's adoption of Resolution No. 2019-24: inclusionary housing fee equivalent to 2.25 units at existing in lieu fee price will be applied to the project and paid upon close of escrow. The foregoing condition is hereinafter referred to as the "Additional Fee Condition." The imposition of the Additional Fee Condition purports to result in an in lieu fee payment of approximately $176,000 above that proposed by the Appellant, recommended by staff, and approved by the Planning Commission in 2015. The Appellant is requesting that the Town Council set-aside the Additional Fee Condition and instead adopt the amended condition offered by Appellant and recommended by Staff in its October 15, 2019 Staff Report to the Planning Commission as follows: 56.The Boulders shall pay the remaining $$62,790.66 of the $100,000 affordable housing requirement over the life of the remaining project. The cost of the affordable housing shall be distributed equally among the 27 remaining units and shall be paid in accordance with the following schedule: a.Phase IV-C (Buildings 32 to 43): Upon close of escrow of each unit, 1143rd of the affordable housing fee or $2,325.58 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $9,302.33 or $2,325.58 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.72. This payment shall be part of the requirements of the escrow instruction. b.Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division Recommendation) Appellant also requests a refund of any appeal fees pursuant to Truckee Development Code §18.140.030.F. Page 1 of 6 2.State why you are appealing-be specific. Reference any errors or omissions. Attach any su pporting documentation. The Boulders project was originally approved in 2001. At that time, the Town did not have inclusionary housing requirements, but the Appellant offered to serve as a "model" development for affordable housing, and proposed an affordable housing plan for 32 units, or 17.8% of the total units constructed on site. In order to fulfill this requirement, Appellant paid 23 in-lieu fees ($36,000 each) and sold nine units as deed-restricted moderate-income units. Subsequently, Appellant acquired what would become Phase IV of the Boulders Development, and in 2006, the Town approved a vesting tentative map for Phase IV. At that time, the Town still had no inclusionary housing programs in effect, and while subsequent affordable housing requirements could not be applied to the vesting tentative map, Appellant nevertheless agreed to provide additional inclusionary housing. In 2015, Appellant applied to amend its vesting tentative map to allow for phasing of the Phase IV development. As explained in the October 20, 2015 Planning Commission staff report (page 12): In order to allow for the phasing of the Tentative Map, the original Phase IV Tentative Map is required to be amended. The Planning Commission is the review authority for Tentative Maps that create five or more parcels. The physical environment associated with this Tentative Map is not being altered and all existing easements will remain. Importantly, as noted in the staff report above, this phasing plan was not intended to relinquish any rights afforded under the Phase IV vesting tentative map approved in 2006, but rather, to amend the vesting tentative map and continue to develop in accordance with the vested rights afforded under the vesting tentative map in phases, as authorized under Government Code §66456.1. In addition to the phasing plan, the Town approved a modified affordable housing program in which the Appellant would pay to the Town's Housing Fund $100,000 for the inclusionary housing Appellant had voluntarily committed to provide under Phase IV. On June 19, 2019, Appellant submitted an application to amend the conditions of approval adopted for Phase IV in 2017, requesting that payment of inclusionary housing and roundabout contribution fees be deferred from Certificate of Occupancy for each unit to close of escrow of each unit. After filing of the application staff informed Appellant that the Boulders Phase IV development permit and planned development had expired on October 30, 2017. For the reasons set forth below, Appellant disagrees with this contention, yet nevertheless agreed to process an amended application for a new planned development permit and development permit. During the Planning Commission hearing, two Commissioners expressed concern that the findings for a new development permit and planned development for Phase IV could not be made, despite the ample public benefit provided by the entire Boulders development, as Page 2 of6 supported in the staff report. Under the erroneous assumption that the development permit and planned development had expired, the Commission adopted the Additional Fee Condition. This appeal is also made on the following non-inclusive grounds: •The Additional Fee Condition is an abuse of discretion, arbitrary, capricious, and lacking in evidentiary support, and the Planning Commission failed to follow the procedure and give the notices required by law;•The Additional Fee Condition violates the Subdivision Map Act (Government Code §66410 et seq.) ("Map Act"); •The Additional Fee Condition violates the Housing Accountability Act (Government Code § 65589.5);•The Additional Fee Condition violates Government Code§ 65961, which prevents the Town from imposing new conditions on any permit after approval of a tentative map if the condition could lawfully have been imposed as a condition to the previously approved tentative map;•The Town is prohibited from adding new conditions to a tentative map when acting on an application for extension of the map. (El Patio v. Permanent Rent Control Bd. (1980) 110 Cal.App.3d 915; Truckee Development Code§ 18.84.055.A.5 ("On Tentative Map extensions, the review authority shall either approve, without new conditions, or deny the extension.").) •The Phase IV vesting tentative map remains in effect, and the Additional Fee Condition violates Appellant's statutory vested rights. •Findings required under Government Code § 66498.1 ( c ), required to condition an extension of a vesting tentative map, were not validly adopted by the Planning Commission.•The Town cannot impose development fees in excess of those in effect at time vesting tentative map application was deemed complete. (Kaufman & Broad Cent. Valley, Inc. v. City of Modesto (1994) 25 Cal.App.4th 1577.) •To the extent the Additional Fee Condition applies to any units for which Appellant has already been issued building permits, it violates Appellant's common law vested rights. (Avco Community Developers, Inc. v. South Coast Reg'/ Comm'n (1976) 17 Cal.3d 785, 791; Toigo v. Town of Ross (1998) 70 Cal.App.4th 309.)•The development permit and planned development permit remain in effect under Truckee Development Code§ 18.84.050.B.3. and Government Code§§ 66452.12 and 65863.9.•The vesting tentative map, development permit, and planned development have been extended under Government Code§ 66452.6(a), allowing for phasing of tentative maps. •Equitable principles, including estoppel, nullify the Additional Fee Condition. •The Additional Fee Condition violates Appellant's substantive and procedural due process rights (U.S. Const. amend XIV, §1; Cal. Const. art. 1, §7);•The Additional Fee Condition singles Appellant out for disparate treatment without any rational basis and in a wholly arbitrary manner in violation of the constitutional guarantees of equal protection under the law (U.S. Const. amend. XIV; Cal. Const. art. 1, §7);•The Additional Fee Condition constitutes a taking of Appellant's property rights (U.S. Const. amend. V; Cal. Const. art. 1, § 19); Page 3 of6 •The Additional Fee Condition is inconsistent with and violates the Town's Development Code. 3.Please provide a summation of your arguments in favor of the appeal. As summarized below, and as may be supplemented by additional information submitted by Appellant, the Boulders Phase IV project approvals have not expired and are vested pursuant to the Phase IV vesting tentative map. While the Planning Commission's 2015 phasing plan for Phase IV purported to adopt two separate expiration dates for the Phase IV approval, 24 months for the "Project Amendment" approval, and until October 20, 2019 for the Phase IV tentative map, the two separate dates appear to have been made in error, and are not supported by the Town's Development Code, State law, or the Town's subsequent actions. As explained in page 4 of the October 15, 2019 Staff Report, "Staff believes that the intent in 2015 was to allow the Boulders Phase IV to build out through 2021. The applicant team has diligently pursued completion of this project." The Staff Report concludes that the 2015 conditions of approval erroneously included a different expiration date for the planned development and development permit than for that of the Phase IV map. Importantly, Truckee Development Code§ 18.84.050.B.3. provides: "If the application for the land use permit also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit or entitlement shall be exercised before the expir�tion of the companion Tentative Map." Thus, under the Town's Development Code, expiration of the planned development and development permit should be tied to the life of the Phase IV map. Further, Government Code§ 66452.12 provides that any permit issued by a local agency in conjunction with a tentative subdivision map for a planned unit development 1 shall expire pursuant to Section 65863.9. Section 65863.9 in turn provides that unless an earlier expiration appears on the face of the permit, any permit which is issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Even after the erroneous date of expiration for the planned development and development permit had passed in 2017, the Town continued to process applications for building permits for the Boulders Phase IV as if these permits remained fully in effect, consistent with the Town's Development Code tying the expiration of land use permits for phasing to the map expiration. Moreover, because the project approvals are subject to phasing, they have been automatically extended under the Map Act by the filing of final maps for each Phase IV phase. Pursuant to Government Code § 66452.6( a), on the filing of a final map constituting a phase, the life of the 1 While there is no statutory definition of a planned unit development, the Town's Planned Development (Development Code Chapter 18.780), is consistent with case law defining a planned unit development. (See, e.g. Orinda Homeowners Committee v. Board of Supervisors (1970) 11 Cal.App.3d 768.) Page 4 of 6 remainder of the tentative map is extended by 36 months beyond its normal expiration date if the subdivider is required to construct, or to finance the construction of, public improvements of $236,790 (as adjusted for inflation) or more outside the boundaries of the tentative map. Through the payment of in lieu fees for the development of off site affordable housing, the roundabout, and additional fees, contributions, and improvements constructed, Appellant has met the threshold amount provided for phasing extensions under Government Code§ 66452.6(a). With the Phase IV-B final map being recorded December 26, 2017, the new expiration date for project approvals is December 26, 2020. Even if the project approvals were not extended by virtue of phasing, Appellant timely filed an application for extension prior to the original October 20, 2019 expiration, and thus, the project approvals are automatically "extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first." (Gov. Code§ 66452.6(e).) Because the project approvals and map remain in effect, the Town is prohibited from imposing the Additional Fee Condition as a new condition to map a pproval, which the Planning Commission purportedly did. (Truckee Development Code§ 18.84.055.A.5 ("On Tentative Map extensions, the review authority shall either approve, without new conditions, or deny the extension."); El Patio v. Permanent Rent Control Bd. (1980) 110 Cal.App.3d 915 (in deciding on a tentative map extension, the local agency cannot impose new conditions or reconsider findings made when the map was adopted).) Further, the "one bite of the apple rule," applicable to residential subdivisions, prohibits the Town from imposing new conditions on any permit after approval of a tentative map if the condition could lawfully have been imposed as a condition to the previously approved tentative map. (Gov. Code§ 65961.) In addition, as explained above, because the 2015 Planning Commission approval was not intended to abrogate the vesting tentative map for Phase IV, but merely break the development up into phases, the Phase IV approvals remain vested. Accordingly, the Town cannot impose development fees in excess of those in effect at time vesting tentative map application was deemed complete. (Kaufman & Broad Cent. Valley, Inc. v. City of Modesto (1994) 25 Cal.App.4th 1577.) Nor can the Town condition or deny an extension for a vesting tentative map unless it expressly finds that the (i) extension would result in a condition dangerous to the health or safety of the community, or (ii) the condition or denial is required in order to comply with state or federal law. Neither of these findings were or could be made by the Planning Commission, rendering the imposition of the Additional Fee Condition invalid. Finally, even if a new planned development and development permit were required, substantial ,evidence supports approval of the Appellant proposal and staffs recommended modifications to timing of payments, without imposition of the Additional Fee Condition. The record is replete with the significant public amenities and benefits afforded by the Boulders project since its inception, and the Appellant has voluntarily contributed significantly more to affordable housing and off-site improvements than they were required to by law. Page 5 of6 • I I l 4.State the changes or action requested of the appeal body. The Appellant is requesting that the Town Council (1) grant the requested appeal, (2) find that the Boulders Phase IV Development Permit, Planned Development, and Phase IV Vesting Tentative Map have not expired and remain in effect, (3) set-aside the Additional Fee Condition; and (4) instead adopt the amended condition offered by Appellant and recommended by Staff in its October 15, 2019 Staff Report to the Planning Commission as follows: 56.The Boulders shall pay the remaining $$62,790.66 of the $100,000 affordable housing requirement over the life of the remaining project. The cost of the affordable housing shall be distributed equally among the 27 remaining units and shall be paid in accordance with the following schedule: a.Phase IV-C (Buildings 32 to 43): Upon close of escrow of each unit, 1143rc1 of the affordable housing fee or $2,325.58 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $9,302.33 or $2,325.58 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.72. This payment shall be part of the requirements of the escrow instruction. b.Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division Recommendation) Appellant also requests a refund of any appeal fees pursuant to Truckee Development Code § 18.140.030.F. Appellant hereby incorporates by reference the complete administrative record of proceedings in this matter. Appellant also reserves the right to submit additional information/justification in support of this appeal. Page 6 of 6 Page 1 of 24 Town of Truckee California TOWN COUNCIL RESOLUTION 2019-69 A RESOLUTION OF THE TOWN OF TRUCKEE TOWN COUNCIL APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C AMENDMENT WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2001-01 approving the Boulders Phases I-III Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for a 180-unit condominium development on February 14, 2001; and WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2006-12 approving the Boulders Phase IV Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for an additional 31 units (43 total units) on July 12, 2006; and WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2015-10 approving amendments to the Boulders Phase IV Conditions of Approval and Tentative Map, including phasing of Phase IV into three phases (IV-A, IV-B, and IV-C); and WHEREAS, Phases I-III, IV-A, and IV-B have been completed; and WHEREAS, the Town of Truckee received an application requesting a renewal of the Development Permit and Planned Development for the Boulders Phase IV-C and Time Extension for the Boulders Phase IV-C Tentative Map; and WHEREAS, the Planning Commission is the review authority for Development Permits, Planned Developments, and Tentative Maps with five or more parcels; and WHEREAS, a 10-day public review period was provided to allow Federal, State, and local agencies, interested persons and organization, and other members of the public to review and comment on the project; and WHEREAS, a public notice was published in the Sierra Sun and mailed to property owners within 500 feet of the project site informing the public of the date, time, and location of the public hearing for consideration of the approval or denial of the Development Permit, Planned Development, and Tentative Map Extension; and WHEREAS, the Planning Commission held a public hearing on the matter at its regularly scheduled meeting beginning and ending on October 15, 2019, and considered all information and public comment related thereto; WHEREAS, on October 15, 2019, the Planning Commission approved the Boulder Phase IV-C Renewal, including a Development Permit, Planned Development, and Tentative Map; and WHEREAS, the Planning Commission determined the project exempt from further environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Attachment 2 Boulders Phase IV-C Amendment Appeal Draft Resolution 2019-69 WHEREAS, following the Planning Commission hearing, staff identified that the Development Permit, Planned Development, and Tentative Map did not require approval/time extension and remain in effect until December 26, 2020; and WHEREAS, because a modification to the existing Planned Development was requested, consideration of the appeal remains appropriate; and WHEREAS, the project type is now a Project Amendment and no longer a Development Permit, Planned Development, and Tentative Map; and WHEREAS, on October 25, 2019, the Town of Truckee received an appeal from the applicant challenging the Planning Commission’s approval of the project, specifically Condition of Approval No. 56 of Planning Commission Resolution 2019-24; and WHEREAS, due to the submittal of the appeal, the Town Council is now the final decision maker on the project and must make findings in order to approve or deny the project; and WHEREAS, this Resolution includes all recommended conditions of approval required by the Planning Commission; and WHEREAS, a public notice was published in the Sierra Sun and mailed to property owners within 500 feet of the project site informing the public of the date, time, and location of the public hearing for consideration of the appeal and subsequent approval or denial of the Project Amendment; and NOW THEREFORE BE IT RESOLVED, the Town Council adopts the recitals set forth above as true and correct. BE IT FURTHER RESOLVED, the Town Council hereby denies the appeal and upholds the October 15, 2019 Planning Commission approval of the Boulders Phase IV-C Amendment. BE IT FURTHER RESOLVED, the Town Council hereby take the following actions on Application 2019-00000127 (Boulders Phase IV-C Amendment) 1. Determines the project exempt from further environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 2. Approves the Planned Development as set forth in Exhibit “B” (Planned Development) and subject to the conditions of approval set forth in Exhibit A (Conditions of Approval) attached hereto and incorporated herein; and 3. Approves the Project Amendment, including the Tentative Map, as set forth in Exhibit “A” subject to the conditions of approval set forth in Exhibit C (Conditions of Approval) attached hereto and incorporated herein. BE IT FURTHER RESOLVED, the Town Council adopts the findings set forth in Exhibit D (Findings), in support of approval of these actions. The foregoing Resolution was introduced by _____________________ and seconded by ____________ at a Regular Meeting of the Truckee Town Council held on the 26th day of November 2019 and adopted by the following vote: AYES: NOES: ABSENT: _________________________________ David Tirman, Mayor ATTEST: __________________________ Judy Price, MMC, Town Clerk Attachments: Exhibit A – Tentative Map and Plans Exhibit B – Planned Development Exhibit C – Conditions of Approval Exhibit B – Findings Town of Truckee California TOWN COUNCIL RESOLUTION 2019-69 EXHIBIT “A” A RESOLUTION OF THE TOWN OF TRUCKEE TOWN COUNCIL APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C AMENDMENT TENTATIVE MAP AND PLANS OWNER'S STATEMENT THE UNDER5I6NED, BEIN6 THE ONLY PERSONS HAVIN6 ANY RECORD TITLE INTEREST IN THE HEREIN Sl.eDIVIDED LANDS, PURSUANT TO SECTION 66430 OF THE 60\IERNMENT CODE, DO HEREBY CONSENT TO THE PREPARATION AND RECORDIN6 OF THE FINAL MAP OF 'THE BOULDERS -PHASE IV--C., A CONDOMINIUM", AND THEY DO HEREBY IRREVOCABLY OFFER FOR DEDICATION TO THE PUBLIC FOR THE HEREINAFTER DESCRIBED PURPOSES THE FOLLOWIN6, I.PUBLIC UTILITY EASEMENTS OVER, ON, ACROSS AND UNDER LAND DESl6NATED ON THIS MAP AS "PJJ.E." FOR WATER, 6AS, SEWER AND DRAINA6E PIPES AND APPURTENANGES THERETO FOR STREET Ll6HTIN6, UNDER6ROUND WIRES OR POLES AND ANCHORS, CONDUIT AND APPURTENANCES THERETO FOR ELECTRIC, TELEVISION AND COMMJNICATION SERVICES. ALL EASEMENTS HEREUNDER ARE NON-EXCLUSIVE AND INCLUDE THE Rl6HT TO TRIM AND REMOVE TREES, LIMBS AND BRUSH. 2.DRAINA6E EASEMENTS (D.EJ FOR DRAINA6E PURPOSES AND USES APPURTENANT THERETO, INCLUDIN6 BUT NOT LIMITED TO THE CONSTRIJC,TION AND MAINTENANCE OF DRAINA6E FACILITIES, UPON, OVER, UNDER AND ACROSS THOSE AREAS 50 DESl6NATED. 3.LOTS "R-I3" AND 'R-I4" ARE FOR PUBLIC UTILITY EASEMENT PURPOSES. DOLOMITE LAND COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY, ='""""'""'"'---===.......,=rrr-,=,,....,-,..,.,..,,.,.-----DAVID M. 6ARDNER, MANAGING MEMBER NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETIN6 THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO 5I6NED THE DOCUMENT TO 1-lHICH THIS CERTIFICATE 15 ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA 55. C,OUNTY OF _______ _, ON _________ 201'1 BEFORE ME, __________ _ PERSONALLY APPEARED DAVID M. 6ARDNER, MANA6IN6 MEMBER, DOLOMITE LAND COMPANY, LLC, A NEVADA LIMITED LIABILITY COMPANY, 1-lHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(SJ WHOSE NAME(SJ I5/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLED6ED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/Tl-lEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR 5I6NATURE(SJ ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PER..JJRY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORE60IN6 PARA6RAPH 15 TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL Sl6NATURE NAME C,OUNTY OF MY COMMISSION EXPIRES COMMISSION NUMBER ____________ _ PRINCIPAL COUNTY OF BUSINESS NOTES, I.CONDITIONS, COVENANTS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE BOULDERS CONDOMINIUMS (C.C,.tR.'5) ARE RECORDED AS DOC. NO. 2001--0046025, THE FIRST AMENDMENT THERETO RECORDED AS DOC. NO. 2003-25466, AND THE SECOND AMENDMENT THERETO RECORDED AS DOC. NO. 2003-0030431, NEVADA COUNTY RECORDS. CONDITIONS, COVENANTS AND RESTRICTIONS AND EASEMENTS ARE RECORDED AS BOOK 4'11, PA6E 1'16, N.C.0.R, WITH MODIFICATIONS THEREOF RECORDED IN BOOK 4'18, PA6E 505, N.C.O.R 2.THE ASSOCIATION PROPERTY (LOTS '5" THROUt9H 'W') WILL BE OWNED IN FEE BY THE INCORPORATED OWNER'S ASSOC,IATION AND IS SUB..JEc.T TO NON-EXCLUSIVE APPURTENANT EASEMENTS AND EXCLUSIVE EASEMENTS IN FAVOR OF EACH LETTERED LOT. SAID EASEMENTS ARE SHOWN ON THE MAP AND/OR IN THE C.C,.tR.'5 (OR AMENDED BY NOTICE OF ADDITION OF TERRITORY AND SUPPLEMENTAL DECLARATION OF C.C,.4R'5), 1-lHICH WILL BE RECORDED AT A LATER DATE UPON APPROVAL BY THE DEPARTMENT OF REAL ESTATE AND THE TOWN OF TRUCKEE. ROADWAY LOTS "R-I3" AN "R-I2' ARE FOR IN6RESS, E6RESS AND PUBLIC UTILITY EASEMENTS. 3.THE VE5TIN6 DEED TO THE SUB..JEc.T PROPERTY 15 RECORDED AT DOCUMENT NO. 201'1-_____________ , N.C.O.R, 3.5'12 ACRES. THIS SUBDIVISION CONTAINS FIVE (5) BUILDIN6 LOTS (3. 5'12 ACRES) 4.EASEMENTS EXIST THAT MAY AFFECT THIS PROPERTY BUT THE EXACT LOCATIONS ARE NOT LOCATABLE OF RECORD, AS FOLLOWS, a.SIERRA PACIFIC POWER CO. FOR ELECTRIC TRANSMISSION LINES PER BOOK 110, PA6E 34, N.C,.O.R b.TRIJC,KEE PUBLIC UTILITY DISTRICT FOR ELECTRIC TRANSMISSION LINES, IN6RESS AND E6RESS PER BOOK 288, PA6E 312 AND BOOK 438, PA6E I, N.C,.O.R c.SIERRA PACIFIC POWER CO. FOR ELECTRIC TRANSMISSION LINES, IN6RES5 AND E6RESS PER BOOK 3'12, PA6E 215 AND BOOK 455, PA6E 623, N.C.O.R d.COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS PER BOOK 4'11, PA6E 1'16 AND BOOK 4'18, PA6E 505, DOC. NO. 2001--46025, DOC. NO. 2003-25466, DOC. NO. 2003-30431, 2008-2'1428, N.C,.O.R e.EASEMENT DEED BY COURT ORDER IN SETTLEMENT OF LANDOWNER ACTION PER DOC. NO. 20I3--0B353'1, N.C.O.R FOR THE PURPOSE OF A TELECOMMJNICATIONS CABLE SYSTEM. f.AN EASEMENT FOR PIPELINES AND INGIDENTAL PURPOSES PER BOOK 228, PA6E 2'15, N.C,.O.R SAID EASEMENT 15 LOCATED OF RECORD PER THE BOULDERS PHASE-II, BOOK 8, PA6E 100, N.C.O.R. AND IS SHOWN ON SHEET 4 OF THIS MAP. (NaTES CONTINUED ON SHEET 2) TOWN OF TRUCKEE COUNCIL STATEMENT ON BEHALF OF THE TOWN COUN CIL AND UNDER THE AUTHORITY OF THE TOWN OF TRUCKEE MUNICIPAL CODE, TITLE It!> PER THE DEVELOP MENT CODE, EFFECTIVE MARCH 12, 2015, THE TOWN ENGINEER HAS APPROVED THE FILING OF THIS FINAL MAP OF "THE BOULDERS-PHASE IV-C," CONSISTING OF 4 SHEETS AND HAS ACCEPTED FOR PUBLIC USE OFFERS OF DEDIC.A TION, ITEMS I AND 2 OF THE OWNER'S STATEM ENT SUBJECT TO IMPROVEMENTS, BUT REJECTS ANY/ALL PUBLIC MAINTENANCE OF ABOVE OFFERS. DANIEL P. WILKINS, R.C .E. 56216 REISI STRATION EXPIRES, 12/31/20 TOHN ENISINEER DATE SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A FIELD SURVEY IN CONFORMANGE WITH THE REGllJIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REGllJEST OF DOLOMITE LAND COMPANY, LLC IN DECEMBER 2015; I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT ALL MOl'UMENTS SHOWN HEREON ARE OF THE CHARACTER AND WILL OCCUPY THE POSITIONS INDICATED BY DECEMBER 1ST, 2020, AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. KENNETH R ARNETT, PLS 5851 EXPIRES 12/31/20 TOWN SURVEYOR'S STATEMENT THIS FINAL MAP HAS BEEN EXAMINED BY ME AND I AM SATISFIED THAT IT IS TECHNICALLY CORRECT THIS ___ DAY OF ________ 201'1. DATE STEPHEN D. WILLIAMS DATE LS 6818, EXPIRES, O'l/30/20 RECORDER'S STATEMENT: FIL.ED THIS ____ DAY OF _______ 201'1 AT ____ .M. IN BOOK ___ OF _______ AT PAeE ___ AT THE REQUEST OF ARNETT 4 ASSOCIATES, INC. DOC. NO. ____ _ FEE,$ ____ _ 6RE60RY J. DIAZ COUNTY RECORDER BY, DEPUTY TENTATIVE MAPTOWN OF TRUCKEE ENGINEER'S STATEMENT THIS FINAL MAP HAS BEEN EXAMINED BY ME AND THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANGES HAVE BEEN COMPLIED WITH. THE BOULDERS = PHASE �V =C DANIEL P. WILKINS, TOWN EN6INEER RC.E. 56261 EXPIRES, 12/31/20 DATE A CONDOMINIUM BEIN6 'REMAINDER PARCa" AS SHOWN ON THE OFFICIAL MAP OF ''THE BOULDERS -PHASE 4-B', FILED IN BOOK 'I OF SUBDIVISIONS, PA6E II, NEVADA COUNTY RECORDS, AND BEIN6 A PORTION OF SECTION 16, T. 11 N., R. 16 E., MD.B.4M., IN THE INGORPORATED TOWN OF TRUCKEE, NEVADA COUNTY, CALIFORNIA FEBRUARY 20l'l & ASSOCIATES,INC. LAND SURVEYORS • PLANNERS 120 COUNTRY CLUB NO. 13 INCLINE VILLAGE, NV 89451 SCALE, 1"=40' SHEET I OF 4 BENEFICIARY'S STATEMENT PLUMAS BANK AS BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST RECORDED J.JNE 2E>, 2016 AS DOC. NO. 20I6-00IBT/2 AND UNDER SUBSTITUTION OF TRUSTEE, RECORDED FEBRUARY 'I, 20IE> AS DOC. NO. 20IE>-00023'11, AND THAT CERTAIN DEED OF TRUST RECORDED SEPTEMBER 22, 2011 AS DOC. NO. 2011-0021013 AND UNDER SUBSTITUTION OF TRUSTEE RECORDED FEBRUARY 'I, 20IE> AS DOC. NO. 20IE>-oo023'1E>, OFFICIAL RECORDS OF NEVADA COUNTY, DOES HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP. PWMAS BANK BY, PRINT NAME TITLE NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETINe THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL Y'IHO 516NED THE DOCUMENT TO 11-lHICH THIS CERTIFICATE 15 ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA 55. COUNTY OF-------- ON _________ 201'1 BEFORE ME, __________ _ PERSONALLY APPEARED-------------------­ Y'IHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) Y'IHOSE NAME(S) IS/ARE 5UBSCRIBED TO THE HITHIN INSTRUMENT AND ACKNOHLEDeED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/I-IER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR 5I6NATURE(5) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF 11-lHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAHS OF THE STATE OF CALIFORNIA THAT THE FOREeOINe PARAeRAPH 15 TRUE AND CORRECT. HITNESS MY HAND AND OFFICIAL SEAL 5I6NATURE NAME ------------- COUNTY OF MY COMMISSION EXPIRES COMMISSION NUMBER ____________ _ PRINCIPAL COUNTY OF BUSINESS NOTES, (CONTINUED FROM SHEET I) 5.THIS SUBDIVISION 15 suaJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SHARED-USEFACILITY AeREEMENT RECORDED J.JNE II, 2010 AS DOC. NO. 2010-0013500, AND THE DOCUMENT ENTITLED 'A55I6NMENT OFRleHTS AND OBLl6ATIONS UNDER THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OFEASEMENTS FOR THE BOULDERS CONDOMINIUMS" RECORDED APRIL I, 2014 AS DOC. NO. 20I4-oo05T76, MODIFIED IN DOC. NO.20I5-002E>1E>O, AND THE DOCUMENT ENTITLED "CODE COMPLIANCE PR06RAM NOTICE AND AeREEMENT' RECORDEDDECEMBER 22, 2006 AS DOC. NO. 2006-00421'1I. 6.AN OFFER OF DEDICATION FOR A HATER SYSTEM AND INCIDENTAL PURPOSES, RECORDED JULY 6, 2016 AS DOC. NO.2016-0014316 HAS BEEN MADE TO THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT. 1.AN EASEMENT FOR NATURAL SAS PIPELINES IN FAVOR OF SOUTHHEST 6A5 CORPORATION HAS RECORDED MARCH 21,20IE> AS DOC. NO. 20IE>-0005'16E>. e,, TEMPORARY BLANKET PUBLIC UTILITIES EASEMENT HAS RECORDED JUNE 26, 20IE> AS DOC. NO. 20IE>-OOl210I. THE EXACT LOCATION 15 NOT DISCLOSED OF RECORD. 'I. TOI-IN OF TRUCKEE PLANNINe COMMISSION APPROVALS (RES #2006-12 t #2015-10) FOR A MAXIMUM OF_ UNITS IN PHASE IV-C AND COMMON AREA PARCEL AS 51-iOHN ON THE TENTATIVE MAPS APPROVED JULY 12, 2006 4 OCTOBER 20, 2015.SUBJECT TO COMPLIANCE HITH ALL APPLICABLE DEVELOPMENT STANDARDS AND CONDITIONS OF APPROVAL CONTAINED IN EXHIBITS A, B AND C OF RESOWTION 12006-12 AND CONDITIONS OF APPROVAL OF RESOWTION #2015-10. 10.ALL DOCUMENTS AND MAPS CITED ARE NEVADA COUNTY OFFICIAL RECORDS, UNLESS SPECIFIED OTHERHISE. II.ALL DISTANCES ARE eROUND AND 51-iOHN IN U.S. SURVEY FEET AND DECIMALS THEREOF. 12.THE SUM OF THE INDIVIDUAL PARTS OF ANY 6IVEN LINE MAY NOT EGUAL OVERALL DUE TO ROUNDIN6. 13.THIS SUBDIVISION 15 suaJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "MEMORANDUM OFAeREEMENT" RECORDED NOVEMBER 10, 1'160 AS BOOK 2e,e,, PASE 315, N.C.O.R. ANY EASEMENTS IMPLIED HITHIN SAIDDOCUMENT ARE NOT LOCATABLE OF RECORD. 14.AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES HAS RECORDED ON DECEMBER 13, 1'165 IN BOOK 3'12,PASE 215, N.C.O.R. AND HAS RE-A55I6NED PER AN AeREEMENT RECORDED ON SEPTEMBER 10, I'16E> IN BOOK 455, PASE 623,N.C.O.R. SAID EASEMENT 15 NOT HITHIN NOR ADJACENT TO THE BOUNDARIES OF THIS SUBDIVISION. OOLOHITE LAND COHPANY LOT •s• PHASE IV-C THE BOULDERS HOA LANDSCAPE AREA THE BOULDERS HOA f':J1,t,_ IRON FENCE� .l><'J. ;,: '\._ � ,,JiJ tp / 50I°IO'B8"E 2BGl.18' (2)(4)(5)('1)(10) HOA PATIO 24.14' ---22.10' THE BOULDERS CONDOMINIUM ASSOC. DOC. NO. 20/5-0026748 DETAIL •a• EXISTING IMPROVEMEN TS -,-._-N54 °1'1'54"E 25.88' 1.61' SCALE, 1'=20' TENTATIVE MAPlrHE BOULDERS = PHASE �V =C A CONDOMINIUM BEINe 'REMAINDER PARCEL' AS SHOHN ON THE OFFICIAL MAP OF "THE BOULDERS -PHASE 4-B', FILED IN BOOK 'I OF SUBDIVISIONS, PASE II, NEVADA COUNTY RECORDS, AND BEINe A PORTION OF SECTION 16, T. 11 N., R. 16 E., MD.B.tM., IN THE INCORPORATED TOI-IN OF TRUCKEE, NEVADA COUNTY, CALIFORNIA FEBRUARY 201'1 LAND SURVEYORS • PLANNERS 120 COUNTRY CLUB NO. 13 INCLINE VILLAGE, NV 89451 SCALE, 1"=40' SHEET 2 OF 4 502°11'48"E (RADIAL) I FOUND 3/4" REBAR \ / WSLEEVE "LS 2515" (1)(2)(3) /'·-132.31' '-,/ I TEICHERT LAND. CO. DOC. NO. 85-00/6404 NOl 020'4Cf"H (b) 541.24' (2)(4)('1)(10) ' 243.28' Gi()> 0 UI / \lb5.5Cf' LOT •w-15,143 S.F. / I � �Gi...... ()> �. ��...... -� = -----LEGEND: • 0 SET 5/8" REBAR WC.AP STAMPED 'PLS 5851" FOUND 5/8" REBAR WC.AP STAMPED 'PLS 5851" PER (2) FOUND MONUMENT AS NOTED DIMENSION POINT 0 C � m LOT •V" 22,258 S.F. �m .i:, m S8Cf 050'02"E � PIRST BAPTIST CHURCH OP TRUCKEE DOC. NO. 2006-00/0485 (I)REC.ORD PER "DEERFIELD PROPERTIES UNIT NO. I",BOOK 2 OF SUBDIVISIONS, PAeE 51, N.C.R. "'---�N t-: i N II ...J � Q C) N II ll! = NI!\• II 0C ---��C ��N ('jI!\ NN ,n II N ...J II �= - • II <J LOT ·s·52 ,'148 S.F. • �-m .J:I t :t U1 23.3'1' � � ��\ , -lb4.Cf8' I ,-, • UI i✓----------�2�4�3�.2�8�·-----==::;-:-:::-;:;:;-;---:i:...�m;-w��f!::1�---::--��-'}�_ :i,.. I (ROAD) LOT R-13 lu ' (ROAD) LOT R-l4 P.U.E. � �Gi �'i,..t1 lu O 501°2 0'4Cf"E lb4.Cf8' t ol:l> -� �-� O NOl 0 20'4Cf"H 243.28' � ---<)---· -b'l.8e;, ----'15.10' -� ... � bui � ·go--�,o-4.00' - ----r--------r-3'f.28' -lu lu o � � Pl) E C) IJlr C) ,-= =-1u0 · · ' 4'1.88' ---m � •, , 1 / IICf.28' ... - / , , ';_, � , L4 -f � I C'\ ? Q._ L"-15.10 • , 1:1>· 84.00'I \ti\I NOl 0 20'4Cf"H 16'1.lb' _/ :i,. IJ1 �;_ .,:i,. I ()> ✓ .'6_ � \�-' l!l �6 1\J\ '&, »G:.,-; 0 LOT •T" IJ\'8,\� '::i LOT •u•?. � � I� lu IJ\ ·-1\0 -...;;:: ~ �18,13'1 S.F. '::i � ,O 13,'112 S.F. � � � 1 \� -�• � ' §_� N88°2b'52"E "'CJ , � � UI '--' � �-;:: C\ Nb1°01'21"E , (2) (3) (4) (5) (b) (i) (8) ('I) (10) REC.ORD PER REC.ORD OF SURVEY FILED INBOOK 15 OF SURVEYS, PAeE 11'1 , N.C..R.REC.ORD PER "THE BOULDERS -PHASE Ill",BOOK 8 OF SUBDIVISIONS, PAeE 141, N.C..R.REC.ORD PER DOC.. NO. 2 015-00231'14, N.C..R.REC.ORD PER DOC.. NO. 2 015-0026148, N.C..R.REC.ORD PER DOC.. NO. 83-0016404, N.C..R.REC.ORD PER DOC.. NO. 2 00b-OOI0485, N.C..R.RECORD PER DOC.. NO. 2 015-00261 48, N.C.R.REC.ORD PER "THE BOULDERS -PHASE IV-A",BOOK Cf OF SUBDIVISIONS, PAeE 4, N.C..R.REC.ORD PER "THE BOULDERS -PHASE IV-B",BOOK Cf OF SUBDIVISIONS, PAeE II, N.C..R. 22 .'1 5' (2)(4)('1)('1)(10) 12.Cfl' (2)(4)('1)('1)(10)� 5i' ------;:�;;;:;;:;;:;;;;:-""jp;ci:',i'ij°{IOJ------),,C\, t110 C) / FOUND 3/4" REBAR t"n::;! .:-501"3Gf'41"E 18 1.38' (10) ' .i:, '.11 -1 7J )( ) ,wsLEEVE "Ls 2515" , ' · '.i:'. .� No1°20'4'1"H 110.21' ('I 10 J _____ - - - T - (IX2 )(3) UI LB (10) -., > �r \ Ll.=30°04'10" Ll.=1°00'31' ..._ I / C) m __ O SHEET 2 L=b8.23' (lo) L=22.02' (1 0) 1 R=220.00' C),., _ _ __ \\ 1� ti\ti\ Cll ti\ L=3.43' ('I) j _ _ SEE DETAIL "B" I� � R=IB0.00' R=l80.00" 1 Pl Ll.=0 °53'40" / !... /ii ? --- - _, - \ "' ()> I ()> .h ()> / 505 1 11 � so1•1o"B8"E 23'1.18' (2)(4)(5)('1)(1o) • :::'.i_ l:l>IJI. �- 1 1:l>�· i:!>Q l:l>�· 034'12"w ·, ,<J ..'.\ .r:! , "' / O•-,AL I ' I 1"" ' I N lu LOT "Q"'"""" ,... ,v1i,•?.'2-'J' <.-� � -�A LOT "R" � <5 &\a � -q/SlJB/4 I I I I I I "-'t�Q\rl--' �-'t,-q/SlJB/11 a ">:! - \ ! I : : , : : @ / "-Ll.=4°24'11"...___ -'¾ 1� �.'.&...... }: ,"i. 2. "1./ '-..,_ R=l10.00' ½ - -LC! / L=l3.01' (8)('1)(10) Ll4 (8)('1)(10,1 'q, _<.,, � q_{../'-\ L8 / '-..,_,� <C.lb-\ :;5 1 -------�,,C.:-;12�':0-�-lJ.,----j__/, THE BOULDERS '?;,.-(;, -:.-,.. \ (IO)- ...__/ THE BOULDERS CONDO/vi/NIU/vi ASSOC. '-..,_ CONDO/vi/NIU/vi ASSOC. ½ � 1 \ _ __ _ \ � L__ --..._ .......__ , DOC. NO. 20/5-0026748 9, � ------ _\_- ----- ...__ / ' ---< -----DOLOMITE WAY 1---...... " "-/ \ -(ROAD) LOT R-12 (3) - - -R ----.......... ,/ LOT 11N 1' 8/SIJB/I47 DOC. NO. 20/5-00257q4 /v/ODULE "C" "' ,,...... t_____-_,,,__, ---- --r --...., "", /" SEE SHEET I FOR NOTES. SEE SHEET 4 FOR EASEMENTS BASIS OF BEARINGS: I I I "', A/,.,,.,,----\ _ Ll.=14"54'34" \ -......... ��, � "'-\'-,,,.,_--R=Cf5.00' -S02°45'52"H (2)(3)'O '-..,_/ / L=24.12' (IO) 21 b2' (4)('1)(10)...... ";: I /, y A. ",�\ S22 °51'12"E ' " / lb.41' (2)(4)('1)(10) / \ \o,,_ \ / I \,1>� \ LOT "P 11 8/SUB/I47 THE MERIDIAN OF THIS SURVEY IS IDENTIC.AL TO THE BOULDERS -PHASE Ill, A C.ONDOMINIUM, FILED IN BOOK 8 OF MAPS AT PAeE 141, NEVADA C.OUNTY REC.OROS, AND HAS ESTABLISHED BY FOUND MONUMENTS SHOWN HEREON. I I I I I I 40 ��-0 I. - I / CURVE TABLE / LOT "/vi" \ \� C.URVE DELTA RADIUS LENeTH 8/SUB/IOO \ \ Cl 18°01'23" 110.00 53.48 LINE TABLE LINE BEARINe LENeTH LI N58°35'01"E 45.2'1 c2 30•04•10" 150.00 18.12 L2 S58'35'01"H 51.43 CB 30°04'10" 130.00 b8.23 C.4 C.5 :�::�::::: ,'��:� ;�:� L3 588°3Cf'll"H 2.8b L4 588°3Cf'll"H 3.33 L5 588°3Cf'll"H 23.33 C.b C1 e,q 12°42'11" 80.00 11.14 5°54'32 " 180.00 18.5b 1°00'31" 180.00 22.02 12°55'03" 2 00.00 45.0Cf Lb L1 L8 LC! 588°3Cf'll"H 3.33 502 '45'52"H 31 b3 502 '45'52"H 20.05 502 '45'52"H 1.51 TENTATIVE MAP THE BOULDERS - PHASE �v-c A CONDOMINIUM BEINe "REMAINDER PARCEL" AS SHOWN ON THE OF FICIAL MAP OF ''THE BOULDERS - PHASE 4-B", FILED IN BOOK Cf OF SUBDIVISIONS, PASE II, NEVADA COUNTY RECORDS, AND BEINe A PORTION OF SECTION 16, T. 11 N., R 16 E., MDB.4M., GRAPHIC SCALE CIO 12°01'23" 220.00 4b.11 LIO S58'35'01"H 2b.18 IN THE INCORPORATED TOi-'IN OF TRIJC,KEE, NEVADA C,OIJNTY, CALIFORNIA 20 40 80 160 I __ ___.I ( IN FEET ) 1 INCH = 40 FEET C.11 220.00 C.12 1°22'24" 520.00 C.13 5°11'41" 520.00 C.14 4°14'20"'15.00 C.15 12°38'33" '15.00 C.lb 2°16'01" '15.00 C.11 4°24'11" 110.00 3.43 LIi N3b'2Cf'lb"H 12.4b Ll2 S53°30'44"H 41.lb LIB S58'35'01"H i.03 Ll4 N3b'2Cf'lb"H 20.Cfb Ll5 S53°30'44"H 3.1 b 13.01 4.'12 38.3'1 FEBRUARY 201'1 2b.18 4.'12 38.3'1 a ABBOCIATEB,INC. LAND SURVEYORS• PLANNERS 120 COUNTRY CLUB NO. 13 INCLINE VILLAGE, NV 89451 SCALE, 1'=40' SHEET 3 OF 4 TEICHERT LAND. CO. DOC. NO. 83-0016404 NOl 020'4<l"H 541.24' --------------.-·-lb5.<TT' Cl 10 t SEE SHEET I FOR NOTES. LOT •w- 15 ,I43 S.F. SEE SHEET 3 FOR BOUNDARY, LOT DIMENSIONS, LE6END AND BASIS OF BEARIN6S. LOT "V-22,25 e, S.F. 20'X20' P.U.E.'l'X21' P.U.E. ll'Xl6' P.U.E. [ ll'Xl6' P.U.E. 20'XIO' P.U.E.(S) r 20,X20, p .U.E. /4 ll'Xl6' P.U.E. 20' I I 'X20' P .U.E.Sb'l 05 0'02"E 23.3Gf' L22 NOTE, P.U.E.'S SHOWN ARE INTENDED TO BE PERPENDICU LAR AND PARALLEL TO THE ROAD LOTS, UNLESS OTHERHISE INDICATED LOT •s• 52,'14b S.F. 10' 21' 20'r-6' I 11-l -7 a 6' 1-l r r-7= Q I 10' 7 I 1-l a r-7 20'7= I I� -r-- 2b.OO'2b.20'2b.'14' 2'1.00' 30.00 5 b.OO' 8.0b 2b.OO � (ROAD) LOT R-14 11.04' � / .i,,. (ROAD) L'.:1T R-I� � _ NOl 0�0'4'1 '1'!_ 40e,�t,' - _ --_ -------------'IL---lij �\ -�-a------1 1-l I P.U.E. \ -C) I I 3 4.10' 24.21' 3 3.e,e,'l...,t.------''----.r I:!> -I:!>I t:l \_� 16' L _ _J IJ! Lib' -�Ll1 I II"-'XI""' P.U.E � , [ 20' ,.,0 , 2°',�-P.U.E. �, � V ., • \ e,''< I 6'X6' b'Xl6' P.U.E. .,_ 11 � I I \J\ P .U.E. 1� b' ' 6'X6' P.U.E. �\ 01 •:,. �I "'� 15 'X20' P.U.E. IJ\�J\ � "---6'Xl5 ' P.U.E.�\ �\ >< \n • b'Xl6' P .U.E. IJ\ -,. C) �\ � .f 1 / � �\�-� i LOT ·u· "'' -' p .U.E. ..,. I 15 'Xl3 ' P.U.E. \ 15 ' 8 ,�LOT "T· \tr-13 ,'112 S.F. t\ �\ 3/ / O![ �I lb,13'1 S.F. \ � DRAINA6E ���\ bl � I \ � % [ EASEMENT (D.E.) yci) \ FIRST BAPTIST CHURCH OF TRUCKEE DOC. NO. 2006-00/0485 I I P.U.E. � � §I \5 � -_§00°2'1'15 "H �e,,t,e,'...o� \.l -I /16.5' SOUTHERN PACIFIC � � � ;, \JI O---':":'N o:::::;1 ·2 :,;:o ;:;,;-:;44;;-,::;:,i,,i:;-;1 ir10 ;:.2 :;;1 ,, --o�� --------/ -/ PIPE LINE ESMT. L 25 \JI 1\'.i;: / '------PER BK. 22b, PA6E 2'15 , I I N.G.R. AND PER b/SUBS/100 � r / AND (3)('1)(10) \:l' 1 o' / -����.j;_::_j5�5�.e,o�• �¥---:1----::--::-:-::::::;::;;;::--::;=:;-;;:;-----------:� "0' �LOT "R"/ S05•34'12"w ,,.-(<1)(10> ,, q/SJ.JB/11 , RADIAL ( ,._ so1·10'3b"E 23'1.1b' \ I !;�;;;," / �I ; )" 1' / ry; I §_o:::../ /"-'-iP / ., '-THE BOULDERS __ --_.., _ _,__-L_ j__ / '° I '-CONDOMINIUM ASSOC.---- - -.� ,ti' I , - -/ w -� ����� 0 -j I efJ "-�----------� ' .......__ tn· "-Y ---WA Y ------7-_ r____ -" ' / � I �/ I " / -------------DOLOMITE --- -R ------, '-,/ :::I fl THE BOULDE RS " / \_.......... � ------- - - '-. ""' z :.0 / CONDOMINIUM ASSOC. "- , / , / o_ _.,.,.. r -, '"' "' I .-/ DOC. NO. 20l5-00237q4 '-/ � " , , �, /JP I MODULE "C" "/ / - \ LOT "P" "A. "\, '\ f? /I / 8/SUB/147 / ' \ \ JI I I I ,I / I/ '\ \ ' \'f I ..--r-... I I I I 8;;%;7;;;� \ \ \ I I '----j,,,�� I LINE TABLE LINE BEARING LENGTH CURVE TABLE CURVE DELTA RADIUS LENGTH L16 N14°5 1'22"E 15 .44 Clb 13°11'41" 110.00 3 '1.15 LOT 11N" 8/SUB/147 , � I I 1 L11 501°20'4-<l"E 16.41 Lib N14°5 1'22"E 15 .44 LI<! N14°5 1'22"E b.'11 CIC! 4°44'42" 110.00 14.33 C20 4°44'42" 11b.OO 15.00 C21 12°42'11" 00.00 11.14 GRAPHIC SCALE 40 0 20 40 80 160 I - -1-1_1 --1 __ �1( IN FEET ) 1 INCH = 40 FEET L20 L21 L22 L23 L24 L25 L26 L21 L2b Nl5 °02'3b"H 21.22 s14•1o'l<r"H 45.01 S63 "41'04"H 25.16 Sbb 0 3'1'11"H 40.00N61°0 1'21"E 12.'II N06°10'31"H b.00NOi 020'4-<l"H b.00Sl5°02'3b"E 12.35 Sb1°5"!'46"E 13.01 C22 b 0 00'20"220.00 30.14 C23 4°01'02" 220.00 15.43 TENTATIVE MAP THE BOULDERS - PHASE �v-c A CONDOMINIUM BEING "REMAINDER PARCEL" AS SHOWN ON THE OFFICIAL MAP OF ''THE BOULDERS - PHASE 4-B",FILED IN BOOK Cl OF SUBDIVISIONS, PAGE II, NEVADA COUNTY RECORDS, AND BEING A PORTION OF SECTION 16, T. 11 N., R. 16 E., MDB.4M., IN THE INCORPORATED TOi-'IN OF TRIJGKEE, NEVADA COUNTY, CALIFORNIA FEBRUARY 201'1 'II .---· ··--=-. =--:.:.·:---== LAND SURVEYORS• PLANNERS 120 COUNTRY CLUB NO. 13 INCLINE VILLAGE, NV 89451 SCALE, 1'=40' SHEET 4 OF 4 TENTATIVE MAP FOR THE BOULDERS PHASE IV A CONDOMINIUM DEVELOPMENT LOCA T/ON MAP NOT ro SC�l[ LAKC TAHOE VICINITY MAP Nor ro SCALE DEVELOPMENT INFORMA T!ON OWNER /APPL/CANT DMG OEl!f:LOPMENT DEERFIELD ASSOC/A TE,;, LLC POST omc£ BOX 8083 840 NOR TH LAKE BL \1J TAHOE CITY, CA 96145 JOHN BLACK (530) 581-3791 SURVEYOR GARY DA LITS GROUP POST OFF/CE BOX 7409 165 RIVER ROAD, SUITE 1 TAHOE CITY, CA 96145 (530) 583-9222 ARCHITECT ARNETT & ASSOC/A TES, INC. KEN ARNETT, P.LS. 923 INCLINE WAY, SUI TE #4 INCLINE VILLAGE, NV 89451 {775) 831-8518 M.W:A. ARCHITECTURE ENGINffRINC MICHAEL D. MASON A.I.A. 10118 DONNER PASS ROAD TRUCKEE, CA 96161 (530} 587-6257 SERVICE PROVIDERS ELECTRICITY: TREPHONE: CABLE TV: SCHOOL DIS IRIC T: RRE PROTECnON: SOLID WASi'F: GAS.· SEltf"R: WA 17:R: Tf?UCKEE DONNER PUBLIC ununES DISTRICT P.O. BOX 309 TRUCKEE. CA 96160 (530) 582-3969 SBC 1012 KfST RIVER RD. TRUCKEE. CA 96160 (530) 542-5625 C£8RIDGE CONNEcnONs 10607 KfST RIVER ST. TRUCKEE. CA 96160 (530) 587-6100 TAHOE-TRUCKEE UNIF!tO POST OFFTCE BOX 458 TRUCKEE, CA 96160 {530) 587-3561 SCHOOL DISTRICT TRUCKEE FIRE PROTECTION DISTRICT P.O. BOX 686 TRUCKEE, CA 96160 (530) 582-7850 TAHOC TRUCKEE SIERRA POST OFF7C[ BOX 135 TAHOC CITY, CA 96145 {530) 583-0148 DISPOSAL SOU'fHM:ST GAS CORPORATION 218 INCLINE COURT INCLINE 'WLLAGE, N\I 89451 (775) 831-7436 TRUCKEE SANITARY DISTRICT 12304 JOERGER DRIVE TRUCKEE, CA 96161 (530) 587-3804 TAHOE TRUCKEE SANITARY AGENCY TRUCKff DONNER PUBLIC ununES DISTRICT P.O. BOX 309 TRUCKff, CA 96160 (530) 582-.J96d 1. THIS MAP IS BFJNG SUBUIITrn AS A VfSnNG TFNTATH£ MAP PURSUANT TO SECTIONS 66410 THROUGH 66499.58 OF Tl-IE GO'VfRNMENT COO£ OF THC STATF OF CALIFORNIA. 2.A LOT LINE A(MJSTl.l£NT AND CORRESPOND/NG LANO PURCHASE BY [JIJG ARE CURR£Nn_ y PROPOS£O BUT Nor COMPLETE: Ar THIS TIME. lHE MAP SHOltN HtRr/N ASSl}AIES COMPl£710N OF mE LLA AND LAND PURCHASE. .J. ro1m OF TRUCKFI ZONING FOR A.P.N. 18-74-0-24 IS RM-15 AND FOR A.P.N. 18-74-()-0J IS RS-2.0. 43 COHDOltlfNIUM UNITS AND COMMON AREA ARC PROPOSED IN 11-ifS PHASE. A ZONING VAf?IANC£ SHALL 8£ APffiOVED FOR THE PROJC:CT PRIOR ro TENT A 11\£ MAP APPROVAL. 4.LOTS Q-W COUMON AREA SHALL HA\.f" A BLANKET EASEMENT FOR DRAINAGE FACJL/71£S AND SNOW STORAGE IN ADDIT!ON TO SPECIFIC EASEMENTS SHOltN . 5. PARKING FDR EACH UNIT SHALL 8£ PROVIDED BY AT LEAST A ONE (I} C,1tR GARAGI: AND {I) SPACE IN THE ORIVFWA Y. ADDlnONAL COMMON AREA PARKING IS ALSO PROVIDW. 6. BOUNDARY ANO TOPOGRAPHY SHOWN TAKEN FROM TOPOGRAPHIC MAP BY Af?N':.'T &-ASSOCIATES, INC. DAiW 10-6-99 AND SUPPLEMENTAL SURVEY REC/fll[.D 7-27-05 AS PREPARED BY KEN ARNETT. P.l.S 7. THE BOUNDARY SHOlm HEREON IS BASED UPON RECORD INFORMA T!ON AND DOCS NOT REFI.ECT A BOUNDARY SURVE"Y. 8. VFR'17CAL DA71JM FOR TI-/IS SVRl--f"Y IS BASED ON Tl-IE £1..EVATJON OF A TRUCK££ SANITARY DIS7RICT MANHOLE /X-� 804, RIM ELEVATION - 5896.22 CONTOUR INTFRVAL IS 2' UNLESS OTHERKISE NO'Tl:D. \ (F) lJI.OC 2.J (£) Bl.DC 26 f .1 (F) � 18 .. /: eft9POS■D SIT■ CONPIQURATION SCALE: r "' 60' I I �------ A.P.N. 18-730-H Otff-/a? DRESSELHAUES �------A P N 18-750-09 OWNER ME"GGE"TT I I , I 0i A.P.N. 18-750-10 OKNER LEONARD A.P.N. 18-750-11 OlfNER NESS A.P.N. 18-750-12 OltNER PAREAS A.P.N. 18-730-07 OYINER MARSHALL OWNER AUTHORIZA noN I HEREBY CONSENT TO SUBMITTAL OF THIS TENTATIVE: MAP. I o=A7W�D�G�A�R�D�N,"R",-D°'MCCG""o"'E�ITT=DP=M,�N�T�---�O�A =rw�----/ SURVE:YORS STATEMENT :p17/, ,t APN '8-770-07 '/ I/ O'"'ER TRUCKEE: SUPER 8 L(J()c, (/ THIS MAP ACCURATELY CONFORMS TO THE MAP ACT REQUIREMENTS FOR TENTAn\lE" MAPS. KEN ARNETT, PLS 5851 LEGAL DESCRIP TfON PTN. A.P.N. 18-740-24: DATED BEING LOT O PER THE OFF/CIA[ MAP OF THE BOULDE:RS PHASE" Ill, A CONDOMINIUM, FILE"D IN BOOK 8 OF SUBDIV!S,UNS, PAGE 147. NEVADA r·r1./.�.·:·� '.JFIC!-1i. Rl:TORDS. PTN. APN 18-740-0J: BEING A PORTION OF LOT 4 AS SHOWN ON THE" MAP OF DEERFIHD PROPERnEs, UNIT NO. 1. FILED IN BOOK 2 OF SUBD/V!SIONS, PAGE 57, NEVADA COUNTY RECORDS, BEING THE SOUn-tERL Y .J.28 ACRES OF SAID LOT 4 BY PENDING LLA APPL/CATION NO. 05-065, CURRLN"il.. Y BEING PROCESSED BY THE TOWN OF TRUCKEE. SHEET INDEX Cl COVER SHEET C2 TENTATIVE LAYOUT C3 TENTA T/VE CONDOMINIUM PLANS C4 PRELIMINARY SITE/UTILITY PLAN C5 PRELIMINARY GRADING/ DRAINAGE PLAN ---DIE= BOULDERS . -CONDOIIINIUIIS . _.. = .==lJHllE=ly:::.-:_� GARY DAVIS GROUP ENOlNF.:ERING P_c:,. ac:,x 74-c,g TAHOf" C!TY, CA 951,t5 (530) 583-9222 l•oue• and Ro.;si<>n• '-lo. Doto l•ou• and �,.;,io,, By a,e<:1, ---------------·-- MTL Otofted By KS GD C1iont '-loni<t DMG DEVB..OPMENTS, INC 850 LAKE BL nJ P. 0. BOX 8083 TAHOE CITY, CA 96145 1345.50 All dro.,ing• ond ,.,;11.., motmi� oppeor-.,g h.,.em const;tulo or;gin� and unpubHffied w<>r>:. ol th� englt,-""d moy not be dupl\eoled, �ed or dloc!GSod ,r;!hout .,.;tten con,ent of the ...,g;,...,_ cC0G2005 Desalptlon ----�c .. mt.£,_A�--- ___ __,,,,SHEE'r:. _____ Scale AS NOTED .��-----134S.5o_-w-cm•rn.oWG ___ _ !l02_���-M_ARCij_..l],�2�0�06�·------ SHEET: C1 I .. ... = � PROJECT AR/EA BRIEAKDOWN, ....... Ptn. A.P.N. 18-740-03 Pto APN 18 UQ Z4 TOTAL 8'.111.DINGS: R0.4DWAl'5; DRf\.£WAtS ANO PARl<ING: ROIAINDIJM ANDSCAPfNG· TOTAL: J.29 ACRES± I ZJ AGBES t !i.02 ACRES J: 1.15 ACRES ± (22.9%} 0.93 ACR£S ± (18.5%} Z 94 ACRfS * 158 BJ) 5.02 ACRB ± (100%) ...flE2fL -·�-=·�-NOTfS: Q 0.57 ACRES ± R 0.44 ACR£S ± S 1.00 ACRES :I: T 0.41 ACRES :I: U 0.60 ACRES :I: V 0.51 ACRES :I: It' 0. 70 ACRES :I: R13 0.44 ACRES ± R14 0.35 ACRES ± TOT4L: 5.02 ACRES ± I. DEvt:l.OPMENT PARCELS Q-lt' ARE CREATfD FOR THE PURPOSE OF fLEXIBIUTY IN PR0.£CT PlfASING, CONDOMINIUM MAPPING TO SEGREGATE CONDOMINIUM UNITS ttlTHIN THE 8UILDING AR£AS IN EACH DE:YfiOPMENT PARCEL. TH£ ROIAINDER OF £Ao-I 0O£1..0PMENT PARCEL lll'LL BEC0#,1£ OPEN SPACE 0lltVED BY THE HON£ OWNERS ASSOCYA nON lffTH A BLANKET EAS£1,f£NT FOR SNOW STORAG£ 2. ROAD PARCELS RIJ-R/4 ARE CREATW FOR TN£ PURPOSE OF FUT/'3'!''" ''J PROJ(Cr PHASING F')AD PARCF.IS /,,7E IC BE 0/l[Ri.: :,,,? ;11_"{J/CAnON FOR PUBUC Ul!Uir PURPOSES J. ALL L£NGT1-IS ARE IN rITT PHASE IV ,� \':'!, ,, .,=,�e----- EXISTING CHURCH PROPER Tr --T-HE=BOUL-uERS: -co■DOIIINIU■S:·�---PHASE •L= -------·-I 1 APN■ 18-740-24 -I _ APN■ 18-7.-0,,U _ 1 _ D••RFIILD DIHVI -· I -�-�-=-�-= j ___ -_"'_�_c_■_R_c_o_u_N __ T __ v· __ GARY DAVIS GROUP ENGINEERING PROPOSED BUILDING (T BLOC JJ j ®BLDG 34 I1ELJ /JIRRORtO \\ \.p_c;:,_ \ TAHOE CITY, CA �-- Cl � . -. " " -". 0 " o I ". ,.....�-::::::l---�1 ------' V _., 8826'.'57" w. L�23.0 1 [ / .'> 67'01'77" If, L=12 9 I 95145 (530) 58.'!-9222 BLDG 27 Il1'LZ /JIRRORECJ ,______ r-\ @ 1 SOl'20'!J"_f L=l403 __ 7 _________ _ \ Q 6 DECK 30 SETBACK ·---------=• A•IOCIA r1•, IIIC. '""" """ .. '""S .,_,,_e, "°"'""""' """"'''""' ,00 n(AC, B"D Sc,r,, ••c«I<' '""" �"OA ""' \ fJ-ICf?OACHMENT r) • \__ -----ii' 1, ,.,----- 8LOG 25 ,,/;;,i ', N II ,, __ -- 'if��,-I I•,--•�-��,�,--•�-.------------/ ,/ I ,;;-Dul� ---,.-�---�-,-,-.---· -----.-, - �-\,--------·--�':'t-�� � �;oo= --I IR 121 2 - � � -- ---' DOLOMITE' ROAD ' PI-IASELINE .(TYP) -:�-.::·-. ' (E)EP"""" ' 'L-L ! I • I ' . �'-' PHASE Ill [_nx)_ i-- - - : I --,--I - � � --::....._...:.i "-� • �� / . 20' PF?OPOS£D P£DESTRIAN AGa'SS i ' , ------------·---- �- _ CASEMENT ANO TRAIL APPURTENANT ---·--- • ,,, (£} 8LDG 24 \TO THE BOULDERS PHASE IV �• TO 8£ D£DICJ. TED 81' ;SEPARArE OOCUMENT / , , , \ - -' ' i II ! I . . I - -....... / ( [, REMAINDER , .......... ..._ "". · •. ' 11,,,/i�¾��"' (P ,»· ·�·.. ..'\ (£) D£mOPMENT PRO.ECT PW.SE NI Iii! , ' _ 'b \ ' ' ' "O ' PHASE Ill , . \ \ \ . / ! (E)8LOG28 \_--, \ ·\\(E) BLDG JO ' / (£) BWG 2J -\ \ o,.,1te<1 ey KS �m�c•�•�,-�GfJ�----------- a;.,1 Nome DMG DEVELOPMENTS, INC 850 LAKE BL \,1J P.O. BOX BOBJ TAHOE CITY, .CA 96145 '��--------------­P,-o�t W..mb.-1345.50 All <lra,rings ..,d llmtt... mot<lriol � hereln con,ijtu!e or!9lnd ond ""Pllbfithed work ol tt,• ""9"'oer ond mor not t,,e duplk:<,ted, uN<I o, dlscl<>Nd ,rithout ..,;tton conHnt of Ill<! .,,,�;,,_.-_ OmG2005 BUILDING TYPIES, DIEVIELOPMIENT PARCEL (DP) I OVERALL Dff DfSCRIPTION I/LJJ IiE.E I/LJJ i£.i 1£., rottNH04f£ 0 0 0 0 0 2 4 Pf.EX (St..AB ON GRADE) 0 0 2 0 J 4 Pf.f:X (AFFORDABLE) 0 0 0 0 • • PLEX {HILLSIDE} 0 0 0 0 2 5 4 PL.EX (MODIFIED} 0 0 0 0 0 TOTAL UNITS 0 0 ' '' OE.I f}E_JJ /}E_)t 0 J • 7 0 0 0 J 0 0 0 0 0 0 2 2 0 J '<J I I I u) : / ____ __.s,..•T-E�--- LAYOUT :f< c'�'�cc. ___ _._,·�-�J�o_· -----��--� �-owa 1345.50--C2-TM LAYOUT.0wr; () / PLOT ·°'c'�-�McAcR�CcH�/J�,�2�006=------() .> - -(jlY =_=_.=_=SH=,="=_::;c-.•--���2··�--=-=-=-=-=-=-=-=-=_-= OF 5 SHffTS ·-----2 � GARAGES! � J-l__-cJ LJ---, I ST FLOOf? 2ND FLOOf? � � L____r- ----r 4 UNI TS=5796 Sf LIVING SPACE (TOTAL)* BUILDING TYP ■ I C4-PL ■X IIODIFl ■Dl - '---L I 1ST L -- ___ r I I I 2ND -- I SCALE: 1/16" = r' r ----I FLOOR FLOOR i �--- "' � !:: GARAGES J u--L___J---L___J--- L__J--L__J--L__J 4 UNITS=5906 SF LIVING SPACE (TOTAL)* BUILDING TYPE 4 (HILLSIDE 4-PLEX) ! SCALE: 1/16" = I' *NOTE:SEE PRELIMINARY ARCHITECTURAL PLANS FOR DETAIL r--l -------]-.,-- ------ /ST rLOOR __s-- r--J-_,-------- 2ND FLOOR ____r-1 l- --� 4 UNITS=5280 SF LIVING SPACE (TOTAL)* ----BUILDING TYPE 8 CAFFORDABL ■ 4-PL■Xl -------- - I 7_--c]-\___ -I -� 1ST 2ND !LOOR FLOOR ---i__ � uJl!L� - 4 UNITS=5754 SF LIVING SPACE (TOTAL)* BUILDING TYP■ 2 (SLAB ON GRADE 4-PLEXl I I I r � 3RD 1ST 2ND FLOOR FLOOR FLOOR LrL � lJ -1� I UNITS=2748 SF LIVING SPACE (TOTAL)* BUILDING TYPE 1 (TOWNHONE) _ j SCAf.f,.1/16" -I' __ 1 SCALE: 1,,15• -I' I SCALE: I 16" = t' :-THE-�.BOUUJER8�DO■llt1UM8�-:::JQIASE -lV-. -- �------··----------- I----. ---------- �-APN1 18-740-24----� ---&••• '18-'lolO-QI ____ -----i,■■RPIILD-DRIV■-fRU�Kll,CA � ---- -f---___ ll■YADA COUNTY -- GARY DAVIS GROUP CD"" AND ENGINEERING --=-s== 7409 TAHOE CITY. CA 961 <1-5 (5.30) 583-9222 I i --I • A••oc1A ,,,. l#C. ""°'"""''""'' .. ,-�. "°""' ,."OE tlo" ,,._.,,. ,., >UAO<"'-VD Su.,e, ""'-"' ••:CA<;f .,-,.o, om• --------------- t------------------ ----------� ... ---------------- --------------- ts..,eo <>1d Re,1•00• "" OQ\o Du;g,-:1 By: 0,,,f\ed l!'y: O>edecl By· a;..,1 Nomo Project Numbco- ,,..,e ond I!�,.,,. ------- ---------- MTL KS GD DMG OE'vfiOPMENTS. INC 850 LAKE Bl \.{) P.O. BOX 8083 TAHOE CITY, CA 961.f5 1J,f5.50 "' D- --- All <:lrow;,go ""� wrllton mo\oriol op�g h...,;, coneUlulo OO!Jlnol a,ld lffl!>'lb!W.ed work of the onglneer and may "ot be duplic<>l&d, uNd or d"osdowed without ,.,.;tton ,,.,.,...,1 of the on,;,,-. OOOG200S ""°""" •,.• �AN x•• AS NOTED ,� IJ.f5.50 CJ TM CONDOS.DWG PLOT O�IE MARCH fJ, 2006 SHEET: ca OF 5 SHEETS J r-----------------------� -� ----_ = -� =-_-_-----1-----------------------7"-"'-In-- / I I I I I f----------------1 I I I ��--; ----f -..d---_ / ,/ I ' BLDG 36 I-·· ----=» BLDG 42 BLDG .J4 I ------------ ------=-� =--=-:----=--=-------= ---==-=-"-'----= ) -- _.,-·_ -------------C�---_------�9)8 -----=--�- (E) BLOG 28 (E) BLDG JO BtDG .JS -------- /:::::.-�--- BLDG 27 I I \I I ---e---- {f.} CHURCH - - ___.,__ -- ------------------- ----- A�X/SrlNG U7TL/TY BOXES ro BE l•IOO/n[D Of? R£LOCA TEO A� REOUIRW / (£) BLDG 24 I I I _/ ss--"' S£1'rf:R MAIN SEKER MAN/WlE S£tt£:R LA TFRAL .!' QEANOUT --0 --WA Tf:R MAIN ANO LABEL WA TU? MAIN VAL 1-E ,,.�.,, FIRf H'rfJRANT -- c, --.KJ/NT TRENCH ---- -- --unuTY EASEMENT I I I I I =-1'-HE-BOVLDER.s:­CONDO■INIUlla - ::P-HASE=lV: ---a�p•111r1a�740-a4.AP■, 1a-740-oa __ - --D-■RFl■LD DRIVI 'l'li_Q�-._ CA P!-AC■fl CO.QlffY GARY DAVIS GROUP ENGINEERING I ""a' P.c:,_ s=x 74-c,g crTY, CA 961 4-5 (530) ss:,-9222 ,------------ i :,� ,;t,;,: �:;} ·• ;-i iiC: -- "' """' """ 5«" I .. c,o,c '"""" "'''"' .,.,, ,- No. Ooto -1,...,0 ond 11•-'•ioo ,-- C�eoke<I 00,_, __ G�O�----- c1;e.-.1 Nome P,oj,et Numb« DMG DEVELOPMENTS,_ INC 850 LA.KE Bl \,v P. 0. BOX 8083 TAHOE CITY, CA 96145 1345.50 U a,-.,...;,,g, .,,.,d ,..;tton mo\or;ol opp..,,.;,,,g h..-ein 000,t;tule original and unpublished ""°' of the on9;,,e..-o,;d moy riot be duplicated, u•O<I a, disctooed without written con,_,, of the ""9"'-· C,OOC2(1(l5 ___ __,u.,_'l'JLI-T�Y�--- PLAN---- Scale /�-JO' OWG 1345.50- ™-UnlS.DWG _e_co_,_o_,c __ �MccARCH 1J,_20c0c5 ____ _ s,,,n_C4 OF 5 SHEETS ,- I I I I' I I CUT/rlLL BOUNDARY' (rrP} (E) BLOG I ;/ !/, /'� .' f' �- /,,';. I / i ,' / (E) BLDG \_ (E} EP (TrP) ',, (E) BLDG JO ' LEGEND ,����-STORM ORAIN PIPE • • 0 --- ORA/NACE INLET GRA Tf:D STOHU MA.NHOLE INLET STORM MANHOLE DRAINAGE DITCH SURFACE SWALE ·-� GUTTER AND Fl.OWUNE --GB-- � GFF FF GRADE BREAK EXISnNG GRADE GARA(;t F/NISHF{) F: (IQR nNl'SHF{! FLOOR ELFVAT/ON SPOT £1 EVA TION (£) BLDG 28 (f) BLOG 26 ·--l // -- __/ JOINT !l?t.NCH ' '0 ',0 5.5' I,., ��R-+--�j _!YPICA_L_ RO�D_1'A_I._____ •:,., ' ' \ \_,, I I I ------'- \ {£) 8lOG 23 \ I \ PROP ROi.JNOABOlJT SEE SHE£r C1 FOR LA )t)(JT I"'-�. , " \71/ I I I I I I �----� APN• -U-7D•24_.--AYL.ta�t.�u --=�� , . - --IH!fRFIILD DRIVE I - - _RJlCKD L Cl_ --_ I -� llll__��rn-t: --_ GARY DAVIS GROUP ENGINEERING I TAHOE CPTY. CA 951 ◄5 (530) 583-9222 I ',- o.,.;g,,ed By; 0..ofled 8y Mn. KS CD DMG DEVELOPMENTS, !NC 850 LAKE BL nJ P.O. BOX 808J ------'TAe,HOE CITY, CA 96145 P•0Ject Number 1345.SO ,, �-· �II dfo.,"19" and .,,-ltte,, 1T1<1te<ial o,,i,-9 here;,, ron,t;tute orl<f"'al ond uapubllffied work of the en9lneer aruj m01 no\ be dupllcat.,d, •••d or d;odooed "Ith""\ ,rrltt"" con-t 01 \t,e ..,q;.,..,_ eGDG2005 o-t:ript<>n PRELIMINARY GRADING .a&<--� �.DRAINAGE-IU.AN- S<cQIO i" JO' �-::---_-c, Jc-._,c:'ec'c5c co_-cc:-,.,_-::c7onc=R.-;;o�ws--­ �r�_�_!_ __ M!,RCH 13, 2006 -----I---�·· ,,.5• /--;z --�H[FT--�---�---- / --,=.j" 5·-- --·----�------. ·--.-•-··--··-· -- ,. \ \ ---0 --- PROJECT INFORMATION TOTAL PROPERTY AREA OPEN SPACE AREA SNOW STORAGE AREA PARKING SPACES COVERAGE PROPOSED 18 7 ACRES 5.7 ACRES 21 ACRES 102 SPACES 9.4 ACRES REQUIREMENTS :?. 5.6 ACRES -30% OF TOTAL AREA :?. 20 ACRES -50% SNOW REMOVAL AREA 102 SPACES -TOWN REQM'T S: 9.4 ACRES -50% OF TOTAL AREA PHASE/__UNIT SUMMARY PHASE I = PHASE 2 = PHASE 3 = PHASE 4 = TOTAL = 68 UNITS 80 UNITS 20 UNITS 43 UNITS 211 UNTS LEGEND � OPOISPACC (:.:-:::<] SNOW srcwAcc ARCA 19 PMKING SrALL MM8CR --T-HE -BOUi,;DERS:--.=c-OliDOMINIUIIS::. - -- -'APNr-18-74G-2'4 ·-­:--.::_:_.::_:_-_.&pMt 1a-7•0-oa_:__ __ --· D1:1:RF!ILD DRIYI:_::-__ ____ TRUC El:, CA _ _ ----liiYADA�OUNTY GARY DAVIS GROUP ENGINEERING --·-· �a,: All Dtvftecl e,: KS a..,c1<e,:19y, CD __ R......,., -·-DI.IC Dflf:lOPMENTS, INC 850 NO. LAKE BL K' P. 0. BOX 8083 TAHOE Ort. CA 96145 PTo;.ct ,,._ 1J-f.S.SO ., �- M -· Oftd wltlM matar;,,, -� -.,i,, �IM• o,ig;,,oi at>d Uf'Pllbl...._., wor1I or ll>e .,g;,,--....,, not be duplkated, u_,, or � '"'"°"' wilt.., co,,,ent of th• .,...__ IC!lt200S QPEN SPACE,___ -=sNo:W STORAGE-I -P-ARKING-EXHIBl'ts:.: PLOT ()Al[ ,•.,50• 1345.50 CXHIBJrS.D'M; MARCH IJ, 2006 ::=_-:-_ -�x----1 ---- -------·· ---------SH££r: -----__ , . ----- OF I SHEETS • • ,a"p 12'1' ./ .. ----, 1j"f 9:P 20"Fo .,.,y,, o 22"P ol{","P )0 p ---]._---- - -�� 0�. 0 � --1°1·· ----�-� --15-.0ll =-··----��-I 1---� SIZEV. ,...._.,, IJ-W l'ICl!.<.SP. -·· -- ---�-----_......,.. ---1-� -ffi --�-- -- �-�= 0 ·�·0 -- lo 1� (E} 81.DG 30 (F) RI/)(; l-----II !!!,!!!ASLE PI..ANfflO LE0EHD - -·-..... 1·� ---�---·· =•· ..... -� &, .. C�Ci:,IRPIIB ---�= ----� IINCJflMOINI-� -e=---- _., ,�., 1--1-----·· � LAYBIDU.A'IUC'IVD' lA\l8lllER =1=•u 41111) l,OID&F. �2,0lllls.F. 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UQIOIIUt'MD t=�-- UPdlllllpe�•l'lln+II HIC3HAl,.TTTU0E �AIICtllR:CTURE PI.ANNfrlG•- 1QlMl:O.OW."-R"""--IM T-,CAIB1"1 _,($11CJ)!ll1.81311 �:(530118111.910) - J • -�- __ .. ___ ,.._.,___ ......, ___ ..,-----..--· ___,._ .. __ ---. .. -..... -.. -....... ...-.-....-------------·-_..,,. __ ...._ .... _ @--- PRELIMINARY PIANTING PIAN Scare : 1"= 301-0" Sheet No. L-1 © � 0 • RE\/l SIONS: OCQPANCI", R-IAI ca,a� TTPI! V-N &TOflE&, 2 l2 OOT1 !A. &T°"") l!IJLDN&LlvtGAIIEATOTM.i !laOlF. -�1111.J IIIU �I i., l 2 �i•Qf, 12S1 11. LIYIG Aflt4 '1311 6F. LIVN:i .4111eA ir i�n I 2.W6JI.� ,.._ tn IJl.�.4TIO 1516'.0ECK �J .11� LIIU �IP.LIVN:iNmA i5� 6 '!»<I II'. LIVNi � ...... ....... -� -• ,.,_ ! 2� • 2166'.� IJ1 6F. PATIO 151 &.F. DEOC: © V') i ----- - -----@ ��! ,_-,_ 0 ,.,-i • . u' ! z - ��I .... I � �· P?>-1I -,-:r: i'I ua ��t 11 --; <1'.'.! � ' - � 1�------------·----- o" ;�;; . "" U1I "--'◄i.w': "'' "'' ;,Q_ ___ :::- !I---""'----I ! -I J -�% I •1 � / ' 111 l,% I I • e I __,z 0 0 -t @�--- 0 0 .......... ,.._ .......--- -----@ -- \tlI!I �!IIM ,,_...,. .... IHI':' 0 10:27 I = .......... � � • I • � ! �z � IC � """"" � ""'""' -�! DATE: 12/'�'::..,.:·' © 0# ® i ORA• -,s, """"" ,# -I ! ""'""' ,,. ""' ' E SHEIT, '# ,# I ::; A-2_1 ARST FLOOR PLAN rI ••a•!CAI.E:V.f'■l'-IO' &' 16' @-,-� ----- I I • ' 11 l l1 @ """' "'" -------- -• -..,,.,._ - ® z • t • © ,C,-,!•,tr/1'� •• N\f1d 1:1001::1 aNCXES � .• .. .... - - (; - •• <D % • @ - - - --® : l ,., © EXTERIOR FNl�S SC�DULE ......... ........ 1'iMCl,f, ' ' � I--,_ L - ,.._ ... ;r:----- --- --- �49W'l'-e' II I 111111 □ 1111111111 I --�-� --,, ' ,i -� ' mm - ! -- i..;. .. ,,, .,.----- ' r---i □ " --- ' ' ' ' ' ' ' ' ' '' 1, !! !I Ill 111 11 ! 'i 11 I 111 1 11 ,,'I 11 . II , , 1 11 · 1 1 , mirn Gm ffi D--- 1 i ' I imffiiiili "7 : I!: 1!, -------! ;:. !,i !! ! -� ' Ii i I -------•' ' ·1 '.' ' 1------11-l '1 1 '; '1 ! '1 -:Ii! i : , 'I I i:1 == 1'1.•1 ! :1: l .. :'-·li::::,1 1 1 -- EAST ELEVATION ,,,..,......,.. -•JIIIIMl'lll:MICIA ... ....... KU, ' II ! = ' □ □ I ' I I :mmmm 111111 ' 111 1111 11 ' I -�□ 1-----,-1-----1----- �--� ---� �-�--------------..............-�------- SOUTH ELEVATION ' II II 11111 ,..__, □ □ 1111111111 . "" LI ------ L L l't.T_,,.._.....,nl. -- '' '' ' ,, '' n I I. I I I, I '' ' 7 □ i ' □ �--- L �- -- """"' l!Nl::i11co:,n::m111 --------_. ' ' T L C- c_ . " ' ---- ' ' ' CJ OEtERAL 91-EET NOTES MA1BIALS LST TMICl:I._..._,..,. -'""""""' I I I I ---.,...., ... FJl.5!1111,'-e' ""-�· ... ·� �a,..,_, ... REVISIONS: ;I i__ 1� � !i,� ' !t� rn 1 !!� �Ii, : � -.� . V'l j ��! u·b,�� p>-j/ :r:f �u H <� Cl<! t ...,_,, <( § --; " � � I ��!�Hot � ;i �� 9� iii w ---�-"'"'' 12;1♦,��..::.: DRAWN: '-'-...... SHEIT, A-3.1 PJI.MOI,' .... - - -,..,_""""' """ """" .. I I I I -- � :"c ,,;•it� ' ' ' ' ' ' I I I I I ' ' I I I I I l ., ' ' ' ' ' '' - r 1 f '1nT � ' ' ' II 1'111-: l �� �� f'= ��rnmnm:m:m:m:mm:mm II 11111111 111 II I II II 11 II II II ' ' - � T.lftC'O 'LA11_.,.. ,_a.Ml 4 --. ' '' ' ' '' ' �•I ' � fl ltmmmmmmnmmmm ' J' " ' ' ' -- - - ---i□□D ODD � � � --�� �D D � �� � .. urll)III• �� � --�� � �� � � f=' I= r'= .......... �� � '= ' ' '' ' �,--� TM«O 'IU.,__,.. WYll � a.Ml ..... IIIXI' cctPClllffDt ,-- ' ' ' '' -, ' -�-CJ -- WLJl"IOMi. II 11111111 11 11 WEST ELEVATION s T'l?"'9ff1-1N,l,'IOI, l'\.T.,....Wlll,TTa .. W•MPMICIA --11V 1114 ....: ra.D ' ' ' ' ,. ' I ' ' '' □ 1111 111 I 111111 --- -- ,---- LJ �-"' '&alX""IMOV:Ollfl!ll - - NORTH ELEVATION □ ,-- ,--f-------,--,-- --· -- • 111111111 �� � ___ ,,,,_-·---· I I DlilmllJIJ ll[ffi][□ Ei:Mll,•4' aeERAL st£ET NOTES � -.... �IUIN1111WU LIii' MC� Halal 2. •�l'Ufal'QllltCCII ... AIC)NCTICI( --- -=-• ....... ,,.. PP,,_.'◄IIZ",-ATIO .... eue�Aro i � � REVISIONS: ;i i.,_ t" � i•a� , 11� i�n i�J-IH 0� • 1 � -. • • V'l 1 �1---f• •u· � LJ..I Ip� I--� p If �u H � O<: t ::--: <C � � � '� ;�Ii!Iii �� 9� ffi w � DAT!: 12, 1�,7, �� Ii OfilAWN: � .,. "'- !;; SHEET: A-3.2 r • • l • • • u • 18/CPl10W.J +----+IIIICPIIOll,lLJ WICC:Ft:r ..... ·"'·-..... '__ ,,,,,,.,.,.._IQ. �� =.� -� .... • •. , .. . --·-......... H� 0 I I ..... ' :DC4MJ : •• :�..:. • ....:.� � I I . : I r--. -I Dat.J �WU. -.•. •. : �IIILL 1 � • � I zxo1 : : ...... I f �-------f+-\-------t�----�..:-�_J t i- '9o840M I ff - -... . I •'4 1 • I ,._, .. . L __ · _______ -1_ ______ · __ J � _. LN!OI-�' --- 1 11 • • • • II • • ,�� u • I I ·•.f-. . ,. - I .......... 111 fOP'llCtW.J +-- MAI c:n:cr ""' ,..,.,_ ... 1-+1e1� I IM"•• *"'·"" I �-7 -�---' ) � -I _l,.._. : � l'I • • . _ 1 7---------------__J --'---'--'--�-� ___ _j __________ j • 1 1 : · . al 1 1 ,,..,. . . .., .,., .... -•. ··• ·. . l . "'"""'-_.,,._ OCOJC'ANCY, U �mJCTIO,I, T"T'PE Y•N &TO!'i!&, 1 Ti-II& i!oTOR'f, 136t! &.F. LOWER LEVEL R.OOR PLAN ••••., ••, •. RE\1SIONS: �1 i. _ 1• � Uis •It i�n )I� i �IH '.� . • • � VI .Ii -4� I-I '' V J� I.U I-' ?> i: i� v��t � <( ! ---. " ,q-I�� � � ..J � � � �z� g�� OAlE: 12/14/l,,�"'_ � ORA'WN: ,,J � .,. ... !; A-2.1r �---,.,.,_, t •· l •· • .,4 -w ' -w -�•4W ' •4W -···�u� ··�- f -•JI, ' • ' 1'o o.w o.w -,_ -,_H :sll e+JP TEWI ,_ -------·�1 t -� ,.w NOii �� .... NlfA.L ... -- IF 01 C---l Nl'M..I.MICIMI«. .......... �f'I". l ........ . ......... ......... mP.A.LINYW - l I-Ql:AflCIN '1f,ICal• NJClff MT I• .... ..,..,,......,.� l • I I I� -[p I , • ' % MllliU..\KlaCCIIN!a ,. .. ,� ,, .. ...... "" _...,mpJ - 2 % ",4w •4W l 1'Q1 ITMllllT.t.U.-1 t 2 n. ei-,. .... ..... - Jue<>.-, ' - llllil..lClllTIIXI' i;.' ..... �� ... 7---,;---v..• , •«":: ---,,£·�-t'---•-4 ____ -:' ----:----M'-#' L--�+---_J '--·--��-· LM!O,� ""-""" UNITI LN <> --· ' • - ,:..] .,.., ;. r.., -,--•-#'' --,--J �:.:� L - - - J-----L-"""'""""''"''l'll"''llii■----- k'4' I lil6LL� l___ :.__ __ _,,__ ___ __J �---'""""" t ,,t, l l ! • : ! : • • z �&F.Llvt!GAIEA m &.F. PA.TIO/DECK \HU 101&1.LMttiAAEA 112 &.F. PATIOIOECK •• ., REVISIONS: � � MID LEVEL FLOOR PLAN j � j8 Q � � :2 OAlE: 1;;.,•, i ,., ... ....... 12' i; 8CAI.£ 1/"4'•1'-'1 8' 16' A-2.2 -• .... ... 040-l I (IMP'�. ., ··-- z i ., I - 2 WIIIIU,.�ccur,- , •. ., IC5-2 0 """"'" I ,., •... ..... ---- NW • ------. ..,_ z - ,rnc_ 2 I• • t ' •[p 'z z--""'' �--.... 111' ...... l -""" � """- � ....... ' . ,� • ·�-� u UNIT 2 ,.w - , ... • ' 0 0 0 ,_ 0 • -- 2 .,.,...,. , ... •• I dJ ...,. .. .. •.. .. ... l --­""'' - --� .... • llala:I nil 1d Oft �"�· ··--- NW _--'---.__, __ _ D" • -. i - I ,, ·­-- • : • z ccap..v,cy, R-1 ccteTRJCnOt, TYPE v.oN !TOlll:Els 2 f2 1HT& EA. &TORY) THI& &TORT', 2'!93 &f. eull.DN:i LIYNCi � ""6 e.F. ei02 &P. LIVfllti AREA m !f. PATIO.-t>ECK UPPER LEVEL R.OOR PLAN •• 12' •• 16' REVISIONS: ii i; i'li!I<' �ii� ii� i�n i:; ,IH � . I :ii� - � V) -� I- � / � � i; '""' u ILl..J I-' 1 :r: i u� 0.:: ? <C !" • f A-2 . EXTE�OR FINl!ll-lES i!CIEDULE =.muJ.P.Jrcaaar C"wtlt"l:ocaa4acx:a 21111 a&.T alND rt'l1"I -�,..m?'J -....-1w,1 ...-.... ' I ' ·� � 11 II II"' " ,111111 II DD u II II" . , .. . � ---- ........... . ......,_ ,., __---- """ :��i 111 It.=,----, __ 'c._ :! __ � Ir-------- - - -· ,r- ·-i ,---� :· 11 . " L .. · . •◄· "'"· .---. · .. ·· ',,-;· ..... -- -------------f--f--f- f- ' . - ' .. ' ' ' ,_._,··::' . ---- �t::::::I I ffl'. _...,._-- ......-- ' �II -rn---- -- -----�-· ... ; ··.•·.� ... ,,·. •· ,. ' II II.� [I] II 11 1111 [D II ' ' ' � i. _.-.::, .; ' ' '- I ·._ ... ,_._ ...... _ .. _· ,. ·-, .. ... , 11--------11. --- ' --,.,,. ClM'A.' -_... '' -I----- ,._,__, ,,__ ... --- ....... ·---··• NORTH ELEVA T10N Cllla'AIC!a> "TNKll!lll'lal1...,.. • TR. Cl.a 'A.' l'IXII' cc:t'POlfflCN ' ' ' ' ' ' ' ' ' -L--" 1111 I " [D .1 1 !!111 •'·. ,,.-,., . · .. •• -, -. -' -'' · .. ·. ... ,.,.. - I I I I � II ' ' IIIi I - EAST ELEVATION � I 1114,41�',9(t _ll_ " ' 11 II 11 II" 1�[[ i ·.I·· 1 I I .. I .. · I I I I I ' 11111 11 " [D 111111 < .. :· . . ·: . . . . - n '' rr LL .1;i..,: 1TI ---- [D -1. .,._-· i Ii - II II mrnmm tmm " " " ' I [D 111111 mmrnm lilll] "· ·· .. '• . , . !AIW'_.' ---I �� i i; r REVISIONS: ;I ; ... t: t IL •i� 0 ��� r1ii i ��Ii I a I!� � l� • :i� -••V'l I �1-i"""'· 'u· � u.,� �<--, I- ] / :r: iuR��! � I�ii �,oim I � �� �� :I: w OATE: ,,; ORA'fltl: ""' ""'"""' _ __, -. --. ' -�-- A-3.1 • 'AU'DOa:ILQW"""1. ,,.,.,..,_ _. .... � cc::- r11ni11l' � mmmmmmnmmmm II II It II II II """" .... 11111:m 1111 11 11 11 11 I - �---·��----------- """" --· ....... ""'"' """' "'""'. ,,...,._ □ --. UP..,._CMINCilMJ.I ' ' '' ' '' ' ' ' ' ' ' ' ' ' ' ., ' I I I I ' ' ' � -I--I--- --�-Mt.,.._---D � DODD I-- l"LTIO:O �IIW 11,,1.T ---� SOUTH ELEVATION WEST ELEVATION ' � -I--I-- -- - ' ' " '' ' ' '' " ' ' , � n�,.,.:II mmmmmmmnmmml -- m --- br.,,.,QN...., � Ct:111111,T,1". rn ' ' -..:, - - •. ·­--- IA ... _. ...,_,. l'P.l"A1ICl_.◄»I' '' , __ i ·--· .V, ...... _. L -..,. A-lll"Cllt � UIT AD A0DITDW. 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' I I C=!=!= j--TI ! ~ h', _ 2 I 0/ all h s I . w S s ~ U 2" Ih z I Town of Truckee California TOWN COUNCIL RESOLUTION 2019-69 EXHIBIT “B” A RESOLUTION OF THE TOWN OF TRUCKEE TOWN COUNCIL APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C AMENDMENT PLANNED DEVELOPMENT 1. The following modifications to the Development Code are hereby approved for application No. 2019-00000127, commonly referred to as The Boulders Phase IV-C. If conflicts occur between these requirements of the Development Code and the requirements of the Planned Development, the requirements of the Planned Development shall control. This Planned Development shall apply to Application No. 2019-00000127, and the approval of this Planned Development shall expire if the Development Permit or Tentative Map for Application No. 2019-00000127 expires. 2. The maximum density for Phase IV-C shall be 27 equivalent dwelling units as calculated in accordance with Section 18.80.050(6) of the Development Code. 3. The minimum side yard setback for Buildings 36 through 42, as shown on the approved site plans dated March 13, 2006 on file in the Community Development Department shall be 20- feet. 4. The off-street parking requirements of Chapter 18.48 of the Development Code are modified as follows:  Tandem parking spaces in front of the garages for the multi-family units may be allowed to satisfy the on-site parking requirements. These tandem spaces shall not be allowed to satisfy the guest parking requirements. 29 guest parking spaces shall be required. The guest parking spaces shall be designed and located to be available to all guests at all times. Town of Truckee California TOWN COUNCIL RESOLUTION 2019-69 EXHIBIT "C" A RESOLUTION OF THE TOWN OF TRUCKEE TOWN COUNCIL APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C AMENDMENT General Conditions of Approval 1. A Project Amendment for Boulders Phase IV-C (Buildings 36-42, single-family residential units; Buildings 32 and 43, fourplexes; not including Buildings 33, 34, and 35, fourplexes) are hereby approved, as described in the October 15, 2019 Planning Commission minutes and the November 26, 2019 Town Council staff report on file in the Community Development Department. The applicant is responsible for complying with all conditions of approval and providing evidence to the Community Development Director of compliance with each condition. (Planning Division Recommendation) 2. The effective date approval shall be November 26, 2019. In accordance with Section 18.84.050 of the Development Code, the land use permits shall be exercised within two (2) years of the effective date of approval, and the project shall be completed within four (4) years after the effective date of approval. Otherwise the approval shall become null and void unless an extension of time is granted by the Planning Commission. (Planning Division Recommendation) 3. The Community Development Director may authorize minor alterations to the approved plans and conditions of approval in accordance with Sections 18.84.070.B.1 and 18.96.100.A.1 of the Development Code only if the Community Development Director finds such changes and alterations to be in substantial compliance with the approved project. For minor project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Community Development Director may impose additional requirements on the project to ensure consistency with the Town Development Code. Major changes and alterations to the approved plans and conditions of approval shall be reviewed and approved by the Planning Commission in accordance with Sections 18.84.070.B.2 and 18.96.100.A.2 of the Development Code. (Planning Division Recommendation) 4. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this determination shall be permitted, authorized, or commenced until all outstanding fees are paid to the Town. (Planning Division Recommendation) 5. The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town Council, which action is brought within the time period provided for by State law. (Planning Division, Town Attorney) 6. Except as modified by the specific provisions and conditions of approval of Exhibits A and B of this Resolution, the project at each phase shall comply with all applicable provisions and standards of the 2000 Development Code, including, but not limited to the following:  General Development Standards as contained in Table 2-4 including site coverage, setbacks, and height limits;  Air Emissions in accordance with Section 18.30.030;  Bicycle Parking and Support Facilities in accordance with Section 18.48.090;  Building height in accordance with Section 18.30.090 and Section 18.46.070;  Drainage and storm water runoff in accordance with Section 18.30.050;  Exterior lighting in accordance with Section 18.30.060;  Fences and walls in accordance with Sections 18.30.070 and 18.30.11 0(c);  Snow Storage in accordance with Section 18.30.130;  Solid Waste and recyclable materials storage;  Open Space in accordance within Chapter 18.46;  Parking in accordance with Chapter 18.48, except as modified by the Planned Development. The provision and standards of the 2019 Development Code that shall be applied to this project shall be those provision and standards in effect on January 11, 2019. (Planning Division Recommendation) Grading, Drainage, Street, and Infrastructure Improvements 7. Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall be required to prepare and deliver two sets of improvement plans to the project planner at 1”=20’, 1”=30’, or 1”=40’ on 24”x36” plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work both in and out of the proposed public right-of way, easements and private roadways. The plans shall be prepared in accordance with the Town of Truckee Public Improvement and Engineering Standards dated May 2003 and shall comply with the design standards identified in Section E.10 and E.12 of Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. The plans at a minimum shall incorporate proposed grades, drainage, driveway design and erosion control and incorporate cost estimates for all work to be performed. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan approval. Public improvement plan check fees and inspection fees are calculated using the estimated construction costs. The plan check fee is equal to the following formula based upon the estimated construction costs: 5% of valuation from $0 to $50,000 3% of valuation from $50,000 to $250,000 1% of valuation above $250,000 The inspection fee, due prior to start of construction, is equal to the following formula based upon the estimated construction costs: 6% of valuation from $0 to $50,000 4% of valuation from $50,000 to $250,000 1.5% of valuation above $250,000 (Engineering Division Recommendation) 8. Prior to grading permit issuance or improvement plan approval, the project proponents shall provide a drainage report in accordance with the Town of Truckee Public Improvement and Engineering Standards including identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all down stream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. (Engineering Division Recommendation) 9. All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Town Engineer. Permanent erosion control measures in accordance with Best Management Practices of the "Project Guidelines for Erosion Control for the Truckee River Hydrologic Unit" as adopted by the Lahontan Regional Water Quality Control Board shall be required. (Engineering Division Recommendation) 10. In conjunction with the grading plan, a dust suppression plan shall be prepared in accordance with Section 18.30.030 (A) of the Development Code. The plan shall incorporate all requirements of Section 18.30.030 (A) and include specific measures to control fugitive dust emissions. (Section 18.30.030(A) Development Code) 11. The applicant shall prepare and submit a comprehensive grading, erosion, and drainage plan to the Planning Division and RWQCB and obtain the appropriate permit or waiver from the RWQCB. The design of the storm water treatment/ control facilities shall demonstrate consistency with the following requirements: a. Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (i.e.: infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a twenty-year, one-hour storm event. b. Runoff shall be directed into an on-site retention / treatment basin utilizing a culvert, depressed swale, and/ or rock lined trench. Surface water shall not drain over sidewalks or adjoining parcels. Facilities shall be designed to direct storm water runoff which exceeds the required capacity into a public storm drainage system contained within the nearest public right-of-way. c. Runoff from structures not directed into a retention / treatment basin shall utilize graveled drip line infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including the twenty-year, one-hour storm event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench(s) of a different dimension is approved by the Town Engineer based upon an engineered drainage analysis. d. Runoff from snow storage areas shall be collected, treated, and contained on-site consistent with the above requirements. The storm water detention infiltration fields shall not be used for snow storage. Snow shall not be placed within any required on- site drainage facility in conflict with the intended function of the facility. (Planning Division Recommendation) 12. The required comprehensive grading and drainage plan shall include temporary and permanent erosion control methods consistent with the requirements of the Lahontan Regional Water Quality Control Board Truckee River Hydrologic Unit Guidelines for Erosion Control and Best Management Practices and State of California Best Management Practices Handbook prepared by the American Public Works Association Storm Water Task Force, including but not limited to: Temporary a. All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director. b. The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with non-woven filter fabric fence, hay bales, temporary gravel, and/ or earthen or sand bag dikes. c. All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions. Permanent a. All surplus or waste earthen materials shall be removed from the site and deposited in an approved location within 10 days from completion of construction. b. Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen material to any surface water drainage course. c. All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching, and initial fertilizing and watering as needed. d. Before October 15 in any year, permanent and/ or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the above requirements. (Planning Division Recommendation) 13. Prior to building permit issuance or improvements plan approval all roadway and utility infrastructure shall be designed and approved by the respective responsible agencies or bonded for with the Town of Truckee. All utilities shall be placed underground as part of the project construction. (Engineering Division Recommendation) 14. Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall provide identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all downstream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20-year, 1-hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. (Engineering Division Recommendation) 15. Prior to building permit issuance, the applicant shall pay traffic impact fees and facilities impact fees applicable at the time of building permit application. The traffic impact fees will be based upon the latest fee schedule adopted by the Town Council in effect at the time of building permit application. (Engineering Division Recommendation) 16. Frontage improvements will be required for this project. A minimum ten-foot-wide hard surface multi-purpose trail will be required along the Deerfield Drive project frontage from Dolomite Way to the western property line. The limits of the proposed improvements will be reviewed and approved by the Town Engineer as a part of the improvement plan review prior to building (grading) permit issuance for Phase IV-C. The frontage improvements shall be constructed prior to Final Map recordation of Phase IV-C, prior to construction of the roundabout, or prior to construction of the PC-1 Legacy Trail, whichever is first. Prior to Final Map recordation of Phase IV-C, the applicant is required to offer for dedication to the Town, a trail easement for any portions of the trail which are outside of the Deerfield Drive right-of-way. Prior to Final Map recordation of Phase IV-C, the applicant will be required to enter into a maintenance and hold harmless agreement for frontage improvements installed by all phases of The Boulders Project (Phases I through IV) as approved by the Town Engineer. (Engineering Division Recommendation) 17. Prior to Final Map recordation of Phase IV-C, the applicant shall submit an BMP operation and maintenance plan to the Town Engineer for review and approval for the maintenance of all permanent and treatment control BMPs installed by all phases of The Boulders Project (Phases I through IV). Such BMPs shall be used only for the purposes of the BMP. The applicant shall submit yearly BMP operation and maintenance certifications to the Engineering Division according to the Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. (Engineering Division Recommendation) 18. Prior to Final Map recordation of Phase IV-C, all roadway, drainage, frontage and utility improvements shall be constructed and approved by the respective responsible agencies or a financial surety in the amount of 125% of the remaining improvements and a Subdivision Improvement Agreement shall be provided to the satisfaction of the Town Engineer. All utilities shall be placed underground, including the existing aboveground utility lines. The existing utility poles shall be removed following utility undergrounding. (Engineering Division Recommendation) 19. Prior to the issuance of certificate of occupancy, the proposed project shall be required to offer for dedication to the Town of Truckee 20' drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. (Engineering Division Recommendation) 20. Any construction work associated with the replacement of Town drainage facilities required as part of this project shall comply with the erosion control regulations of Section 18.30.050(C) of the Development Code. The Town Engineer shall verify that temporary and permanent erosion control measures consistent with Section 18.30.050(C), the Regional Water Quality Control Board's Truckee River Hydrologic Unit Project Guidelines for Erosion Control, and the State of California Storm Water Best Management Practices Handbook are incorporated into the project's improvement plans prior to their approval and all work is done in accordance with the approved improvement plans. (Planning and Engineering Divisions) 21. Prior to issuance of any grading or building permits for the project, the applicant shall provide performance guarantees with sufficient legal commitments and financial sureties to guarantee the faithful performance of any and all conditions of approval and completion of the project or to guarantee the restoration of the site if the project is not completed. The form, manner, and amount of the guarantee shall comply with the requirements of the Town Planner and the Town Attorney and shall be reviewed and approved by the Community Development Director prior to issuance of permits. (Development Code Section 18.84.040) 22. The new electrical power lines and other utility lines to serve the subject property shall be under grounded, with the exception of transmission lines, in accordance with the requirements of the Development Code and the Town Engineer. The entirety of this work shall be completed in conjunction with the grading and building permit for the development and shall be included in the engineered improvement plans prepared for this project. (Development Code Section 18.30.160) 23. Sewage facilities shall be reviewed and approved by the Truckee Sanitary District (TSD). Connection fees and service charges will be payable to the TSD and Tahoe-Truckee Sanitation Agency prior to connection to the sewer collection system. (Planning Division Recommendation) 24. Water, gas and electrical facilities shall be reviewed and approved by the Truckee Donner Public Utility District (TDPUD), Southwest Gas Corporation, and the Sierra Pacific Power Company. Connection fees and service charges will be payable to the aforementioned utility companies prior to connect to the water, gas and/or electrical systems. (Planning Division Recommendation) 25. All roadway and utility infrastructure shall be constructed and approved by the respective responsible agencies or bonded for prior to occupancy. All utilities shall be placed underground. (Engineering Division Recommendation) 26. Prior to building permit issuance the applicant shall pay traffic impact fees applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of building permit issuance. (Engineering Division Recommendation) 27. Prior to building permit issuance the applicant shall pay the facilities impact fee applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town council in effect at the time of building permit issuance. drainage paths where the identified drainage paths are contributed to by this project. (Engineering Division Recommendation) 28. Prior to final map approval, the proposed project shall be required to enter into a maintenance agreement for the roadway and driveway. The agreement shall include a detailed description of how maintenance and snow removal costs are to be shared among the affected property owners. (Engineering Division Recommendation) Site and Building Design 29. Prior to commencement of any work on the site, the applicant shall obtain a grading permit for the grading of the site and/or building permit(s) to include both grading and construction of the building (s). Complete building plans and engineering in accordance with the Town Building Code will be required for all structures. The building plans shall include details and elevations for all State of California, Title 24, handicap regulations. (Building Division) 30. The final site and building designs for the project shall comply with the site plans and building elevations approved on October 20, 2015 and on file in the Community Development Department and as modified by the conditions of approval. The materials, finishes, and colors as listed on the general exterior finish sheets approved by the Planning Commission and on file in the Community Development Department, shall be the approved materials, finishes and color for the new buildings. For project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Community Development Director may impose additional requirements on the site and building designs to ensure consistency with the Town Design Guidelines. (Planning Division Recommendation) 31. The applicant is responsible for providing an on-site snow storage area(s) equaling a minimum of 50% of the uncovered paved surfaces of the site. The snow storage area(s) shall be shown on the site plan submitted with the building plans and approved by the Community Development Director and Town Engineer. The snow storage area(s) shall be at least 10 feet wide and 10 feet deep. It shall be accessible, useable, unpaved, and clear of obstacles and not interfere with snow removal and storage operations from the public right- of-way. Snow storage areas are not permitted in water detention/treatment facilities. Designated snow storage areas shall be utilized for the storage of snow as designed. All required parking spaces must be kept clear of snow so they are useable. Snow must be kept on the confines of the property and may not be moved onto or stored on the Town maintained right-of-way or Town snow storage easements unless specifically approved by the Town Engineer/Public Works Director. (Planning Division Recommendation) 32. The project shall comply with all applicable Truckee Fire Protection District ordinances and requirements as determined by the District Fire Marshall. These ordinances and requirements may include, but not be limited to, installation of fire hydrants, minimum fire flow, automatic sprinkler systems for buildings, driveway and turnaround specifications, fuel clearance, and payment of fire mitigation fees. The mitigation fee shall be paid prior to issuance of a building permit. (Planning Division Recommendation) 33. Landscaping for the project shall be provided as shown on the approved preliminary landscaping plan. A final landscaping plan shall be prepared and incorporated into the building plans for the project. The Town Planner may require additional landscaping and or screening in order to address unsightly project components such as but not limited to transformers and trash receptacles. Prior to building permit issuance, a final landscaping plan shall be prepared in consistent with the preliminary landscaping plan and the Water Efficient Landscape Ordinance. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall submit documentation of compliance with Development Code Section 18.40.060 (Water Efficient Landscape Ordinance), including all required Water Efficient Landscape Worksheets including Worksheet A (Maximum Allowed Water Allowance) and Worksheet B (Certificate of Completion) for review and approval by the Community Development Director. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall submit to the Planning Division a complete maintenance plan and contract, ensuring proper maintenance of all landscaping and irrigation, to be approved by the Community Development Director. The property owner shall be responsible for maintaining all plantings and irrigation, and in any case where required plantings have not survived, the property owner shall be responsible for replacement with equal or better plant materials. At least one week prior to issuance of a temporary or final certificate of occupancy, the applicant shall request an on-site inspection from the Planning Division for all landscaping and irrigation, and the applicant shall submit a landscape inspection fee in the amount established by the Town Fee Schedule at the time of the request (currently $256). All landscaping shall be installed in accordance with the final landscape plan and these landscape conditions prior to issuance of a temporary certificate of occupancy OR installation of the landscaping shall be guaranteed by a performance guarantee or other acceptable security prior to issuance of a temporary certificate of occupancy and installation shall be completed prior to issuance of a final certificate of occupancy. (Planning Division Recommendation) 34. Prior to issuance of any improvement plans or grading permit, the applicant shall place tree protection measures, i.e. protective fencing around the trees to be retained. The protective fencing shall be placed around the tree to the drip line. (Planning Division Recommendation) 35. Prior to the issuance of any building permits, a comprehensive lighting plan shall be submitted to the Community Development Director for review and approval. The lighting plan shall comply with Section 18.30.060 of the Development Code and address street and driveway lighting (if any), parking lot lighting (if any), and all other exterior lighting including lighting on the exterior of structures. The lighting plan shall include all information necessary to demonstrate compliance with Town lighting specifications and all requirements of these conditions of development. All exterior lighting shall comply with the approved lighting plan. (Planning Division Recommendation) 36. Lighting shall be color corrected, shielded, and directed downward to prevent spill onto adjacent properties or roadways. Lighting intensity shall be the minimum necessary to provide lighting for security and safety purposes. Outdoor light fixtures shall be designed in such a way that no light rays are emitted from the fixture at angles above the horizontal plan. Street and parking lot lighting shall be limited to a maximum height of 20-feet. (Planning Division Recommendation) 37. Final building plans shall reflect screening of any mechanical equipment, trash containers, and propane tanks (if any). Any mechanical equipment, trash enclosures, and propane tanks (if any) shall be screened from public view. Screening shall be compatible in color with adjacent building materials. All flashing, vents, and gutters shall be painted in a color to blend with adjacent building colors. The trash containers shall be completely screened with the same finish materials and colors as the primary building finish materials. (Planning Division Recommendation) 38. Prior to issuance of any temporary of final certificates of occupancy, a solid waste storage and removal plan shall be submitted to and approved by the Town Engineer. The Town Engineer shall not approve the solid waste plan unless the Town Engineer finds that sufficient storage area and facilities will be provided for solid waste and recyclable materials. All facilities approved as part of the solid waste storage and removal plan shall be installed prior to issuance of any temporary or final certificates of occupancy. The storage areas shall be accessible to employees and visitors and may be located outside the buildings in an enclosed storage area with Town Planner approval. (Planning Division Recommendation) 39. The townhome midlevel floor plan, master 1-bedroom emergency egress appears inadequate. At least one window shall have a minimum openable area of 5. 7 square feet. (Building Division) 40. Fourplex ground floor units must be accessible/adaptable. (Building Division) 41. At least one bathroom shall be accessible in ground floor fourplex units in accordance with CBC Tables 1109A.2-1 and 1109A.2-2. The toilet compartment configuration shall accommodate 40-inch-long 2x6 blocking to accommodate future grab bars that will extend a minimum of 26 inches in front of the water closet (CBC 1109A.6). The minimum shower size in an accessible bathroom is 42 x 48 inches, not the 36 x 48 shown (CBC Tables 1109A.2-1 and 2). Provide a minimum of 18 inches on the pull/strike side of the accessible bathroom doors. (Building Division) 42. Doors to various rooms within the ground floor accessible fourplex units shall have a minimum clear opening of 32 inches. (Building Division) 43. Provide a path of travel from all ground floor (accessible) four plex buildings to the public way/public transportation. (Building Division) Noise 44. Hours of operation of construction activities shall be limited from 7 a.m. to 7 p.m. or dusk, whichever occurs first, Monday through Saturday. No construction shall be permitted on Sundays. Interior construction activities may occur after these hours if such activities will not result in exterior noise audible at property lines. Improvement, grading, and building plans shall note these limited hours of construction. (Planning Division Recommendation) Air Quality 45. Open burning of site-clearing shall be prohibited on the site. Site cleared vegetation shall be treated by other legal means including, but not limited to, chipping, shredding, and grinding. The dust suppression plan shall note how site cleared vegetation will be disposed. (Planning Division Recommendation) 46. Stockpiles of excavated materials shall be located at least 20 feet from all property lines. The dust suppression plan shall note this requirement. (Planning Division Recommendation) 47. The project shall comply with Section 18.30.030, Air Emissions, of the Town Development Code, including requirements / restrictions for: a. Dust Suppression Plan b. Timely scheduling and completion c. Operations during high winds d. Limited areas of disturbance e. Dust control f. On-site road watering g. Revegetation h. Best Available Control Measures i. Vehicle exhaust emissions j. Road re-entrained dust (Planning Division Recommendation) Other Conditions of Approval 48. The applicant shall pay all required impact fees as required by each respective District, including fire, school, and recreation fees. The requirements of the responsible agencies and special districts are contained within the project file and incorporated by reference. Enforcement and clarification to any of these agency/ district requirements and the necessary timing for satisfying these requirements is at the discretion of the respective agency I district. (Planning Division Recommendation) 49. The garage(s) for each unit shall be kept clear for the parking of vehicles and shall not be used in a manner that would prohibit or restrict the parking of a vehicle in the garage. (Planning Division Recommendation) 50. If artifacts, paleontological or cultural, or unusual amounts of stone, bone, or shell are uncovered during construction activity, all construction activities shall cease within a 200- foot radius of the find. The Town Planner shall be notified of the find, and an archaeologist shall investigate the find to determine the extent and location of the discovered materials. The archaeologist shall amend the cultural resources evaluation conducted on the site to determine the significance of the discovered materials and to identify mitigation measures to eliminate or reduce any significant effects to a less than significant level in accordance with the CEQA Guidelines. The Town Planner shall require the mitigation measures to be incorporated into the project and to be implemented prior to recommencement of construction activity. Construction shall not recommence until authorized by the Town Planner. (Planning Division Recommendation) 51. The project shall demonstrate compliance with the requirements of the Kinder Morgan as it relates to the project's construction and the protection of the pipeline. The project shall comply with, including but not limited to, the following: a. At least two weeks prior to the commencement of any work on the subject site, the developer shall notify KM Area Manager, Mr. Girard Gonyeau at (775) 358-6971. b. Pothole the 8-inch pipeline to determine the exact location prior to excavations utilizing power equipment The pothole work shall be performed by hand excavation and in the presence of a KM representative. Backfill around the pipeline shall be sand (or rock free dirt) and shall be hand compacted. c. Obtain an encroachment permit form the office of the California State Fire Marshal for the encroachment of the parking area into and on the pipeline easement and for the residences adjacent to the pipeline easement d. Prior to any grading on the project site, the developer shall provide evidence to the Town Planner of compliance with the requirements of this condition, Kinder Morgan and the California State Fire Marshal. (Planning Division Recommendation) 52. To ensure consistency with the requirements of the Town of Truckee and the Lahontan Regional Water Quality Control Board (LRWQCB), the applicants shall hire a third party inspector to be on the job site during the project's construction. The inspector shall work with the Town of Truckee and the LRWQCB to ensure that the project site is in compliance with the requirements of the Town of Truckee and the LRWQCB including but not limited to fugitive dust emissions, storm water runoff drainage/sediment control, etc. The on-site inspector shall be hired by The Boulders Condominium developers. (Planning Division Recommendation) 53. The Boulders shall pay $211,011.75 towards affordable housing over the life of the remaining project [15 units x 15% inclusionary requirement = 2.25 inclusionary units; 2.25 x $93,783 (affordable housing in-lieu fee, Town Council Resolution 2018-76) = $211,011.75]. The cost of the affordable housing shall be distributed equally among the 27 15 remaining units (Buildings 32 and 36 to 43) and shall be paid in accordance with the following schedule: a. Phase IV-C (Buildings 32 and 36 to 43): Upon close of escrow of each unit, 1/15th of the affordable housing fee or $14,067.45 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $56,269.80 or $14,067.45 for each single-family residence. The total amount collected for Phase IV-C shall be $211,011.75. This payment shall be part of the requirements of the escrow instruction. b. Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division Recommendation) 54. The Boulders Phase IV-C shall pay the remaining $165,616.11 of its fair share contribution of $263,758.83 for the estimated $1.2 million Deerfield Roundabout subject to the following: a. The fair share contribution was calculated based on the PC-1 Development Agreement. At the roundabout location, the PC-1 project generates 96 PM Peak hour trips and the Boulders Phase IV project generates 27 PM peak hour trips. Therefore the PC-1 project has a 78% fair share amount and the Boulders Phase IV Project has a 22% fair share. The Boulders Phase IV trip generation is calculated based upon 43 multi-family units at a rate of 0.62 PM Peak hour trips per multi- family unit. The cost of the Boulders fair share contribution shall be distributed equally among the 43 remaining units. b. The fair share contribution shall be paid based on the following schedule: i. Phase IV-C (Buildings 32 to 43): Upon close of escrow of each unit, 1/43rd of the Boulders fair share contribution ($6,133.93) shall be paid per unit to the Town. This payment shall be collected per building $24,535.71 ($6,133.93 x 4 units) for each four-plex or $6,133.93 per single-family home. The total amount collected for Phase IV-C shall equal $165,616.11. This payment shall be part of the requirements of the escrow instruction. ii. If construction of the Deerfield roundabout commences prior to completion of all units in Phases IV-A to IV-C, the developers of the Boulders shall pay the remaining amount of the Boulders fair share contribution of $263,758.83 prior to issuance of any further building permits or certificates of occupancy. c. Administrative Costs: For each roundabout fee submitted, a $60 administrative fee shall be collected for Town services. If roundabout fees are paid in combined sums, each combined sum will be required to pay one administrative fee. d. Each fair share contribution payment shall be submitted to the Town for holding to be distributed to the developers of the roundabout at the time of construction or used by the Town to construct the roundabout in the event the Town decides to pursue construction of the roundabout independent of any development projects based on level-of-service needs on Deerfield Drive or as specified in an adopted Capital Improvement Program. e. The applicant may request reimbursement of a fair share portion of the Deerfield roundabout from future discretionary Category 3 and 4 projects (as defined by General Plan Table CIR-6) that add traffic to the Deerfield roundabout. It is the intent of the Town to include language requiring such projects to reimburse The Boulders Phase IV developers for their fair share cost of the roundabout as a part of the future land use conditions of approval; however, it will be the responsibility of the Boulders Phase IV applicants to request that such a condition be placed on future applicable projects prior to project approval provided it is legal and appropriate for the Town review authority to impose such reimbursements. (Planning Division Recommendation) 55. Final escrow instructions shall be submitted to the Town for review and approval by the Town Attorney prior to issuance of final occupancy of any units in Phase IV-C. (Planning Division Recommendation) Tentative Map Conditions of Approval 56. The applicant shall submit Final Map check prints, all required information, and applicable fees to the Planning Division for review and approval with each Final Map application. The Final Map shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. (Planning Division Recommendation) 57. All subphases of Phase IV Final Map shall be consistent with local agency requirements, including the Truckee Donner Public Utility District, Tahoe-Truckee Sanitation Agency, and Truckee Sanitary District. (Planning Division Recommendation) 58. The applicant shall submit a certified copy of the tax certificate executed by the Nevada County Tax Collector with each Final Map review submittal to the Planning Division. (Planning Division Recommendation) 59. Wood burning devices shall be prohibited within the subdivision by placing a deed restriction on the title. (Planning Division Recommendation) 60. A condominium plan as well as CC&Rs shall be filed and recorded concurrently with the recording of the map. The plan shall include, but not be limited to provisions for common maintenance of the driveways, landscaping, and buildings. The plan shall be submitted to the Community Development Director for review and approval prior to recordation of each Final Map. (Development Code Section 18.30.030) RESOLUTION NO. 2019-69 EXHIBIT "D" A RESOLUTION OF THE TOWN OF TRUCKEE TOWN COUNCIL APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C AMENDMENT FINDINGS Development Permit and Planned Development 1. The proposed development is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all other applicable provisions of this Development Code, the Municipal Code, and the Public Improvement and Engineering Standards (PIES) relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and carry out the purposes, intent, and requirements of the respective zoning district, including prescribed development standards an applicable design guidelines. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “General Plan and Zoning Consistency” and “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. All conditions of approval applied to the original project have been renewed in this approval ensuring consistency with the Development Code and PIES. The affordable housing fee and roundabout fee, as approved, provides an appropriate public amenity that allows for flexibility in design including a transfer of density, tandem parking, and reduced setbacks. The flexibility in standards allows the multi-family and single-family residential units to be more integrated as a community and allows for more spacing between the units. The affordable housing fee and roundabout fee, as approved, are appropriate public amenities for this project specifically due to the history and the substantial completion of the Boulders Phases I-IV and the need to finish out the project. The affordable housing fee is consistent with the current Development Code. 2. The proposed development is consistent with the General Plan, any applicable Specific Plan, the Trails and Bikeways Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan (TTALUC), and the Particulate Matter Air Quality Management Plan. The applicant intends on completing a project that has substantially been completed. With the proposed project the previously approved land uses for the property or the physical characteristics of the previously approved development would not be change. These prior projects were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and were described by the “General Plan and Zoning Consistency” and “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. The project site is not within any Specific Plan areas; however, the project proposes working with the developers of the Coldstream Specific Plan (PC-1) to contribute a fair share amount to the construction of the Deerfield Roundabout which was a requirement of the PC-1 Development Agreement. The sidewalk/trail will connect the existing trail system in the Boulders to the future trails within the PC-1 development area. The delineation of this trail is consistent with the Trails and Bikeways Master Plan. Additionally, by increasing the width of the proposed Class I sidewalk/trail to 10 feet, the sidewalk/trail will be consistent with the preferred width of the Trails and Bikeways Master Plan and future construction of any trails. The project site is within Zone E of the Truckee Tahoe Airport Land Use Compatibility Plan which does not have any density restriction and requires review only if new development has a height of more than 100 feet. The proposed Project Amendment is in compliance with the TTALUC. The proposed project is consistent with the requirements of the Town of Truckee Air Quality Management Plan. Woodstoves are prohibited in the project site and this Project Amendment does not propose any changes to this requirement. The project will be required to be in compliance with dust suppression methods as set forth in the Conditions of Approval. 3. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes, as well as the November 26, 2019 Town Council staff report. The affordable housing fee and roundabout fee, as approved, provides an appropriate public amenity that allows for flexibility in design including a transfer of density, tandem parking, and reduced setbacks. The flexibility in standards allows the multi-family and single-family residential units to be more integrated as a community and allows for more spacing between the units. The affordable housing fee and roundabout fee, as approved, are appropriate public amenities for this project specifically due to the history and the substantial completion of the Boulders Phases I-IV and the need to finish out the project. The affordable housing fee is consistent with the current Development Code. 4. The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 5. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 6. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 7. The 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. This finding is supported by the discussion contained in the “Environmental Review” section of the Planning Commission staff report dated October 15, 2019. The project was determined to be exempt from CEQA per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 9. The site for the proposed use is physically suitable for the type and density/intensity of development being proposed, and is 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. 10. The subject site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 11. 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. The Nevada County Environmental Health Department and Truckee Donner Fire Protection District have reviewed the proposed project and no objections were filed. There is no proposal of the transport, use, and or/disposal of hazardous materials. Tentative Map 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan and/or Master Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards. With the incorporated Conditions of Approval, the proposed project is consistent with the General Plan, the Trails and Bikeways Master Plan, The Truckee Tahoe Airport Land Use Compatibility Plan, and the Particulate Matter Air Quality Management Plan. The proposed subdivision does not fall under the scope of any specific plans. 2. The site is physically suitable for the type and density/intensity of development being proposed. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. 3. 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 the public health and safety. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 4. There is available capacity in community sewer and/or water systems serving the subdivision or the subdivision will be served by on-site septic systems and/or private wells that comply with Nevada County Department of Environmental Health regulations; The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. The Tentative Map remains the same as the original Phase IV Tentative Map. The project is proposed to be on public sewer and water that has adequate capacity. Both the Truckee Sanitary District and the Tahoe Truckee Sanitation Agency were notified of this project and no objections were filed. 5. Distribution and collection facilities for sewer and water and other infrastructure are installed to lot boundaries; and The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. The Tentative Map remains the same as the original Phase IV Tentative Map. Infrastructure improvements for utilities, including sewer and water, will be required to prior to Final Map recordation of Phase IV-C. 6. Recreation development fees are paid prior to map recordation. The Boulders Phase IV Condition of Approval No. 52 requires that the applicant shall pay all required impact fees are required by each district, including fire, school, and recreation fees. The Tentative Map was reviewed by the Truckee Donner Recreation and Park District and no recreation development fees were required beyond the original conditions. 7. The Tentative Map 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, including fish, wildlife, and their habitat that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted. This finding is supported by the discussion contained in the “Environmental Review” section of the Planning Commission staff report dated October 15, 2019. The project was determined to be exempt from CEQA per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8. The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 9. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. The proposed Tentative Map is consistent with the previously approved Tentative Map. 10. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. The proposed Tentative Map is consistent with the previously approved Tentative Map. The proposed project shall be in compliance with all Regional Water Quality Control Board and Truckee Sanitary requirements. Attachment 3 Appeal of Boulders Phase IV-C Amendment Link to October 15, 2019 Planning Commission Staff Report http://laserfiche.townoftruckee.com/weblink/0/doc/59414256/Page1.aspx Attachment 4 Appeal of Boulders Phase IV-C Amendment Link to Draft October 15, 2019 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/59418531/Page1.aspx PC Resolution No. 2019-24 Page 1 of 23 Town of Truckee California PLANNING COMMISSION RESOLUTION NO. 2019-24 A RESOLUTION OF THE TOWN OF TRUCKEE PLANNING COMMISSION APPROVING APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C RENEWAL (DEVELOPMENT PERMIT, PLANNED DEVELOPMENT AND TENTATIVE MAP EXTENSION) WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2001-01 approving the Boulders Phases I-III Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for a 180-unit condominium development on February 14, 2001; and WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2006-12 approving the Boulders Phase IV Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for an additional 31 units (43 total units) on July 12, 2006; and WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2015-10 approving amendments to the Boulders Phase IV Conditions of Approval and Tentative Map, including phasing of Phase IV into three phases (IV-A, IV-B, and IV-C); and WHEREAS, Phases I-III, IV-A, and IV-B have been completed; and WHEREAS, the Boulders Phase IV Development Permit and Planned Development approval expired in October 20, 2017 and the Tentative Map approval expires on October 20, 2019; and WHEREAS, the Boulders applicants would like to complete construction of the project; and WHEREAS, the Town of Truckee received an application requesting a renewal of the Development Permit and Planned Development for the Boulders Phase IV-C and Time Extension for the Boulders Phase IV-C Tentative Map; and WHEREAS, the Planning Commission is the review authority for Development Permits, Planned Developments, and Tentative Maps with five or more parcels; and WHEREAS, a 10-day public review period was provided to allow Federal, State, and local agencies, interested persons and organization, and other members of the public to review and comment on the project; and WHEREAS, public notice was published in the Sierra Sun and mailed to property owners within 500 feet of the project site informing the public of the date, time, and location of the public hearing for consideration of the approval or denial of the Development Permit, Planned Development, and Tentative Map Extension; and WHEREAS, the Planning Commission held a public hearing on the matter at their regularly scheduled Planning Commission meeting beginning and ending on October 15, 2019, and considered all information and public comment related thereto; Attachment 5 Boulders Phase IV-C Amendment Appeal Planning Commission Resolution 2019-24 THEREFORE BE IT RESOLVED, the Planning Commission hereby takes the following actions on Application 2019-00000127/DP-PD-EXT (The Boulders Phase IV-C Renewal): 1. Determines the project exempt from further environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 2. Approves a Development Permit to construct remaining units in the Boulders Phase IV-C, including five two fourplexes (three under construction Buildings 33, 34, and 35 are under construction and excluded from this application) and seven single-family residential units on APN 018-740-054 subject to the conditions of approval set forth in Exhibit “C” (Conditions of Approval) and as shown in Exhibit “A” (Tentative Map and Plans) attached hereto and incorporated herein; and 3.Approves a Planned Development to allow 27 equivalent dwelling units in Phase IV-C, as calculated in accordance with Section 18.80.050.B. of the Development Code; to reduce the side yard setback to 20’ from 30’ for Buildings 36 through 42; parking reductions and tandem parking as set forth in Exhibit “B” (Planned Development); and . 4.Approves a Tentative Map Extension to create five common area lots with 27 condominiumized units within Phase IV-C, subject to the conditions of approval set forth in Exhibit “B” (Conditions of Approval), as shown in Exhibit “A” attached hereto and incorporated herein. BE IT FURTHER RESOLVED, the Planning Commission adopts the findings set forth in Exhibit “D” (Findings), in support of approval of these actions. The foregoing Resolution was introduced by Vice Chair Riley and seconded by Chair Zabriskie at a Regular Meeting of the Truckee Planning Commission held on the 15th day of October 2019 and adopted by the following vote: AYES: Chair Zabriskie, Vice Chair Riley, and Commission Member Hall NOES: Commission Member Tarnay ABSENT: Commission Member Gove _________________________________ Jan Zabriskie, Chair Town of Truckee Planning Commission ATTEST: __________________________ Julie Paping, Administrative Technician Attachments: Exhibit A – Tentative Map and Plans Exhibit B – Conditions of Approval Exhibit C – Findings RESOLUTION NO. 2019-24 EXHIBIT "A" APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C RENEWAL (DEVELOPMENT PERMIT, PLANNED DEVELOPMENT AND TENTATIVE MAP EXTENSION) TENTATIVE MAP AND PLANS RESOLUTION NO. 2019-24 EXHIBIT "B" APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C RENEWAL (DEVELOPMENT PERMIT, PLANNED DEVELOPMENT AND TENTATIVE MAP EXTENSION) PLANNED DEVELOPMENT 1. The following modifications to the Development Code are hereby approved for application No. 2019-00000127, commonly referred to as The Boulders Phase IV-C. If conflicts occur between these requirements of the Development Code and the requirements of the Planned Development, the requirements of the Planned Development shall control. This Planned Development shall apply to Application No. 2019-00000127, and the approval of this Planned Development shall expire if the Development Permit for Application No. 2019- 00000127 expires. 2. The maximum density for Phase IV-C shall be 27 equivalent dwelling units as calculated in accordance with Section 18.80.050(6) of the Development Code. 3. The minimum side yard setback for Buildings 36 through 42, as shown on the approved site plans dated March 13, 2006 on file in the Community Development Department shall be 20- feet. 4. The off-street parking requirements of Chapter 18.48 of the Development Code are modified as follows:  Tandem parking spaces in front of the garages for the multi-family units may be allowed to satisfy the on-site parking requirements. These tandem spaces shall not be allowed to satisfy the guest parking requirements. 29 guest parking spaces shall be required. The guest parking spaces shall be designed and located to be available to all guests at all times. RESOLUTION NO. 2019-X24 EXHIBIT "C" APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C RENEWAL (DEVELOPMENT PERMIT, PLANNED DEVELOPMENT AND TENTATIVE MAP EXTENSION) CONDITIONS OF APPROVAL General Conditions of Approval 1. A Development Permit, Planned Development, and Tentative Map Extension for the Boulders Phase IV-C (Buildings 36-42, single-family residential units; Buildings 32 and 43, fourplexes; not including Buildings 33, 34, and 35, fourplexes) are hereby approved, as detailed on the Tentative Map and Plans as described in the October 15, 2019 Planning Commission staff report on file in the Community Development Department. The applicant is responsible for complying with all conditions of approval and providing evidence to the Community Development Director of compliance with each condition. (Planning Division) 2. The effective date approval shall be October 28, 2019, unless the approval is appealed to the Town Council by 5:00 pm on October 25, 2019. In accordance with Section 18.84.050 of the Development Code, the approval of the Development Permit, Planned Development, and Tentative Map shall be valid for 24 months after its effective date. At the end of that time, the Development Permit, Planned Development, and Tentative Map approval shall expire and become null and void unless the time limits of the land use permit is extended per Section 18.84.055 and Section 18.96.150 of the Development Code. (Planning Division) 3. The Community Development Director may authorize minor alterations to the approved plans and conditions of approval in accordance with Sections 18.84.070.B.1 and 18.96.100.A.1 of the Development Code only if the Community Development Director finds such changes and alterations to be in substantial compliance with the approved project. For minor project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Community Development Director may impose additional requirements on the project to ensure consistency with the Town Development Code. Major changes and alterations to the approved plans and conditions of approval shall be reviewed and approved by the Planning Commission in accordance with Sections 18.84.070.B.2 and 18.96.100.A.2 of the Development Code. (Planning Division) 4. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this determination shall be permitted, authorized, or commenced until all outstanding fees are paid to the Town. (Planning Division) 5. The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town Council, which action is brought within the time period provided for by State law. (Planning Division, Town Attorney) 6. Except as modified by the specific provisions and conditions of approval of Exhibits A and B of this Resolution, the project at each phase shall comply with all applicable provisions and standards of the 2000 Development Code, including, but not limited to the following:  General Development Standards as contained in Table 2-4 including site coverage, setbacks, and height limits;  Air Emissions in accordance with Section 18.30.030;  Bicycle Parking and Support Facilities in accordance with Section 18.48.090;  Building height in accordance with Section 18.30.090 and Section 18.46.070;  Drainage and storm water runoff in accordance with Section 18.30.050;  Exterior lighting in accordance with Section 18.30.060;  Fences and walls in accordance with Sections 18.30.070 and 18.30.11 0(c);  Snow Storage in accordance with Section 18.30.130;  Solid Waste and recyclable materials storage;  Open Space in accordance within Chapter 18.46;  Parking in accordance with Chapter 18.48, except as modified by the Planned Development. The provision and standards of the 2019 Development Code that shall be applied to this project shall be those provision and standards in effect on January 11, 2019. (Planning Division) Grading, Drainage, Street, and Infrastructure Improvements 7. Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall be required to prepare and deliver two sets of improvement plans to the project planner at 1”=20’, 1”=30’, or 1”=40’ on 24”x36” plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work both in and out of the proposed public right-of way, easements and private roadways. The plans shall be prepared in accordance with the Town of Truckee Public Improvement and Engineering Standards dated May 2003 and shall comply with the design standards identified in Section E.10 and E.12 of Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. The plans at a minimum shall incorporate proposed grades, drainage, driveway design and erosion control and incorporate cost estimates for all work to be performed. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan approval. Public improvement plan check fees and inspection fees are calculated using the estimated construction costs. The plan check fee is equal to the following formula based upon the estimated construction costs: 5% of valuation from $0 to $50,000 3% of valuation from $50,000 to $250,000 1% of valuation above $250,000 The inspection fee, due prior to start of construction, is equal to the following formula based upon the estimated construction costs: 6% of valuation from $0 to $50,000 4% of valuation from $50,000 to $250,000 1.5% of valuation above $250,000 (Engineering Division) 8. Prior to grading permit issuance or improvement plan approval, the project proponents shall provide a drainage report in accordance with the Town of Truckee Public Improvement and Engineering Standards including identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all down stream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. (Engineering Division) 9. All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Town Engineer. Permanent erosion control measures in accordance with Best Management Practices of the "Project Guidelines for Erosion Control for the Truckee River Hydrologic Unit" as adopted by the Lahontan Regional Water Quality Control Board shall be required. (Engineering Division) 10. In conjunction with the grading plan, a dust suppression plan shall be prepared in accordance with Section 18.30.030 (A) of the Development Code. The plan shall incorporate all requirements of Section 18.30.030 (A) and include specific measures to control fugitive dust emissions. (Section 18.30.030(A) Development Code) 11. The applicant shall prepare and submit a comprehensive grading, erosion, and drainage plan to the Planning Division and RWQCB and obtain the appropriate permit or waiver from the RWQCB. The design of the storm water treatment/ control facilities shall demonstrate consistency with the following requirements: a. Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (i.e.: infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a twenty-year, one-hour storm event. b. Runoff shall be directed into an on-site retention / treatment basin utilizing a culvert, depressed swale, and/ or rock lined trench. Surface water shall not drain over sidewalks or adjoining parcels. Facilities shall be designed to direct storm water runoff which exceeds the required capacity into a public storm drainage system contained within the nearest public right-of-way. c. Runoff from structures not directed into a retention / treatment basin shall utilize graveled drip line infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including the twenty-year, one-hour storm event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench(s) of a different dimension is approved by the Town Engineer based upon an engineered drainage analysis. d. Runoff from snow storage areas shall be collected, treated, and contained on-site consistent with the above requirements. The storm water detention infiltration fields shall not be used for snow storage. Snow shall not be placed within any required on- site drainage facility in conflict with the intended function of the facility. (Planning Division) 12. The required comprehensive grading and drainage plan shall include temporary and permanent erosion control methods consistent with the requirements of the Lahontan Regional Water Quality Control Board Truckee River Hydrologic Unit Guidelines for Erosion Control and Best Management Practices and State of California Best Management Practices Handbook prepared by the American Public Works Association Storm Water Task Force, including but not limited to: Temporary a. All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director. b. The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with non-woven filter fabric fence, hay bales, temporary gravel, and/ or earthen or sand bag dikes. c. All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions. Permanent a. All surplus or waste earthen materials shall be removed from the site and deposited in an approved location within 10 days from completion of construction. b. Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen material to any surface water drainage course. c. All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching, and initial fertilizing and watering as needed. d. Before October 15 in any year, permanent and/ or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the above requirements. (Planning Division) 13. Prior to building permit issuance or improvements plan approval all roadway and utility infrastructure shall be designed and approved by the respective responsible agencies or bonded for with the Town of Truckee. All utilities shall be placed underground as part of the project construction. (Engineering Division) 14. Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall provide identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all downstream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20-year, 1-hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. (Engineering Division) 15. Prior to building permit issuance, the applicant shall pay traffic impact fees and facilities impact fees applicable at the time of building permit application. The traffic impact fees will be based upon the latest fee schedule adopted by the Town Council in effect at the time of building permit application. (Engineering Division) 16. Frontage improvements will be required for this project. A minimum ten-foot-wide hard surface multi-purpose trail will be required along the Deerfield Drive project frontage from Dolomite Way to the western property line. The limits of the proposed improvements will be reviewed and approved by the Town Engineer as a part of the improvement plan review prior to building (grading) permit issuance for Phase IV-C. The frontage improvements shall be constructed prior to Final Map recordation of Phase IV-C, prior to construction of the roundabout, or prior to construction of the PC-1 Legacy Trail, whichever is first. Prior to Final Map recordation of Phase IV-C, the applicant is required to offer for dedication to the Town, a trail easement for any portions of the trail which are outside of the Deerfield Drive right-of-way. Prior to Final Map recordation of Phase IV-C, the applicant will be required to enter into a maintenance and hold harmless agreement for frontage improvements installed by all phases of The Boulders Project (Phases I through IV) as approved by the Town Engineer. (Engineering Division) 17. Prior to Final Map recordation of Phase IV-C, the applicant shall submit an BMP operation and maintenance plan to the Town Engineer for review and approval for the maintenance of all permanent and treatment control BMPs installed by all phases of The Boulders Project (Phases I through IV). Such BMPs shall be used only for the purposes of the BMP. The applicant shall submit yearly BMP operation and maintenance certifications to the Engineering Division according to the Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. (Engineering Division) 18. Prior to Final Map recordation of Phase IV-C, all roadway, drainage, frontage and utility improvements shall be constructed and approved by the respective responsible agencies or a financial surety in the amount of 125% of the remaining improvements and a Subdivision Improvement Agreement shall be provided to the satisfaction of the Town Engineer. All utilities shall be placed underground, including the existing aboveground utility lines. The existing utility poles shall be removed following utility undergrounding. (Engineering Division) 19. Prior to issuance of any certificate of occupancy frontage improvements shall be completed in accordance with the improvement plans, or provide a surety equal to 125% of the engineer's estimate to the satisfaction of the Town Engineer. 20. Prior to the issuance of certificate of occupancy, the proposed project shall be required to offer for dedication to the Town of Truckee 20' drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. (Engineering Division) 21. Any construction work associated with the replacement of Town drainage facilities required as part of this project shall comply with the erosion control regulations of Section 18.30.050(C) of the Development Code. The Town Engineer shall verify that temporary and permanent erosion control measures consistent with Section 18.30.050(C), the Regional Water Quality Control Board's Truckee River Hydrologic Unit Project Guidelines for Erosion Control, and the State of California Storm Water Best Management Practices Handbook are incorporated into the project's improvement plans prior to their approval and all work is done in accordance with the approved improvement plans. (Planning and Engineering Divisions) 22. Prior to issuance of any grading or building permits for the project, the applicant shall provide performance guarantees with sufficient legal commitments and financial sureties to guarantee the faithful performance of any and all conditions of approval and completion of the project or to guarantee the restoration of the site if the project is not completed. The form, manner, and amount of the guarantee shall comply with the requirements of the Town Planner and the Town Attorney and shall be reviewed and approved by the Community Development Director prior to issuance of permits. (Development Code Section 18.84.040) 23. The new electrical power lines and other utility lines to serve the subject property shall be under grounded, with the exception of transmission lines, in accordance with the requirements of the Development Code and the Town Engineer. The entirety of this work shall be completed in conjunction with the grading and building permit for the development and shall be included in the engineered improvement plans prepared for this project. (Development Code Section 18.30.160) 24. Sewage facilities shall be reviewed and approved by the Truckee Sanitary District (TSD). Connection fees and service charges will be payable to the TSD and Tahoe-Truckee Sanitation Agency prior to connection to the sewer collection system. (Planning Division) 25. Water, gas and electrical facilities shall be reviewed and approved by the Truckee Donner Public Utility District (TDPUD), Southwest Gas Corporation, and the Sierra Pacific Power Company. Connection fees and service charges will be payable to the aforementioned utility companies prior to connect to the water, gas and/or electrical systems. (Planning Division) 26. The proposed project shall be required to offer for dedication to the Town of Truckee 20' wide drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. drainage paths where the identified drainage paths are contributed to by this project. 27. Frontage improvements shall be completed, or provide a surety equal to 125% of the engineer's estimate to the satisfaction of the Town Engineer, prior to occupancy. drainage paths where the identified drainage paths are contributed to by this project. 28. All roadway and utility infrastructure shall be constructed and approved by the respective responsible agencies or bonded for prior to occupancy. All utilities shall be placed underground. (Engineering Division) 29. Prior to building permit issuance the applicant shall pay traffic impact fees applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of building permit issuance. (Engineering Division) 30. Prior to building permit issuance the applicant shall pay the facilities impact fee applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town council in effect at the time of building permit issuance. drainage paths where the identified drainage paths are contributed to by this project. (Engineering Division) 31. Prior to final map approval, the proposed project shall be required to enter into a maintenance agreement for the roadway and driveway. The agreement shall include a detailed description of how maintenance and snow removal costs are to be shared among the affected property owners. (Engineering Division) Site and Building Design 32. Prior to commencement of any work on the site, the applicant shall obtain a grading permit for the grading of the site and/or building permit(s) to include both grading and construction of the building (s). Complete building plans and engineering in accordance with the Town Building Code will be required for all structures. The building plans shall include details and elevations for all State of California, Title 24, handicap regulations. (Building Division) 33. The final site and building designs for the project shall comply with the site plans and building elevations approved on October 15, 2019 and on file in the Community Development Department and as modified by the conditions of approval. The materials, finishes, and colors as listed on the general exterior finish sheets approved by the Planning Commission and on file in the Community Development Department, shall be the approved materials, finishes and color for the new buildings. For project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Community Development Director may impose additional requirements on the site and building designs to ensure consistency with the Town Design Guidelines. (Planning Division) 34. The applicant is responsible for providing an on-site snow storage area(s) equaling a minimum of 50% of the uncovered paved surfaces of the site. The snow storage area(s) shall be shown on the site plan submitted with the building plans and approved by the Community Development Director and Town Engineer. The snow storage area(s) shall be at least 10 feet wide and 10 feet deep. It shall be accessible, useable, unpaved, and clear of obstacles and not interfere with snow removal and storage operations from the public right- of-way. Snow storage areas are not permitted in water detention/treatment facilities. Designated snow storage areas shall be utilized for the storage of snow as designed. All required parking spaces must be kept clear of snow so they are useable. Snow must be kept on the confines of the property and may not be moved onto or stored on the Town maintained right-of-way or Town snow storage easements unless specifically approved by the Town Engineer/Public Works Director. (Planning Division) 35. The project shall comply with all applicable Truckee Fire Protection District ordinances and requirements as determined by the District Fire Marshall. These ordinances and requirements may include, but not be limited to, installation of fire hydrants, minimum fire flow, automatic sprinkler systems for buildings, driveway and turnaround specifications, fuel clearance, and payment of fire mitigation fees. The mitigation fee shall be paid prior to issuance of a building permit. (Planning Division) 36. Landscaping for the project shall be provided as shown on the approved preliminary landscaping plan. A final landscaping plan shall be prepared and incorporated into the building plans for the project. The Town Planner may require additional landscaping and or screening in order to address unsightly project components such as but not limited to transformers and trash receptacles. Prior to building permit issuance, a final landscaping plan shall be prepared in consistent with the preliminary landscaping plan and the Water Efficient Landscape Ordinance. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall submit documentation of compliance with Development Code Section 18.40.060 (Water Efficient Landscape Ordinance), including all required Water Efficient Landscape Worksheets including Worksheet A (Maximum Allowed Water Allowance) and Worksheet B (Certificate of Completion) for review and approval by the Community Development Director. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall submit to the Planning Division a complete maintenance plan and contract, ensuring proper maintenance of all landscaping and irrigation, to be approved by the Community Development Director. The property owner shall be responsible for maintaining all plantings and irrigation, and in any case where required plantings have not survived, the property owner shall be responsible for replacement with equal or better plant materials. At least one week prior to issuance of a temporary or final certificate of occupancy, the applicant shall request an on-site inspection from the Planning Division for all landscaping and irrigation, and the applicant shall submit a landscape inspection fee in the amount established by the Town Fee Schedule at the time of the request (currently $256). All landscaping shall be installed in accordance with the final landscape plan and these landscape conditions prior to issuance of a temporary certificate of occupancy OR installation of the landscaping shall be guaranteed by a performance guarantee or other acceptable security prior to issuance of a temporary certificate of occupancy and installation shall be completed prior to issuance of a final certificate of occupancy. (Planning Division) 37. Prior to issuance of any improvement plans or grading permit, the applicant shall place tree protection measures, i.e. protective fencing around the trees to be retained. The protective fencing shall be placed around the tree to the drip line. (Planning Division) 38. Prior to the issuance of any building permits, a comprehensive lighting plan shall be submitted to the Community Development Director for review and approval. The lighting plan shall comply with Section 18.30.060 of the Development Code and address street and driveway lighting (if any), parking lot lighting (if any), and all other exterior lighting including lighting on the exterior of structures. The lighting plan shall include all information necessary to demonstrate compliance with Town lighting specifications and all requirements of these conditions of development. All exterior lighting shall comply with the approved lighting plan. (Planning Division) 39. Lighting shall be color corrected, shielded, and directed downward to prevent spill onto adjacent properties or roadways. Lighting intensity shall be the minimum necessary to provide lighting for security and safety purposes. Outdoor light fixtures shall be designed in such a way that no light rays are emitted from the fixture at angles above the horizontal plan. Street and parking lot lighting shall be limited to a maximum height of 20-feet. (Planning Division) 40. Final building plans shall reflect screening of any mechanical equipment, trash containers, and propane tanks (if any). Any mechanical equipment, trash enclosures, and propane tanks (if any) shall be screened from public view. Screening shall be compatible in color with adjacent building materials. All flashing, vents, and gutters shall be painted in a color to blend with adjacent building colors. The trash containers shall be completely screened with the same finish materials and colors as the primary building finish materials. (Planning Division) 41. Prior to issuance of any temporary of final certificates of occupancy, a solid waste storage and removal plan shall be submitted to and approved by the Town Engineer. The Town Engineer shall not approve the solid waste plan unless the Town Engineer finds that sufficient storage area and facilities will be provided for solid waste and recyclable materials. All facilities approved as part of the solid waste storage and removal plan shall be installed prior to issuance of any temporary or final certificates of occupancy. The storage areas shall be accessible to employees and visitors and may be located outside the buildings in an enclosed storage area with Town Planner approval. (Planning Division) 42. The townhome midlevel floor plan, master 1-bedroom emergency egress appears inadequate. At least one window shall have a minimum openable area of 5. 7 square feet. (Building Division) 43. Fourplex ground floor units must be accessible/adaptable. (Building Division) 44. At least one bathroom shall be accessible in ground floor fourplex units in accordance with CBC Tables 1109A.2-1 and 1109A.2-2. The toilet compartment configuration shall accommodate 40-inch-long 2x6 blocking to accommodate future grab bars that will extend a minimum of 26 inches in front of the water closet (CBC 1109A.6). The minimum shower size in an accessible bathroom is 42 x 48 inches, not the 36 x 48 shown (CBC Tables 1109A.2-1 and 2). Provide a minimum of 18 inches on the pull/strike side of the accessible bathroom doors. (Building Division) 45. Doors to various rooms within the ground floor accessible fourplex units shall have a minimum clear opening of 32 inches. (Building Division) 46. Provide a path of travel from all ground floor (accessible) four plex buildings to the public way/public transportation. (Building Division) Noise 47. Hours of operation of construction activities shall be limited from 7 a.m. to 7 p.m. or dusk, whichever occurs first, Monday through Saturday. No construction shall be permitted on Sundays. Interior construction activities may occur after these hours if such activities will not result in exterior noise audible at property lines. Improvement, grading, and building plans shall note these limited hours of construction. (Planning Division) Air Quality 48. Open burning of site-clearing shall be prohibited on the site. Site cleared vegetation shall be treated by other legal means including, but not limited to, chipping, shredding, and grinding. The dust suppression plan shall note how site cleared vegetation will be disposed. (Planning Division) 49. Stockpiles of excavated materials shall be located at least 20 feet from all property lines. The dust suppression plan shall note this requirement. (Planning Division) 50. The project shall comply with Section 18.30.030, Air Emissions, of the Town Development Code, including requirements / restrictions for: a. Dust Suppression Plan b. Timely scheduling and completion c. Operations during high winds d. Limited areas of disturbance e. Dust control f. On-site road watering g. Revegetation h. Best Available Control Measures i. Vehicle exhaust emissions j. Road re-entrained dust (Planning Division) Other Conditions of Approval 51. The applicant shall pay all required impact fees as required by each respective District, including fire, school, and recreation fees. The requirements of the responsible agencies and special districts are contained within the project file and incorporated by reference. Enforcement and clarification to any of these agency/ district requirements and the necessary timing for satisfying these requirements is at the discretion of the respective agency I district. (Planning Division) 52. The garage(s) for each unit shall be kept clear for the parking of vehicles and shall not be used in a manner that would prohibit or restrict the parking of a vehicle in the garage. (Planning Division) 53. If artifacts, paleontological or cultural, or unusual amounts of stone, bone, or shell are uncovered during construction activity, all construction activities shall cease within a 200- foot radius of the find. The Town Planner shall be notified of the find, and an archaeologist shall investigate the find to determine the extent and location of the discovered materials. The archaeologist shall amend the cultural resources evaluation conducted on the site to determine the significance of the discovered materials and to identify mitigation measures to eliminate or reduce any significant effects to a less than significant level in accordance with the CEQA Guidelines. The Town Planner shall require the mitigation measures to be incorporated into the project and to be implemented prior to recommencement of construction activity. Construction shall not recommence until authorized by the Town Planner. (Planning Division) 54. The project shall demonstrate compliance with the requirements of the Kinder Morgan as it relates to the project's construction and the protection of the pipeline. The project shall comply with, including but not limited to, the following: a. At least two weeks prior to the commencement of any work on the subject site, the developer shall notify KM Area Manager, Mr. Girard Gonyeau at (775) 358-6971. b. Pothole the 8-inch pipeline to determine the exact location prior to excavations utilizing power equipment The pothole work shall be performed by hand excavation and in the presence of a KM representative. Backfill around the pipeline shall be sand (or rock free dirt) and shall be hand compacted. c. Obtain an encroachment permit form the office of the California State Fire Marshal for the encroachment of the parking area into and on the pipeline easement and for the residences adjacent to the pipeline easement d. Prior to any grading on the project site, the developer shall provide evidence to the Town Planner of compliance with the requirements of this condition, Kinder Morgan and the California State Fire Marshal. (Planning Division) 55. To ensure consistency with the requirements of the Town of Truckee and the Lahontan Regional Water Quality Control Board (LRWQCB), the applicants shall hire a third party inspector to be on the job site during the project's construction. The inspector shall work with the Town of Truckee and the LRWQCB to ensure that the project site is in compliance with the requirements of the Town of Truckee and the LRWQCB including but not limited to fugitive dust emissions, storm water runoff drainage/sediment control, etc. The on-site inspector shall be hired by The Boulders Condominium developers. (Planning Division) 56. The Boulders shall pay the remaining $62,790.66 of the $100,000 $211,011.75 towards affordable housing requirement over the life of the remaining project [15 units x 15% inclusionary requirement = 2.25 inclusionary units; 2.25 x $93,783 (affordable housing in- lieu fee, Town Council Resolution 2018-76) = $211,011.75]. The cost of the affordable housing shall be distributed equally among the 27 15 remaining units (Buildings 32 and 36 to 43) and shall be paid in accordance with the following schedule: a. Phase IV-C (Buildings 32 and 36 to 43): Upon close of escrow of each unit, 1/43rd 1/15th of the affordable housing fee or $2,325.58 $14,067.45 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $9,302.33 or $2,325.58 $56,269.80 or $14,067.45 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.72 $211,011.75. This payment shall be part of the requirements of the escrow instruction. b. Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division) 57. The Boulders Phase IV-C shall pay the remaining $165,616.11 of its fair share contribution of $263,758.83 for the estimated $1.2 million Deerfield Roundabout subject to the following: a. The fair share contribution was calculated based on the PC-1 Development Agreement. At the roundabout location, the PC-1 project generates 96 PM Peak hour trips and the Boulders Phase IV project generates 27 PM peak hour trips. Therefore the PC-1 project has a 78% fair share amount and the Boulders Phase IV Project has a 22% fair share. The Boulders Phase IV trip generation is calculated based upon 43 multi-family units at a rate of 0.62 PM Peak hour trips per multi- family unit. The cost of the Boulders fair share contribution shall be distributed equally among the 43 remaining units. b. The fair share contribution shall be paid based on the following schedule: i. Phase IV-C (Buildings 32 to 43): Upon close of escrow of each unit, 1/43rd of the Boulders fair share contribution ($6,133.93) shall be paid per unit to the Town. This payment shall be collected per building $24,535.71 ($6,133.93 x 4 units) for each four-plex or $6,133.93 per single-family home. The total amount collected for Phase IV-C shall equal $165,616.11. This payment shall be part of the requirements of the escrow instruction. ii. If construction of the Deerfield roundabout commences prior to completion of all units in Phases IV-A to IV-C, the developers of the Boulders shall pay the remaining amount of the Boulders fair share contribution of $263,758.83 prior to issuance of any further building permits or certificates of occupancy. c. Administrative Costs: For each roundabout fee submitted, a $60 administrative fee shall be collected for Town services. If roundabout fees are paid in combined sums, each combined sum will be required to pay one administrative fee. d. Each fair share contribution payment shall be submitted to the Town for holding to be distributed to the developers of the roundabout at the time of construction or used by the Town to construct the roundabout in the event the Town decides to pursue construction of the roundabout independent of any development projects based on level-of-service needs on Deerfield Drive or as specified in an adopted Capital Improvement Program. e. The applicant may request reimbursement of a fair share portion of the Deerfield roundabout from future discretionary Category 3 and 4 projects (as defined by General Plan Table CIR-6) that add traffic to the Deerfield roundabout. It is the intent of the Town to include language requiring such projects to reimburse The Boulders Phase IV developers for their fair share cost of the roundabout as a part of the future land use conditions of approval; however, it will be the responsibility of the Boulders Phase IV applicants to request that such a condition be placed on future applicable projects prior to project approval provided it is legal and appropriate for the Town review authority to impose such reimbursements. (Planning Division) 58. Final escrow instructions shall be submitted to the Town for review and approval by the Town Attorney prior to issuance of final occupancy of any units in Phase IV-C. (Planning Division) Tentative Map Conditions of Approval 59. The applicant shall submit Final Map check prints, all required information, and applicable fees to the Planning Division for review and approval with each Final Map application. The Final Map shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. (Planning Division) 60. All subphases of Phase IV Final Map shall be consistent with local agency requirements, including the Truckee Donner Public Utility District, Tahoe-Truckee Sanitation Agency, and Truckee Sanitary District. (Planning Division) 61. The applicant shall submit a certified copy of the tax certificate executed by the Nevada County Tax Collector with each Final Map review submittal to the Planning Division. (Planning Division) 62. Wood burning devices shall be prohibited within the subdivision by placing a deed restriction on the title. (Planning Division) 63. A condominium plan as well as CC&Rs shall be filed and recorded concurrently with the recording of the map. The plan shall include, but not be limited to provisions for common maintenance of the driveways, landscaping, and buildings. The plan shall be submitted to the Community Development Director for review and approval prior to recordation of each Final Map. (Development Code Section 18.30.030) RESOLUTION NO. 2019-24 EXHIBIT "D" APPLICATION NO. 2019-00000127 BOULDERS PHASE IV-C RENEWAL (DEVELOPMENT PERMIT, PLANNED DEVELOPMENT AND TENTATIVE MAP EXTENSION) FINDINGS Development Permit and Planned Development 1. The proposed development is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all other applicable provisions of this Development Code, the Municipal Code, and the Public Improvement and Engineering Standards (PIES) relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and carry out the purposes, intent, and requirements of the respective zoning district, including prescribed development standards an applicable design guidelines. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “General Plan and Zoning Consistency” and “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. All conditions of approval applied to the original project have been renewed in this approval ensuring consistency with the Development Code and PIES. The affordable housing fee and roundabout fee, as approved, provides an appropriate public amenity that allows for flexibility in design including a transfer of density, tandem parking, and reduced setbacks. The flexibility in standards allows the multi-family and single-family residential units to be more integrated as a community and allows for more spacing between the units. The affordable housing fee and roundabout fee, as approved, are appropriate public amenities for this project specifically due to the history and the substantial completion of the Boulders Phases I-IV and the need to finish out the project. The affordable housing fee is consistent with the current Development Code. 2. The proposed development is consistent with the General Plan, any applicable Specific Plan, the Trails and Bikeways Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan (TTALUC), and the Particulate Matter Air Quality Management Plan. The applicant intends on completing a project that has substantially been completed. With the proposed project the previously approved land uses for the property or the physical characteristics of the previously approved development would not be change. These prior projects were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and were described by the “General Plan and Zoning Consistency” and “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. The project site is not within any Specific Plan areas; however, the project proposes working with the developers of the Coldstream Specific Plan (PC-1) to contribute a fair share amount to the construction of the Deerfield Roundabout which was a requirement of the PC-1 Development Agreement. The sidewalk/trail will connect the existing trail system in the Boulders to the future trails within the PC-1 development area. The delineation of this trail is consistent with the Trails and Bikeways Master Plan. Additionally, by increasing the width of the proposed Class I sidewalk/trail to 10 feet, the sidewalk/trail will be consistent with the preferred width of the Trails and Bikeways Master Plan and future construction of any trails. The project site is within Zone E of the Truckee Tahoe Airport Land Use Compatibility Plan which does not have any density restriction and requires review only if new development has a height of more than 100 feet. The proposed Project Amendment is in compliance with the TTALUC. The proposed project is consistent with the requirements of the Town of Truckee Air Quality Management Plan. Woodstoves are prohibited in the project site and this Project Amendment does not propose any changes to this requirement. The project will be required to be in compliance with dust suppression methods as set forth in the Conditions of Approval. 3. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. The affordable housing fee and roundabout fee, as approved, provides an appropriate public amenity that allows for flexibility in design including a transfer of density, tandem parking, and reduced setbacks. The flexibility in standards allows the multi-family and single-family residential units to be more integrated as a community and allows for more spacing between the units. The affordable housing fee and roundabout fee, as approved, are appropriate public amenities for this project specifically due to the history and the substantial completion of the Boulders Phases I-IV and the need to finish out the project. The affordable housing fee is consistent with the current Development Code. 4. The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 5. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 6. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 7. The 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. This finding is supported by the discussion contained in the “Environmental Review” section of the Planning Commission staff report dated October 15, 2019. The project was determined to be exempt from CEQA per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8. 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 9. The site for the proposed use is physically suitable for the type and density/intensity of development being proposed, and is 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. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by “Site and Building” sections of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports and the October 15, 2019 meeting minutes. 10. The subject site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 11. 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. The Nevada County Environmental Health Department and Truckee Donner Fire Protection District have reviewed the proposed project and no objections were filed. There is no proposal of the transport, use, and or/disposal of hazardous materials. Tentative Map 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan and/or Master Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards. With the incorporated Conditions of Approval, the proposed project is consistent with the General Plan, the Trails and Bikeways Master Plan, The Truckee Tahoe Airport Land Use Compatibility Plan, and the Particulate Matter Air Quality Management Plan. The proposed subdivision does not fall under the scope of any specific plans. 2. The site is physically suitable for the type and density/intensity of development being proposed. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. 3. 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 the public health and safety. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 4. There is available capacity in community sewer and/or water systems serving the subdivision or the subdivision will be served by on-site septic systems and/or private wells that comply with Nevada County Department of Environmental Health regulations; The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. The Tentative Map remains the same as the original Phase IV Tentative Map. The project is proposed to be on public sewer and water that has adequate capacity. Both the Truckee Sanitary District and the Tahoe Truckee Sanitation Agency were notified of this project and no objections were filed. 5. Distribution and collection facilities for sewer and water and other infrastructure are installed to lot boundaries; and The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10. The Tentative Map remains the same as the original Phase IV Tentative Map. Infrastructure improvements for utilities, including sewer and water, will be required to prior to Final Map recordation of Phase IV-C. 6. Recreation development fees are paid prior to map recordation. The Boulders Phase IV Condition of Approval No. 52 requires that the applicant shall pay all required impact fees are required by each district, including fire, school, and recreation fees. The Tentative Map was reviewed by the Truckee Donner Recreation and Park District and no recreation development fees were required beyond the original conditions. 7. The Tentative Map 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, including fish, wildlife, and their habitat that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted. This finding is supported by the discussion contained in the “Environmental Review” section of the Planning Commission staff report dated October 15, 2019. The project was determined to be exempt from CEQA per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8. The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. 9. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. The proposed Tentative Map is consistent with the previously approved Tentative Map. 10. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board. The proposed project intends on completing a project that has substantially been completed. The proposed project does not change the previously approved land uses for the property or the physical characteristics of the previously approved development that is currently under construction, which were approved in Planning Commission Resolution 2006-12 and amended in Planning Commission Resolution 2015-10 and as described by the “Site and Building Design” section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the “Discussion/Analysis” section of the October 20, 2015 and the October 15, 2019 staff reports. The proposed Tentative Map is consistent with the previously approved Tentative Map. The proposed project shall be in compliance with all Regional Water Quality Control Board and Truckee Sanitary requirements. Attachment 6 Appeal of Boulders Phase IV-C Amendment Link to the July 12, 2006 Planning Commission Staff Report http://laserfiche.townoftruckee.com/WebLink/0/doc/23801/Page1.aspx Town of Truckee California PLANNING COMMISSION RESOLUTION NO. 2006-12 A RESOLUTION OF THE TOWN OF TRUCKEE PLANNING COMMISSION APPROVING APPLICATION NO. 00-021/DP-PD-UP-VTM (THE BOULDERS CONDOMINIUMS PHASE IV) WHEREAS, the Town of Truckee has received an application requesting approval of a development permit, planned development, use permit, and vesting tentative map for The Boulders Condominiums Phase IV project for a 43-unit condominium development located on APN 18-7 40-03 and 18-7 40-24; and WHEREAS, the Planning Commission is responsible for the review and consideration of development permits, planned developments, use permits and vesting tentative maps for projects of more than ten residential units; WHEREAS, the project has been determined to be categorically exempt pursuant to Section 15061 (b) (3) General Rule exemption, of the California Environmental Quality Act; and WHEREAS, a 10-day public review period was provided on the development permit, planned development, use permit and vesting tentative map project to allow interested persons and organizations, and other members of the public to review and comment on the development permit, planned development, use permit, and vesting tentative map; and WHEREAS, a public notice was published in the Sierra Sun and mailed to property owners within 300 feet of the project site informing the public of the date, time, and location of the public hearing for the consideration of the approval or denial of the development permit, planned development, use permit, and vesting tentative map; and WHEREAS, the Planning Commission held a public hearing on the matter at their regularly scheduled Planning Commission meeting beginning and ending on July 12, 2006 and considered all information, and public comment related thereto; THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF TRUCKEE, that the land use application 00-021/DP-PD-UP-VTM (The Boulders Condominiums Phase IV) is hereby approved with the following actions: 1.Determine the project to be categorically exempt from CEQA per section 15061 (b) (3); 2.Approves a planned development for the project as set forth in Exhibit A (Planned Development Provisions) attached hereto and incorporated herein, thereby making modifications to Development Code requirements for this project; 3.Approves the use permit (for the construction of multi-family units in the RS zoning district) and development permit for the project, subject to the conditions of approval set forth in Exhibit B (Use Permit Conditions of Approval) attached hereto and incorporated herein; and 4.Approves the vesting tentative map for the project, subject to the conditions of approval set forth in Exhibit C (Vesting Tentative Map Conditions of Approval) attached hereto and incorporated herein. Attachment 7 Boulders Phase IV-C Amendment Appeal Planning Commission Resolution 2006-12 The Boulders Phase IV Resolution 2006-12 Page 2 BE IT FURTHER RESOLVED, the Planning Commission adopts the findings set forth in Exhibits B (Findings), in support of the approval of the development permit, planned development, use permit and vesting tenta tive map. PASSED AND ADOPTED by the Town of Truckee Planning Commission on this 12th day of July, 2006 by the following vote: AYES: NOES: Riley, Butler, Johnston, Olsen None. ABSENT: None. Town of Truckee Planning Commission Chair ATTEST: �CAii.a o ,, Donna Chase, Secretary Attachments: Exhibit A -Planned Development Exhibit B -Use PermiUDevelopment Permit Conditions of Approval Exhibit C -Vesting Tentative Map Conditions of Approval Exhibit D -Findings The Boulders Phase IV Resolution 2006-12 Page 3 EXHIBIT "A" APPLICATION NO. 00-021/DP -PD -UP -VTM THE BOULDERS CONDOMINIUMS PHASE IV PLANNED DEVELOPMENT 1.The following modifications to the Development Code are hereby approved for Application No. 00-021, commonly referred to as The Boulders Condominiums. If conflicts occur between there requirements of the Development Code and the requirements of the Planned Development, the requirements of the Planned Devel opment shall control. This Planned Development shall apply to Application No. 00-02, and the approval of this Planned Development shall expire if the use permit and development permit for Ap plication No. 00-021 expire. 2.The maximum density on APN 18-740-03 and 18-740-24 shall be 43 equivalent dwelling units as calculated in accordance with Section 18.80.050(6) of the Development Code. 3.The minimum side yard setback for Buildings 36 through 42, as shown on the approved site plans dated March 13, 2006 on file in the Community Development Department shall be a minimum 20-feet. 4.The off-street parking requireme nts of Chapter 18.48 of the Development Code are modified as follows: a.A minimum of 62 parking spaces shall be provided on-site within Phase IV. Of these 62 parking spaces, a minimum of 102 spaces, of Phase IV, shall be guest spaces that by their design and location are available to all guests at all times. b.Tandem parking spaces in front of the garages for the single family residences, duplexes, and multi-family units may be allowed to satisfy the on-site parking requirements. These tandem spaces shall not be allowed to satisfy the guest parking requirements. The Boulders Phase IV Resolution 2006-12 Page4 EXHIBIT "B" APPLICATION NO. 00-021/DP -PD -UP-VTM THE BOULDERS CONDOMINIUMS PHASE IV USE PERMIT/ DEVELOPMENT PERMIT CONDITI ONS OF APPROVAL General Conditions of Approval 1.The development permit and use permit are approved for the construction of Phase IV of The Boulders Condominiums, a 43-unit multi-family residential development as shown on the site plan, elevations, floor plans, and vesting tentative map approved on July 12, 2006 and on file in the Community Development Department except as modified by these conditions of approval. The Town Planner may authorize minor changes and alterations to the approved plans and conditions of approval in accordance with Section 18.84.070 (B) (1) of the Development Code. Major changes and alterations to the approved plans and conditions of approval shall be reviewed and approved by the Planning Commission in accordance with Section 18.84.070 (B)(2) of the Development Code. The applicant is responsible for complying with all conditions of approval and providing evidence to the Town Planner of compliance with the conditions. The project shall comply with the time limits established by Chapter 18.84 of the Development Code. (Development Code) 2.The effective date of approval shall be July 22, 2006, unless the approval is appealed to the Town Council. In accordance with Section 18.84.050 of the Development Code, the approval of the Development Permit and Use Permit shall be valid for 24 months after its ef fective date. At the end of that time, the approval shall expire and become null and void unless the time limits of the development permit are extended per sections 18.84.050.C of the Development Code. (Planning Division) 3.The Town Planner may authorize minor alterations to the approved plans and conditions of approval in accordance with Section 18.84.070.B.1 of the Development Code. Major changes and alterations to the approved plans and conditions of approval shall be reviewed and approved by the Town Council in accordance with Section 19.84.070.B.2 of the Development Code. (Planning Division) 4.Except as modified by the specific provisions and conditions of approval of Exhibits A and B of this Resolution, the project at each phase shall comply with all applicable provisions and standards of the 2000 Development Code, including, but not limited to the following: •General Development Standards as contained in Table 2-4 including site coverage, setbacks, and height limits; •Air Emissions in accordance with Section 18.30.030; •Bicycle Parking and Support Facilities in accordance with Section 18.48.090; •Building height in ac cordance with Section 18.30.090 and Section 18.46.070; •Drainage and storm water runoff in accordance with Section 18.30.050; •Exterior lighting in accordance with Section 18.30.060; •Fences and walls in accordance with Sections 18.30.070 and 18.30.11 0(c); •Snow Storage in accordance with Section 18.30.130; •Solid Waste and recyclable materials storage; •Open Space in ac co rdance within Chapter 18.46; The Boulders Phase IV Resolution 2006-12 Page 5 •Parking in accor dance with Chapter 18.48, except as modified by the Planned Developm ent. The provision and standards of the 2003 Development Code that shall be applied to this project shall be those provision and standards in effect on August 4, 2003. (Planning Division) 5.Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this determination shall be permitted, authorized, or commenced until all outstanding fees are paid to the Town. (Planning Division) 6.The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town Council, which action is brought within the time period provided for by State law. (Planning Division, Town Attorney) 7.The developer shall construct and offer three moderate-income residential units, in perpetuity, and two lower-income residential units, in perpetuity, within Phase IV of The Boulders Condominiums, subject to the following criteria: a.Housing units targeted for persons and families of moderate and low income shall be made available at a sales price calculated by utilizing the following guidelines: i.The monthly housing cost shall not exceed 32% of 120% for moderate income, or 32% of 80% for low income, of the Nevada County area median income based on a household size of four; ii.Monthly housing cost shall include loan payment, homeowner association dues, and basic utilities (sewer, water, electric, natural gas, trash removal); iii.The loan payment of principal and interest shall be calculated using a fixed interest rate based on home mortgage interest rates in effect at the time of determining the sales price, a 30-year term, and a down payment of 20%. b.If housing units targeted for persons and families of low income are rented, the units shall be rented to lower income households and the rental costs shall not exceed 32% of 80% of the Nevada County area median income based on a household size of four with adjustments that subtract costs for basic utilities (sewer, water, electric, natural gas, trash removal) not covered in the rent payment. c.The Developer shall offer 5 affordable housing units, in perpetuity, at the issuance of a Certificate of Occupancy for the initial 12 units within Phase IV of the project. No further building permits will be issued until the condition has been complied with. d.The affordable housing criteria shall be consistent with Town adopted criteria and restrictions at the time of Final Map recordation. If no criteria area established, then criteria shall be established by the Town Planner and approved by the Planning Commission. In either case, the criteria shall include provisions that in the event that affordable units do not sell to qualified buyers within a reasonable time period that either the Town or designee will purchase the units at the affordable prices or the units will be sold at market price without restrictions and the proceeds will be shared between the Town and the Development in a manner to be agreed upon. A minimum of three units shall be made available for moderate­ income buyers and two units available for low-income buyers and/or renters which shall be defined based on Nevada County Housing and Community Services data in effect at the time of building permit issuance. •The property owner shall prepare a legal agreement(s) and/or modify the existing affordable housing agreement demonstrating compliance with the requirements of this condition and the Town of Truckee requirements for affordable housing developments and submit the agreement to The Boulders Phase IV Resolution 2006-12 Page 6 the Town Attorney and Town Planner for review and approval. The agreement shall include but not be limited to, all requirements of the Town Attorney and Town Planner. The agreement shall be approved by the Town Planner and shall be executed by the property owner prior to the issuance of any temporary certificates of occupancy or any other approval for occupancy of the buildings or recordation of the final map. Grading, Drainage. Street and Infrastructure Improvements 8.Prior to grading permit issuance or improvement plan approval, the project proponents shall provide a drainage report in accordance with the Town of Truckee Public Improvement and Engineering Standards including identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all down stream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigat ions are proposed to provide for the increase in flows. (Engineering Division) 9.All graded areas shall be prot ected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Town Engineer. Permanent erosion control measures in accordance with Best Management Practices of the "Project Guidelines for Erosion Control for the Truckee River Hydrologic Unit" as adopted by the Lahontan Regional Water Quality Control Board shall be required. (Section 18.36.040[FJ 5 Development Code) 10.In conjunction with the grading plan, a dust suppression plan shall be prepared in accordance with Section 18.30.030 (A) of the Development Code. The plan shall incorporate all requirements of Section 18.30.030 (A) and include specific measures to control fugitive dust emissions. (Section 18.30.030{A} Development Code) 11.The applicant shall prepare and submit a comprehensive grading, erosion, and drainage plan to the Planning Division and RWQCB and obtain the appropriate permit or waiver from the RWQCB. The design of the storm water treatment/ control facilities shall demonstrate consistency with the following requirements: 1.Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (i.e.: infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a twenty-year, one-hour storm event. 2.Runoff shall be directed into an on-site retention / treatment basin utilizing a culvert, depressed swale, and/ or rock lined trench. Surface water shall not drain over sidewalks or adjoining parcels. Facilities shall be designed to direct storm water runoff which exceeds the required capacity into a public storm drainage system contained within the nearest public right-of-way. 3.Runoff from structures not directed into a retention / treatment basin shall utilize graveled drip line infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including the twenty-year, one-hour storm event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench(s) of a different dimension is approved by the Town Engineer based upon an engineered drainage analysis. The Boulders Phase IV Resolution 2006-12 Page 7 4.Runoff from snow storage areas shall be collected, treated, and contained on-site consistent with the above requirements. The storm water detention infiltration fields shall not be used for snow storage. Snow shall not be placed within any required on-site drainage facility in conflict with the intended function of the facility. (Planning Division) 11.The required comprehensive grading and drainage plan shall include temporary and permanent erosion control methods consistent with the requirements of the Lahontan Regional Water Quality Control Board Truckee River Hydrologic Unit Guidelines for Erosion Control and Best Management Practices and State of California Best Management Practices Handbook prepared by the American Public Works Association Storm Water Task Force, including but not limited to: Temporary a.All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director. b.The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with non-woven filter fabric fence, hay bales, temporary gravel, and/ or earthen or sand bag dikes. c.All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions. Permanent a.All surplus or waste earthen materials shall be removed from the site and deposited in an approved location within 10 days from completion of construction. b.Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen material to any surface water drainage course. c.All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching, and initial fertilizing and watering as needed. d.Before October 15 in any year, permanent and/ or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the above requirements. (Planning Division) 12.Prior to building permit issuance or improvements plan approval all roadway and utility infrastructure shall be designed and approved by the respective responsible agencies or bonded for with the Town of Truckee. All utilities shall be placed underground as part of the project construction. (Engineering Division) 13.Prior to issuance of any certificate of occupancy frontage improvements shall be completed in accordance with the improvement plans, or provide a surety equal to 125% of the engineer's estimate to the satisfaction of the Town Engineer. (Engineering Division) 15.Prior to the issuance of certificate of occupancy, the proposed project shall be required to offer for dedication to the Town of Truckee 20' drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. (Engineering Division) 16.Prior to building permit issuance, the applicant shall pay the facilities impact fee applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the The Boulders Phase IV Resolution 2006-12 Page 8 Town Council in effect at the time of building permit issuance. (Engineering & Planning Divisions) 17.Prior to building permit issuance or improvement plan approval, the applicant shall pay traffic impact fees applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of building permit issuance. (Engineering Division) 18.Any construction work associated with the replacement of Town drainage facilities required as part of this project shall comply with the erosion control regulations of Section 18.30.050(C) of the Development Code. The Town Engineer shall verify that temporary and permanent erosion control measures consistent with Section 18.30.050(C), the Regional Water Quality Control Board's Truckee River Hydrologic Unit Project Guidelines for Erosion Control, and the State of California Storm water Best Management Practices Handbook are incorporated into the project's improvement plans prior to their approval and all work is done in accordance with the approved improvement plans. (Planning and Engineering Divisions) 19.Prior to issuance of any grading or building permits for the project, the applicant shall provide performance guarantees with sufficient legal commitments and financial sureties to guarantee the faithful performan ce of any and all conditions of approval and completion of the project or to guarantee the restoration of the site if the project is not completed. The form, manner, and amount of the guarantee shall comply with the requirements of the Town Planner and the Town Attorney and shall be reviewed and approved by the Community Development Director prior to issuance of permits. (Development Code Section 18.84.040 20.The new electrical power lines and other utility lines to serve the subject property shall be under grounded, with the exception of transmission lines, in accordance with the requirements of the Development Code and the Town Engineer. The entirety of this work shall be completed in conjunction with the grading and building permit for the development and shall be included in the engineered improvement plans prepared for this project. (Development Code Section 18.30.160) 21.Sewage facilities shall be reviewed and approved by the Truckee Sanitary District (TSO). Connection fees and service charges will be payable to the TSO and Tahoe-Truckee Sanitation Agency prior to connection to the sewer collection system. (Planning Division) 22.Water, gas and electrical facilities shall be reviewed and approved by the Truckee Donner Public Utility District (TDPUD), Southwest Gas Corporation, and the Sierra Pacific Power Company. Connection fees and service charges will be payable to the aforementioned utility companies prior to connect to the water, gas and/or electrical systems. (Planning Division) Engineering Department Requirements 23.Prior to building permit issuance or improvement plan approval, the project proponents shall be required to prepare and deliver three sets of improvement plans to the project planner at 1 "=20', or 1"=30', or 1"=40' on 24"x36" plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work both in and out of the proposed public rights-of way easements, and private roadways. The plans shall be prepared in accordance with the Town of Truckee Public Improvement and Engineering Standards dated May 2003, and stamped a civil engineer registered in the State of California. The plans at a minimum, shall incorporate proposed grades, a minimum 40' wide public utility easement and road easement, as well as proposed methods by which to accommodate utilities, drainage, driveway design, curb and gutter, roadways, parking, snow storage, erosion control, as shown on the tentative map and incorporate cost estimates for all work The Boulders Phase IV Resolution 2006-12 Page 9 to be performed. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan approval. Public improvement plan check fees and inspection fees are calculated using the estimated construction costs. The plan check fee is equal to the following formula; based upon the estimated construction costs: 3% of valuation from $0 to $20,000 1.5% of valuation from $20,000 to $100,000 1 % of valuation above $100,000 The inspection fee is also based upon the estimated construction costs based upon the following formula: 4% of valuation from $0 to $20,000 3% of valuation from $20,000 to $100,000 1.5% of valuation above $100,000 24.Prior to building permit issuance or improvement plan approval, the project proponents shall provide a drainage report in accordance with the Town of Truckee Public Improvement and Engineering Standards including identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all down stream properties as well as drainage courses before and after the proposed development for the 10 year and 100 year flows. The project proponents shall provide a method in which to treat the 20 year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project stormwater flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. 25.Offsite frontage improvements for this project are required. These improvements will include but may not be limited to: a.Design and construction of a roundabout and realignment of Deerfield Drive to connect with the roundabout within the street right-of-way previously offered for dedication to encompass improvements as determined by the Town Engineer. 26.The proposed project shall be required to offer for dedication to the Town of Truckee 20' wide drainage easements centered along all drainage paths where the identified drainage paths are contributed to by this project. 27.Frontage improvements shall be completed, or provide a surety equal to 125% of the engineer's estimate to the satisfaction of the Town Engineer, prior to occupancy. 28.All roadway and utility infrastructure shall be constructed and approved by the respective responsible agencies or bonded for prior to occupancy. All utilities shall be placed underground. 29.Prior to building permit issuance the applicant shall pay traffic impact fees applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of building permit issuance. 30.Prior to building permit issuance the applicant shall pay the facilities impact fee applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town council in effect at the time of building permit issuance. 31.Prior to final map approval, the proposed project shall be required to enter into a maintenance agreement for the roadway and driveway. The agreement shall include a detailed description of how maintenance and snow removal costs are to be shared among the affected property owners. The Boulders Phase IV Resolution 2006-12 Page 10 Site and Building Design 32.Prior to commencement of any work on the site, the applicant shall obtain a grading permit for the grading of the site and/or building permit(s) to include both grading and construction of the building (s). Complete building plans and engineering in accordance with the Town Building Code will be required for all structures. The building plans shall include details and elevations for all State of California, Title 24, handicap regulations. (Building Division) 33.The final site and building designs for the project shall comply with the site plans and building elevations approved on June 14, 2006 and on file in the Community Development Department and as modified by the conditions of approval. The materials, finishes, and colors as listed on the general exterior finish sheets approved by the Planning Commission and on file in the Community Development Department, shall be the approved materials, finishes and color for the new buildings. For project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Town Planner may impose additional requirements on the site and building designs to ensur e consistency with the Town Design Guidelines. (Planning Division) 34.The applicant is responsible for providing an on-site snow storage area(s) equaling a minimum of 50% of the uncovered paved surfaces of the site. The snow storage area(s) shall be shown on the site plan submitted with the building plans and approved by the Town Planner and Town Engineer. The snow storage area(s) shall be at least 10 feet wide and 10 feet deep. It shall be accessible, useable, unpaved, and clear of obstacles and not interfere with snow removal and storage operations from the public right-of-way. Snow storage areas are not permitted in water detention/treatment facilities. Designated snow storage areas shall be utilized for the storage of snow as designed. All required parking spaces must be kept clear of snow so they are useable. Snow must be kept on the confines of the property and may not be moved onto or stored on the Town maintained right-of-way or Town snow storage easements unless specifically approved by the Town Engineer/Public Works Director. (Planning Division) 35.The project sha ll comply with all applicable Truckee Fire Protection District ordinances and requirements as determined by the District Fire Marshall. These ordinances and requirements may include, but not be limited to, installation of fire hydrants, minimum fire flow, automatic sprinkler systems for buildings, driveway and turnaround specifications, fuel clearance, and payment of fire mitigation fees. The mitigation fee shall be paid prior to issuance of a building permit. (Planning Division) 36.Landscaping for the project shall be provided as shown on the approved preliminary landscaping plan. A final landscaping plan shall be prepared and incorporated into the building plans for the project. The Town Planner may require additional landscaping and or screening in order to address unsightly project components such as but not limited to transformers and trash receptacles. (Planning Division) 37.Prior to issuance of temporary and/or final certificate of occupancy, the applicant shall request an on­ site landscaping inspection from the Planning Division and submit a landscape inspection fee in the amount established by the Town Fee Schedule. All landscaping shall be installed in accordance with the approved landscape plan and these landscape conditions prior to issuance of a temporary certificate of occupancy OR installation of the landscaping shall be guaranteed by a performance guarantee or other acceptable security prior to the issuance of a temporary certificate of occupancy and installation shall be completed prior to the issuance of a final certificate of occupancy. (Planning Division) The Boulders Phase IV Resolution 2006-12 Page 11 38.The applicant shall submit to the Planning Division a complete maintenance contract providing for proper maintenance of all landscaping and irrigation. The property owner shall maintain all plantings and irrigation, and in any case where required plantings have not survived, the property owner shall be responsible for replacement with equal or better plant materials. (Planning Division) 39.Prior to issuance of any improvement plans or grading permit, the applicant shall place tree protection measures, i.e. protective fencing around the trees to be retained. The protective fencing shall be placed around the tree to the drip line. (Planning Division) 40.Prior to the issuance of any building permits, a comprehensive lighting plan shall be submitted to the Town Planner for review and approval. The lighting plan shall comply with Section 18.30.060 of the Development Code and address street and driveway lighting (if any), parking lot lighting (if any), and all other exterior lighting including lighting on the exterior of structures. The lighting plan shall include all information necessary to demonstrate compliance with Town lighting specifications and all requirements of these conditions of development. All exterior lighting shall comply with the approved lighting plan. (Section 18.30.060 Development Code) 41.Lighting shall be color corrected, shielded, and directed downward to prevent spill onto adjacent properties or roadways. Lighting intensity shall be the minimum necessary to provide lighting for security and safety purposes. Outdoor light fixtures shall be designed in such a way that no light rays are emitted from the fixture at angles above the horizontal plan. Street and parking lot lighting shall be limited to a maximum height of 20-feet. (Section 18.30.060 Development Code) 42.Final building plans shall reflect screening of any mechanical equipment, trash containers, and propane tanks (if any). Any mechanical equipment, trash enclosures, and propane tanks (if any) shall be screened from public view. Screening shall be compatible in color with adjacent building materials. All flashing, vents, and gutters shall be painted in a color to blend with adjacent building colors. The trash containers shall be completely scr eened with the same finish materials and colors as the primary building finish materials. (Planning Division) 43.Prior to issuance of any temporary of final certificates of occupancy, a solid waste storage and removal plan shall be submitted to and approved by the Town Engineer. The Town Engineer shall not approve the solid waste plan unless the Town Engineer finds that sufficient storage area and facilities will be provided for solid waste and recyclable materials. All facilities approved as part of the solid waste storage and removal plan shall be installed prior to issuance of any temporary or final certificates of occupancy. The storage areas shall be accessible to employees and visitors and may be located outside the buildings in an enclosed storage area with Town Planner approval. (Section 18.30.150 Development Code) 44.The townhome midlevel floor plan, master 1 bedroom emergency egress appears inadequate. At least one window shall have a minimum openable area of 5. 7 square feet (California Building Code section 310.4 ). 45.Four plex ground floor units must be accessible/adaptable (CBC 1103A.1.1 ). 46.At least one bathroom shall be accessible in ground fioor four plex units in accordance with CBC Tables 1109A.2-1 and 1109A.2-2. The toilet compartment configuration shall accommodate 40 inch long 2x6 blocking to accommodate future grab bars that will extend a minimum of 26 inches in front of the water closet (CBC 1109A.6). The minimum shower size in an accessible bathroom is 42 x 48 inches, not the 36 x 48 shown (CBC Tables 110 9A.2-1 and 2). Provide a minimum of 18 inches on the pull/strike side of the accessible bathroom doors (CBC 1120A.2.4.3). 4 7. Doors to various rooms within the ground floor accessible four plex units shall have a minimum clear The Boulders Phase IV Resolution 2006-12 Page 12 opening of 32 inches (CBC 1109A.1 ). 48.Provide a path of travel from all ground floor (accessible) four plex buildings to the public way/public transportation (CBC 1107.2.1). 49.Provide swimming pool barriers in accordance with CBC Appendix Chapter 4, section 419 Noise 50.Hours of operation of construction activities shall be limited from 7 a.m. to 7 p.m. or dusk, whichever occurs first, Monday through Saturday. No construction shall be permitted on Sundays. Interior construction activities may occur after these hours if such activities will not result in exterior noise audible at property lines. Improvement, grading, and building plans shall note these limited hours of construction. ( Planning Division) Air Quality 51.Open burning of site-clearing sh all be prohibited on the site. Site cleared vegetation shall be treated by other legal means including, but not limited to, chipping, shredding, and grinding. The dust suppression pl an shall note how site cleared vegetation will be disposed. (Planning Division) 52.Stockpiles of excavated material s shall be located at least 20 feet from all property lines. The dust suppression plan shall note this requirement. (Planning Division) 53.Prior to the issuance of any type of certificate of occupancy for the project, the developer shall either prohibit the use of woodstoves within the development by placing a deed restriction on the title, or pay a set fee to be determined by the Town Council resolution to the Air Quality Mitigation fund to allow for EPA-ce rtified woodst oves within the project in order to ensure no net increase in particulate matter from entering the Truckee air basin. (Planning Division) 54.The project shall comply with Section 18.30.030, Air Emissions, of the Town Development Code, including requirements / restrictions for: a.Dust Suppression Plan b.Timely scheduling and completion c.Operations during high winds d. Limited areas of disturbance e.Dust control f.On-site road watering g.Revegetation h.Best Available Control Measures i.Vehicle exhaust emissions j.Road re-entrained dust (Planning Division) Other Conditions of Approval 55.The applicant shall pay all required impact fees as required by each respective District, including fire, school, and recreation fees. The requirements of the responsible agencies and special districts are contained within the project file and incorporated by reference. Enforcement and clarification to any of these agency/ district requir ements and the necessary timing for satisfying these requirements is at the discretion of the respective agency I district. The Boulders Phase IV Resolution 2006-12 Page 13 (Planning Division) 56.Prior to building permit issuance the applicant shall pay the facilities impact fee applicable at the time of building permit issuance. The fee shall be based on the latest fee sched ule adopted by the Town council in effect at the time of building permit issuance. (Planning Division) 57.The garage(s) for each unit shall be kept clear for the parking of vehicles and shall not be used in a manner that would prohibit or restrict the parking of a vehicle in the garage. (Planning Division) 58.If artifacts, paleontological or cultural, or unusual amounts of stone, bone, or shell are uncovered during construction activity, all construction activities shall cease within a 200-foot radius of the find. The Town Planner shall be notified of the find, and an archaeologist shall investigate the find to determine the extent and location of the discovered materials. The archaeologist shall amend the cultural resources evaluation conducted on the site to determine the significance of the discovered materials and to identify mitigation measures to eliminate or reduce any significant effects to a less than significant level in accordance with the CEQA Guidelines. The Town Planner shall require the mitigation measures to be incorporated into the project and to be implemented prior to recommencement of construction activity. Construction shall not recommence until authorized by the Town Planner. (Planning Division) 59.The project shall demonstrate compliance with the requirements of the Kinder Morgan as it relates to the project's construction and the protection of the pipeline. The project shall comply with, including but not limited to, the following: a.At least two weeks prior to the commencement of any work on the subject site, the developer shall notify KM Area Manager, Mr. Girard Gonyeau at (775) 358-6971. b.Pothole the 8-inch pipeline to determine the exact location prior to excavations utilizing power equipment The pothole work shall be performed by hand excavation and in the presence of a KM representative. Backfill around the pipeline shall be sand (or rock free dirt) and shall be hand compacted. c.Obtain an encroachment permit form the office of the California State Fire Marshal for the encroachment of the parking area into and on the pipeline easement and for the residences adjacent to the pipeline easement d.Prior to any grading on the project site, the developer shall provide evidence to the Town Planner of compliance with the requirements of this condition, Kinder Morgan and the California State Fire Marshal. (Planning Division) 60.To ensure consistency with the requirements of the Town of Truckee and the Lahontan Regional Water Quality Control Board (LRWQCB), the applicants shall hire a third party inspector to be on the job site during the project's construction. The inspector shall work with the Town of Truckee and the LRWQCB to ensure that the project site is in compliance with the requirements of the Town of Truckee and the LRWQCB including but not limited to fugitive dust emissions, storm water runoff drainage/sediment control, etc. The on-site inspector shall be hired by The Boulders Condominium developers. (Planning Division) The Boulders Phase IV Resolution 2006-12 Page 14 EXHIBIT "C" APPLICATION NO. 00-021 THE BOULDERS CONDOMINIUMS PHASE IV VESTING TENTATIVE MAP CONDITIONS OF APPROVAL 1.The vesting tentative map is approved for a common interest division of a 5.02-acre parcel into a maximum of 43 condominium units and common area parcels as shown on the vesting tentative map approved on July 12, 2006 and on file in the Community Development Department except as modified by these conditions of approval and the provisions and conditions set forth in Exhibits A and B of this resolution. The single family residences may be created as townhouse units rather than as condominium units. 2.The applicant shall submit final map check prints, all required information, and applicable fees to the Planning Division for review and approval of the final map(s). The final map(s) shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. The final map shall be recorded within 24 months of the date of approval, otherwise the approval of the vesting tentative map shall become null and void unless an extension of time is granted by the Planning Commission in accordance with Article V of the Development Code. The applicant is responsible for complying with all conditions of approval and providing evidence to the Planning Division of compliance with the conditions. The final map shall comply with all applicable requirements of the planned development, use permit, and development permit as set forth in Exhibits A and B of this resolution. 3.A condominium plan shall be filed and recorded concurrently with the recordation of the final map. The plan shall include, but not be limited to, provisions for common maintenance of parking areas, landscaping, and buildings. The plan shall comply with all applicable requirements of the planned development, use permit, and development permit as set forth in Exhibits A and B of this resolution and shall be reviewed and approved by the Town Planner prior to recordation of the final map. 4.Prior to recordation of the final map, all buildings within that phase of the final map shall receive a "rough frame" inspection approval by the Chief Building Official. As an alternative, an agreement with sufficient legal commitments and/or financial sureties may be executed between the Town and the applicant to ensure completion of all buildings. The agreement shall be prepared by the applicant in accordance with the requirements of the Town Planner and Town Attorney and shall be reviewed, approved, and executed by the Community Development Director prior to recordation of the final map. The Boulders Phase IV Resolution 2006-12 Page 15 EXHIBIT "D" APPLICATION NO. 00-021 THE BOULDERS CONDOMINIUMS PHASE IV FINDINGS 1.The proposed development is allowed within the subject zoning district and generally complies with all applicable provisions of the Development Code, Town Municipal 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. (Development Permit, Use Permit) This finding is supported by the discussion contained in the "General Plan and Zoning Consistency'" and "Site and Building" sections of the Commission staff report dated July 12, 2006. 2.The proposed development is consistent with the General Plan, any applicable Specific Plan, the draft Trails Master Plan, and the Particulate Matter Air Quality Management Plan. (Development Permit, Use Permit) The proposed development is consistent with the General Plan as described within the "General Plan" discussion section of the Comm ission staff reports dated July 12, 2006. There is no specific plan applicable to the project proposal. Bikeways and Trails Master Plan A Class I multi-purpose trail is proposed to be constructed within the 20-foot pedestrian access easement and trail appurtenant to the Boulders Phase IV parallel to Deerfield Drive. The project was reviewed to determine if there is a reasonable probability that the project will be consistent with the Master Plan. No inconsistencies with the Truckee Trails and Bikeways Master Plan will be created as a result of the project. Air Quality Plan The proposed project is consistent with the requirements of the Town of Truckee Air Quality Management Plan. To ensure the project continues to be consistent with the requirements of the Air Quality Management Plan, staff is recommending a condition of approval requiring that a deed restriction be filed with the Nevada County Recorders Office proh ibiting the use of woodstoves or pay a set fee to the Air Quality Mitigation fund to allow for EPA-certified woodstoves within the project. The con dition will ensure that there are no inconsistencies with the Particular Matter Air Quality will be created as a result of the project. 3.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 integ rity and character of existing and/or future land uses in the vicinity. (Development Permit, Use Permit) This finding is supported by the discussion contained in the "Site and Building Design" section of the Commission staff report dated July 12, 2006 prepared for the project. The Boulders Phase IV Resolution 2006-12 Page 16 4.The land use approval are 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. (Development Permit, Use Permit, Lot Line Adjustment) This finding is discussed and supported by the discussion contained within the "Environmental Review" section of the Commission staff report dated July 12, 2006. The project was determined to be Categorically Exempt from the Guidelines per Section 15061 (b) (3) General Rule Exemption. 5.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. (Development Permit, Use Permit) There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services for the buildings and the proposed uses. The distrib ution and collection facilities and other infrastructure have been installed at the time of the original development of the surrounding buildings and are in operation and the Phase IV of The Boulder Condominiums will not affect those services. 6.The subject site is physically suitable for the type and density/intensity of development being proposed, and 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. (Development Permit, Use Permit) The project complies with all ap plicable provisions of the Development Code except where noted in the Commission staff report dated July 12, 2006. The reduction of the side yard setback and modification of the parking standards will not adversely affect the project or surrounding properties as supported by the discussion in the "Site and Building Design" section of the staff report. 7.The subject site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. (Development Permit, Use Permit) The Town Engineer reviewed the project proposal and determined that Deerfield Drive is adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed deve lopment. Furthermore, with the construction of the roundabout the project will further be consistent with this finding. 8.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. (Development Permit, Use Permit) The Nevada County Department of Environmental Health and the Truckee Fire Protection The Boulders Phase IV Resolution 2006-12 Page 17 District had no objections to the project proposal and determined that with the incorporation of their conditions, the pro ject will be consistent with their applicable regulations. There is no proposal of the transport, use and/or disposal of hazardous materials. 9.The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity. (Use Permit) This finding is supported by the discussion contained in the "Discussion and Analysis" section of the Commission staff report dated July 12, 2006. 10.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. (Development Permit, Use Permit) This finding is supported by the discussion contained in the "Site and Building Design" section of the Commission staff report dated July 12 , 2006. 11.The proposed development would produce a comprehensive development of superior quality than which might otherwise occur from the strict application of the provisions and standards identified in this Development Code. This finding is supported by the discussion contained in the "Site and Building Design" section of the Comm ission staff report dated July 12, 2006. 12.The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards. This finding is supported by the discussion contained in the "Gene ral Plan and Zoning Consistency" and "Site and Building Design" sections of the Commission staff report dated July 12, 2006. 13.The proposed subdivision, together with the provIsIons for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternative easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. Easements on the property were identified through a preliminary title report prepared for the project site. The public access easement on the property and public utility easements on the property will not be unduly interfered with by the project's improvements. The existing 16.5' gas pipe line easement will not be impacted by the project's development. The project has been conditioned to further ensure that during construction the easement and gas line is protected and will not be impacted. 14.The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water The Boulders Phase IV Resolution 2006-12 Page 18 Quality Control Board. The project will be required to comply with the requirements of the Lahontan Regional Water Quality Control Board (LRWQCB). The LRWQCB did not object to the project proposal. The LRWQCB concluded that the project will be subject to the requirements of the LRWQCB and will be required to obtain approvals from the LRWQCB prior to any grading or development of the project. 15.The purpose of the dedications and exactions required by the review authority for the proposed subdivision have been identified, and there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. The dedication for the Deerfeld Drive roundabout is being offered by the applicant as part of the planned development for the project. Any other dedications or exactions that may be required will be for utility lines or frontage improvements necessary to serve the project. Attachment 8 Appeal of Boulders Phase IV-C Amendment Link to the July 12, 2006 2006 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/24537/Page1.aspx Attachment 9 Appeal of Boulders Phase IV-C Amendment Link to October 20, 2015 Planning Commission Staff Report http://laserfiche.townoftruckee.com/WebLink/0/doc/59150967/Page1.aspx Attachment 10 Appeal of Boulders Phase IV-C Amendment Link to October 20, 2015 Planning Commission Minutes http://laserfiche.townoftruckee.com/weblink/0/doc/59188898/Page1.aspx   PC Resolution No. 2015-10 Town of Truckee California. PLANNING COMMISSION RESOLUTION NO. 2015-10 A RESOLUTION OF THE TOWN OF TRUCKEE PLANNING COMMISSION APPROVING APPLICATION NO. 2015-000000043 (BOULDERS PHASE IV PROJECT AMENDMENT AND TENTATIVE MAP) WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2001-01 approving the Boulders Phases 1-111 Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for a 180-unit condominium development on February 14,2001;and WHEREAS, the Town of Truckee Planning Commission adopted Resolution No. 2006-12 approving the Boulders Phase IV Planned Development Use Permit, Development Permit, and Vesting Tentative Map Planned Development for an additional 31 units (43 total units) on July 12, 2006;and WHEREAS, the Town of Truckee has received an application requesting amendments to the BouldenfPliase IV Conditions of Approval and Tentative Map; and WHEREAS, the Planning Commission was the original review authority for the project and is responsible for the review and consideration of major changes to the project which involve a feature of the project that was a basis for conditions of approval for the project that was a specific consideration by the review authority in taking action in the approval of the permit; and WHEREAS, a 10-day public review period was provided to allow Federal, State, and local agencies, interested persons and organization, and other members of the public to review and comment on the project; and WHEREAS, public notice was published in the Sierra Sun and mailed to property owners within 500 feet of the project site informing the public of the date, time, and location of the public hearing for consideration of the approval or denial of the Project Amendment and Tentative Map; and WHEREAS, the Planning Commission held a public hearing on the matter at their regularly scheduled Planning Commission meeting beginning and ending on October 20, 2015, and considered all information and public comment related thereto; THEREFORE BE IT RESOLVED, the Planning Commission hereby takes the following actions on Application 2015-00000043/AMD-TM (The Boulders Phase IV Project Amendment and Tentative Map): 1.Approves the Boulders Phase IV Project Amendment, amending the following Conditions of Approval as follows: a.Amend Condition of Approval #7 of Resolution No. 2006-12, modifying the affordable housing requirement to eliminate the construction and dedication of three moderate-income residential units and two lower-income units (5 units total) in perpetuity within The Boulders Phase IV; and requiring payment of a $100,000 inclusionary housing fee per the payment schedule as set forth in "Exhibit B" Page 1 of 12 Attachment 11 Boulders Phase IV-C Amendment Appeal Planning Commission Resolution 2015-10 attached hereto and referenced herein; b.Amend Condition of Approval #25 of Resolution No. 2006-12, eliminating construction of a roundabout on Deerfield Drive; and requiring payment of a fair share contribution towards roundabout construction per the payment schedule, as set forth in "Exhibit B" attached hereto and incorporated herein; c.Amend Condition of Approval #12 of Resolution No. 2001-01, extending the remaining construction completion timeline for the remaining 300 foot trail/sidewalk to prior to Temporary or Final Certificate of Occupancy for any of the residential units in Phase IV-C as set forth in Exhibit "B" (Conditions of Approval) attached hereto and incorporated herein; and 2.Approves a Tentative Map to create three sub-phases within Phase IV (Phases IV-A, IV-B, and IV-C), subject to the conditions of approval set forth in Exhibit "B" (Conditions of Approval), as shown in Exhibit "A" attached hereto and incorporated herein. 3.Determines the project exempt from further environmental review in accordance with Section 15061 (b )(3) of the California Environmental Quality Act Guidelines. BE IT FURTHER RESOLVED, the Planning Commission adopts the findings set forth in Exhibit "C" (Findings), in support of approval of these actions. The foregoing Resolution was introduced by Chair Kielas and seconded by Commission Member Bullock at a Regular Meeting of the Truckee Planning Commission held on the 20th day of October 2015 and adopted by the following vote: AYES: Chair Kielas, Commissioner Bullock, Commissioner Ramos, Commissioner Tirman NOES: None. ABSENT: Vice Chair Beckman ATTEST: Attachments: Exhibit A -Tentative Map Exhibit B -Conditions of Approval Exhibit C -Findings SJM: Town of Truckee Planning Commission 4: I RESOLUTION NO. 2015-10 EX/SllNG PROPFJITY UNE (TYP,l � -- -- - - -- J:�fil!llJ' .:A:'------------------ APPLICATION NO. 2015-000000043 BOU7Rb�r'A�N77 r� = €) I I 0 15 30 ? 60 \ i ( IN FEET)> 1 inch•;· I I I I I I I I I I I I I I I I �B: I THE BOULDERS II CONDOMINIUMS PHASE IV I I I I I I I I I I I I DEERFIELD DRIVE TRUCKEE, CA TOWN OF TRUCKEE 18-7 40-40-000 GARY DAVIS GROUP DESIGN AND ENGINEERING / I I ; I ' post office box 7409 i tahoe city,_ ca ,96145 tel 530.583.9222 fax 530.5�3.92941 garydavisgroup.com \i " •• I .1 I ------------- lt:suff and RIMUCll"I• Dote ISSII• ii: Rniaion ,,□ � I I\ -11--------------1 PHASING PLAN· I. PHASE IV-A: IJ./PROVDIENTS ASSOCtA TEO 1111H 8UILO/NGS #25 ANO #27. 2. PHASE IV-8: IJ./PROVDIENTS ASSOC/A TEO 1111H BVILOINGS #29 ANO #JI . .l PHASE IV-C: IJ./PROVDIENTS ASSOC/A TED 1111H BVILOINGS #J2-µJ, OE:TcNllON PONO, ANO CLASS I TRAIL (FRONTAGE: II.IPROVDIENT}. 4. ROUNOABOUT PFJI OCT. 2015 PROJECT AJ./ENOJ./ENT. \/. 5 1---------------1 O\ecbd By Oient lnfomialG'I Project N1,1mber n, Plot Dote Exh. 1 RESOLUTION NO. 2015-10 EXHIBIT "B" APPLICATION NO. 2015-000000043 BOULDERS PHASE IV PROJECT AMENDMENT AND TENTATIVE MAP CONDITIONS OF APPROVAL General Conditions of Approval 1.. A ProjectAmendment to the Boulders Phase IV Planned Development, Use Permit, and Development Permit and new Phase IV Tentative Map with fem-three new phases are hereby approved, as detailed on the Tentative Map prepared by Gary Davis Group and dated October 13, 2015 and in the October 20, 2015 Planning Commission staff report on file in the Community Development Department. The applicant is responsible for complying with all conditions of approval and providing evidence to the Town Planner of compliance with each condition. (Planning Division) 2.The effective date approval shall be November 2, 2015, unless the approval is appealed to the Town Council by 5:00 pm on October 30, 2015. In accordance with Section 18.84.050 of the Development Code, the approval of the Project Amendment shall be valid for 24 months after its effective date. At the end of that time, the Project Amendment approval shall expire and become null and void unless the time limits of the land use permit is extended per Section 18.84.055 of the Development Code. The phased Tentative Map shall be valid until October 20, 2019. At the end of that time, the Tentative Map shall expire and become null and void unless the time limits of the Tentative Map is extended per Section 18.96.150 of the Development Code and/or per any state-mandated extensions. Building permits for the Boulders Phase IV may be extended based on the policies and standards of the Town of Truckee Building Division. (Planning Division) 3.The Town Planner may authorize minor alterations to the approved plans and conditions of approval in accordance with Sections 18.84.070.B.1 and 18.96.100.A.1 of the Development Code only if the Town Planner finds such changes and alterations to be in substantial compliance with the approved project. For minor project modifications and design elements not addressed by the Planning Commission in their design approval of the project, the Town Planner may impose additional requirements on the project to ensure consistency with the Town Development Code. Major changes and alterations to the approved plans and conditions of approval shall be reviewed and approved by the Planning Commission in accordance with Sections 18.84.070.B.2 and 18.96.1 00.A.2of the Development Code. (Planning Division) 4.Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this determination shall be permitted, authorized, or commenced until all outstanding fees are paid to the Town. (Planning Division) 5.The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town Council, which action is brought within the time period provided for by State law. (Planning Division, Town Attorney) Tentative Map Conditions of Approval 6.All requirements of the Conditions of Approval from the original approval and Phase IV approval shall be met except as modified by this Project Amendment. (Planning Division) 7.The applicant shall submit Final Map check prints, all required information, and applicable fees to the Planning Division for review and approval with each Final Map application. The Final Map shall be prepared by a licensed land surveyor or engineer in accordance with the Subdivision Map Act and Town Subdivision Ordinance. (Planning Division) 8.All subphases of Phase IV Final Map shall be consistent with local agency requirements, including the Truckee Donner Public Utility District, Tahoe-Truckee Sanitation Agency, and Truckee Sanitary District. (Planning Division) 9.The applicant shall submit a certified copy of the tax certificate executed by the Nevada County Tax Collector with each Final Map review submittal to the Planning Division. (Planning Division) 10.Wood burning devices shall be prohibited within the subdivision by placing a deed restriction on the title. (Planning Division) 11.A condominium plan as well as CC&Rs shall be filed and recorded concurrently with the recording of the map. The plan shall include, but not be limited to provisions for common maintenance of the driveways, landscaping, and buildings. The plan shall be submitted to the Town Planner for review and approval prior to recordation of each Final Map. (Development Code Section 18.30.030) Project Amendment Conditions of Approval 12.The Boulders shall pay a total of $100,000 to meet the affordable housing requirement over the life of the remaining project. The cost of the affordable housing shall be distributed equally among the 43 remaining units and shall be paid in accordance with the following schedule: a.Phase IV-A (Buildings 25 and 27): Upon close of escrow of each unit, 1143rd of the affordable housing fee or $2,325.58 shall be paid to the Town. This payment shall be part of the requirements of the escrow instruction. The total amount collected for Phase IV-A shall be $18,604.64. b.Phase IV-B (Buildings 29 and 31): Prior to temporary or final occupancy, 1143rd of the affordable housing fee or $2,325.58 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of $9,302.33. The total amount collected for Phase IV-B shall be $18,604.64. c. Phase IV-C (Buildings 32 to 43): Prior to building permit issuance temporary or final occupancy. 1143rd of the affordable housing fee or $2,325.58 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined <=!mount of $9,302.33 or $2,325.58 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.66. d.Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2015-12. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division) 13.The Boulders shall pay its fair share contribution of $263,758.83 for the estimated $1.2 million Deerfield Roundabout subject to the following: a.The fair share contribution was calculated based on the PC-1 Development Agreement. At the roundabout location, the PC-1 project generates 96 PM Peak hour trips and the Boulders Phase IV project generates 27 PM peak hour trips. Therefore the PC-1 project has a 78% fair share amount and the Boulders Phase IV Project has a 22% fair share. The Boulders Phase IV trip generation is calculated based upon 43 multi-family units at a rate of 0.62 PM Peak hour trips per multi­ family unit. The cost of the Boulders fair share contribution shall be distributed equally among the 43 remaining units. b.The fair share contribution shall be paid based on the following schedule: i.Phase IV-A (Buildings 25 and 27): Upon close of escrow of each unit, 1143rd of the Boulders fair share contribution ($6,133.93) shall be paid per unit to the Town. This payment shall be part of the requirements of the escrow instruction. The total amount collected for Phase IV-A shall equal $49,071.44. ii.Phase IV-B (Buildings 29 and 31): Prior to temporary or final occupancy of the building, 1143rd of the Boulders fair share contribution ($6,133.93) shall be paid per unit to the Town. This payment shall be collected per four-plex building for a combined amount of $24,535.71 ($6,133.93 x 4 units). The total amount collected for Phase IV-B shall equal $49,071.44. iii.Phase IV-C (Buildings 34 to 43): Prior to building permit issuance temporary or final occupancy of the building. 1143rd of the Boulders fair share contribution ($6,133.93) shall be paid per unit to the Town. This payment shall be collected per building $24,535.71 ($6,133.93 x 4 units) for each four-plex or $6,133.93 per single-family home. The total amount collected for Phase IV-C shall equal $165,616.11. iv.If construction of the Deerfield roundabout commences prior to completion of all units in Phases IV-A to IV-C, the developers of the Boulders shall pay the remaining amount of the Boulders fair share contribution of $263,758.83 prior to issuance of any further building permits or certificates of occupancy. c.Administrative Costs: For each roundabout fee submitted, a $60 administrative fee shall be collected for Town services. If roundabout fees are paid in combined sums, each combined sum will be required to pay one administrative fee. d.Each fair share contribution payment shall be submitted to the Town for holding to be distributed to the developers of _the roundabout at the time of construction or used by the Town to construct the roundabout in the event the Town decides to pursue construction of the roundabout independent of any development projects based on level-of-service needs on Deerfield Drive or as specified in an adopted Capital Improvement Program. e.If the developers of the Boulders and the developers of Coldstream (PC-1) agree upon a different amount for the cost of the roundabout within one year of this project approval, the agreement shall be submitted to the Town in writing with the agreed upon cost estimate. The amount paid for the roundabout up until the submittal of the agreement will be subtracted from the agreed upon cost estimate, and the remaining amount shall be distributed among the remaining units/buildings left to be constructed. f.The applicant may request reimbursement of a fair share portion of the Deerfield roundabout from future discretionary Category 3 and 4 projects (as defined by General Plan Table CIR-6) that add traffic to the Deerfield roundabout. It is the intent of the Town to include language requiring such projects to reimburse The Boulders Phase IV developers for their fair share cost of the roundabout as a part of the future land use conditions of approval; however, it will be the responsibility of the Boulders Phase IV applicants to request that such a condition be placed on future applicable projects prior to project approval provided it is legal and appropriate for the Town review authority to impose such reimbursements. (Planning Division) 14.Final escrow instructions shall be submitted to the Town for review and approval by the Town Attorney prior to issuance of final occupancy of any units in Phase IV-A. (Planning Division) Engineering Division Conditions of Approval 15.Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall be required to prepare and deliver two sets of improvement plans to the project planner at 1 "=20', 1 "=30', or 1 "=40' on 24"x36" plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work both in and out of the proposed public right-of way, easements and private roadways. The plans shall be prepared in accordance with the Town of Truckee Public Improvement and Engineering Standards dated May 2003 and shall comply with the design standards identified in Section E.1 O and E.12 of Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. The plans at a minimum shall incorporate proposed grades, drainage, driveway design and erosion control and incorporate cost estimates for all work to be performed. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan approval. Public improvement· plan check fees and inspection fees are calculated using the estimated construction costs. The plan check fee is equal to the following formula based upon the estimated construction costs: 5% of valuation from $0 to $50,000 3% of valuation from $50,000 to $250,000 1 % of valuation above $250,000 The inspection fee, due prior to start of construction, is equal to the following formula based upon the estimated construction costs: 6% of valuation from $0 to $50,000 4% of valuation from $50,000 to $250,000 1.5% of valuation above $250,000 (Engineering Division) 16.Prior to building (grading) permit issuance for Phase IV-C, the project proponents shall provide identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all downstream properties as well as drainage courses before and after the proposed development for the 1 O year and 100 year flows. The project proponents shall provide a method in which to treat the 20-year, 1-hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project storm water flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. (Engineering) 17.Prior to building permit issuance, the applicant shall pay traffic impact fees and facilities impact fees applicable at the time of building permit application. The traffic impact fees will be based upon the latest fee schedule adopted by the Town Council in effect at the time of building permit application. (Engineering Division) 18.Frontage improvements will be required for this project. A minimum ten foot wide hard surface multi-purpose trail will be required along the Deerfield Drive project frontage from Dolomite Way to the western property line. The limits of the proposed improvements will be reviewed and approved by the Town Engineer as a part of the improvement plan review prior to building (grading) permit issuance for Phase IV-C. The frontage improvements shall be constructed prior to Final Map recordation of Phase IV-C, prior to construction of . the roundabout, or prior to construction of the PC-1 Legacy Trail, whichever is first. Prior to Final Map recordation of Phase IV-C, the applicant is required to offer for dedication to the Town, a trail easement for any portions of the trail which are outside of the Deerfield Drive right-of-way. Prior to Final Map recordation of Phase IV-C, the applicant will be required to enter into a maintenance and hold harmless agreement for frontage improvements installed by all phases of The Boulders Project (Phases I through IV) as approved by the Town Engineer. (Engineering Division) 19.Prior to Final Map recordation of Phase IV-C, the applicant shall submit an BMP operation and maintenance plan to the Town Engineer for review and approval for the maintenance of all permanent and treatment control BMPs installed by all phases of The Boulders Project (Phases I through IV). Such BMPs shall be used only for the purposes of the BMP. The applicant shall submit yearly BMP operation and maintenance certifications to the Engineering Division according to the Water Quality Order No. 2013-0001-DWQ NPDES General Permit No. CAS000004 or the most current Phase 2 Municipal Separate Storm Sewer System (MS4) Permit. (Engineering Division) 20.Prior to Final Map recordation of Phase IV-C, all roadway, drainage, frontage and utility improvements shall be constructed and approved by the respective responsible agencies or a financial surety in the amount of 125% of the remaining improvements and a Subdivision Improvement Agreement shall be provided to the satisfaction of the Town Engineer. All utilities shall be placed underground, including the existing aboveground utility lines. The existing utility poles shall be removed following utility undergrounding. (Engineering Division) RESOLUTION NO. 2015-10 EXHIBIT "C" APPLICATION NO. 2015-000000043 BOULDERS PHASE IV PROJECT AMENDMENT AND TENTATIVE MAP FINDINGS Project Amendment (Use Permit, Development Permit, and Planned Development) 1.The proposed development is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all other applicable provisions of this Development Code, the Municipal Code, and the Public Improvement and Engineering Standards (PIES) relating to both on-and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and carry out the purposes, intent, and requirements of the respective zoning district, including prescribed development standards an applicable design guidelines. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described by the "General Plan and Zoning Consistency" and "Site and Building" sections of the July 12, 2006 Commission staff report. All conditions of approval applied to the original project remain in affect further ensuring consistency with the Development Code and PIES. 2.The proposed development is consistent with the General Plan, any applicable Specific Plan, the Trails and Bikeways Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan (TTALUC), and the Particulate Matter Air Quality Management Plan. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described by the "General Plan and Zoning Consistency" and "Site and Building" sections of the July 12, 2006 Commission staff report. The project site is not within any Specific Plan areas; however, the Project Amendment proposes working with the developers of the Coldstream Specific Plan (PC-1) to contribute a fair share amount to the construction of the Deerfield Roundabout which was a requirement of the PC-1 Development Agreement. The sidewalk/trail will connect the existing trail system in the Boulders to the future trails within the PC-1 development area. The delineation of this trail is consistent with the Trails and Bikeways Master Plan. Additionally, by increasing the width of the proposed Class I sidewalk/trail to 1 0 feet, the sidewalk/trail will be consistent with the preferred width of the Trails and Bikeways Master Plan and future construction of any trails. The project site is within Zone E of the Truckee Tahoe Airport Land Use Compatibility Plan which does not have any density restriction and requires review only if new development has a height of more than 100 feet. The proposed Project Amendment is in compliance with the TTALUC. The proposed project is consistent with the requirements of the Town of Truckee Air Quality Management Plan. Woodstoves are already prohibited in the project site and this Project Amendment does not propose any changes to this requirement. The project will be required to be in compliance with dust suppression methods as set forth in the Conditions of Approval of Commission Resolution 2006-12. 3.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. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described in the "Site and Building Design" section of the July 12, 2006 Commission staff report. Additional support for this finding is described in the "Discussion/Analysis" section of the October 20, 2015 staff report. 4.The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the development, which were approved in Planning Commission Resolution 2006-12 and as described in the "Site and Building Design" section of the July 12, 2006 Commission staff report. 5.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. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described in the "Site and Building Design" section of the July 12, 2006 Commission staff report. 6.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. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as.described in the "Site and Building Design" section of the July 12, 2006 Commission staff report. 7.The 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. This finding is supported by the discussion contained in the "Environmental Review" section of the Planning Commission staff report dated October 20, 2015. The project was determined to be exempt from CEQA per Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8.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. The proposed Project Amendment does not change the approved land uses for the property, the density/intensity, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 9.The site for the proposed use is physically suitable for the type and density/intensity of development being proposed, and is 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. The proposed Project Amendment does not change the approved land uses for the property, the density/intensity, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described in the "Site . and Building Design" section of the July 12, 2006 Commission staff report. 10.The subject site is served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. The proposed Project Amendment does not change the approved land uses for the property, the density/intensity, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. 11.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. The Nevada County Environmental Health Department and Truckee Donner Fire Protection District have reviewed the proposed project and no objections were filed. There is no proposal of the transport, use, and or/disposal of hazardous materials. Tentative Map 1.The proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan and/or Master Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards. With the incorporated Conditions of Approval, the proposed Project Amendment is consistent with the General Plan, the Trails and Bikeways Master Plan, The Truckee Tahoe . Airport Land Use Compatibility Plan, and the Particulate Matter Air Quality Management Plan. The proposed subdivision does not fall under the scope of any specific plans. 2.The site is physically suitable for the type and density/intensity of development being proposed. The proposed Project Amendment does not change the approved land uses for the property, the density/intensity, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. 3.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 the public health and safety. The proposed Project Amendment does not · change the approved land uses for the property, the density/intensity, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. With the incorporated Conditions of Approval, there are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services. Both the Truckee Fire District and Truckee Donner Public Utility District required that all infrastructure improvements be completed prior to Final Map recordation of Phase IV-C to ensure adequate service of water and emergency vehicle access. 4.There is available capacity in community sewer and/or water systems serving the subdivision or the subdivision will be served by on-site septic systems and/or private wells that comply with Nevada County Department of Environmental Health regulations; The proposed Project Amendment does not change the approved land uses for the property, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. Aside from the incorporated sub-phases, the Tentative Map will remain the same as the original Phase IV Tentative Map. 5.Distribution and collection facilities for sewer and water and other infrastructure are installed to lot boundaries; and The proposed Project Amendment does not change the approved land uses for the property, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. Aside from the incorporated sub-phases, the Tentative Map will remain the same as the original Phase IV Tentative Map. Infrastructure improvements for utilities, including sewer and water, will be required to prior to Final Map recordation of Phase IV-C. 6.Recreation development fees are paid prior to map recordation. The Boulders Phase IV Condition of Approval No. 55 requires that the applicant shall pay all required impact fees are required by each district, including fire, school, and recreation fees. The Tentative Map was reviewed by the Truckee Donner Recreation and Park District and no recreation development fees were required beyond the original conditions. 7.The Tentative Map 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, including fish, wildlife, and their habitat that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted. This finding is supported by the discussion contained in the "Environmental Review" section of the Planning Commission staff report dated October 20, 2015. The project was determined to be exempt from CEQA per Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) which applies to project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 8.The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located. The proposed Project Amendment does not change the approved land uses for the property or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12 and as described in the "Site and Building Design" section of the July 12, 2006 Commission staff report. 9.The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. The proposed Project Amendment does not change the approved land uses for the property, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. Aside from the incorporated sub-phases, the ·Tentative Map will remain the same as the original Phase IV Tentative Map. 10.The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board. The proposed Project Amendment does not change the approved land uses for the property, or the physical characteristics of the approved development, which were approved in Planning Commission Resolution 2006-12. Aside from the incorporated sub-phases, the Tentative Map will remain the same as the original Phase IV Tentative Map. The proposed project shall be in compliance with all Regional Water Quality Control Board and Truckee Sanitary requirements. Specifics of the Appeal The appellants submitted an appeal of the Commission’s approval of the Boulders Phase IV Project Amendment on October 25, 2019. The appellants’ submittal outlines their position on the Boulders Phase IV-C project and contends that Condition of Approval No. 56 of Planning Commission Resolution 2019-24 (Town Council Resolution 2019-69 Condition of Approval No. 53) should not have been approved by the Planning Commission. The appellant is requesting that the Town Council (1) grant the requested appeal, (2) find that the Boulders Phase IV Development Permit, Planned Development, and Phase IV Vesting Tentative Map have not expired and remain in effect, (3) set-aside the Additional Fee Condition; and (4) instead adopt the amended condition offered by Appellant and recommended by Staff in its October 15, 2019 Staff Report to the Planning Commission as follows: 56. The Boulders shall pay the remaining $62,790.66 of the $100,000 affordable housing requirement over the life of the remaining project. The cost of the affordable housing shall be distributed equally among the 27 remaining units and shall be paid in accordance with the following schedule: a.Phase IV-C (Buildings 32 to 43): Upon close of escrow of each unit, 1/43rd of the affordable housing fee or $2,325.58 for each unit shall be paid to the Town. The payment shall be collected per four-plex building for a combined amount of$9,302.33 or $2,325.58 for each single-family residence. The total amount collected for Phase IV-C shall be $62,790.72. This payment shall be part of the requirements of the escrow instruction. b. Administrative Costs: For each affordable housing fee submitted, a $60 administrative fee shall be collected for Town services, as required by Town Council Resolution 2018-76. If affordable housing fees are paid in combined sums, each combined sum will be required to pay one administrative fee. (Planning Division Recommendation) Below is an overview of each of the appellants’ contentions and a staff response to each: In 2015, the appellants applied to amend its vesting tentative map to allow for phasing of the Phase IV development. While the appellants did submit a request to extend the existing Phase IV Tentative Map in 2015, the request was submitted after the Vesting Tentative Map expired. Therefore, the 2015 approval included an approval for a new Tentative Map. The vested rights from the 2006 approval were no longer in effect and a new Vesting Tentative Map was not requested or approved. Therefore, the rights provided a Vesting Tentative Map are not in effect. The Development Permit and Planned Development are not expired. As described in the staff report, staff believes that the Development Permit and Planned Development are not expired. Staff does not believe that the duration of these approvals is at issue in this appeal. The Tentative Map is not expired and is in effect until December 26, 2020. Attachment 12 Boulders Phase IV-C Amendment Appeal Specifics of the Appeal - Response As described in the staff report, staff agrees that the Tentative Map is not expired and is in effect until December 26, 2020.  This appeal is also made on the following non-inclusive grounds (“Additional Fee Condition” refers to Planning Commission Resolution 2019-24 Condition No. 56): - The Additional Fee Condition is an abuse of discretion, arbitrary, capricious, and lacking in evidentiary support, and the Planning Commission failed to follow the procedure and give the notices required by law; The Planning Commission’s review was based on the current Development Code requirements and the adopted Town Council affordable housing in-lieu fee. The Town provided adequate public notice, as required by State law and the Town’s Development Code. The public hearing notice was published in the Sierra Sun on October 4, 2019 and mailed on October 1, 2019 to all affected property owners within 500 feet of the project site, as shown on the latest current tax roll of Nevada County. - The Additional Fee Condition violates the Subdivision Map Act (Government Code § 66410 et seq.) ("Map Act"); Staff does not believe that the condition violates the Subdivision Map Act. As stated within this staff report, a Vesting Tentative Map is not in effect and the appellants requested a discretionary amendment to a previously approved condition of approval. The Planning Commission reviewed the requested amendment under the requirements of the current Development Code. - The Additional Fee Condition violates the Housing Accountability Act (Government Code § 65589.5); Staff does not believe that the Additional Fee Condition violates the Housing Accountability Act. The appellants have not provided adequate information to address this concern. - The Additional Fee Condition violates Government Code§ 65961, which prevents the Town from imposing new conditions on any permit after approval of a tentative map if the condition could lawfully have been imposed as a condition to the previously approved tentative map; The appellants requested a discretionary amendment to a previously approved condition of approval for a Planned Development. In requesting this amendment, the appellants requested that the Planning Commission review the project for consistency with current standards. The Planning Commission could (and did) impose a condition in connection with the discretionary amendment. - The Town is prohibited from adding new conditions to a tentative map when acting on an application for extension of the map. (El Patio v. Permanent Rent Control Bd. (1980) 110 Cal.App.3d 915; Truckee Development Code§ 18.84.055.A.5 ("On Tentative Map extensions, the review authority shall either approve, without new conditions, or deny the extension."). As agreed to by staff and the appellants, a map extension was not required. - The Phase IV vesting tentative map remains in effect, and the Additional Fee Condition violates Appellant's statutory vested rights. While the appellants did submit a request to extend the existing Phase IV Tentative Map in 2015, the request was submitted after the Vesting Tentative Map expired. Therefore, the 2015 approval included an approval for a new Tentative Map. The vested rights from the 2006 approval were no longer in effect and a new Vesting Tentative Map was not requested or approved. Therefore, the rights provided a Vesting Tentative Map are not in effect. The 2015 Tentative Map is in effect, with no vested rights. - Findings required under Government Code § 66498.1 (c), required to condition an extension of a vesting tentative map, were not validly adopted by the Planning Commission. As stated above, a vesting tentative map is not in effect. - The Town cannot impose development fees in excess of those in effect at time vesting tentative map application was deemed complete. (Kaufman & Broad Cent. Valley, Inc. v. City of Modesto (1994) 25 Cal.App.4th 1577.) As stated above, a vesting tentative map is not in effect. To the extent the Additional Fee Condition applies to any units for which Appellant has already been issued building permits, it violates Appellant's common law vested rights. (Avco Community Developers, Inc. v. South Coast Reg'/ Comm'n (1976) 17 Cal.3d 785, 791; Toigo v. Town of Ross (1998) 70 Cal.App.4th 309.) The three buildings with issued building permits (Buildings 33, 34, and 35) were excluded under the project description and are not subject to the Additional Fee Condition. - The development permit and planned development permit remain in effect under Truckee Development Code § 18.84.050.B.3. and Government Code§§ 66452.12 and 65863.9. As stated above, staff believes that the Development Permit and Planned Development are not expired. Staff does not believe that the duration of these approvals is at issue in this appeal. - The vesting tentative map, development permit, and planned development have been extended under Government Code§ 66452.6(a), allowing for phasing of tentative maps. Staff does not believe that the Development Permit, Planned Development, or 2015 Tentative Map are expired. Staff does not believe that the duration of these approvals is at issue in this appeal. However, as stated within this staff report, staff does not believe the Vesting Tentative Map is in effect. - Equitable principles, including estoppel, nullify the Additional Fee Condition. The appellant has provided no explanation or support for this argument, which appears to be baseless. - The Additional Fee Condition violates Appellant's substantive and procedural due process rights (U.S. Const. amend XIV, §1; Cal. Const. art. 1, §7); The appellant has provided no explanation or support for this argument, which appears to be baseless. - The Additional Fee Condition singles Appellant out for disparate treatment without any rational basis and in a wholly arbitrary manner in violation of the constitutional guarantees of equal protection under the law (U.S. Const. amend. XIV; Cal. Const. art. 1, §7); The Planning Commission found that the previously imposed affordable housing fee was not consistent with the requirements of the Planned Development. The Planning Commission believed that the project should provide at least the minimum 15% inclusionary housing requirement required for all new projects under the current Development Code. Since the Planned Development requires a mandatory feature such as deed restricting 25% of the residential units for affordable housing or a substantial public amenity, the Planning Commission believed that Condition No. 56, as amended, is more consistent with the requirements of the Development Code. Flexibility was granted to the appellant by not requiring the appellant to fully meet the mandatory feature requirements due to the history of the project and the substantial completion of the Boulders project as a whole. The affordable housing in-lieu fee used as the basis for Condition No. 56 is consistent with the Town Council’s currently adopted affordable housing in- lieu fee. - The Additional Fee Condition constitutes a taking of Appellant's property rights (U.S. Const. amend. V; Cal. Const. art. 1, § 19); The appellant has provided no explanation or support for this argument, which appears to be baseless. - The Additional Fee Condition is inconsistent with and violates the Town's Development Code.  The appellant has provided no explanation or support for this argument, which appears to be baseless. The Planning Commission found that the previously imposed affordable housing fee was not consistent with the requirements of the Planned Development. The Planning Commission believed that the project should provide at least the minimum 15% inclusionary housing requirement required for all new projects under the current Development Code. Since the Planned Development requires a mandatory feature such as deed restricting 25% of the residential units for affordable housing or a substantial public amenity, the Planning Commission believed that Condition No. 56, as amended, is more consistent with the requirements of the Development Code. In general, actual affordable housing units or physical improvements are required. However, flexibility was granted to the appellant by not requiring the appellant to fully meet the mandatory feature requirements due to the history of the project and the substantial completion of the Boulders project as a whole. The affordable housing in-lieu fee used as the basis for Condition No. 56 is consistent with the Town Council’s currently adopted affordable housing in-lieu fee. Mr. John McLaughlin Community Development Director Town of Truckee 10183 Truckee Airport Road Truckee, CA 96161 Dolomite Land Co., LLC P.O. Box 5838 Tahoe City, CA 96145 April 13, 2015 Re: The Boulders, Truckee, CA Dear Mr. McLaughlin: As you recall when we last met, I requested relief from the moderate income housing requirements for four moderate income units in The Boulders Phase 4. You indicated you would support this request because as a whole, The Boulders has met its 15% affordability requirements for the project. I'm not sure of the proper procedure, but if it is appropriate, would you please put this matter on the calendar for an upcoming Planning Commission meeting. Thank you for your consideration. {00511899.DOCX I } David M. Gardner Manager Dolomite Land Co., LLC Attachment 13 Boulders Phase IV-C Amendment Appeal April 13, 2015 Initial Project Request GARY DAVIS GROUP DESIGN AND ENGINEERING #1345.70 September 1, 2015 Truckee Community Development Director John McLaughlin Yµmie Dahn, Planner Town of Truckee Re: Justification for the Boulders' Project Amendment Application The Boulders subdivision, consisting of 211 affordably priced residential units, was approved by the Town of Truckee in 2001. Sales of units went moderately well for several years, 32 residential units (15%) were deed restricted for affordable housing, and all in all the Boulders, with relatively low margins, was successful. All of that changed in 2007 /2008 when the economy seriously declined. The Boulders suffered dramatically, worse than most developments because of the low margins selling low-priced units, which was further compromised when many affordable housing buyers lost their units or sold their units as short sales, which unfortunately compounded the Boulders already-declining price points for its market rate units. All of which is to say the Boulders barely stayed out of bankruptcy. A portion of the Boulders raw land was sold at a very low price to pay debt service, but has since been repurchased at a higher price; however, the Boulders is still afloat. Again, the Boulders is at a tipping point. It will meet all of its obligations to the Town; however, the Boulders needs modest concessions to defer payments so construction can continue, which will allow renewed financing, so the Boulders can be built out. The Boulders comes to the Planning Commission proud of its achievements and its commitments to the community. Its affordably priced units have become homes with memories for over 100 happy buyers, but the Boulders needs some relief, thus this Application for a Project Amendment. The Boulders requests help in the following four areas: 1.Tentative Map Extension for the Deadline to Record the Final Map for Phase IV. The Boulders has run up against a deadline to record its final map for Phase IV, which is {00539724.DOCX I } post office box 7 409 to hoe city, co 96145 530.583. 9222 fox 583. 9294 gorydovisgr oup.com rce 34540 Attachment 14 Boulders Phase IV-C Amendment Appeal September 1, 2015 request to extend Tentative Map Page 12 September 1, 2015 necessary to close escrow on Phase IV units. The deadline runs on September 17, 2015 unless an extension application is filed before that date. The Developer understands that given state laws allowing the extension of tentative maps and the Town's own Development Code Section 18.96.150, et seq., allowing additional map extensions, four more years for filing the Phase IV final map are allowed under current law. The Boulders is requesting a four year extension from September 17, 2015. This area of the law is within the Town Attorney's purview, but the Boulders hopes to extend the deadline to record a final map for Phase IV through September 17, 2019, subject to any additional time extensions the Boulders may be entitled to as a result of filing final maps for phases of Phase IV. See explanation of the phasing of Phase IV below. The Boulders will need all four years to build out the project and requests a four-year extension. 2.Five Additional Affordable Housing Units. As noted, the Boulders was approved as a 211 unit residential project in 2001. It was required to have 15% affordable units, and in fact, the Boulders constructed and deed restricted in compliance with the Town's request, 32 affordable units, ·meeting the Town's 15% Inclusionary Housing requirements. The Boulders Moderate Housing Agreement signed by the Town on March 12, 2003 was at the time considered the most innovative and creative affordable housing proposal in the Town. In 2005/2006 when the Boulders Phase IV was approved as a P.D., Dave and Sally Gardner, owners of the Boulders, regretfully, in hind sight, requested several modest changes like setback reductions, minimal density transfers, tandem parking spaces and a minimal reduction in the number of garage parking spaces (but no request for additio·nal density), all of which the Boulders would gladly forego today for this reason: The Town requested that the Boulders apply for a Planned Development (P.D.) to accomplish the modest requests, and required the Boulders to deed restrict five additional HUD-standard affordable housing units, totaling 17.5% affordable units in the Boulders,· above the Town's then, and still today, requirement of 15%. One of the requirements of a P.D. is that the project must provide a substantial "public amenity". In cooperating with the Boulders in this Application, Staff has told the Developer that if the Boulders can document it provides "a substantial public_amenity" even without the five additional affordable housing units, the Planning Commission may remove that burdensome additional housing requirement. For the reasons stated in Jim Porter's housing proposal letter accompanying this Application, the Boulders requests that the Planning Commission remove the P.D. requirement to build five more HUD-standard affordable units, and accept the Boulders' in-lieu fee proposal. Please see Jim's attached housing proposal letter for details and justifications. 3.Deerfield Drive Roundabout/Phasing. The Boulders is requesting a project amendment concerning the roundabout to be constructed in front of the Boulders, and a request to allow Phase IV to be developed in phases IV-A, IV-B, IV-C and Phase IV-D. Below is the justification for this request. {00539724.DOCX I } Page 13 September 1, 2015 In order to delay paying or bonding for all of the infrastructure costs for the Boulders Phase IV project, the Boulders is requesting to be allowed to develop Phase IV of the Boulders in four phases: Phase IV-A through Phase IV -D. As you can see from the attached draft Phasing Plan prepared by this office, Phase IV-A involves improvements associated with Buildings 25 and 27, Phase IV-B involves improvements associated with Buildings 29 and 31, Phase IV-C involves improvements associated with Buildings 32 -42 and the detention pond. Phase IV-D involves improvements associated with Buildings 32 and 43 and the Class 1 sidewalk/trail fronting on Deerfield Drive (the remaining 330 feet to the west). A llowing Phase IV in four phases allows the Boulders to make payments or post bonds for required infrastructure for each phase of Phase IV rather than pay or post a bond for all of Phase IV infrastructure upfront. Phasing allows recording of multiple final maps. All infrastructure payments required by the Town for Phase IV will be made, just not all upfront. Please allow Phase IV to be developed in four phases. Consistent with this request, the Boulders is requesting that pending our Project Amendment processing, that a Certificate of Occupancy be allowed to be issued for Building 27 ( of course after final inspection signoff). Building 27 construction is complete except for landscaping. Final inspection is being requested. One unit in Building 27 is in escrow and there is interest from buyers of the other not-yet-completed units. The Boulders is requesting that the Town approve the Building 27 portion of the Phase 16 Final Condominium Plan. Building 25, the other Building in Phase 16 Condominium Plan is approximately 85% · complete and when completed, the Boulders will ask for a Certificate of Occupancy and Condominium plan approval, again assuming the Project Amendment is appropriately processing. Delaying Certificates of Occupancy creates an extreme hardship for the Boulders and the Town's cooperation is sincerely requeste�. As to the roundabout, the roundabout provides no particular benefit to the Boulders, and there is no nexus for a roundabout -to have been mandated to be constructed by the Boulders' owners; however, Dave and Sally Gardner offered in 2001 to contribute to or construct a roundabout. That resulted in Condition of Approval 25 in the 2006 Phase IV Boulders' approvals mandating construction of or contribution to . a roundabout at Deerfield Drive. Interestingly, Condition 25 does not seem to have a deadline to build or pay for a fair share of the roundabout. It is generally expected that Planned Community-I will construct the roundabout on Deerfield Drive leaving the Boulders to pay its fair share. The Boulders will contribute its fair share of the cost of the roundabout. Rather than require the Boulders to deposit its pro rata share of the cost of construction of the Deerfield Roundabout ·with the Town prior to issuance of any Certificates of Occupancy for Phase IV, the Boulders respectfully requests that it be allowed to deposit into a Town account its pro rata share (tentatively estimated by the Town to be 22 percent of the cost of construction, tentatively estimated by the Boulders to cost $360,756.00) over time. We propose that the Boulders' fair share of the sum of $360,756.00 (or whatever the total cost of the Boulders' roundabout is estimated to be) will be paid into a Town account at close of escrow of the remaining 43 unsold residential units i�1 the Boulders. In other words, the Boulders will deposit 1/43 of the estimated cost of the roundabout times the Boulders' estimated fair share -at the {00539724DOCX I } Page j4 September 1, 2015 time of close of escrow of the final 43 units in the Boulders. The justification for this delayed payment is the Boulders needs to close sales to generate revenue to pay for the roundabout and for Phase IV infrastructure (plus construction), and equally as important, the roundabout is not expected to be constructed for at least four or five years if not longer, so there is no timing need to have the Boulders deposit its entire roundabout fair share prior to issuance of Certificates of Occupancy for any units in Phase IV. Additionally, the Boulders requests approval of the Planning commission to reimburse the Boulders if the Deerfield connection is not made and/or the roundabout is not constructed, and also to be entitled to a partial reimbursement of its fair share of the cost of the roundabout if third parties ( other than PC-1) contribute to the cost of construction of the Deerfield Roundabout. 4.Sidewalk/Trail. Th� last request is relatively minor, or at least we believe so.The Boulders original 2001 approval required.construction of a sidewalk/trail along the frontage of the Boulders on Deerfield Drive. Three-fourths of that 8-foot wide "sidewalk/trail" was constructed. The Boulders requests additional time to construct the last remaining section, approximately 330 feet on the western edge of the Boulders fronting Deerfield Drive. There is no sidewalk or trail further to the west, so this last section of the Boulders sidewalk/trail is a trail to nowhere (in tribute to Sarah Palin's Bridge to Nowhere) so timing is not critical, but it must be constructed and it will be constructed. The Boulders is merely requesting additional time to finish the sidewalk/trail. The Boulders is requesting to be able to construct a 10-foot side sidewalk/trail ( as requested by Staff) on the last 330 foot section fronting Deerfield Drive, on or before the issuance of a Certificate of Occupancy for any of the residential units in Phase IV-D, the residential units in Buildings 32 and 43. With this time extension, the Town will gain a wider sidewalk/trail. We thank you very much for your consideration of these four specific requests to amend the Boulders project. Please see the accompanying Application. Thank you. Sincerely, ��tJGary Davis PE Principal {00539724.DOCX I ) Louis A Basile Kelley R. Carroll*t Peter H. Cuttitta* Steven C. Gross* Brian C. Hanley* James L. Porter, Jr.* James E. Simon t Certified Specialist in Estate Planning, Trust & Probate Law Via E-Mail �. PORTER SIMON A PROfESSIONAL CORPORATION August 31, 2015 Truckee Community Development Director John McLaughlin Yumie Dahn, Planner Town of Truckee Ravn R. Whitington*Christian N. Brown Stephen C. Lieberman, Of Counsel Dennis W. De Cuir, A Law Corporation, Of Counsel * Also licensed in Nevada Re: Workforce Housing Proposal for the Boulders Project (Part ofa Project Amendment) The Boulders, located on Deerfield Drive in Truckee consists, at build out, of 211 residential (mostly condominium) units. The Project involves four phases, three phases totaling 180 units, were approved in 2001. Phase IV, approved as a Planned Development (PD) on July 12, 2006, consists of31 condominium units. The PD mandates three HUD-guideline moderate-income and two lower­income residential units within Phase IV. Pursuant to the July 12, 2006 approval, the Boulders is required to submit to the Town a performance guarantee and prepare a legal agreement or modify the existing Affordable Housing Agreement to reflect the Phase IV affordable housing requirements. (Page 5 of the Boulders Phase IV Resolution 2006-12). Dave Gardner is in the process of completing construction of units in Phase IV (including Lots 25 and 27) and desperately needs Certificates of Occupancy. C of O's are being withheld until the Boulder s deed restricts five more affordable units. The affordable housing requirements of the Phase IV PD do not and will not work for the Town or for the Boulders. This letter is to explain the dilemma and make the case that no more affordable units are required, yet also propose a more realistic, and much more likely to be successful, workforce housing in lieu fee for the five units. BOULDERS' AFFORDABLE HOUSING HISTORY Although at the time the Town did not have an inclusionary housing ordinance, the Boulders was one of the first projects in the Town of Truckee to propose affordable housing. The Boulders proposed and the Town agreed to an innovative affordable housing project and en tered into a Moderate Housing Agreement on March 12, 2003. The Agreement called for 15 percent, 32, affordable units. Dave Gardner willingly offered 32 affordable units. The units were built {00533846.DOC 4 } TRUCKEE 40200 Truckee Airport Road, Truckee, California 96161 phone (530) 587-2002 fax (530) 587-1316 TAHOE CITY RENO Page 2 of 6 August 3 I , 20 15 and deed restricted. At the time, the Town was appreciative of Dave's innovative plan for affordable housing serving the com munity. The project and housing plan initially met with some success but the economic downturn, exacerbated by the Moderate Housing Agreement, led to severe financial losses suffered by the Boulders causing the loss of millions of dollars, including a forced sale of a po1tion of the Boulders' undeveloped land to avoid bankruptcy. For example, at least eight moderate income units that had been sold under the Moderate Housing Agreement ultimately resulted in foreclosures or drastic price reductions, essentially devastating the value of the market rate units at the Boulders. Some affordable units were foreclosed upon or sold at short sales at a price point of approximately $320,000, well below the then current market prices, sometimes less than loan amounts, causing appraisers to re-value the market rate units at the same decreased, below-market prices. The prices of Boulders' units have not returned to the pre-market crash of 2008 prices, in no small part as a result of the failure of the workforce housing program. As a point of interest, local real estate agents and appraisers are unaware of the classification differences of an affordable unit versus a market rate unit (there is no separate affordable unit sales classification with the Tahoe Sierra Board of Realtors). When the market declined, many of the Boulders' affordable owners were not able to afford their units and either sold at distress sales or were foreclosed on. The Town of Truckee declined to purchase any of those units despite language in the Moderate Housing Agreement allowing the Town to do so. Like other developments in the community, the Boulders always had extreme difficulty finding buyers that qualified under the HUD guidelines, and then when qualified buyers were found, they often were not able to afford the costs of owning and maintaining a home, buying insurance, paying HOA dues, etc. Most would-be affordable buyers could not qualify, or qualified but could not afford, to keep their homes. This reflects a serious flaw with the Town's inclusionary housing ordinance. Many other developments were released of their affordable mandates when HUD-qualified buyers could not be found. Bottom line, the current workforce housing ordinance does not work for the Boulders. The HUD qualification requirements and the Phase IV PD Conditions do not work, nor is there sufficient equity to pay a $77,000 in lieu-fee per unit. Just this month an affordable owner sold his unit (which the Town declined to purchase) at a loss -after owning the unit for just under IO years. One of the obvious shortcomings of the current workforce housing ordinance is that it does not differentiate between high-end subdivisions and Boulders' -type less expensive subdivisions. The Boulders IS an affordable development. Its units would sell, if there were buyers, in the area of $400,000, a bargain in most other subdivisions. Margins are thin. There isn't adequate equity to pay $77,000 a unit nor are would-be affordable buyers interested in paying for an affordably priced unit with severe re-sale restrictions imposed by the Town's ordinance, when for a few thousand dollars more they could purchase an unrestricted market rate unit. Would-be affordable buyers at times have asked: "Why should I buy an affordable unit with the deed restrictions when I could borrow $10,000 and buy a market rate unit?" Indeed. {00S33846.DOC 4} Page 3 of 6 August 3 I, 20 15 UNWORKABLE PD The Boulders Phase IV was approved at the height of the market in 2006 through a PD. In hindsight, Dave Gardner regrets processing a PD. At the time, when everyone was making money, the affordable housing requirement did not seem so onerous. Today it is an impossibility. As noted, when the Boulders was approved there was no inclusionary housing requirement in the Town; however, Dave Gardner proposed and deed restricted and built 32 units , 15 percent of the Boulders 211 units at build out, for affordable housing. The Boulders, at build-out meets the Town's 15 percent inclusionary housing ordinance. However, the 2006 PD strangely requires five more units tot aling 17.5 percent affordable, obviously in excess of the Town's 15 percent requirement. In hindsight, Dave Gardner recognizes he received very modest benefits from the PD, including a transfer of density, modest setback reductions, tandem parking spaces and a minimal reduction in the number of garage parking spaces (but not an increase in density), all of which he would forego today to avoid the five additional inclusionary housing units mandated under the PD. THE BOULDERS PROVIDES A "SUBST ANTIAL PUBLIC AMENITY," THEREFOR SHO ULD NOT BE REQUIRED TO PROVIDE FIV E MORE AFFORDAB LE UNITS Town staff has written suggesting that in order to obtain relief from the PD's affordable housing requirements, the developer should provide justification to docu ment how the project without the five more affordable units will continue to meet the requirements of a Planned Development, which includes the following: "The project will provide a substantial public amenity ( e.g. - a significant public plaza or park, transit center, or public trail) beyond that otherwise required by this Development Code." The Boulders feels strongly that even without deed restrictions dedicating an additional five affordable units into perpetuity, the Boulders provides "a substantial public amenity." As staff has written, "With a Project Amendment, the Boulders would be reviewed at today's standards. This means that while the 15 percent inclusionary requirement has been met with the 32 affordable units, the additional 'public amenity' requirements for the Planned Development may not be considered to have been met." We believe the Boulders provides a substantial public benefit even without five more affordable units, so those five extra units should be eliminated. BOULDERS' CO MMUNITY BENEFITS Please consider the following pubic amenities and community benefits provided by the Boulders development: {00533846.DOC 4} Page 4 of 6 August 3 I , 20 15 1.The Boulders units are per se affordable, selling in the area of $400,000 when vi1tually no other properties in the Town are available at such a low price. The Boulders units are affordable housing. That alone is a huge benefit to the community. 2.The Boulders provided a portion of the land for the Deerfield Drive roundabout and will construct or contribute its fair share to the mandated roundabout at considerable expense, clearly far in excess of any value the roundabout brings to the Boulders. The roundabout provides no particular benefit to the Boulders. I asked Staff how the Boulders could be required to build a roundabout or contribute to the costs of a roundabout as clearly there was no nexus to the Boulders project. Staff wrote: "The roundabout was offered by the applicant at the time of approval as pait of the "public benefit" for the Planned Development and was approved by the Planning Commission." Because of that generous offering, Condition 25 of the Boulders Phase IV approval had the following requirement: "Design and construction of a roundabout and realignment of Deerfield Drive to connect with the roundabout within the street right-of-way previously offered for dedication to encompass improvements as determined by the Town Engineer." I find that language very confusing; however, more importantly, it is clear that the Boulders agreed to build the roundabout or a portion of the roundabout or contribute to the construction costs of a roundabout as a "public benefit" which falls within the "public amenity" benefits provided by the Boulders development. This generous public amenity alone should be adequate to find the Boulders provides sufficient public amenities required for a P .D. even without five additional affordable housing units. 3.The Boulders has provided a public amenity by constructing three-fourths of an 8-foot wide "sidewalk/trail" as required in the original 2001 approvals across the frontage of its property along Deerfield Drive, which is, and will continue to be, landscaped and maintained by the Boulders. The Boulders will complete the sidewalk/trail by building330 feet of a 10 foot wide trail/side walk. The extra two feet constituting yet another substantial public amenity. 4.The Boulders contributed slightly over $lmillion to the Town's affordable housing program. This includes for each of the 32 units: $30,000 for loan relief to qualified buyers along with a $2,000 processing fee. Plus, of course, the Boulders lost that much in reduced sales revenue on those 32 units. 5.The Boulders meets the Town's 15 percent inclusionary housing requirement throughbuild out of Phase IV. 6.The Boulders has paid in excess of $4,036,160 in fees, with more fees yet to be paid, including $271,680 (fire department), $621,280 (school mitigation fees), $583,200 (recreation and park), $1,280,000 (plan checks permits; admin, etc.), $1,280,000 (agencyfees), totaling $25,226 for every Boulders' residential unit. {00533846.DOC 4} Page 5 of 6 August 3 I , 20 15 7.As requested by the Town, without an inclusionary ordinance, the Boulders creatively fashioned one of the first affordable housing programs in the community, which program,in the end, contributed to the loss of millions of dollars by the developer during and after the economic downturn. SUBSTANTIAL PUBLIC BENEFIT The Boulders believes the requirement mandated in the 2006 PD to deed restrict five more affordable housing units is excessive given that it exceeds the Towns 15 percent inclusionary housing requirement, especially considering the modest tradeoffs gained by the development from the PD. The Boulders cannot afford five more affordable housing units, especially the unworkable, failed HUD-based affordable housing mandated by the 2006 PD. We believe the Boulders with its 1 5 percent inclusionary housing provides "a substantial public amenity" even without five additional affordable housing units. In fact, the most affordable units in the entire Town of Truckee, we believe, are market-rate units at the Boulders. The only Phase IV unit ready to close is priced at $429,000. The market is "soft" or worse. The Boulders respectfully requests that the Town remove the requirement to con struct and deed restrict five additional HUD affordable housing units mandated by the 2006 PD. WORKFORCE HOUSING PROPOSAL Although the Boulders is confident the amenities of the project provide a substantial public amenity even without being forced to exceed the Town's inclusionary housing ordinance of 15%, the owners of the Boulders are committed to assisting the Town's affordable housing program. Therefore, in an effort to "meet the Town half-way," and gain Planning Commission approval, the Boulders herein offers to pay the Town on close of escrow of 43 units in the Boulders that have not yet closed escrow, including all Phase IV units, the sum of $2,325 per unit to be used in the Town's discretion for affordable housing needs in the community. This will result in a total in-lieu payment of$100,000 or $20,000 for each of the five mandated affordable housing units. The units that will generate a payment to the Town of $2,325 at close of escrow are the following: Unit 25 ( 4-plex), Unit 27 ( 4-plex), Unit 29 ( 4-plex), Unit 3 1 (4 -plex), Unit 32 (4-plex), Unit 33 (4-plex), Unit 34 (4-plex) and Unit 35 (4-plex), plus seven single-family residential lots numbered 36-42, totaling 43 units. $100,000 will do more for affordable housing in Truckee than trying to comply with the HUD guidelines which do not and will not work in a less expensive project. SUMMARY In sum, the developer of the Boulders knows that the Town's PD mandate of five affordable housing units in addition to 15 percent inclusionary housing does not work with the affordably priced Boulders. High-end subdivisions like Old Greenwood or Gray's Crossing can easily meet the Town's mandates. The enforcement of the "one size fits all" inclusionary {00533846.DOC 4 ) Page 6 of 6 August 3 I , 20 15 requirements with the additional five unit PD requirements simply cannot financially be done at the Boulders. We believe the overall public amenities and benefits resulting from the Boulders affordable project achieve "a substantial public amenity" even without an additional five affordable units. The Boulders respectfully requests relief from the PD-mandated five affordable housing units. But that is not all. In the interest of doing what it can to fund affordable housing programs and gain Planning Commission support, the Boulders will contribute $2,325 on cl ose of escrow of 4 3 of the remaining unsold units in the Boulders, including all 31 units in Phase IV. Very truly yours, P6fTE SIMON Pro e io al Corpora o JA JLP/eh cc: Client Attached as a courtesy to the Town, are eleven suggestions for the Town developed by the owners of the Boulders for improving its Workforce Housing Program. Most are simply practical suggestions, lessons learned at the Boulders from working with the Town's Workforce Housing mandate s1 { 00533846.DOC 4 }