Chapter 18.38 - Lake and River/Stream Corridor Development
Sections:
18.38.010 - Purpose of Chapter
18.38.020 - Applicability
18.38.030 - Application Content
18.38.040 - River and Stream Development Standards
18.38.050 - Donner Lake Development Standards
18.38.010 - Purpose of Chapter
This Chapter provides standards for development adjacent to Donner Lake, the Truckee River, and other significant streams throughout the Town to:
A. Provide appropriate buffer areas between proposed development and Donner Lake, the Truckee River, and other designated stream corridors, to protect valuable environmental, scenic, and recreational resources; and
B. Protect the public health, safety, and welfare.
18.38.020 - Applicability
The provisions of this Chapter apply to property adjoining the following waterways:
A. Donner Lake;
B. Truckee River;
C. Alder Creek;
D. Trout Creek; and
E. Blue line permanent and seasonal waterways as shown on a 7.5 minute series USGS topographic quadrangle map.
18.38.030 - Application Content
Land use permit and subdivision applications for projects on parcels that include a 100-year flood plain or are located within 100 feet of a 100-year flood plain shall include all information and materials required by Section 18.70.040 (Application Preparation and Filing) and shall show 100-year flood plains, floodways, and base flood elevations in relation to the parcel. This flood information shall be certified by a registered engineer.
18.38.040 - River and Stream Development Standards
A. Setback requirements. Proposed development shall be designed and constructed to provide the following minimum setbacks from adjacent waterways. See Chapter 18.220 (Definitions, Glossary) for definition of the 100-year floodplain referenced in this Chapter.
1. Truckee River.
Proposed structures outside the Downtown Study Area shall be
set back a minimum distance of 100 feet from the edge of the
100-year floodplain. Proposed structures within the Downtown
Study Area shall be set back the minimum horizontal distance
from the edge of the 100-year floodplain which is one foot
above the base flood elevation. The setback shall be measured from the natural elevation of the property. The setback line may not be modified by raising the property above the base flood elevation through the use of fill or other similar materials. (See Figure 3-17, Truckee River Setback Requirements)
2. Other streams. Proposed structures shall be set back from adjacent streams as follows:
a. Structures proposed on parcels with an average depth of 175 feet or more shall be set back a minimum of 50 feet from the edge of the 100-year floodplain of any stream;
b. The required stream setback for structures proposed on parcels with an average depth of less than 175 feet shall be determined by the following formula, except that no setback shall be less than 20 feet:
Required setback in feet = 50 - (175 - parcel depth)
For example, a structure proposed on a parcel with a depth of 163 feet would have a required setback of 38 feet (50 - (175 - 163) = 38).
c. Structures proposed adjacent to streams for which the 100-year floodplain has not been determined or mapped, shall be set back a minimum of 100 feet from the centerline of the stream channel.
d. Structures proposed adjacent to streams that have been channelized by manmade improvements prior to the adoption and effective date of this Development Code shall be set back a minimum of 20 feet from the improvements. Channelized shall mean improvements that have altered and replaced the natural alignment of the stream. Examples of channelized streams include Gregory Creek south of Donner Pass Road and Trout Creek along Trout Creek Road.
3. Setback reduction in RS
and RR districts. The required setback from the 100-year floodplain of the Truckee River and other streams may be reduced in the RS and RR zoning districts based on the averaging of the setbacks of structures on adjoining parcels, where 25 percent or more of the parcels in any one block have been improved with structures as of the effective date of this Development Code. In these cases, proposed structures shall be set back from the edge of the 100-year floodplain by no less than the average of the setbacks of the existing structures on the block.
4. Variances. Setback
requirements may be decreased if a Variance is approved by
the Zoning Administrator in compliance with Chapter 18.82, or
a Variance to the stream setback was approved by Nevada
County prior to Town incorporation. Approval of the Variance
shall be based on findings consistent with the purpose and
intent of this Chapter and with Chapter 18.82 (Variances).
5. Bridges and drainage
structures. Bridges, crossings, and drainage structures and facilities may be allowed in the required setback if approved by the Town Engineer and approvals are obtained from all agencies with permitting authority.
B. Use of setback areas.
1. Structures. Fences and other structures, parking access, parking space(s), paved areas (not including trails, paths, walkways, and small sitting areas), or swimming pools, shall not be constructed within required setbacks.
2. Grading and landscaping. Grading or filling (not including trails, paths and walkways, and small sitting areas not exceeding 300 square feet), planting of exotic/nonnative or nonriparian plant species, or the removal of native vegetation except for fire safety, shall not be permitted within a setback area.
3. Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete, and native landscaping.
4. Allowed projections. Architectural features may extend beyond the wall of the structure and into the setback area in compliance with the following:
a. Balconies, bay windows, and other cantilevered features may extend five feet into the setback area;
b. Canopies, cornices, eaves, and roof overhangs may extend five feet into the setback area;
c. Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports, or other structural connections to the ground comply with the required setback.
C. Flood hazard areas. Development proposed in areas of flood hazard shall comply with the flood plain regulations in Chapter 18.34 (Flood Plain Management).
D. Drainage easements. Uses and activities set forth in Subsection B. shall not be permitted within open space easements created for waterways, or within drainage easements established and shown on subdivision maps.
18.38.050 - Donner Lake Development Standards
A. Setback requirements.
1. Lake side setback. Structures shall be set back a minimum of 20 feet from the high water mark of Donner Lake, which is an elevation of 5,935.8 feet above sea level. This setback requirement may be reduced through the approval of a Variance (Chapter 18.82), or where a Variance to the setback was approved by Nevada County prior to the Town’s incorporation. Variance approval shall be based on findings consistent with the purpose and intent of this Chapter and with Chapter 18.82 (Variances).
2. Side yard setback. On parcels adjacent to Donner Lake, in order to reduce potential view impacts and increase visibility to the lake an additional two and one-half (21Ú2) feet of setback on each side yard shall be provided for each five feet (or fraction thereof) of the height of a structure above 25 feet as measured in accordance with Section 18.30.090.B (Height Measurement). This setback shall apply only to those portions of the structure that are 20 feet above natural grade.
B. Use of setback areas.
1. Structures. Fences and other structures, parking access, parking space(s), paved areas (not including trails, paths, walkways, and small sitting areas) or swimming pools, shall not be constructed within required setbacks.
2. Grading and landscaping. Grading or filling (not including trails, paths and walkways, and small sitting areas not exceeding 300 square feet), planting of exotic/nonnative or nonriparian plant species, or removal of native vegetation except for fire safety, shall not be permitted within a setback area. Grading or filling performed in the course of soil stabilization or erosion control measures for improvements in place as of the effective date of this Development Code may be allowed with Building Permit approval.
3. Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete, and native landscaping.
4. Dredging and underwater
construction. There shall be no dredging, removal or rearrangement of materials or soils or placement of fill within the area below the high water mark of Donner Lake. Dredging or excavation performed in the course of the construction of a pier, dock, ramp, or similar structure may be allowed with Building Permit approval and approval from all agencies with permitting authority.
5. Allowed projections. Architectural features may extend beyond the wall of the structure and into the setback area in compliance with the following:
a. Balconies, bay windows, and other cantilevered features may extend five feet into the setback area;
b. Canopies, cornices, eaves, and roof overhangs may extend five feet into the setback area;
c. Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports, or other structural connections to the ground comply with the required setback.
C. Flood hazard areas. Development proposed in areas of flood hazard shall comply with the Floodplain Management Regulations in Chapter 18.34. The flood hazard area for Donner Lake shall include all lands at or below an elevation of 5,938 feet above sea level.
D. Docks and piers. Docks, piers, ramps, and similar structures including stairways and walkways connecting to the dock, pier, or ramp, may be constructed within the Donner Lake flood hazard area and setback area required by this Section in compliance with all of the following requirements:
1. Limitation on number of
facilities. No more than one dock, pier, ramp, or similar structure shall be constructed on any site.
2. Enclosing structures. Safety railings are allowed with a maximum height of four feet. Sidewalls and roofs shall be prohibited.
3. Approvals from other
agencies. Approvals shall be obtained from all agencies with permitting authority.
