Chapter 18.46 - Open Space/Cluster Requirements

Sections:

18.46.010 - Purpose of Chapter
18.46.020 - Applicability
18.46.030 - Cluster Development
18.46.040 - Wetlands
18.46.050 - Minimum Open Space Requirements
18.46.060 - Open Space Standards
18.46.070 - Scenic Corridor Standards

18.46.010 - Purpose of Chapter

This Chapter provides requirements for the reservation and maintenance of permanent open space in conjunction with the development of private property, to preserve and to protect the following areas:

A. 100 year flood plains (as provided in Chapter 18.34, Flood Plain Management);

B. Environmentally sensitive areas;

C. Lakes and ponds; and

D. Slopes in excess of 30 percent.

18.46.020 - Applicability

This Chapter shall apply to all new development projects including, but not limited to, residential subdivisions. A single family dwelling, secondary residential unit, duplex, and residential accessory structures constructed on an existing lot are exempt from the provisions of this Chapter.

18.46.030 - Cluster Development

A. Objectives for clustering. Cluster development is encouraged as a means of protecting and preserving environmentally sensitive areas, the natural appearance of hillsides, and other important views and visual resources; maintaining the open space(s) that contributes significantly to the character of the Town; providing for the integrity and continuity of wildlife habitat; and protecting and conserving forest and rangeland resources for their resource, recreational, aesthetic, and biological values .

B. Environmentally sensitive areas defined. Environmentally sensitive areas shall include avalanche areas, deer fawning areas, deer migration/wildlife movement corridors, habitat for State and Federally listed plant and animal species including special status and candidate species, high fire hazard areas, scenic vistas, large blocks of undeveloped forest, meadows, prominent slope exposures and ridge lines, riparian habitat and corridors, wetlands per Section 18.46.040, and unstable soils as discussed and identified in the General Plan.

C. Related provisions. The provisions of the following Chapters shall also apply to the design of clustered developments:

1. Chapter 18.36 — Hillside Development Standards; and

2. Chapter 18.38 — Lake and River/Stream Corridor Development.

18.46.040 - Wetlands

Wetlands are areas where the water table is at, near, or above the surface of the land long enough to promote the formation of hydric soils (as defined by the U.S. Department of Agriculture Soil Conservation Service) or to support the growth of hydrophytes.

A. Presumption of significance. All wetlands shall be presumed to be environmentally sensitive areas unless the Town finds, on the basis of evidence in the environmental documents prepared for the development of the property in which the wetlands are situated, that the subject wetlands are not environmentally significant. These finding shall be based on an analysis performed by a State agency, serving in the role of a responsible or trustee agency.

B. Preservation requirements. In preserving these environmentally sensitive areas, emphasis shall be placed on maintaining the natural characteristics of the property while ensuring that any proposed development is harmonious with the terrain, provides buffer yards for neighboring land uses, and provides for snow storage areas, in compliance with Section 18.30.130 (Snow Storage). Areas designated as environmentally sensitive shall remain in their natural and undisturbed state and shall be maintained in a manner which minimizes the danger of fire hazards.

C. Disturbance and restoration of wetlands. Development projects resulting in the disturbance of wetlands shall require the approval of a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). The review authority may approve a minor use permit for disturbance of wetlands only if all of the following findings can be made:

1. The wetlands cannot be avoided and there are no feasible alternatives or mitigation to disturbance of the wetlands;

2. Any wetlands removed or destroyed as part of the project are mitigated by the restoration or creation of wetland habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed); and

3. The disturbance and/or removal of the wetlands complies with all applicable Federal and State regulations.

18.46.050 - Minimum Open Space Requirements

A. Minimum open space requirements.

1. All subdivisions within the DRS, RS, and RR zoning districts shall provide permanent open space. The minimum amount of open space required within the property shall be either:

a. The sum of all areas listed in Section 18.46.010 and all those OS zoned portions of the property; or

b. As shown in Table 3-9 below, whichever is greater.

2. The minimum amount of open space required within the property for the multi-family residential, commercial, and manufacturing/industrial zoning districts shall be either:

a. The sum of all areas listed in Section 18.46.010 and all those OS zoned portions of the property; or

b. As identified in the applicable open space standards in Article II, whichever is greater.

3. The minimum amount of open space required within the property for the Recreation zoning district shall be either:

a. The sum of all areas listed in Section 18.46.010 and all those OS zoned portions of the property; or

b. 10% of the gross site area, whichever is greater.

The minimum amount of open space required within the property for properties designated Open Space Recreation by the General Plan Land Use Diagram shall be 90% of the gross site area.

B. Use of Table 3-9.

1. The following minimum open space requirements shall only apply to single-family residential subdivisions in the RS and RR zoning districts.

2. The minimum open space shall be based on the density of the zoning district as identified in Table 3-9.

3. Portions of the property zoned OS, or areas listed in Subsection A., above shall be credited toward this calculated minimum open space requirement.

TABLE 3-9

MINIMUM OPEN SPACE AREA

C. Disturbance and restoration of sensitive habitat. Development projects resulting in the disturbance of riparian habitat and habitat for State and Federally listed animal and plant species shall require the approval of a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). The review authority may approve a minor use permit for disturbance of these habitats only if all of the following findings can be made:

1. The habitat cannot be avoided and there are no feasible alternatives or mitigation to disturbance of the habitat;

2. Any habitat removed or destroyed as part of the project are mitigated by the restoration or creation of habitat at a rate of 1.5 to 1 (1.5 units of restored habitat for each unit of habitat removed or destroyed); and

3. The disturbance and/or removal of the habitat complies with all applicable Federal and State regulations.

D. Trail alignments. Trail alignments as shown in the Trails Master Plan, or any conceptual plan accepted by the Council prior to formal adoption of the Master Plan, shall be preserved as open space with a minimum width of 40 feet.

E. Open space incentives. The minimum open space area requirements established by this section may be reduced by the review authority, subject to the following standards.

1. The review authority shall find that the open space reduction is proportional to the benefit provided by the project.

2. Open space may be reduced by five percent (5%) of the project site up to a maximum of ten percent (10%), based on each/any of the following project features:

a. Lands are dedicated for public open space, public access, and/or public recreation beyond that necessary for the project;

b. The site is within the preferred infill area shown on Sheet 28 of the Town Zoning Map; and/or

c. The project will provide enhanced public facilities which are needed by the Town beyond those required for the project as mitigation measures (for example, transit facilities).

F. Reduction of planning fees. The review body may reduce planning fees for a land use permit application by up to 75% if the project provides permanent open space that is equivalent to 10% or more of the project site above and beyond the minimum open space requirments. For example, a project in the RS-1 zoning district would qualify for a planning fee reduction if 60% of the site was provided as permanent open space (50% minimum open space requirements + 10% of the site).

18.46.060 - Open Space Standards

A. Natural tree or shrub removal. Upon the development of any property which includes environmentally sensitive areas identified in Section 18.46.030.B (Environmentally Sensitive Areas Defined), if the natural tree or shrub coverage has been removed from the environmentally sensitive area, the area shall be revegetated with indigenous plant material, availability permitting, subject to the approval of the Director.

B. Disruption of land. Grading and removal of native vegetation is prohibited except for access roads, driveways, parking areas, and within an area immediately adjoining the structure(s) which is the smallest area practicable to accommodate:

1. Proper separation from cut and fill slopes;

2. Usable yard areas; and

3. Fuel reduction areas in compliance with Fire Protection District standards.

C. Acceptable nonstructural uses. Acceptable uses in open space areas are those that do not involve structures or large paved areas. Examples of acceptable uses include primitive campgrounds (i.e., no facilities), picnic areas, hiking and equestrian trails, and equestrian corrals and other non-enclosed structures. Fairways and greens for golf courses may be acceptable in open space areas for properties in the RS-1 zoning district and districts with higher densities and for properties designated OSR by the General Plan Land Use Diagram. Examples of uses that are not acceptable include recreational vehicle campgrounds, tennis courts or similar paved areas, and equestrian centers with barns and other enclosed facilities.

D. Continuity required. Open space shall provide continuity and links with the open space area(s) of other adjoining clustered residential developments and with public open space(s), whenever feasible.

E. Permanent open space.

1. The portions of the parent parcel not developed with clustered residential uses, including all slopes of 30 percent or greater, shall be preserved as permanent open space.

2. Preservation and management options for open space, in order of preference, include the following:

a. Dedication of the land to the Town of Truckee, the Truckee Donner Recreation and Park District, the Truckee Donner Land Trust, or similar public or non-profit agency. (Under this option, the project may be eligible for density and open space incentives.)

b. Common area parcel(s) with dedication of a conservation easement in perpetuity to the Town of Truckee.

c. Use of building envelopes in conjunction with conservation easements, deed restrictions, and/or dedication to a homeowner’s association.

d. Open space zoning.

3. Incentives for projects that dedicate open space and trails to public agencies may include planning fee waivers, reductions in open space requirements, and/or increases in density.

F. Forest setbacks. Dwellings, buildings, and other habitable structures shall be located a minimum of 200 feet from the edge of large blocks of forests within the project site and on surrounding parcels. A large block of undeveloped forest is defined as a forested area with a minimum size of 10 acres that meets minimum State timber stocking requirements and is located on lands either managed by the United States Forest Service or designated PUB, RC/OS, or OSR by the General Plan Land Use Diagram.

18.46.070 - Scenic Corridor Standards

A. Purpose.

1. The Scenic Corridor development standards are intended for major roadways identified by the General Plan where views should be preserved and the appearance of projects regulated within the viewshed of the roadway.

2. New development along these corridors requires sensitivity and special attention in project design, including additional landscape screening, minimizing native vegetation removal, and minimizing disruption of hillside views, prominent slope exposures, ridgelines, scenic vistas, or other environmental features.

B. Applicability. The Scenic Corridor development standards apply to the following scenic corridor areas:

1. The areas that extend 300 feet on each side of the Interstate 80 right-of-way except those areas located within the Downtown Study Area as shown on the General Plan Land Use Diagram;

2. The areas that extend the following distances on each side of the Highway 89 North right-of-way (refer to Sheet 31 of Town Zoning Map):

a. 300 feet between Interstate 80 and the northern boundary line of Section 35, T18N, R16E;

b. 50 feet on the west side of the highway between the southern boundary line of Section 35, T18N, R16E and the Town boundary;

c. 20 feet on the east side of the highway between the southern boundary line of Section 35, T18N, R16E and the Town boundary.

C. Development standards. Proposed development and new land uses within scenic corridor areas and visible from the scenic highway shall be designed and constructed in compliance with the following minimum requirements. If the proposed development and new land uses are not visible from the scenic highway, the review authority may reduce or waive these development standards.

1. Proposed structures and parking areas shall not be located within the scenic corridor area along Highway 89 North and shall be setback a minimum of 100 feet from the Interstate 80 right-of-way.

2. Allowable density shall be transferred and clustered in lower elevations and the least visible areas of the site.

3. The scale and mass of structures shall be reduced through split level and low profile design.

4. No structure shall exceed a maximum height of 25 feet.

5. Street lighting shall be low-level and of pedestrian-scale.

6. High illumination yard lighting shall not be used, and all exterior light sources shall be shielded to prevent off-site glare, in compliance with Section 18.30.060 (Exterior Lighting).

7. Development (grading and construction) shall be blended into the natural setting through attention to color, materials, orientation, and topography.

8. Grading (cut and fill slopes) shall be minimized through the use of cantilevered foundations wherever possible.

9. Grading (cut and fill slopes) for streets and driveways shall be minimized to reduce visual impacts.

10. Landscaped setbacks shall be provided along adjoining highways. Site development shall implement an approved landscape enhancement plan for the setback area and the adjoining highways. The plan shall be submitted as part of the land use permit application for the project. Native vegetation and an irrigation system designed to temporarily provide water through the plant establishment period shall be incorporated into the landcape plan.