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Home My Public Portal AboutTitle 18 Article IIITRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE ARTICLE III Site Planning and General Development Standards Chapter 18.30 - General Property Development and Use Standards ..................................... III-7 18.30.010 - Purpose and Applicability .................................................................................. III-7 18.30.020 - Access ................................................................................................................ III-8 18.30.030 - Air Emissions ..................................................................................................... Ili-9 18.30.040 - Archeological/Cultural Resources ................................................................... III- 10 18.30.050 - Drainage and Storm Water Runoff .................................................................. 1II-12 18.30.056 - Easements ........................................................................................................ iii- 15 18.30.060 - Exterior Lighting ............................................................................................. 1II-15 18.30.070 - Fences, Walls, and Hedges .............................................................................. III-17 18.30.080 - Grading and Vegetation Removal ....................................................................111-21 18.30.090 - Height Measurement and Height Limit Exceptions ......................................... 111-21 18.30. 100 - Property Maintenance ...................................................................................... III-24 18.30.110 - Screening and Buffer ....................................................................................... III-26 18.30.120 - Setback Requirements and Exceptions ............................................................ III-27 18.30.130 - Snow Storage ................................................................................................... III-37 18.30.140 - Solar Access and Solar Equipment Guidelines ................................................ III-38 18.30.150 - Solid Waste/Recyclable Materials Storage ...................................................... III-39 18.30.160 - Undergrounding of Utilities ............................................................................. II1-41 18.30.170 - Vibrations ........................................................................................................ III-42 Chapter 18.32 - Affordable Housing ........................................................................................ III-43 18.32.010 - Purpose of Chapter .......................................................................................... III-43 18.32.020 - Eligibility for Bonus and Incentives ................................................................ 111-43 18.32.030 - Types of Bonuses and Incentives Allowed ...................................................... III-44 18.32.040 - 18.32.050 - 18.32.060 - 18.32.070 - 18.32.080 - Continued Availability ..................................................................................... Ill-45 Location of Bonus Units .................................................................................. III-45 Processing of Bonus and Incentive Requests ................................................... III-45 Priority Processing of Affordable Housing Projects ........................................ Ill-46 Findings for Denial of Affordable Housing Projects ....................................... 111-46 Chapter 18.34 - Flood Plain Management ...............................................................................III-47 18.34.010 18.34.020 18.34.030 18.34.040 - Purpose of Chapter .......................................................................................... 1II-47 - Applicability .................................................................................................... III-48 - Definitions ....................................................................................................... III-48 - Warning and Disclaimer of Liability ............................................................... III-50 September 2001 III-1 Contents TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.34.050 - Variance Required ........................................................................................... III-51 18.34.060 - General Provisions ........................................................................................... III-51 18.34.070 - Provisions for Flood Hazard Reduction ........................................................... III-52 18.34.080 - Consideration for Variances ............................................................................. 111-54 18.34.090 - Conditions for Variance Issuance .................................................................... III-56 Chapter 18.36 - Hillside Development Standards ................................................................... III-57 18.36.010 18.36.020 18.36.030 18.36.040 18.36.050 18.36.060 - Purpose of Chapter .......................................................................................... III-57 - Applicability .................................................................................................... III-57 - Application Content ......................................................................................... 1II-58 - Standards for Hillside Development ................................................................ III-58 - Design Criteria for Hillside Development ....................................................... III-60 - Criteria for Use Permit Approval ..................................................................... III-64 Chapter 18.38 - Lake and River/Stream Corridor Development .......................................... III-65 18.38.010 - Purpose of Chapter .......................................................................................... III-65 18.38.020 - Applicability .................................................................................................... 1II-65 18.38.030 - Application Content ......................................................................................... II1-65 18.38.040 - River and Stream Development Standards ...................................................... III-66 18.38.050 - Donner Lake Development Standards ............................................................. III-68 Chapter 18.40 - Landscape Standards ..................................................................................... Ill-71 18.40.010 - Purpose of Chapter .......................................................................................... II1-71 18.40.020 - Applicability ................................................................................................... III-71 18.40.030 - Landscape Plan Requirements ......................................................................... Ill-71 18.40.040 - Site Landscaping Requirements ....................................................................... Ili-72 18.40.050 - Landscape Standards ........................................................................................ II1-74 Chapter 18.42 - Landscape Design Guidelines ........................................................................ Ili-79 18.42.010 18.42.020 18.42.030 18.42.040 18.42.050 18.42.060 18.42.070 18.42.080 - Purpose of Chapter .......................................................................................... III-79 - Applicability .................................................................................................... Ili-79 - General Guidelines .......................................................................................... 111-79 - Landscaping Along Streets .............................................................................. III-81 - Project Entry Landscaping ............................................................................... Ill-81 - Pedestrian Area Landscaping ........................................................................... III-82 - Installation of Landscaping .............................................................................. 1II-82 - Recommended Plant Materials ........................................................................ III-83 Chapter 18.44 - Noise ................................................................................................................ 1II-95 18.44.010 - Purpose of Chapter .......................................................................................... III-95 18.44.020 - Noise Complaints ............................................................................................. III-95 18.44.030 - Noise Measurement Criteria ............................................................................ Ill-96 18.44.040 - Exterior Noise Standards ................................................................................. III-96 September 2001 III-2 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Contents 18.44.050 - Residential Interior Noise Standards ................................................................ 111-98 18.44.060 - Prohibited Acts ................................................................................................ Ill-99 18.44.070 - Exceptions ..................................................................................................... III-100 Chapter 18.46 - Open Space/Cluster Requirements ............................................................. III-103 18.46.010 i8.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 - Purpose of Chapter ........................................................................................ IIi-i03 - Applicability .................................................................................................. 1II-103 - Cluster Development ..................................................................................... Ili-103 - Wetlands ........................................................................................................ 1II-104 - Minimum Open Space Requirements ............................................................ III-105 - Open Space Standards ................................................................................... III-107 - Scenic Corridor Standards ............................................................................. III-108 Chapter 18.48 - Parking and Loading Standards ................................................................. III-111 18.48.010 - Purpose of Chapter ........................................................................................ III-i 1 l 18.48.020 - Applicability .................................................................................................. III-111 18.48.030 - General Parking and Loading Regulations .................................................... III-112 18.48.040 - 18.48.050 - 18.48.060 - 18.48.070 - 18.48.080 - 18.48.090 - 18.48.100 - 18.48.100 - Number of Parking Spaces Required .............................................................III- 112 Adjustments to Off-Street Parking Requirements .......................................... II1-120 Disabled/Handicapped Parking Requirements ............................................... II1-121 Development Standards for Off-Street Parking ............................................. 1II-121 Driveways and Site Access ............................................................................ 1II-126 Bicycle Parking and Support Facilities .......................................................... 1II-128 Off-Street Loading Space Requirements ....................................................... 111-129 Downtown Off-Site Parking .......................................................................... 111-131 Chapter 18.50 - Parking Design Guidelines .......................................................................... III-133 18.50.010 18.50.020 18.50.030 18.50.040 18.50.050 18.50.060 - Purpose of Chapter ........................................................................................ III-133 - Applicability .................................................................................................. 111-133 - General Parking Guidelines ........................................................................... III-134 - Access and Circulation .................................................................................. II1-134 - Parking Lot Design ........................................................................................ 111-135 - Pedestrian Connections .................................................................................. II1-137 Chapter 18.52 - Rail Corridor Standards .............................................................................Ili- 139 18.52.010 - 18.52.020 - 18.52.030 - 18.52.040 - Purpose of Chapter ........................................................................................ III-139 Applicability .................................................................................................. III-139 Land Use Limitations ..................................................................................... III-139 Additional Uses ............................................................................................. III-140 Chapter 18.54 - Signs .............................................................................................................. II1-141 18.54.010 - Purpose of Chapter ........................................................................................ III-141 18.54.020 - Applicability .................................................................................................. III-141 September 2001 Ili-3 Contents TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54.030 - Sign Plan Review Requirements .................................................................... III-142 18.54.040 - Comprehensive Sign Program ....................................................................... III-145 18.54.050 - Prohibited Signs ............................................................................................. III-147 18.54.060 - General Requirements for Ail Signs ............................................................. 1II-148 18.54.070 - Standards for Specific Types of Signs ........................................................... Ili-150 18.54.080 - Sign Standards by Zoning District ................................................................. II1-156 18.54.090 - Nonconforming or Abandoned Signs ........................................................... III-176 Chapter 18.56 - Sign Design Guidelines ................................................................................ III-177 18.56.010 - Purpose of Chapter ........................................................................................ III-177 18.56.020 - Applicability .................................................................................................. III-177 18.56.030 - Sign Guidelines .............................................................................................. III-177 Chapter 18.58 - Standards for Specific Land Uses ............................................................... I11-185 18.58.010 - Purpose of Chapter ........................................................................................ II1-185 18.58.020 - Applicability .................................................................................................. II1-185 18.58.030 - Accessory Retail Uses .................................................................................... 111-186 18.58.040 - Accessory Uses -- General Standards ........................................................... III-186 18.58.050 - Adult Entertainment Establishments .............................................................. III- 187 18.58.060 - Animal Raising and Keeping ......................................................................... III-190 18.58.070 - Bed and Breakfast Inns .................................................................................. II1-191 18.58.080 - Child Day Care Facilities ............................................................................... III-192 18.58.090 - Churches and Fraternal Organizations ........................................................... III-195 18.58.100 - Detached Living Areas .................................................................................. II1-196 ! 8.58.110 - Drive-ln and Drive-Through Facilities .......................................................... 11I- 198 18.58.114 - Electrical Utility Facilities ............................................................................. II1-199 18.58.120 - Home Occupations ......................................................................................... 111-201 18.58.130 - Live/Work (Loft) Standards ........................................................................... 111-203 18.58.140 - Mixed-Use Development ............................................................................... III-204 18.58.150 - Mobile Home Parks and Subdivisions ........................................................... II1-206 18.58.160 - Mobile Home or Recreational Vehicle--Temporary During Construction ... III-208 18.58.170 - Mobile Homes On Permanent Foundation Systems ...................................... Ill-208 18.58.180 - Multi-Family Residential Projects ................................................................. I11-209 18.58.190 - Outdoor Display and Sales Standards ............................................................ 1II-211 18.58.200 - Outdoor Storage and Work Areas .................................................................. II1-214 18.58.210 - Recycling Facilities ........................................................................................ Ili-215 18.58.220 - Residential Accessory Uses and Structures .................................................... II1-219 18.58.230 - Secondary Residential Units .......................................................................... III-222 18.58.240 - Senior Citizen Projects ................................................................................... 1II-224 18.58.250 - Telecommunications Facilities ....................................................................... III-226 Chapter 18.60 - Surface Mining and Reclamation Standards ............................................. III-231 18.60.010 - 18.60.020 - 18.60.030 - Purpose of Chapter ........................................................................................ III-231 State Standards ............................................................................................... 111-232 Applicability .................................................................................................. 1II-232 September 2001 III-4 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Contents 18.60.040 - Vested Rights ................................................................................................. III-234 18.60.050 - Process ........................................................................................................... III-234 18.60.060 - Standards for Reclamation ............................................................................. III-236 18.60.070 - Statement of Responsibility ........................................................................... II1-237 18.60.080 - Findings for Approval .................................................................................... II1-237 18.60.090 18.60.100 18.60.110 18.60.120 18.60.130 18.60.140 18.60.150 18.60.160 - Financial Assurances ..................................................................................... III-238 - Interim Management Plans ............................................................................ III-240 - Annual Report Requirements ......................................................................... Ili-241 - Inspections ..................................................................................................... III-241 - Violations and Penalties ................................................................................. III-241 - Appeals .......................................................................................................... III-242 - Fees ................................................................................................................ III-242 - Mineral Resource Protection .......................................................................... III-242 Chapter 18.62 - Temporary Uses and Events ....................................................................... III-245 18.62.010 18.62.020 18.62.030 18.62.040 18.62.050 18.62.060 Purpose of Chapter ........................................................................................ Ill-245 Applicability .................................................................................................. III-245 Exempt Temporary Uses and Events .............................................................Ill-246 General Requirements for All Temporary Uses ............................................. iii-246 Requirements for Specific Temporary Uses and Events ................................ 111-248 Conditions of Approval ................................................................................. Ili-249 Chapter 18.64 - Truckee-Tahoe Airport Area Restrictions ................................................. III-251 18.64.010 18.64.020 18.64.030 18.64.040 18.64.050 18.64.060 - Purpose of Chapter ........................................................................................ ill-251 - Applicability .................................................................................................. I[I-251 - Definitions ..................................................................................................... Ill-251 - Airport Height Zones and Height Limits .......................................................III-252 - Airport Safety Restriction Areas .................................................................... III-254 - Airport Noise Zones ....................................................................................... III-257 18.64.070 - Subdivisions ................................................................................................... III-258 18.64.080 - Nonconforming Uses and Structures ............................................................. 111-258 September 2001 III-5 Contents TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE September 2001 III-6 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 CHAPTER 18.30 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS Sections: 18.30.010 - Purpose and Applicability !, 8.30.020 - Access 18.30.030 - Air Emissions 18.30.040 - Archeological/Cultural Resources 18.30.050 - Drainage and Storm Water Runoff 18.30.056 - Easements 18.30.060 - Exterior Lighting 18.30.070 - Fences, Walls, and Hedges 18.30.080 - Grading and Vegetation Removal 18.30.090 - Height Measurement and Height Limit Exceptions 18.30.100 - Property Maintenance 18.30.110 - Screening and Buffer 18.30.120 - Setback Requirements and Exceptions 18.30.130 - Snow Storage 18.30.140 - Solar Access and Solar Equipment Guidelines 18.30.150 - Solid Waste/Recyclable Materials Storage 18.30.160 - Undergrounding of Utilities 18.30.170- Vibrations 18.30.010 - Purpose and Applicability mo Purpose. The provisions of this Chapter expand the standards of Article II (Zoning Districts and Allowable Land Uses) by addressing the details of site planning and project design, to ensure that development, and new or modified land uses are of appropriate character and quality, considerate of the community's natural resources, compatible with existing and future land uses, and consistent with the General Plan. B. Applicability--General standards. The provisions of this Chapter apply to all proposed development and new land uses regardless of the applicable zoning district. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). If there is a conflict, the standards specific to the zoning district shall override these general standards. All New or modified structures and uses shall comply with all applicable provisions of this Chapter before construction and operation, unless specifically exempted by an applicable provision of this Development Code. September 2001 III-7 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 18.30.020 - Access mo General standard. Every structure and land use shall be provided adequate physical and legal access to a public street in the form of frontage upon the street, or permanent means of access to a public street by way of a public or private easement, or recorded (mutual) access agreement, as determined by the Director. Access and improvement specifications. The approval of proposed development shall require the applicant to improve the public street frontages of the site in compliance with the Truckee Public Improvements and Engineering Standards, including right-of-way width, and structural section, surfacing, and width of street improvements. Driveways. Access driveways shall be developed in compliance with the standards in Chapter 18.48 (Parking and Loading Standards). The site planning and design of proposed development shall minimize the lengths of driveways. Do Acceptable levels of service. The review authority shall not approve a land use permit for a project that generates l0 or more summer weekday P.M. peak hour trips if the project will have a significant impact on any major street intersection within one-half mile of the project site, as measured along the connecting street(s). For the purposes of this section, a major intersection shall be defined as an intersection analyzed in the General Plan or Downtown Specific traffic analyses and any intersection that accommodates a substantial volume of traffic as determined by the Town Engineer. A significant impact shall occur when: For intersections with an existing acceptable level of service (D or better outside DSA, E or better inside DSA), the project (existing traffic plus project traffic) decreases the level of service of the total intersection to an unacceptable level (E or F outside DSA, F inside DSA). The significant impact may be reduced to a less than significant level by incorporating intersection improvements and other mitigation into the project which improves the level of service to an acceptable level. For intersections with an existing unacceptable level of service, the project increases the total traffic volumes of the intersection by 5% or more above existing traffic volumes. The significant impact may be reduced to a less than significant level by incorporating intersection improvements and other mitigation into the project which maintains the level of service of the intersection at pre-project levels. The Town Council may approve a land use permit for a project that creates a significant impact if the Council finds that intersection improvements identified in the General Plan or Capital Improvement Program have been designed and engineered, funding has been secured by State and local agencies, and the improvements will be completed within one year of completion of the project. Eo Exemption. Construction of a single-family residence, secondary residential unit, or duplex on any parcel located on a private street or road which was legally established before the effective date of this Development Code, is exempt from the requirement of Subsection B (Access and Improvement Specifications). September 2001 111-8 TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE General Property Development Standards 18.30 18.30.030 - Air Emissions Dust and dirt emissions. Land use activities that may create dust emissions (for example, construction, grading, and operation) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible. To ensure that this occurs, appropriate procedures shall include the following: 1. Dust suppression plan. A dust suppression plan shall be required for all projects for which a grading plan is required. o Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g., construction, paving, or planting) will occur as soon as possible after grading; Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour; 4. Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times; Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, fugitive dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the Director. Materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage, shall occur at least twice daily preferably in the late morning and after work is done for the day; b. Materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust; o On-site roads. On-site roads shall be paved as soon as feasible, and watered periodically or chemically stabilized until the roads are paved. Access or haul roads adjoining the project shall be treated as necessary to prevent off-site migration and accumulation of dirt, soil, or other materials which can subsequently be entrained in ambient air, either from construction-related vehicles or from any vehicle using adjoining affected roads; Street encroachments. For land use activities that disturb two or more acres of land, paved aprons onto Town streets shall be required at all access encroachments onto the Town street. The aprons shall be paved within one week of the commencement of grading on the site. The aprons and portions of the street adjacent to the apron shall be flushed and/or swept at least once daily; September 2001 Ili-9 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained; 9. Fencing. Appropriate fences or walls shall be constructed to permanently contain the dust and dirt within the parcel, subject to the approval of the Director; 10. Other measures. Other Best Available Control Measures (BACM) may be required by the Director to control air emissions of particulate matter from the site; and 11. Performance guarantees. The Director may require a permit applicant to provide adequate performance guarantees (e.g. bonds, cash deposits, certified letter of credit, etc.) to ensure the faithful and timely performance of dust suppression measures during grading. The Director shall be responsible for setting the amount of the required performance guarantee, after consultation with the Town Building Official and the NSAQMD Air Pollution Control Officer. Vehicle exhaust emissions. An applicant who proposes a land use activity that could result in potential construction-related exhaust emission impacts shall minimize the emissions by maintaining equipment engines in good condition and in proper tune in compliance with manufacture's specifications by not allowing construction equipment to be left idling for long periods of time. Co Odor emissions. The owner of an existing or proposed use which produces odors or noxious matter (e.g., fumes, gases, vapors, etc.) in quantities that those emissions constitute a nuisance in compliance with State law (Civil Code Sections 3479-3503) shall have the source of the contaminant controlled in order to abate the nuisance. Cleared vegetation. The method of disposal of cleared vegetation from the site shall be indicated on the project improvement plans. Open burning of vegetation from site-clearing shall be prohibited unless approved by the Director and the Northern Sierra Air Quality Management District upon a finding that other alternatives are unobtainable or economically infeasible. 18.30.040 - Archeological/Cultural Resources go General standard. In the event that archaeological or cultural resources are discovered during any constmction, all construction activities shall cease within 200 feet of the find unless a lesser distance is approved by the Director, and the Department shall be notified so that the extent and location of discovered materials may be recorded in a written report prepared by a qualified archaeologist, and disposition of discovered materials may occur in compliance with State and Federal law. Construction shall not recommence until the Director authorizes construction to begin. Survey. The Director shall require a cultural resources field survey by a qualified professional, at the applicant's expense, where the project will involve areas of grading and/or the removal of natural vegetation totaling one acre or larger or where the project will involve the disturbance of ground in the -HP overlay district. The Director may require a cultural resources field survey on September 2001 III-10 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Do smaller sites for a Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, Planned Development, or Tentative Map where there is the potential for cultural resources to be located on the project site. 1. The survey shall be conducted to determine the extent of the cultural resources on the site, before the completion of the environmental document for the project. 2. Where the results of the survey indicate the potential to adversely impact probable cultural resources, the report shall be transmitted to the appropriate clearinghouse for comment. 3. The Director shall maintain a confidential map file of known or probable cultural resource sites so as to assist in the identification of sensitive areas. A qualified professional shall be present on-site during all excavation activity, including preliminary soil investigations, grading, and trenching for foundations and utilities, in those cases where the identification of and potential i~npacts to cultural resources cannot be determined prior to project approval or when required by the Director based on a recommendation by the field surveyor. Mitigation measures. Where development would significantly impact cultural or paleontological resources which have been identified, reasonable mitigation measures shall be required by the review authority as may be recommended by the field surveyor or by the State Historic Preservation Officer. Mitigation may include the following, as applicable/necessary: 1. The relocation or redesign of development to avoid the identified site; The opening of the site to qualified, approved professional/educational parties for the purpose of exploration and excavation for a specified time before the commencement of development; 3. The utilization of special construction techniques to maintain the resources intact and reasonably accessible; 4. Where specific or long-term protection is necessary, identified sites shall be protected by the imposition of recorded open space easements; and For significant sites of unique cultural resource value, where other mitigation techniques do not provide a necessary level of protection, the project shall not be approved until the Director determines that there are no reasonably available sources of funds to purchase the subject property or easement. The Director shall have 90 days from the date of discovery of a significant site to make this determination. Cultural resources. Any cultural resources found on the project site shall be recorded or described in a professional report, subject to the approval of the Director; and Human remains. If human remains are encountered during construction, the County Coroner shall be notified. If the remains are detemfined to be Native American, the Coroner has 24 hours to notify the Native American Heritage Commission of the findings. September 2001 III-11 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 18.30.050 - Drainage and Storm Water Runoff All applications for Zoning Clearance, Development Permit, Minor Use Permit, or Use Permit, except single-family dwellings, secondary residential units, and duplexes, shall include drainage and erosion control plans and be designed and constntcted to provide facilities for the proper conveyance, treatment, and disposal of storm water in compliance with this Section. Drainage and erosion control plan requirements. Drainage and erosion control plans shall be submitted to the Department for review for compliance with the requirements of this Section. The plan may be incorporated within the project site plan. A preliminary drainage and erosion control plan shall be submitted as part of an application for a land use permit, for new development, and the significant expansion or redevelopment of an existing use as determined by the Director. Following approval of the land use permit, a final drainage and erosion control plan shall be submitted as part of the application for a Building Permit. Final plans shall be approved by the Director before the start of on-site construction or soil disturbance and before the issuance of a Building Permit. Projects requiring Commission approval due to their size or use shall require plans prepared by a licensed engineer. Preliminary and final plans shall contain all information specified in the instructions for preparing drainage and erosion control plans provided by the Department. After initial application review in compliance with Section 18.70.060 (Initial Application Review), the Director shall review each preliminary and final plan to verify its compliance with the provisions of this Section. The Director may approve the submittal in compliance with this Chapter, or may deny or require changes to a submittal that is not in compliance. Runoff treatment. Surface runoff treatment measures consistent with the Regional Water Quality Control Board's Truckee River Hydrologic Unit Project Guidelines for Erosion Control and the "State of California Stormwater Best Management Practices Handbooks", prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project: 1. Stormwater runoff: Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (e.g., infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a twenty-year, one-hour storm event based on the Public Improvements and Engineering Standards. The Director may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements; September 2001 Ili-12 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Co Runoff shall be directed into any on-site retention/treatment basin using a slot drain, culvert, depressed swale, rock-lined trench, and/or other approved drainage facilities. Surface and subsurface water shall not drain over sidewalks or adjoining parcels; Runoff from structures not directed into a retention/treatment basin shall utilize graveled dripline infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including a twenty-year, one-hour event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench of different dimensions is approved by the Director based upon an engineered drainage analysis; and d. Runoff from snow storage areas shall be collected, treated, and contained on-site in accordance with the requirements of Subsection B. 2. On-site drainage facilities: Facilities shall be designed to direct stormwater runoff which exceeds the required capacity of the facility into a public storm drainage system contained within the nearest public fight-of-way; and Facilities shall not be used for snow storage. Snow shall not be placed within any required on-site drainage facility which conflicts with the intended function of the facility. 3. Wetlands: Runoff into wetland areas shall not be increased above or decreased below pre-project levels unless the review authority finds that the increase or decrease of runoff will not adversely affect the health, function, and values of the wetland; and b. Runoff into wetland areas shall be treated in accordance with Subsection B prior to release into the wetland. Erosion control. Erosion control measures consistent with the Regional Water Quality Control Board's Truckee River Hydrologic Unit Project Guidelines for Erosion Control and the "State of California Stormwater Best Management Practices Handbooks", prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project: Temporary measures. Temporary erosion control measures as required by the Director shall be installed and continuously maintained for the duration of construction and shall include: a. All non-constmction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director; September 2001 Ili-13 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with nonwoven filter fabric fence, hay bales, temporary gravel, and/or earthen or sand bag dikes; and 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. 2. Permanent measures. Permanent erosion control measures as required by the Director shall be installed and continuously maintained for the life of the project and shall include: 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; Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen materials to any surface water drainage course; and 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. Timing of operations. Ground disturbance including vegetation removal that disturbs the soil shall be prohibited between October 15 of any year and May 1 of the following year. Exceptions may be granted by the Director based upon the following: a. Predicted dry weather conditions; The construction activity is associated with existing disturbed conditions only and is not intended to allow for the commencement of new construction activity or new disturbance; c. Specific dates and scope of work involved in the construction activity; and The site shall be winterized and specific Best Management Practices implemented to control erosion and protect water quality within 48 hours of the Director's order to cease ground disturbance. Stabilization. Before October 15 in any year, permanent or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the requirements of this Section. Limitation on runoff. The net rate release of runoff from a site onto adjoining parcels and rights- of-way after construction shall not be greater than pre-construction levels of the runoff release from the site based on a 20-year, one-hour storm event. The Town Engineer may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements. September 2001 III-14 TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE General Property Development Standards 18.30 Maintenance. All required drainage and erosion control improvements shall be maintained for the life of the approved project, including routine maintenance, repair, and replacement of the improvements. Maintenance shall include: I. Unclogging of basins, pipes, swales, and trenches by debris, ice, and sediment; 22 Repair of damaged basins, pipes, swales, and trenches; 3. Replacement of unhealthy, damaged, or non-productive vegetation; and 4. Restabilization of erosion on slopes. F. Minor Use Permit required. Projects satisfying any of the following conditions will require the approval of a Minor Use Permit in compliance with Chapter 18.76: Projects within the 100-year floodplain of waters under the jursidiction of the State Regional Water Quality Control Board or projects required by the Regional Water Quality Control Board to obtain a waste discharge permit due to the potential for the discharge or threatened discharge of solid or liquid materials to surface waters, potential wetlands areas, or other sensitive lands. Docks, piers, ramps, and similar structures within the 100-year floodplain of Donner Lake shall not require the approval of a Minor Use Permit if constructed in compliance with Section 18.38.050(D); 2. Projects located on sites containing contaminated soils as identified by the Nevada County Health Department or the State Regional Water Quality Control Board; and Projects resulting in the disturbance of land or located within 200 feet of any wetland area unless the Director finds that the topographic conditions of the surrounding area will clearly preclude any disturbance of wetland areas and will ensure that any runoff from the project will not result in any water quality impacts to a wetland area. A wetlands delineation report shall be required for all projects requiring a minor use permit under this condition. The distmbance of wetland areas shall comply with Section 18.46.040 (Wetlands). 18.30.056 - Easements mo Structures within easements. No structure shall be allowed within public utility easements, access/driveway easements, drainage easements or any other easement offered for dedication to the County of Nevada or the Town, except with Minor Use Permit approval. A Minor Use Permit for a structure within an easement may be granted only where the review authority first finds that the structure will not interfere with the purpose of the easement. B. Snow storage easements. An encroachment permit shall be obtained from the Town Engineer prior to the placement of any fence or other structure within a snow storage easement. September 2001 111-15 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 18.30.060 - Exterior Lighting A. Exterior lighting. Exterior lighting shall be: 1. Architecturally integrated with the character of the structure(s); 2. Directed downward and away from adjoining properties and public rights-of-way; 3. Energy-efficient, and fully shielded or recessed so that direct glare and reflections am confined, to the maximum extent feasible, within the boundaries of the subject parcel; and 4. Completely turned off or significantly dimmed at the close of business hours when the exterior lighting is not essential for security and safety, and when located on parcels within nonresidential zoning districts. B. Permanent lighting. Permanently installed lighting shall not blink, flash or be of unusually high intensity or brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. C. Security lighting. Security lighting (e.g., safety motion detectors, etc.) shall be provided at all entrances/exits, except in the RR and RS zoning districts. D. Shielding requirements. Each outdoor lighting fixture shall be designed and installed so that no light rays will be emitted by the fixture at angles above a horizontal plane passing through the lowest point of the fixture. Exemptions to this shielding requirement include the following: 1. All neon outdoor lighting fixtures; 2. All outdoor lighting fixtures on facilities or lands controlled, operated, owned, or protected by public entities or public agencies provided the review authority finds that the shielding requirement is not reasonable or practical due to the purpose of the lighting and reasonable methods to minimize impacts on surrounding properties and the night sky have been incorporated into the project; 3. Emergency lighting operated by a public utility during the course of repairing or replacing damaged facilities; 4. Emergency lighting and f'Lxtures necessary to conduct rescue operations, provide emergency medical treatment, or address any other emergency situations; 5. Fixtures producing light directly by the combustion of fossil fuels (e.g., gas lamps or kerosene lanterns); 6. Internally illuminated signs; and 7. Lighting fixtures located at the entrance or exits of structures and pedestrian level lighting having an intensity not exceeding 75 watts. September 2001 III-16 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 E. Design criteria. External light fixtures, poles, and their foundations should be simple in design and compatible with and complementary to the style of surrounding development. Historical- themed fixtures are not appropriate for a contemporary building design, and modem fixtures are not appropriate for a structure with a significant historical design theme. Simple and functional designs are considered to be appropriate in most environments. Lighting standards should be of a scale that is compatible with their surroundings. Pedestrian-scale lighting (eight to 12 feet high) should be installed in areas where foot traffic is prevalent. Lighting fixtures for parking lots and private roadways should not be installed at a height greater than 20 feet. Color-corrected lamps of appropriate intensity should be used in exterior lighting. High- efficiency lamps that alter the colors of objects at night are discouraged. Incandescent, fluorescent, color-corrected sodium vapor, and mercury lamps should be used because they provide light with an appropriate color spectrum. 3. Lighting intensity should be the minimum required to serve the tasks for which the fixtures are intended. Exterior lighting should be considerate of both the neighbors and the community as a whole. Each new lighting scheme should actively strive to reduce negative light impacts. Light trespass is the ability to see the source of a light at the parcel's property line. If a light from a project casts a shadow at the property line, the light is considered to be trespassing. Lighting should be kept within the project boundaries. Fixtures like the "shoe box" design are capable of providing accurate light patterns and can often be used for lighting parking lots without spilling onto the neighboring property. 18.30.070 - Fences, Walls, and Hedges The following standards shall apply to the installation of fences, walls, and hedges, regardless of whether a permit or Town approval is required by this Section, except where an applicable Specific Plan establishes different standards. The provisions of this Section shall not apply to a fence or wall required by a law or regulation of the Town, State or an agency thereof. For the purposes of brevity, the term "fence" as used in this Section shall mean "fence, wall, or hedge." A. Permit requirement. Fences require Zoning Clearance in compliance with Chapter 18.72 in all zoning districts except where exempted from this requirement by following Subsection B. B. Exemptions from permit requirement. The following fences and walls do not require Zoning Clearance, but shall otherwise comply with all applicable provisions of this Development Code. 1. Fences within the residential zoning districts are exempt, provided that they comply with the height limits in following Subsection C. September 2001 III-17 TRUCKEE MUNICIPAL CODE - TITLE l 8, DEVELOPMENT CODE General Property Development Standards 18.30 Walls and retaining walls less than 48 inches in height measured from the bottom of the footing to the top of the wall. Retaining walls are exempt only in compliance with this height Iimit, and where they retain earth only with no surcharge, and are not required by Title 15 of the Municipal Code to have a Building Permit. C. Fence height limitations. Fences are subject to the height limitations shown in Table 3-1, based on the area of the site and the location of the fence on the site relative to the required setbacks established by Article II (Zoning Districts and Allowable Land Uses). See Figure 3-1. TABLE 3-1 HEIGHT LIMITS FOR FENCES, WALLS, AND HEDGES Maximum Allowed Height Based on Fence Location Within Within Within Outside Front or Street Side or Rear Rear Setback on Setback Side Setback Setback Through Lot Areas (1) Parcel Size Less than I acre 3 ft. (1,2,3) 6 lt. 3 ft. 6 ft. (4,6) I acre or more 3 ft. (2,5) 6 ft. (6) 6 ft. (2) 6 ft. (4,6) Notes: (1) Open fences up to a maximum of four feet in height may be allowed in front and street side setbacks if the Town Engineer finds that the fence will not adversely affect a front or street side setback traffic safety visibility area or interfere with street snow removal operations. An open fence shall be defined as a split board or rail fence (not exceeding three boards or throe rails high), woven sire, or chain link that does not impair sight visibility. (2) Fences up to a maximum of six feet in height may be allowed in street side setbacks if the fence is located oustide thc traffic safety visibility area. (3) Fences up to a maximum of six feet in height may be allowed in front and street side setbacks on residential properties that face commercial or industrial properties if the Town Engineer finds that the fence will not adversely affect a t¥ont or street side setback traffic visibility area or interfere with snow removal operations. (4) Fences up to a maximum of 20 feet in height may be allowed for tennis and other outdoor recreational courts outside the required setback areas. (5) On parcels of one acre or larger, fences up to a maximum of six feet in height may be allowed in front and street side setbacks if the Town Engineer finds that the fence will not adversely affect a front or street side tral'fic safety visibility area or interfere with street snow removal operations; (6) An open agricultural fence shall be allowed to a maximum height of eight feet in the side and rear setbacks and outside the required front and street side setback areas for property located in the RR and RC districts, provided that the Director first deternnncs that the fence is essential to a legitimate agricultural operation or animal keeping on the site. An open agricultural fence shall be defined as an agricultural board fence or split rail (not exceeding three boards or three rails high), barbed or woven wire or chain link that does not impair sight visibility. Entry features over front yard gates (e.g., arches and trellises), with a maximum height of eight feet, provided that the entry features are no wider than six feet. September 2001 III-18 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 3. Retaining walls shall be subject to the height and setback limits established by Section 18.30.120(F)(6) (Setback Requirments - Retaining Walls). 4. These height limits shall not apply to the following: a. Official governmental warning signs or signals; b. Public utility poles; c. Saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; d. Supporting members of appurtenances to permanent structures existing on the effective date of this Development Code; and e. Trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection. 5. Parcels with grade differential. a. Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of a fence constructed along the common property line shall be determined by using the natural grade of the highest contiguous parcel. b. When there is a difference in the ground level between two adjoining parcels of two feet or more, the maximum allowed height of a fence on the property line shall be determined by the Director. Prohibited materials. The use of barbed wire, electrified fence, or razor wire fence in conjunction with a fence, wall, or hedge, or by itself within any zoning district, is prohibited unless: 1. Approved as part of the land use permit, based upon a f'mding that the material is necessary for the security of the facility or is required by a law or regulation of the Town, State, or an agency thereof; or 2. The fence is a simple, one-strand horse electric fence in the RR and RC districts. September 2001 II1-19 General Property Development Standards TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.30 prope~lx line ' ~, outside of sight distance areas and required front xard.~ 35' sight distm~ce area 6 max height at front setback hne Isee figure 3-3 3 max. he~t xx ~thm the required front yard and ~/~ ~ x~ithin sight distance area ~" 35' sight &stance area 3' max height in street side yard sight distance area FIGURE 3-1 FENCE AND WALl., STANDARDS September 2001 Ili-20 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 18.30.080 - Grading and Vegetation Removal Preservation of the natural vegetation. To prevent premature grading of the existing terrain and to ensure preservation of the natural vegetation within the Town, grading and/or removal of natural vegetation shall not occur before the issuance of a land use permit (e.g., Zoning Clearance, Use Permit, etc.) authorizing development on the subject parcel, except for the following: 1. Grading and/or the removal of vegetation for a single-family residence on an existing subdivision lot; 2. Timber removal done in accordance with a timber harvesting plan approved by the California Department of Forestry and Fire Safety; Removal of vegetation done within an open space area by a subdivision homeowner's association or similar organization or a public agency in order to maintain the health of the forest and/or enhance fire safety; and 4. Removal of vegetation to comply with the fuel clearance regulations of the Truckee Fire Protection District. Building and Grading Permits. A Grading Permit shall not be issued until the associated Building Permits are issued, unless grading is secured with an appropriate performance guarantee in compliance with Section 18.84.040 (Performance Guarantees). C. Commission requirements. As part of the approval of a Development Permit or Use Permit involving grading, the Commission shall make one of the following findings: Performance guarantees in compliance with Section 18.84.040 (Performance Guarantees) shall be required prior to issuance of any grading or building permits for the project to guarantee restoration of the site if the project is not completed; 2. There is sufficient evidence demonstrating there is adequate financing for the project to guarantee that the project will be completed; or 3. Performance guarantees are not necessary, given the particular circumstances of the application. 18.30.090 - Height Measurement and Height Limit Exceptions All structures shall comply with the following standards relating to height, except for fences and walls, which are instead subject to the provisions of Section 18.30.070 (Fences, Walls, and Hedges). Ao Maximum height of structures. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses). September 2001 III-21 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 B. Height measurement. The height limit for structures shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior wails touch the natural grade. See Figure 3-2. In cases where the structure has a split roof(s) and the roofline of the split roof is five or more feet below the highest point of the structure and the floor area underneath the split roof extends at least 10 feet out from the remainder of the structure, the height limit for the structure shall be measured as the vertical distance from the average of the highest point of the structure and the highest point of the split roof to the average of the highest and lowest points of the structure where the exterior walls touch the natural grade. 2. In no case shall the height of any portion of a structure exceed a height greater than 10 feet above the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses) as measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-3. Highest point where exterior wails touch the natural grade Height Average 85' '70' - Lowest point ~M~ere exterior walls touch the natural grade FIGURE 3-2 HEIGHT MEASUREMENT September 2001 III-22 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Max height hnaginary plane '~ lMaximum ] ~height Not to sc~e Do FIGURE 3-3 MAXIMUM HEIGHT Exceptions to height limits. The height limits of this Development Code may be exceeded as follows. 1. Fire or parapet walls may extend up to four feet above the allowable height limit of the stmcture. Places of public assembly in churches, schools and other allowed public and semi-public structures, provided that they are located on the first floor of the structure and the required front, side, and rear yards shall be increased by one additional foot for each one foot by which the structure exceeds the height limit established for the applicable zoning district. Belfries, chimneys, cupolas, domes, flag poles, gables, monuments, penthouses, scenery lofts, spires, towers (e.g., hose, radio, utility, water, etc.), water tanks, similar structures, and necessary mechanical appurtenances may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a Minor Use Permit in compliance with Chapter 18.76. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, in compliance with Section 18.58.250 (Telecommunications Facilities). The height of a single family dwelling in a residential zoning district may be increased up to an additional five feet, when the dwelling is on a building site with an average slope of 25 percent or greater. Director exceptions to height limits. The Director may approve additional height up to a maximum of 10 percent of the height limit for a single family dwelling in a residential zoning district as follows: 1. The Director finds all of the following: September 2001 Ill-23 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 There am unique circumstances associated with the property or the structure design that necessitate an increase in the height limit to prevent an unnecessary hardship or to overcome practical difficulties in constructing the dwelling; b. The structure height and design is compatible with the neighborhood; c. The additional height of the structure will not significantly impair views from surrounding properties; and d. The structure height is not substantially taller than other structures in the neighborhood. 2. Prior to approving an exception to the height limit, notice of the Director's intent to approve an exception to the height limit shall be required in the following manner: Notice shall include a general explanation of the matter being considered, a general description of the height exception being requested, the date on which the Director may take action on the height exception, and the location and available times that information on the matter may be reviewed by the public; The notice shall be mailed or delivered to the owner(s) of the property being considered or the owner's agent, the applicant if different from the owner, and all owners of mai property as shown on the County's last equalized assessment roll within 100 feet of the boundary of the property which is the subject of the height exemption; c. The notice shall be posted in Town Hall; and d. The notice shall be mailed, delivered, and posted at least 14 days prior to the Director approving the height exception. 18.30.100 - Property Maintenance Purpose. This Section provides for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjoining property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance. Bo Property maintenance nuisances. It is hereby declared to be a public nuisance for any property owner or other person in control of property to keep or maintain the property, including adjoining parkways, sidewalks, or streets under fee ownership by that person, in a manner resulting in any of the following conditions. Abandoned materials. Any abandoned, discarded, dismantled, inoperable, wrecked equipment or objects including appliances, automobiles, boats, fixtures, furniture, refrigerators, trailers, trucks, water heaters, miscellaneous equipment and machinery, cans or containers standing or stored on the property or on adjoining parkway, sidewalks or streets which can be viewed from a public highway, walkway, or from private or public September 2001 III-24 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 property, or which items are readily accessible from these places, or which are stored on private property in violation of any law. Dangerous conditions. Any condition which exists upon any promises that is dangerous to human life or is detrimental to health as determined by the Director. Alterations. Any alteration of land, the topography or configuration of which in any man- made state whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence, or surface water drainage problems of a magnitude which would be injurious to public health, safety, and welfare. Disposal of petroleum products. Disposal or presence of grease, oil, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid waste in a manner which would consist of a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of surrounding properties. Outdoor storage in excess of one week. Lumber (excluding stacked firewood or lumber for a construction project on the property with a valid and active Building Permit), junk, salvage materials (including auto parts, bottles, scrap metals, tin cans, and tires, appliances, fixtures, furniture, refrigerators, water heaters, miscellaneous equipment and machinery), trash or packing boxes or other debris stored on the premises for a period in excess of one week. On-site repairs. Any performance of work on household fixtures, motor vehicles, or vehicle engines or parts, on a public right-of-way or performance of work in yard areas of residential properties which are visible from a public right-of-way or surrounding properties, other than emergency repairs or minor maintenance being performed by the owner of the fixture or vehicle. Vehicles as temporary or permanent living space. Use of a parked or stored boat, camper shell, trailer, vehicle, or other similar item as temporary or permanent living space for a period in excess of two weeks. Storage of building materials. Accumulations of asphalt, bricks, building materials, concrete, fill dirt, plaster, rocks, and tile unless for a construction project on the property with a valid and active Building Permit. Graffiti. The presence of graffiti, as defined in Chapter 18.220 (Definitions, Glossary). Maintenance. Property failing to meet minimum levels of maintenance and care as follows: Walls, fences, other structures. All walls, fences, trash enclosures, and other structures shall be maintained free of significant surface cracks, dry ret, missing panels or blocks, and warping, which threaten structural integrity; September 2001 III-25 TRUCKEE MUNICIPAL CODE - T1TLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Structure elevations and roofs. Exterior structure surfaces and roofs shall be maintained free of significant surface cracks, dry rot, missing blocks or other materials, or warping, which threaten structural integrity; and Trash and debris. The property shall be maintained free of the accumulation of trash and debris not stored in designated solid waste enclosures. Trash and debris associated with allowed uses are to be stored solely in designated solid waste enclosures. 18.30.110 - Screening and Buffer All multi-family and non-residential land uses shall comply with the screening and buffer requirements of this Section. mo Screening and buffer between non-residential and residential land uses. Where a non- residential development or new land use is proposed on a parcel in the CG, CS, CH, or M zoning district, and adjoins a residential zoning district, the following screening/buffering features shall be constructed as part of the development or land use. A six-foot high, solid decorative masonry wall or solid fence or a combination of landscaping, berm and fencing, or wall shall be constructed between the non-residential use and residentially-zoned parcels. The wall shall be architecturally treated on both sides, and the design of the screening (e.g., berm and fencing, landscaping, or wall) shall be subject to the approval of the Director. A landscaping strip with a minimum width of five feet shall be provided along the wall or fence. If adjoining a parking area, the landscaped area may be counted towards required interior parking lot landscaping. 2. All proposed or required landscaping shall comply with Chapter 18.40 (Landscape Standards). The review authority may modify or waive the requirements of this subsection or approve alternatives to the screening and buffer methods if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the alternative will achieve the same effect of the required screening and buffer. Bo Screening and buffer between neighborhood commercial and residential land uses. Where a non-residential development or new land use is proposed on a parcel in the CN zoning district, and adjoins a residential zoning district, the following setback, screening, and landscaping features shall be provided as part of the development or land use. Setbacks. If the proposed commercial use is in a commercial zoning district and adjoins a residential zoning district, but is not separated by a street, the required setback for a structure adjacent to a residential zoning district shall be equal the height of the building, but in no case shall the setback be less than 15 feet. Screening. A solid decorative masonry wall or solid fence with a minimum height of six feet, or higher if required by an acoustical analysis to mitigate noise impacts, shall be constructed and maintained on the project site along the common property line. Pedesthan September 2001. III-26 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE General Property Development Standards 18.30 access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the Director. Landscaping. A landscaped strip shall be provided adjacent to the wall with the intention of providing a planting area for trees and shrubs on the commercial site. The width of the landscaped strip shall be a minimum of five feet. Larger areas may be required by the review authority for larger projects which shall be determined on a case by case basis. Landscaping shall be designed to visually screen the commercial development from the residences and to effectively break up the otherwise long, flat appearance of the wall. Trees shall be provided at a rate of one for every 20 lineal feet of landscaped area, and shrubs shall be provided at a rate of one for every five lineal feet of landscaped area. Additional trees and shrubs may be required by the review authority as determined on a case by case basis. c. The use of the landscaped setback for passive activities (e.g., lunch area, pedestrian path, snow storage) shall be subject to the approval of the Director. Exceptions to screening and buffer requirements. The requirements of this subsection may be modified or waived through the approval of a Minor Use Permit in compliance with Chapter 18.76. Screening and buffer between multi-family and single-family residential uses. Wherever a multi-family residential project adjoins a site developed with or zoned for a single-family residence, but is not separated by a street, a six-foot high solid wood fence or decorative masonry wall shall be constructed along the property line adjoining the single-family residential use. The review authority may modify or waive the requirements for the fence or wall if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the fence or wall would adversely affect neighborhood compatibility and other screening and buffer methods have been incorporated into the project to achieve the same effect of the required fence or wall. Do Equipment. Any equipment in multi-family and non-residential zoning districts, whether on a roof, the side of structure, or ground, and any loading docks, service yards, trash and storage areas, and utility services, shall be properly screened from public view. 1. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, shape, and size. The screening design and construction shall be subject to the approval of the Director, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground. 18.30.120 - Setback Requirements and Exceptions This Section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for: visibility and traffic safety; access to and September 2001 II1-27 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation. Setback requirements. All structures shall comply with the setback requirements of the applicable zoning district established by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code, except as otherwise provided by this Section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way. Each required setback shall be open and unobstructed from the ground upward, except as provided in this Section. B. Exemptions from setback requirements. The minimum setback requirements of this Development Code apply to all uses except the following: 1. Fences or walls six feet or less in height above the natural grade of the parcel; except on coruer lots and within front yards in compliance with Section 18.30.070; Decks, earthworks, free-standing solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements which are placed directly upon the finish grade and do not exceed a height of 18 inches above natural grade at any point; 3. Retaining walls less than four feet in height above the surrounding finish grade at any point; 4. Parking pads with railings four feet or less in height; and 5. Basketball baskets and supports. C. Allowable setback reductions. A side yard setback other than that required by this Article or Article II (Zoning Districts and Allowable Land Uses) may be authorized on residential lots through Minor Use Permit approval. The required street side setback may be reduced by the Town Engineer by a maximum of five feet on residential lots that are less than 80 feet wide if the Town Engineer finds that the reduced setback will not adversely affect a front or street side visibility area or interfere with street snow removal operations. D. Measurement of setbacks. Setbacks shall be measured as follows. See Figure 3-4. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest line of the structure, except as follows. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established lines. Whenever an access easement for a public street or private street traverses a parcel, front yard setbacks shall also be measured from the outer edges of the easement. September 2001 III-28 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 o a. Averaging. The required front yard setback may be calculated based on an averaging of adjoining parcels only under the following circumstances: (1) In the RS, RR, DRS, DRM, and DRH zoning districts, where 25 percent or more of the parcels located on the same side of the street and within 200 feet of the parcel or between the nearest intersecting streets, whichever is less, have been improved with structures at the time of adoption of this Development Code, the required front yard depth for the applicable zoning district may be reduced to a depth not less than the average depth of the front yards of the parcels with existing structures; and (2) When an interior parcel in an RS zoning district adjoins a parcel in any other zoning district, the depth required for the front yard on the interior parcel may be reduced to not less than the average of the required depth and the width or depth of the yard required on the parcel in the other zoning district, which adjoins the street on which the interior parcel faces. Corner parcels. The measurement shall be taken from the nearest line of the stmcture to the nearest point of the property line adjoining the street which has the narrowest parcel frontage. Whenever a future fight-of-way width line is officially established for a street, required setbacks shall be measured from the established line(s); and Flag lots. The measurement shall be taken from the nearest line of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-5. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards. Street side yard setbacks. The side yard on the street side of a comer parcel shall be measured from the nearest point of the side property line adjoining the street to the nearest line of the stmcture. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except: a. The rear yard on the street side of a through lot shall be measured from the nearest point of the rear property line adjoining the street; or Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. See Figure 3-6. September 2001 ili-29 TRUCKEE MUNICIPAL CODE - TITLE I. $, DEVELOPMENT CODE General Property Development Standards 18.30 stlcct side setback ', Rear Side ~lhack ; setback Fron! lot line FIGURE 3-4 LOCATION AND MEASUREMENT OF SETBACKS "Flag Pole" Front Setback Street FIGURE 3-5 FLAG LOT SETBACKS September 2001 III-30 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 ' ,~,, Setback \ imaginary rear property line located at a maximum distance from street where a five foot line can be located parallel to street line. FIGURE 3-6 REAR SETBACK MEASUREMENT ON TRIANGULAR AND IRREGULAR LOTS · .... '~. 30" Max." '-~~~-~. ~. 36" Mare '~"~ imum Requked '~. Side Setback FIGURE 3-7 EXAMPLES OF ALLOWED PROJECTIONS INTO SETBACKS September 2001 III-31 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Eo Allowed projections into setbacks. Attached architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 3-2, below. Other portions of single-family dwellings may extend into required setbacks in compliance with Subsection F.7 (Setback requirements for specific structures and situations - Single-family dwellings). TABLE 3-2 ALLOWED PROJECTIONS INTO SETBACKS Allowed Projection into Specified Setback Projecting Feature Front Side Rear Setback Setback Setback Balconies, bay windows, and other 36 in. 36 in. (1) 5 ft. cantilevered features providin~ floor area Chimney/fireplace, 6 ft. or less in width 30 in. 30 in. (2) 30 in. (2) Canopy, cornice, eave, roof overhang 36 in. 36 in. (3) 5 ft. Deck, porch, which may be roofed but is 6 ft. 36 in. (1) 6 ft. otherwise unenclosed, 18 in. or more above natural grade (4) Stairway, not attached to a deck, not enclosed, 6 ft. (5) 36 in. (1) 6 ft. and does not extend above the ground floor as measured from the driveway grade adjacent to the garage or house Notes: (1) Feature may project no closer than seven feet to any side property line. Feature may not project into the side yard setback in the DRS and DRM districts. See Section 18.30.120(F)(7) for exceptions. (2) Feature may project no closer than three feet to any side or rear property line. (3) Feature may project no closer than seven feet to any side property line; or three feet to any side property line in the DRS, DRM, and DRH districts only if the structure has a non-shedding roof. See Section 18.30.120(F)(7) for exceptions. (4) Decks less than 18 inches above natural grade are exempt. (5) Covered walkways and stairways adjoining garages within the front yard setback may project into the front yard setback up to the front of the garage. F. Setback requirements for specific structures and situations. Dwelling groups. An inner court providing access to a multi-family dwelling group (constructed and located face-to-face) shall provide a minimum width of 10 feet between the rows for single-story structures with an additional five feet of width for each additional floor above the first floor. 2. Fences. See Section 18.30.070 (Fences, Walls, and Hedges). 3. Garages. Except on flag-shaped lots, a garage for a single-family residence, including detached and attached second units, may be located within the front yard or street side setback area, up to one foot from the front or street side property line. When the face of a garage entrance, situated approximately parallel to a front or street side property line September 2001 III-32 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 18.36.060 - Criteria for Use Permit Approval The Commission shall evaluate a Use Permit application for hillside development based on the following objectives, and the findings required for Use Permits by Chapter 18.76: A. The preservation of natural topographic features and appearances by means of landform grading so as to blend constructed slopes into the natural topography; B. The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites; C. The retention of major natural topographic features - drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas; D. The preservation and enhancement of prominent landmark features - significant ridgelines, rock outcroppings, prominent trees and woodlands, and other areas of special natural beauty; E. The use of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain; The use of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; The use of building designs, locations, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; The preservation and introduction of plant materials to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and The use of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides. September 2001 III-64 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 adjoining a public street, the garage shall be set back a minimum of 20 feet from the edge of the pavement of the adjoining street, including sidewalks. In other cases, the garage shall be set back a minimum of I0 feet from the edge of the pavement of the adjoining street. b. The garage shall not be located within a traffic safety visibility area. Except for a vehicle entry door, there shall be no windows or other openings (e.g. door entry) on the garage elevation that is parallel to and facing the street and within the front setback setback area. d. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line(s). e. A garage within the front yard setback shall not exceed one story or 20 feet in height, whichever is less, as measured from the driveway grade at the garage entry door. The use of the garage shall be limited to laundry facilities, parking of vehicles, personal work areas, and storage. Living space such as a recreation room, home office, bedroom, living room, and kitchen shall not be allowed in conjunction with a garage within the front or street side setback area, except that living space may be authorized below the garage, on a down sloping parcel, with the approval of a Minor Use Permit in compliance with Chapter 18.76. Uncovered decks with railings four feet or less in height may be allowed on the top of the garage. A cornice, eave, or roof overhang for a garage may extend beyond the wall that is parallel to and facing the street to a maximum of 36 inches, up to one foot from the property line. 4. Hot tubs, swimming pools/spas, and other site design elements. a. Site design elements less than 18 inches above natural grade are exempt from setback requirements. Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements, and which equal or exceed a height of 18 inches above natural grade at any point, shall conform to the setback requirements. Swimming pools, or other recreational pools or landscape ponds, may be located in a required front, rear, or side yard, subject to the approval of a Minor Use Permit, in compliance with Chapter 18.76, and applicable Building and Health Codes. Residential accessory uses and structures. Residential accessory uses and structures shall be provided setbacks in compliance with Table 3-3 (Required Setbacks - Accessory Uses and Structures). September 2001 Ill-33 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 TABLE 3-3 REQUIRED SETBACKS - RESIDENTIAL ACCESSORY USES AND STRUCTURES Accessory, Use/Structure Type of Setback (1) Required Setback (2) Air conditioning equipment, pool and spa Sides, rear 5 feet equipment, ground-based antennas Garage Front, street side 1 foot and 20 feet from edge of street pavement Gazebo. greenhouse, patio cover Front, street side 15 feet Rear 15 feet lbr single family dwelling, 10 feet for multi-family dwellings Interior (3) 6 feet Propane tank Front, street side As required for main structure. Sides, rear 0 feet (4) Stationary barbecue, fire pit Sides, rear 5 feet Swimming pool, spa, fish pond, outdoor play Street side As required for main structure. equipment s Sides, rear 5 feet Other structures greater than 120 square feet Front, street side, sides, As required for main stmcture. rear Structures less than 120 square feet and greater Front, street side As required for main structure. than 6 feet in height Sides, rear 5 feet Structures less than 120 square feet and 6 feet Front, street side, sides, 0 feet or less in height and not covered elsewhere in rear this section Notes: (I) (2) (3) (4) When a setback is not specified, the setback shall be as required for the main structure. Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director. A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel. See Chapter 18.220 (Definitions, Glossary) for the definition of interior setback. Propane tanks must comply with the side, rear, and interior setback requirements of the Town Building Code and the Truckee Fire Protection District. September 2001 III-34 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE General Property Development Standards 18.30 Retaining walls. (Retaining walls up to four feet in height are exempt from setback requirements.) a. Retaining walls from four to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel; and Retaining walls greater than six feet in height, or retaining walls greater than four feet in height where the exposed side of the wall faces out from the subject parcel, shall conform to the setback requirements. Retaining walls greater than four feet in height for driveways and driveway structures may be located within a required front yard setback if the Town Engineer finds that the wall will not adversely affect a front or street side traffic visibility ama or interfere with street snow removal operations. Propcrt) Line Faces ul 4 ['oot max when located xvithin setback FIGURE 3-8 RETAINING WALLS IN SETBACK Single-family dwellings. Single-family dwellings may extend into required setbacks as follows. ao Front setbacks. Where an existing sloping parcel contains 40,000 square feet or less in net area, setback requirements are not specified on the recorded subdivision map, and the average difference in elevation in the first 60 feet of the parcel measured perpendicularly between the edge of the pavement or traveled way and the structure is one vertical foot for every four horizontal feet (1:4) or more, the front setback for a single-family dwelling may be reduced up to 50 percent of that required for other parcels in the same zoning district. September 2001 III-35 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Side setbacks. A single-family dwelling and related accessory structures may extend up to two feet into a required side setback, but no closer than eight feet to a side property line, and allowed projections as listed in Table 3-2 (Allowed Projections Into Setbacks) may be located up to five feet into a required side setback, but no closer than five feet to any side property line, only as follows: (1) The average width of the parcel at the building pad is 80 feet or less; (2) The wall of the structure is located no closer than 15 feet to the wall of any structure on an adjoining parcel; (3) The pitch of any portion of the roof within the side yard setback is not directed toward the side property line or the structure has a non-shedding roof with a deed restriction recorded on the property that limits the type of roofing materials to non-shedding materials; and (4) Windows and other wall openings of the structural wall within the side setback are limited to five percent or less of the total area of the wall. Side setbacks for nonconforming structure. An addition or modification to a single family dwelling that encroaches into the side setback may extend up to five feet into a required side setback, but no closer than five feet to a side property line, as follows: (1) The Director finds all of the following: (a) The height and design of the addition or modification is compatible with the existing structure; (b) The side yard setback for the addition or modification is equal to or greater than the side yard setback for the existing dwelling; (c) The building frontage, as measured in lineal feet, of the addition or modification within the side yard setback does not exceed the building frontage of the existing dwelling within the side yard setback; and (d) The addition or modification will not exacerbate any problems resulting from the side yard encroachment (e.g. roof shedding of snow onto adjacent property). (2) Prior to approving an addition or modification in the side yard setback, notice of the Director's intent shall be required in the following manner: (a) Notice shall include a general explanation of the matter being considered, a general description of the setback reduction being requested, the date on which the Director may take action on the request, and the location and available times that information on the matter may be reviewed by the pulic; September 2001 Ill-36 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 (b) The notice shall be mailed or delivered to the owner(s) of the property being considered or the owner's agent, the applicant if different from the owner, and all owners of real property as shown on the County's last equalized assessment roll within 100 feet of the boundary of the property which is the subject of the setback reduction; (c) The notice shall be posted in Town Hall; and (d) The notice shall be mailed, delivered, and posted at least 14 days prior to the Director approving the setback reduction. Traffic safety visibility areas. Structures shall not be altered, constructed, erected, or moved, so that they are located closer to a street line than is necessa~ to provide adequate space for on-site traffic/vehicle maneuvering and the structures shall not be located within a traffic safety visibility area except for fences as permitted by Section 18.30.070(C) (Fence Height Limitations). See Figure 3-4. Go Structures in front yard setback. Any damage sustained to any fence, garage, wall, barrier, or other building or structure located within the front yard setback as the result of snow removal operations other than direct contact by snow removal equipment, shall be the sole responsibility of the property owner and the Town shall have no liability whatsoever therefore. 18.30.130 - Snow Storage All development and proposed land uses that are planned with off-street parking and circulation areas, except single-family dwellings, secondary residential units, and duplexes, shall be designed and constructed to provide snowy storage areas in compliance with the minimum standards of this Section. A. Application content requirements. All land use permit applications subject to this Section shall include identification of required snow storage areas on the required site plan. B. Minimum storage area required. Each unenclosed parking area, including circulation drives and aisles, shall provide a snow storage area(s) as follows. 1. In areas with a snow load less than 200 pounds per square foot, the required snow storage area shall equal at least 50 percent of the total parking and driveway area. 2. In areas with a snow load of 200 pounds per square foot or greater, the required snow storage area shall equal to at least 75 percent of the total parking and driveway area. The review authority may reduce or waive the required snow storage area(s) if the review authority finds one of the following: (a) The size and configuration of snow storage area(s) allow ramping or other removal and storage methods which reduce the amount of area necessary to store snow in comparison to normal snow removal and storage operations; (b) A long-term snow hauling plan is adopted as part of the land use permit and the snow hauling plan demonstrates the property owner and/or snow removal contractor has September 200 ! III-37 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 sufficient rights to an off-site storage area(s) to store excess snow from the property with an acceptable method to transport the snow from the property to the off-site storage area(s); or (c) An acceptable methods to remove and store snow from the property has been adopted as part of the land use permit and such method(s) clearly demonstrate that the amount of snow storage area(s) required by this section is not necessary. C. Location. Snow storage areas: 1. Shall be located near the sides or rear of parking areas, away from the primary street frontage; 2. Shall be located to maximize solar exposure to the greatest extent feasible. Areas shaded by stmctures or vegetation shall be avoided; Shall be located so that snow moving equipment is not required to enter the public streets to move snow to the storage area; Shall be located in areas that are substantially free and clear of obstructions (e.g. propane tanks, trees, large boulders, trash enclosures, utility pedestals); 5. May be located within parking areas but such areas may not be counted towards meeting parking requirements for the use; and 6. May be located within required landscaping areas but the areas shall be planted with landscaping tolerant of snow storage or be native vegetation. D. Minimum dimensions. The minimum dimension of a snow storage area shall be 10 feet in any direction. Drainage. Snow storage areas shall be designed to provide adequate drainage to prevent ponding and the formation of ice, especially within pedestrian areas and driveways. Drainage from snow storage areas shall be directed towards on-site drainage retention/treatment facilities. 18.30.140 - Solar Access and Solar Equipment Guidelines Passive heating and cooling opportunities should be incorporated into single-family residential subdivisions and multi-family residential projects as provided by this Section. A. Orientation of structures. Future structures should be oriented to maximize solar access opportunities. Pools and spas. A pool or spa facility owned and maintained by a homeowner's association or multi-family rental complex shall be equipped with a solar cover. Solar water heating systems are encouraged. C. Collector installation. Solar collectors, if provided, shall be located and installed in the following manner: September 2001 II1-38 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 1. Roof-mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors; 2. Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible; Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof. Solar panels may be placed on a flat roof in an angled position if they are appropriately screened from view by elements that are compatible with the architectural style, color, and use of materials on the main portions of the building.; Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials and other dominate colors of the structure. D. Obstruction of solar access. Structures (building, wall, fence, etc.) should not be constructed or new vegetation placed or allowed to grow, so as to obstruct solar access on an adjoining parcel. 18.30.150 - Solid Waste/Recyclable Materials Storage This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). A. Required storage for multi-family projects. Multi-family residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas as follows: Individual unit storage area requirements. Each dwelling unit shall be provided an internal area of a minimum of six cubic feet designed for the storage of solid waste and recyclable material. A minimum of three cubic feet shall be provided for solid waste and a minimum of three cubic feet shall be provided for recyclable material; and Common storage area requirements. Table 3-4 establishes minimum requirements for common solid waste and recyclable material storage areas for multi-family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These minimum requirements may he reduced by the Town Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses. All required storage areas are measured in cubic feet. September 2001 II1-39 TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE General Property Development Standards 18.30 TABLE 3-4 MULTI-FAMILY SOLID WASTE STORAGE AREA REQUIREMENTS Minimum Storage Area Required (cu.ft.) Number of Dwellings Solid Waste Recycling I Total Area 5- 16 81 81 162 17-32 162 162 324 33-48 243 243 486 49-64 324 324 648 65-80 405 405 910 81+ Every additional 16 dwellings, or fraction thereof, shall require an additional 8l cu.ft, for solid waste and 81 cu.ft, for recyclables. Required storage area for non-residential structures and uses. Non-residential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas in compliance with Table 3-5. These requirements may be reduced by the Town Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable matehals generated by the structures and uses. All required storage areas are measured in cubic feet. TABLE 3-5 NON-RESIDENTIAL SOLID WASTE STORAGE AREA REQUIREMENTS Minimum Storage Area Required (cu.ft~) Building Floor Area ] (sq.ft.) Solid Waste Recycling] Total Area up to 10,000 81 81 162 10,001-30,000 162 162 324 30,001-60,000 324 324 648 60,001+ Every additional 30,000 sq.ft., or fraction thereof, shall require an additional 162 cu.ft, for solid waste and 162 cu.ft, for recyclables. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner: Solid waste and recyclable material storage shall be adjacent/combined with one another. They may only be located inside a specially-designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not September 2001 III-40 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 be located in a required front yard, street side yard, parking, landscaped or open space areas, or any area(s) required by the Municipal Code to be maintained as unencumbered; The storage area(s) shall be accessible to residents and employees. Storage areas within multi-family residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve; and Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley. D. Design and construction. The storage areas shall be designed and constructed to: 1. Be compatible with the project and surrounding structures and land uses; 2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials; 3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers; 4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and Be appropriately located and screened from view on at least three sides subject to the approval of the Director. The method of screening shall be architecturally compatible with the surrounding structures. Required storage for subdivisions. New subdivisions with 50 or more parcels shall provide a corm-nunity area and facilities for the collection and storage of recyclable materials for the the subdivision. The size, location, and type of facilities for recyclable materials storage shall be determined by the Commission as part of the tentative map approval. 18.30.160 - Undergrounding of Utilities Proposed development, including residential subdivisions, shall provide for the undergrounding of existing and proposed utility facilities in compliance with this Section. The requirements of this Section do not apply to proposed residential parcels larger than three acres, and existing or proposed major electrical transmission lines. mo Facilities to be undergrounded. All electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development shall be installed underground from the nearest above-ground utility service, except for equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. New poles or overhead lines shall not be allowed. All existing electric, telecommunication, and cable television lines within the site or along streets fronting the site shall be installed underground from the nearest above-ground utility service. September 2001 II1-41 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE General Property Development Standards 18.30 Bo Responsibility of applicant. The applicant is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility(les) for facility installation. The review authority may modify or waive the requirements of this Section if the review authority finds topographical, soil, or any other conditions make underground installation unreasonable or impractical. The review authority may also require or accept an improvement fee for the future undergrounding of existing utility lines in lieu of complying with this Section. The amount of the improvement fee shall be determined by the Town Engineer after consulting with affected utility companies and special districts based on the costs to underground the required utility lines. In those cases where utilities are not installed underground, utility lines shall be located to minimize visibility in scenic vista areas. Co Location of installation. Underground utility lines shall be installed along roadways within street rights-of-way where possible. When installed within street rights-of-way, their location and method of installation shall be done in accordance with the Public Improvements and Engineering Standards. 18.30.170 - Vibrations The owner of an existing or proposed use which generates vibrations at levels that those emissions constitute a nuisance, in compliance with State law (Civil Code Sections 3479-3503), shall abate the nuisance, in compliance with Chapter 18.200 (Enforcement). September 2001 III-42 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Affordable Housing 18.32 CHAPTER 18.32 - AFFORDABLE HOUSING Sections: 18.32.0[0 18.32.020 18.32.030 18.32.040 18.32.050 18.32.060 18.32.070 18.32.080 - Purpose of Chapter - Eligibility for Bonus and Incentives -Types of Bonuses and Incentives Allowed - Continued Availability - Location of Bonus Units - Processing of Bonus and Incentive Requests - Priority Processing of Affordable Housing Projects - Findings for Denial of Affordable Housing Projects 18.32.010 - Purpose of Chapter As required by State law (Government Code Section 65915), this Chapter offers incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in Section 18.32.020 (Eligibility for Bonus and Incentives), below. The incentives include the ability to construct up to 50 percent more residential dwelling units than normally allowed by the applicable zoning district and General Plan designation, and other incentives provided by this Chapter. In offering these incentives, this Chapter is intended to implement the requirements of State law (Government Code Sections 65302, 65913, and 65915, et seq.) 18.32.020 - Eligibility for Bonus and Incentives In order to be eligible for a density bonus and other incentives provided by this Chapter, a proposed residential project shall: A. Consist of five or more dwelling units; B. Be designed and constructed so that at least: 1. 20 percent of the total number of proposed dwelling units are for lower income households, as defined in Health and Safety Code Section 50079.5; 10 percent of the total number of proposed dwelling units are for very low income households, as defined in Health and Safety Code Section 50105; or 50 percent of the total number of proposed dwelling units are for qualifying residents (senior citizens of any income level) as determined by Section 51.3 of the Civil Code; and C. Comply with all applicable provisions of this Development Code. September 2001 1II-43 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Affordable Housing 18.32 18.32.030 - Types of Bonuses and Incentives Allowed A residential project that satisfies all applicable provisions of this Chapter shall be entitled to the following density bonus and other incentives. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of this Development Code, the Commission is authorized to waive or modify development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible. A. Density bonus. The density bonus allowed by this Chapter shall consist of either: At least a 25 percent increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel as of the date of the project land use permit application; 2. Other incentives of equivalent financial value based upon the land cost for each dwelling unit; or Any combination of an increase in the number of dwelling units normally allowed by the zoning district and other incentives of financial value equivalent to a 25 percent increase in the number of dwelling units. A single project shall not be granted more than one density bonus in compliance with this Chapter. B. Other incentives. A qualifying residential project shall be entitled to at least one of the following concessions or incentives identified by State law (Government Code Section 65915(b)): A reduction in the parcel development standards of this Development Code (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements, public works improvements, and/or parking requirements); Approval of a mixed-use component in conjunction with the housing project if non- residential land uses will reduce the cost of the housing project, and the non-residential land uses are compatible with the housing project and surrounding existing and planned land USES; 3. Other regulatory incentives or concessions proposed by the developer or the Town that will result in identifiable cost reductions; A higher density bonus consisting of up to a 35 percent increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel or up to a 50 percent increase if the project site is located within one-quarter mile of a commercial center with a grocery store/drag store anchor and within one-quarter mile of a transit route; and A waiver or reduction of planning application fees, Building Permit application fees, Town traffic impact fees, recreation impact fees, and/or fire protection impact fees. September 2001 III-44 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Affordable Housing 18.32 The Commission shall approve one or more of the above incentives, notwithstanding the other provisions of this Chapter, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with State law (Government Code Section 65915(b)). 18.32.040 - Continued Availability The land use permit application for the residential project shall include the procedures proposed by the developer to maintain the continued affordability of the density bonus units in the following manner: Projects with Town funding -- 30 years. Projects receiving a direct financial contribution or other financial incentives from the Town, or a density bonus and at least one other concession or incentive as provided by Section 18.32.030, shall maintain the availability of the lower income density bonus units for a minimum of 30 years, as required by State law (Government Code Sections 65915(c) and 65916). Lower income density bonus units shall mean those affordable housing units for which a density bonus or other financial incentive was granted for the project; or Projects receiving density bonus only -- 10 years. Projects that receive a density bonus as the only incentive from the Town shall maintain the availability of lower income density bonus units for a minimum of I0 years. 18.32.050 - Location of Bonus Units As required by State law (Government Code Section 65915(g)), the location of density bonus units within the qualifying residential project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality. 18.32.060 - Processing of Bonus and Incentive Requests Proposed bonus and incentive requests shall be included as part of the land use permit application required for the residential project by Chapter 18.08 (Residential Zoning Districts) and shall be reviewed by the Commission in the following manner. At the discretion of the developer, a preliminary proposal may be submitted before any formal requests for General Plan amendments, zoning amendments, subdivision map approvals, or land use permit approval, to determine whether the project may qualify for the additional density and other incentives. The preliminary proposal shall contain information as specified in the instructions for preparing preliminary proposals, provided by the Department. Initial review of bonus request. The Director shall notify the develope? within 90 days of the filing of the project land use permit application or preliminary proposal of whether the project qualifies for the additional density and other incentives. September 2001 1II-45 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Affordable Housing 18.32 Criteria to be considered. Criteria to be considered in analyzing the requested bonus shall include the availability and capacity of infrastructure (road, sewer and water capacity, school capacity, etc.) to accommodate the additional residential density. Co Findings for approval. In addition to the findings required for the approval of a land use permit, the approval of the bonuses and incentives by the Commission shall also require the following special findings: In the event that the Town grants a density bonus, the project would not be a hazard or nuisance to the Town at large or establish a use or development inconsistent with the goals and policies of the General Plan; 2. In the event that the Town grants a density bonus, the number of dwellings approved by the land use permit can be accommodated by existing and planned infrastructure capacities; Adequate evidence exists to indicate that the development of the property in compliance with the permit would result in the provision of affordable housing in a manner consistent with the purpose and intent of this Chapter; In the event that the Town does not grant at least one financial concession or incentive as defined in State law (Government Code Section 65915) in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, for the sales price or rent for the targeted dwelling units to be set as specified in State law (Government Code Section 65915(c)); and There are sufficient provisions to guarantee that the dwelling units would remain affordable in the future. 18.32.070 - Priority Processing of Affordable Housing Projects A residential project that satisfies all applicable provisions of this Chapter shall be given priority over other types of projects and permits by all Town departments in the processing of land use permit and Building Permit applications, and in inspections of the project during the construction process. 18.32.080 - Findings for Denial of Affordable Housing Projects The review authority shall not deny a residential project affordable to very low, low, and moderate income households nor condition approval of the project in a manner which renders the project infeasible for development for the use of very low to moderate income households, unless such action by the review authority complies with the requirements of Section 65589.5 of the California Government Code. September 2001 III-46 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 CHAPTER 18.34 - FLOOD PLAIN MANAGEMENT Sections: 18.34.010 - Purpose of Chapter 18.34.020 - Applicability 18.34.030 - Definitions 18.34.040 - Warning and Disclaimer of Liability 18.34.050 - Variance Required 18.34.060 - General Provisions 18.34.070 - Provisions for Flood Hazard Reduction 18.34.080 - Consideration for Variances 18.34.090 - Conditions for Variance Issuance 18.34.010 - Purpose of Chapter A. This Chapter provides regulations for development within areas of potential flood hazard to: 1. Protect, conserve, and promote the orderly development of land and water resources; 2. Protect human life and health; 3. Minimize expenditure of public money for costly flood control projects; 4. Minimize the need for rescue and relief efforts associated with flooding; 5. Minimize prolonged business interruptions; 6. Minimize damage to public facilities and utilities; 7. Insure that potential buyers are notified that property is in an area of special flood hazard; 8. Insure that those who occupy areas of special flood hazard assume responsibility for their actions; 9. Preserve the natural hydrologic and hydraulic functions of watercourses and flood plains, and protect water quality and aquatic habitats; and 10. Preserve the natural characteristics of stream corridors in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development. September 2001 III-47 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 B. In order to accomplish the above purpose, this Chapter includes methods and regulations for: Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 4. Controlling filling, grading, dredging and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 18.34.020 - Applicability The regulations of this Chapter shall apply to all areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) or the Federal Insurance Administration (FIA) in a report entitled "Flood Insurance Study for Nevada County, California Unincorporated Areas" dated July 2, 1987, with an accompanying Flood Insurance Rate Map with map index dated July 2, 1987 or any subsequent revisions or amendments. The report is adopted by reference and is part of this Chapter. The Flood Insurance Study is on file at the Department. The Flood Insurance Study and Flood Insurance Rate Map are the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter. Uses shall not be established and structures shall not be constructed, located, extended, converted or altered without full compliance with the requirements of this Chapter and other applicable regulations of this Development Code. Docks, piers, ramps, and similar structures within the 100-year floodplain of Donner Lake shall be exempt from the provisions of this Chapter if constructed in compliance with Section 18.38.050(D) and approvals are obtained from all agencies with permitting authority. 18.34.030 - Definitions The following are definitions of special terms and phrases used in this Chapter. Other general definitions are provided in Chapter 18.220 (Definitions/Glossary). Encroachment. The advance or infringement of uses, plant growth, fill, excavation, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain. Fraud and victimization. As related to Section 18.34.080 (Consideration for Variances), the granting of the variance will not cause fraud on or victimization of the public. In examining this requirement, the Zoning Administrator will consider the fact that every new structure adds to government responsibilities and remains a part of the community for 50 to 100 years. Structures III-48 September 21)01 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Flood Plain Management 18.34 that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. Functionally dependent. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only piers and other docking and port facilities that are necessary for the loading and unloading of cargo or passengers and the seasonal mooring of boats and other watercraft. It does not include long-term storage or related manufacturing facilities. Hardship. As related to Section 18.34.080 (Consideration for Variances), the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Administrator requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a structure's lowest floor; provided, that the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas. New construction. For floodplain management purposes, structures for which the start of construction commenced on or after August 1, 1988, and includes any subsequent improvements to these structures. Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Public safety and nuisance. As related to Section 18.34.080 (Consideration for Variances), the granting of a variance must not result in anything that is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. September 2001 111-49 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Flood Plain Management 18.34 Start of construction. Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, (e.g., pouring of slab or footings, installation of piles, construction of columns) or any work beyond the stage of excavation, or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, (e.g., clearing, grading, and filling) nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of accessory buildings, (e.g., garages or sheds) not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not include either: Any project for improvement of a stmcture to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the Chief Building Official and which are the necessary to assure safe living conditions; or b. Any alteration of a historic structure, provided the alteration will not preclude the structure's continued designation as a historic structure. After August 1, 1988, the value of any work to be performed under a building permit issued after that date shall be compared to the total value of the structure at the time of the permit application to calculate the percentage of new construction, additions or repairs, under the permit. This percentage figure shall be added to any successive building permits that may be issued within a subsequent five year span. If the percentage of construction work performed under the successive building permit totals 50 percent or more, this work shall constitute a substantial improvement. If a structure undergoes substantial improvements, the entire structure shall comply with the provisions of this Chapter. September 2001 II1-50 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 18.34.040 - Warning and Disclaimer of Liability The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards, or uses permitted within these areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Town, any officer or employee thereof, the Federal Insurance Administration, Federal Emergency Management Agency, or the State of California, for flood damages that result from reliance on this Chapter or any an administrative decision lawfully made thereunder. 18.34.050 - Variance Required mo When required. A Variance (Chapter 18.82) shall be obtained before any construction or other development (not including trails, paths and sidewalks) begins within an area of special flood hazard. 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. Exempt work. A Variance shall not be required for grading or filling performed in the course of providing soil stabilization or erosion control measures for improvements that were in place as of the effective date of this Development Code or for the construction of docks and associated grading subject to the development standards for docks and approval by the Lahontan Regional Water Quality Control Board. Application content. A Variance application shall include the forms furnished by the Department and may include plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question, existing or proposed structures, fill, storage of material, drainage facilities, and the location of the foregoing. An application for a variance shall also include the following information: 1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Proposed elevation in relation to mean sea level to which any structure will be flood proofed; All appropriate certifications listed in Section 18.34.070 (Provisions for Flood Hazard Reduction); and 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 18.34.060 - General Provisions A. Use of other Base Flood Data. When base flood elevation data has not been provided, the Department shall obtain, review and utilize base flood elevation and floodway data available frotn September 2001 III-51 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 a Federal, State or other source, in order to administer Section 18.34.070 (Provisions for Flood Hazard Reduction). B. Notification. Whenever a watercourse is to be altered or relocated, the Department shall notify adjacent communities, the California Department of Water Resources, Federal Insurance Administration (FIA), and Federal Emergency Management Agency (FEMA) prior to the alteration or relocation, and submit evidence of the notification to FIA and FEMA. C. Public records. The Departlnent shall maintain the following information and certifications and make them available for public inspection: 1. Certification of lowest floor elevation in compliance with Section 18.34.070.A.3.a; 2. Certification of elevation or floodprooflng of non-residential structures in compliance with Section 18.34.070.A.3.b; 3. Certification of designs to automatically equalize hydrostatic flood forces in compliance with Section 18.34.070.A.3.c; 4. Identification of flood hazard areas for proposed tentative maps in compliance with Section 18.34.070.C; and 5. Certification of no increase in flood levels in compliance with Section 18.34.070.E. 1. Map determinations. The Department shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Grade elevation and the base flood elevation shall be used in determining the area of special flood hazard. 18.34.070 - Provisions for Flood Hazard Reduction A. Standards for construction. In areas of special flood hazards, the following standards are required: 1. Anchoring. a. New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads. b. All manufactured homes shall meet the anchoring standards of Subsection D., below. 2. Construction materials and methods. a. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Do September 2001 II1-52 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 b. New construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding. 3. Elevation and floodproofing New construction and substantial improvement of a structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation for all special flood hazard areas or zones. Non-residential structures may meet the standards in paragraph b. below. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. The certification shall be provided to the Department. b. Non-residential construction shall either be elevated in conformance with paragraph a. above or together with attendant utility and sanitary facilities: (1) Be flood proofed so that below an elevation of one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certification shall be provided to the Department. New construction and substantial improvements that have fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall meet or exceed the following minimum criteria: (1) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above finished grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified by a registered professional engineer or architect to comply with the guidelines for engineered openings in FEMA Technical Bulletin !-93. September 2001 III-53 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 B. Standards for utilities. 1. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Standards for subdivisions. All tentative map proposals shall identify the flood hazard area and the elevation of the base flood. A proposed subdivision shall not create or establish building sites, or pads within flood hazard areas. Roads, driveways, and utilities shall be designed to minimize flood damage. D. Standards for manufactured homes. Manufactured homes and additions to manufactured homes shall: 1. Be elevated so that the lowest floor is one foot above the base flood elevation; and 2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. E. Floodway. Floodways are located within special flood hazard areas and are extremely hazardous due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. The following provisions apply within floodways: 1. Encroachments, including fill, new construction, substantial improvements, and other development is prohibited unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in base flood elevations during the occurrence of the base flood discharge. 2. If paragraph 1. above is satisfied, new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this Section. 18.34.080 - Consideration for Variances A. Application review considerations. In reviewing applications for Variances to the requirements of this Chapter, the Zoning Administrator shall consider all technical evaluations, relevant factors, standards specified in this Chapter, and the following: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; September 2001 III-54 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 Bo 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities (e.g., sewer, gas, electrical, and water system, and streets and bridges). Findings for approval. In addition to the findings required for the approval of a Variance (Chapter 18.82), the following special findings are also required for development within special flood hazard areas: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the Variance would deny the applicant the right to develop the property, and would result in exceptional hardship to the applicant; A determination that the granting of a Variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances; 4. All required State and federal permits have been or will be obtained; 5. The site is reasonably safe from flooding; 6. The environmental document prepared for the project complies with the requirements of the California Environmental Quality Act; 7. The proposed development complies with all applicable provisions of Section 18.34.070 (Provisions for Flood Hazard Reduction). The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any one point. September 2001 III-55 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Flood Plain Management 18.34 Conditions of approval. Upon consideration of the factors of Subsection A. above and the purposes of this Chapter, the Zoning Administrator may impose conditions to the granting of a Variance as it deems necessary to further the purposes of this Chapter. Do Records and reporting. The Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration and Federal Emergency Management Agency upon request. 18.34.090 - Conditions for Variance Issuance Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places, the State Inventory of Historic Places, or the Town of Truckee Historic Resources Inventory without regard to the procedures set forth in this Chapter upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Variance is the minimum necessary to preserve the historic character and design of the structure. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the construction approved by the Variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements. For example, in the case of Variances to an elevation requirement, this means the Zoning Administrator need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Zoning Administrator believes will both provide relief and preserve the integrity of these regulations. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections A. through C. above are satisfied, and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Any applicant to whom a Variance is granted shall be given written notice that the issuance of a Variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation (up to $25 for each $100 of insurance coverage) and that any construction below the regulatory flood elevation increases risks to life and property. A copy of the notice shall be recorded in the office of the Nevada County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. September 2001 Ili-56 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 CHAPTER 18.36 - HILLSIDE DEVELOPMENT STANDARDS Sections: 18.36.010 18.36.020 18.36.030 18.36.040 18.36.050 18.36.060 Purpose of Chapter Applicability Application Content Standards for Hillside Development Design Criteria for Hillside Development Criteria for Use Permit Approval 18.36.010 - Purpose of Chapter This Chapter establishes regulations for development within hillside areas in order to: A. Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the Town; B. Ensure that development in the hillside areas is concentrated on the most level portions of the site, is in locations with the least environmental impact, and is designed to fit the existing land forms; C. Preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines, and rock outcrops; D. Correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; and Provide alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hillside areas including slopes, land form, vegetation and scenic quality. 18.36.020 - Applicability Hillside area. The standards of this Chapter apply to all uses, subdivisions, and structures proposed on development sites with an average slope of 10 percent or greater or on development sites with any slopes of 20 percent or greater; except that single-family dwellings, secondary residential units, duplexes, and residential accessory structures shall be exempt from the provisions of this Chapter. Basis for slope determinations. For the purpose of this Chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet. See Chapter 18.220 (Definitions, Glossary) for definitions on simple slope and complex slope and how to measure slope. C. Use Permit required. Hillside developments other than subdivisions with any development, including roads, streets, and driveways, proposed on slopes of 20 percent or greater shall be September 2001 111-57 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 subject to the approval of a Use Permit in compliance with Chapter 18.76. A soil and geotechnical study that identifies special constraints and mitigation measures to minimize grading, unstable soils, and erosion shall accompany the use permit application. The geotechnical study shall also analyze the landslide hazards of the site and their potential effect. 18.36.030 - Application Content Land use permit and subdivision applications for projects proposed within hillside areas shall include all information and materials required by Section 18.70.040 (Application Preparation and Filing), and all additional information required by the Director on the basis of site topography. 18.36.040 - Standards for Hillside Development Ao Bo Co Minimum lot area. The minimum lot area for new subdivisions in hillside areas shall be determined by the applicable zoning district, except where housing units are clustered and the project is approved as a Planned Development in compliance with Chapter 18.78. Clustered development required. Proposed hillside development shall be clustered in compliance with Chapter 18.46 (Open Space/Cluster Requirements). Preservation of steep slopes. Slopes of 30 percent or greater shall be permanently preserved as open space. Permanent open space areas may be used in compliance with Section 18.46.060 (Open Space Standards). Grading, structures, and/or streets on slopes exceeding 20% shall be avoided if there is sufficient area on the site with slopes less than 20% to accommodate development and streets. The Planning Commission may authorize grading and structures on slopes exceeding 30% only if the Commission finds there is not sufficient ama on the parcel with slopes less than 30% to accommodate a reasonable development, and measures have been incorporated into the development to minimize disturbance of the terrain (e.g. use of stem walls, split foundations). Do Setbacks between structures and slopes. Proposed structures shall be set back from slopes as follows, based on the difference in the vertical elevation between adjoining parcels. The difference in vertical elevation shall be measured as shown in Figure 3-9. On adjacent parcels having a differ- ence in vertical elevation of three feet or more, the required side yard shall be measured from the toe or top of slope to a structure, which-ever is nearer. FIGURE 3-9 SLOPE SETBACKS 2. On adjacent parcels having a difference in vertical elevation of six feet or more, the minimum distance between the toe or top of the slope, whichever is nearer, and a main September 2001 III-58 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 mo structure shall be 15 feet. Greater setbacks may be required when elevation changes greater than six feet are proposed. Height limits. The height of structures in a hillside area shall not exceed the maximum established by the applicable zoning district. Measurement of structure height shall be as provided in Section 18.30.090 (Height Measurement and Height Limit Exceptions). Lesser heights may be required where the structure may impair prominent views to or from hillside areas or prominent ridgelines. F. Grading and drainage. 1. Grading shall be designed to: Conserve natural topographic features and appearances by minimizing the amount of cut and fill and by means of landform grading to blend graded slopes and benches with the natural topography; and b. Retain major natural topographic features (i.e., canyons, knolls, ridgelines, and prominent landmarks.) Grading plans shall identify slopes that are to be landform graded. "Landform grading" means a contour grading method that creates artificial slopes with curves and varying slope ratios in the horizontal plane designed to simulate the appearance of the surrounding natural terrain. UNACCEPTABLE Regular Slopes- Sharp Cut ACCEPTABLE Varied Slopes - Smooth Cut FIGURE 3-10 LANDFORM GRADING Lot pad grading for subdivisions shall be limited to the structure footprint, vehicle parking space and a yard area as shown on the approved grading plan. Lot pad grading shall be reviewed and approved as part of the subdivision process. Pads shall not exceed 5,000 square feet in total area. Smaller pad areas may be required. September 2001 111-59 TRUCKEE MUN[CIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 Cut and fill slopes shall be designed and constructed to not exceed a vertical height of 10 feet, unless the review authority approves slopes of greater height with benching, terracing, and/or the use of retaining walls. 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 lbr the Truckee River Hydrologic Unit" as adopted by the Lahontan Regional Water Quality Control Board shall be required. Slopes created by grading shall not exceed a ratio of 2:1 (vertical:horizontal), except where the Director determines that a greater slope is appropriate, based on a soils report and stabilization study. 18.36.050 - Design Criteria for Hillside Development The following design criteria shall be implemented in the design and construction of projects on hillsides whenever applicable: Preservation of topography. The natural contour of the site is an important characteristic of the site, and new buildings should try to minimize alterations to the perceived slope of the area. Site grading should be sensitive to existing land forms and topography so that the natural setting may be preserved to the greatest extent possible. Every effort should be made to minimize the limits of construction on the site, and all stockpiling of materials and equipment and equipment storage should occur within those limits. Abrupt grade changes on property lines should not be permitted. Grade changes within tree driplines should be avoided. Terrain alteration. The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns which form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided. Co Street layout. Streets shall follow the natural contours of the terrain in order to minimize the need for grading. Cul-de-sacs and loop roads are encouraged where necessary to fit the natural topography subject to the approval of the Town Engineer and the Truckee Fire Protection District; D. Site and structure design. Site design shall utilize varying structure and setbacks, heights, split- level foundations, and retaining walls to terrace structures with the direction of the slope; September 2001 111-60 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 Eo Lot line locations. Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the up-hill owner (see Figure 3-11); Design and location of structures. Structures proposed on slopes shall be designed and located as follows. '7. The form, mass, and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques which may be considered include: Lot Line placement when slopes are homeowner maintained. FIGURE 3-11 LOT LINE LOCATION a. Split pads, stepped footings and grade separations to permit structure to step up the natural slope. b. Detaching parts of a dwelling (e.g., a garage). Excessive cantilevers should be avoided on downhill building elevations. Structures should be placed partly underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques. Roofs on lower levels should be used as the deck open space of upper levels. Architectural treatment shall be provided to all sides of the structure visible. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. Building materials and color schemes should blend with the natural landscape of earth tones and natural vegetative growth. To the extent possible, the width of a building measured in the direction of the slope, shall be minimized in order to limit the amount of cutting and filling and to better "fit" the house to the natural terrain. Structures should be placed to minimize disturbance of natural vegetation on slopes of 10 percent or greater. September 200 ! II1-61 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 Go Ho Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls over five feet in height shall be divided into elements and terraces with landscaping to screen them from view. Generally, no retaining wall should be higher than 10 feet. Where feasible, retaining walls should be constructed of the same materials as the primary buildings on the site. See Figures 3- 12 and 3-13. Open space preservation. Open space may be preserved by reducing the width of street improvements, reducing sidewalk widths, using common driveways and clustering units subject to the approval of the Town Engineer and Truckee Fire Protection District. FIGURE 3-12 RETAINING WALL MATERIALS UNACCEPTABLE Single reataining walt makes a massive scar on h~llside and is PREFERRED Terraced retaining wails break up mass and are eas~er to screen FIGURE 3-13 RETAINING WALL DESIGN Slope restoration. Transitional slopes shall be replanted with self-sufficient trees, shrubs and ground cover that are compatible with existing surrounding vegetation in order to enhance the blending of manufactured and natural slopes. Cuts and fills shall have good surface drainage and shall be revegetated and terraced or controlled by retaining walls to ""~~,~_ __Natural vegetation retained Graded slopes to be replac;;°d~ w~th native or naturalized plant materials. FIGURE 3-14 SLOPE RESTORATION protect against erosion and sedimentation. See Figure 3-14. September 2001 Ill-62 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Hillside Development Standards 18.36 Road alignment. The alignment of roads and driveways should follow the contours of the site. By meandering roads and driveways to follow land forms, it is possible to minimize cuts and fills, preserve natural drainage patterns, and produce roads that are easily negotiated. Roads should not be constructed perpendicular to contours. Reduced street widths. On-street parking lanes may be omitted from streets when the result is a substantial decease in cutting and/or filling. Off-street parking areas shall be provided to yield a ratio of one additional space per dwelling unit. Preservation of ridgelines. Prominent ridgelines shall be preserved. Structures located adjacent to prominent ridgelines should complement, rather than provide a stark contrast with, the natural landform(s). Structures shall not be closer to a prominent ridgeline than 100 feet measured horizontally on a topographic map. In no case, shall the roofline or any other portion of a structure extend above the line of sight between a ridgeline and any public right-of-way, whether the ridgeline is above or below the right-of-way. See Figures 3-15 and 3-16. / TO ACCOMODATE I "KNOB" REMAINING / HOUSE & ROADWAY ,/ ~'~]~ ~.~ ~-~ I FROM ROADWAY / TYPICAL BUIDLING PAIDS FIGURE 3-15 DEVELOPMENT DOES NOT PRESERVE RIDGELINE [i FItDGE STILL / APPEARS NATURAL NO HINT OF DEVELOPMENT RIDGE STILL PROVrDES VISUAL BACKDROP FOR HOMES FIGURE 3-16 DEVELOPMENT PRESERVES RIDGELINE September 2001 III-63 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 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. September 2001 III-65 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 18.38.040 - River and Stream Development Standards Ao 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. 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. )_ FIGURE 3-17 TRUCKEE RIVER SETBACK REQUIREMENTS 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; 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: III-66 September 2001 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 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). 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. 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. 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. 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). o 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. 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. 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. 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. September 2001 III-67 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 4. Allowed projections. Architectural features may extend beyond the wall of the stmcture 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; 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). Do 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. 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). 2o 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 (?/2) 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. 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 constmcted within required setbacks. o 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 September 2001 111-68 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 Do 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. 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. Dredging and underwater construction. Them 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 stmctum 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; 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. 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. 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 mom 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. September 2001 III-69 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Lake and River/Stream Corridor Development 18.38 September 2001 III-70 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Landscape Standards 18.40 CHAPTER 18.40 - LANDSCAPE STANDARDS Sections: 18.40.010 - Purpose of Chapter 18.40.020 - Applicability 18.40.030 - Landscape Plan Requirements 18.40.040 - Site Landscaping Requirements 18.40.050 - Landscape Standards 18.40.010 - Purpose of Chapter This Chapter provides standards for the provision of landscaping with development to achieve the following objectives: A. Enhance the aesthetic appearance of development throughout the Town by providing standards related to the quality, and functional aspects of landscaping; B. Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers; C. Provide for the conservation of water resources through the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety. 18.40.020 - Applicability All projects that require approval of a Zoning Clearance, Development Permit, Minor Use Permit, or Conditional Use Permit, except single-family dwellings secondary residential units, and duplexes, shall submit landscape plans, and provide and maintain landscaping in compliance with the provisions of this Chapter. Standards for landscaping within the public right-of-way in conjunction with a subdivision are located in Chapter 18.92 (Subdivision Design and Improvements). 18.40.030 - Landscape Plan Requirements Submittal of plans required. Landscape plans, and plans for the omamental use of water, including but not limited to lakes, ponds and fountains, shall be submitted to the Department for review for compliance with the requirements of this Chapter. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation. September 2001 111-71 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 Preliminary Landscape Plan. A Preliminary Landscape Plan shall be submitted as part of an application for a land use permit, for new development, and the significant expansion or redevelopment of an existing use as determined by the Director. Final Landscape Plan. Following approval of the land use permit, a Final Landscape Plan shall be submitted as part of the application for a Building Permit. Final plans shall be approved by the Director prior to the start of on-site construction or soil disturbance and prior to the issuance of a Building Permit. Projects requiring Commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor, licensed contractor, or owner-builder will be responsible for plant and irrigation installation. D. Landscape plan content. Preliminary and Final Landscape Plans shall contain all information specified in the instructions for preparing landscape plans provided by the Department. Review and approval. After initial application review in compliance with Section 18.70.060 (Initial Application Review), the Director shall review each Preliminary Landscape Plan and Final Landscape Plan to verify its compliance with the provisions of this Chapter. The Director may approve the submittal in compliance with this Chapter, or may deny or require changes to a submittal that is not in compliance. F. Effect of approval - Installation of landscaping. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. 18.40.040 - Site Landscaping Requirements Landscaping shall be provided in the locations and amounts specified in this Section. A. General requirements. Landscaping shall be provided as follows: Setbacks. All front yard setback areas and side yard setback space areas required by this Development Code adjacent to development areas shall be landscaped, except where a required setback is occupied by a drainage facility, structure, parking space, sidewalk or driveway or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Chapter. Disturbed areas. All disturbed areas of a project site not intended for a specific use, including pad sites in shopping centers held for future development, shall be landscaped with native trees, shrubs, and groundcover. Trees and shrubs shall be provided at a rate of one tree and four shrubs for every 100 square feet of landscaped area or fraction thereof. Disturbed areas include areas on the project site that are not associated with the project but were distmbed by previous grading activities, structures, and/or substantial removal of vegetation on the site. Credit for native plant retention areas. Where the review ;authority determines that a proposed site plan retains significant native trees and groundcover in the portions of the site proposed for development, the review authority may consider the native plant retention areas as counting toward the minimum percentages of site area required to be landscaped and the minimum number of trees required to be planted by this Section. September 2001 III-72 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 Bo Alternatives to landscape requirements. The review authority may modify the requirements of this section if the review authority finds that the landscape alternatives of the project will achieve the same effect as the landscape requirements of this section. Parking areas. Parking areas shall be landscaped as required by this Subsection. Parking lot landscaping, including perimeter screening, shall not be included to meet the landscape requirements of Subsection D. 1. Landscape materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs and ground cover. Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of landscape areas and islands. 3. Parking lot perimeter landscaping. The perimeter of parking lots shall be landscaped as follows. Adjacent to streets. Parking areas adjoining a street shall provide a landscaped strip at least six feet wide (inside dimension) between the street right-of-way and parking area. The landscaping shall be designed and maintained to screen cars from view from the street to a height of between 30 inches and 42 inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls or fences, raised planters, or other screening devices which meet the intent of this requirement. Trees shall be provided at a rate of one for every 20 linear feet of landscaped area or fraction thereof. Shrubs shall be provided at a rate sufficient to provide a dense screen to the required height but no less than one shrub for every five feet of linear feet of landscaped area or fraction thereof. Trees and stwabs need not be planted in a linear, spaced manner, but may be grouped together where appropriate. Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed 30 inches in height. bo Adjacent to side or rear property lines. Parking areas shall provide a perimeter landscaped strip at least six feet wide (inside dimension) where the facility adjoins a side or rear property line unless the parking lot is jointly used with the adjacent parcel. The perimeter landscaped strip may include a yard or buffer otherwise required. Trees shall be provided at the rate of one for every 20 linear feet of landscaped area or fraction thereof. Shrubs shall be provided at the rate of one for every five linear feet of landscaped area or fraction thereof. Co Adjacent to residential use. Parking areas for non-residential uses adjoining residential uses shall provide a landscape buffer in compliance with Section 18.30.110 (Screening). Parking lot interior landscaping. Landscaping shall be evenly dispersed throughout the parking lot at a ratio of 200 square feet of landscaped area for every five parking stalls or fraction thereof. Two trees and four shrubs shall be provided for every five parking stalls September 2001 III-73 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 or fraction thereof. Landscaping required by 18.40.040(B)(3) shall not be counted towards meeting the requirements of interior landscaping. Street buffer landscaping. A minimum five foot wide landscape strip shall be provided along all street frontages. Shrub heights shall not impair sight distance. Trees shall be provided at a rate of one for every 20 linear feet of street frontage or fraction thereof. Shrubs shall be provided at a rate of one for every five linear feet of street frontage or fraction thereof. Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped together where appropriate. Landscaping may be allowed within the street right-of-way and snow storage easements where approved by the Town Engineer. D. Zoning district landscaping requirements. Additional landscaping may be required through the land use permit process to provide visual relief or contrast, or to screen incompatible features. mo Landscaping between neighborhood commercial and residential land uses. See Section 18.30.110 (Screening) for requirements for landscaping between neighborhood commercial uses and adjacent residential uses. 18.40.050 - Landscape Standards Landscape areas and materials shall be designed, installed, and maintained as provided by this Section. A. General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans: Design requirements. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned; 2. Pedestrian accessibility. Pedestrian access to sidewalks or buildings should be considered in the design of all landscaped areas; 3. Subdivision landscaping. Landscape planting shall be provided for all adjacent public rights-of-way, in compliance with, Chapter 18.92 (Subdivision Design and Improvements); Protection. Areas containing plant materials shall be protected from damage by vehicles and snow removal equipment in accordance with the Public Improvements and Engineering Standards; 5. Irrigation. Landscaped areas shall be irrigated in compliance with Subsection C. below; 6. Berms. Where provided, earthen berms shall be a minimum three feet in height; and B. Plant materials. Plant materials shall be selected and installed in compliance with the following requirements: 1. A mix of plant materials shall be provided in compliance with Table 3-6. Calculations documenting the required mix shall be shown on the landscape plan; September 2001 III-74 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 TABLE 3-6 REQUIRED MIX OF PLANT MATERIALS I Required Plant Material Percentage of Mix Trees 24-inch box 15 gallon Shrubs 20% 80% 5 gallon 70% 1 gallon (herbaceous only) Groundcover 30% Coverage within 2 years ] 100% Co 2. Plant materials shall emphasize drought-tolerant and/or native species in compliance with Subsection D (water conservation), below; 3. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic safety sight areas; Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access; Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements; All landscape areas shall be planted with groundcover in all locations not occupied by other plant materials. Groundcover shall be of live plant material. Gravel, colored rock, bark, and similar materials may be used in combination with a living ground cover. Non-plant materials may be approved for use in limited areas through the landscape plan review process but shall not comprise more that 25 percent to the total landscaped area; and Any existing landscaping indicated on the approved landscape plan for retention that is damaged or removed during construction shall be repaired or replaced in kind with equivalent size. Irrigation. Landscaped areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas and in compliance with the following standards: September 2001 III-75 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 1. Equipment. a. Anti-drain valves. Integral, under the head, or in-line anti-drain valves shall be installed as needed to prevent low head drainage. b. Automatic control valves. Different hydrozones shall be irrigated by separate valves. Co Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers shall be digital, have multiple programs, multiple cycles, and have sensor input capabilities. d. Rain/moisture sensor devices. Rain or moisture sensing override devices may be required where appropriate. Sprinkler heads. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, and adjustment capability. Sprinklers shall have matched precipitation/application rates within each control valve circuit. Water meters. Separate landscape water meters or sub-meters may be required for projects where service includes both landscape and non-landscape. Landscape sub- meters, if used, shall be purchased, installed and maintained by the owner. go Drip irrigation. Drip irrigation systems may be approved if commercial or agricultural grade materials are used. Components shall be installed below the soil except for emitters. Runoff and overspray. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non irrigated areas, walks, roadways or structures. Water Conservation. Landscaping shall be designed for the efficient use of water, including provisions for efficient landscape systems. The selection of plant materials shall include indigenous or native plant materials, providing a variety in size, shape and height. The following minimum standards shall apply: 1. Plant materials. Plant materials shall emphasize drought-tolerant and/or native species: At least 80 percent of the plants selected in non-turf areas shall be suited to Truckee's climate and require minimal water once established. Exceptions to this requirement may be granted in situations where non-potable private well water is used for irrigation purposes; and b. Up to 20 percent of the plant material may be of a less drought-tolerant variety as long as they are grouped together and irrigated separately. September 2001 III-76 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Standards 18.40 2. Turf limitations. Tuff, grasses and other ground covers which are not drought tolerant shall be minimized. No more than 25 percent of the entire landscaped area may be covered with irrigated turf or grasses. b. Turfgrass shall be prohibited in median areas, in parkway areas less than eight feet in width, and on slopes of 15 percent or greater. Sloped turf areas adjacent to paved or impermeable surfaces (parking lots, walkways, etc.) shall be leveled off to a flat area at least throe feet wide between the slope toe and the hard surface. Turf areas exceeding !,000 square feet or used as an essential part of development, (e.g., golf courses or playing fields) shall utilize soil-moisture sensors and rain shut-off valves as part of their irrigation systems. 3. Irrigation. Plants shall be grouped according to their water needs, in hydrozones of high, medium and low water use with areas of each type calculated on the final plan. Irrigation systems shall be designed to reflect the needs of the various hydrozones of high, medium or low water used with each area served by a dedicated irrigation controller station. b. Irrigation systems shall be equipped with a controller capable of dual or multiple programs with a flexible calendar program. Drip, trickle or other low-volume irrigation shall be provided on no less than 90 percent of the landscaped area of commercial landscaping except for those areas devoted to turfgrass and fiat groundcover plants. If a licensed landscape architect or licensed landscape contractor verifies that a drip/trickle system is not feasible due to location, the percentage of drip/trickle irrigation may be further reduced. d. Sprinkler systems shall be designed to prevent overspray and runoff. Areas of sprinkler coverage shall be shown on the irrigation plan. Installation. Landscape materials and support equipment shown in an approved Final Landscape Plan shall be installed as follows: 1. Construction projects. Required landscaping shall be installed and verified by the Department prior to occupancy of the site; 2. Installation. Landscape materials and irrigation equipment shall be installed in compliance with the approved plans and specifications; Delayed installation. In the event that seasonal conditions prevent the effective installation of required landscape prior to occupancy, a conditional certificate of occupancy with a performance bond or similar instrument in the amount equal to 125 percent of the value of September 2001 1II-77 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Standards t 8.40 the landscape materials and labor for installation may be allowed, subject to the approval of the Director; and 4. Changes to design. Proposed changes to an approved Final Landscape Plan shall be approved by the Director. Installation and maintenance of landscape. All proposed and required landscaping is an integral part of an approved project, and shall be properly maintained in healthy condition for the life of the project. 1. Landscaping shall be installed and maintained consistent with the approved Final Landscape Plan and in a manner as to fully attain the objectives of this Chapter. The maintenance of approved landscape installations shall include regular watering, pruning, and fertilizing as necessary to maintain all plant materials in healthy condition. Maintenance shall also include: a. The regular clearing of debris and weeds; b. Removal and replacement of dead or dying trees and plants; and c. The maintenance and any necessary repair of irrigation systems. Failure to maintain landscaping is a violation of the land use permit for the project and this Development Code. Prior to two years after the establishment of an approved use, the project applicant shall provide the Director with a report prepared by the project landscape contractor or landscape architect which documents the condition of the landscaping, and provides recommendations as to whether any landscaping should be repaired, replaced, or installed. The recommendations of the report shall become a part of and incorporated into the Final Landscape Plan, and the landscaping shall be repaired, replaced, and installed within six months of the date of approval of the report by the Director. September 2001 111-78 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 CHAPTER 18.42 - LANDSCAPE DESIGN GUIDELINES Sections: 18.42.010 18.42.020 18.42.030 18.42.040 18.42.050 18.42.060 18.42.070 18.42.080 - Purpose of Chapter - Applicability - General Guidelines - Landscaping Along Streets - Project Entry Landscaping - Pedestrian Area Landscaping - Installation of Landscaping - Recommended Plant Materials 18.42.010 - Purpose of Chapter This Chapter provides landscape design guidelines that are intended as a guide to assist property owners and project designers in understanding the Town's goals for attaining high quality development that is sensitive to the Town's unique character and climate. 18.42.020 - Applicability These guidelines will be used during the land use permit process as additional project review criteria. The provisions of this Chapter apply to all development projects providing required landscaping, unless otherwise specified. Any addition, relocation, or construction requiring land use permit approval in compliance with Article IV (Land Use and Development Permit Procedures) shall adhere to these guidelines where applicable. These landscape design guidelines may be interpreted with some flexibility in their application to specific projects as not all design criteria may be workable/appropriate for each project. In some circumstances, the review authority may relax the application of one guideline in order to accomplish another, more important guideline. The overall objectives are to ensure that the intent and spirit of the design guidelines are followed and to attain the best possible design within reason. 18.42.030 - General Guidelines Proposed landscaping should relate to the scale of the structures on the site and should be compatible with the location, character and scale of adjacent landscaping that complies with the provisions of this Chapter. Landscaping should not be used to screen or hide an other,vise unattractive structure or other elements of the project (e.g. trash enclosures) that might be more appropriately located on parts of the site where screening may not be necessary. September 2001 1II-79 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 C. Landscape design should accent the overall design theme through the use of structures, arbors, and trellises that are appropriate to the particular architectural theme of the project. D. Landscape designs should generally use a three tier concept: 1. Hardy, low growing ground covers; 2. Medium height shrubs; and 3. Trees. E. The following are common landscape design concepts that can be used throughout the project site to increase the visual and functional quality of the development: 1. Specimen trees (minimum 24 inch box) used in informal groupings or rows at major focal points (e.g. project entry, pedestrian plaza, etc.); 2. Use of flowering vines both on walls and arbors; 3. Use of pots, vases, wall or raised planters for accents in locations which otherwise would be difficult to provide in-ground landscaping; 4. Use of planting to soften hardscape and provide shadows/patterns against walls; 5. Use of distinctive plants and colors as focal points; 6. Use of berms, plantings, and low walls to screen parking areas while allowing views to larger structures beyond; and 7. Dense landscaping to screen unattractive views and features (e.g storage areas, trash enclosures, freeway structures, transformers and generators) and other project features that do not contribute to the enhancement of the surroundings. F. All landscape areas should be separated from asphalt pavement in accordance with the Public Improvements and Engineering Standards to prevent water leakage to the pavement area. G. Planters for trees should be located throughout parking areas. The planters should have minimum interior dimensions of five feet by 16 feet, and be of sufficient size to accommodate tree growth. H. Existing on-site vegetation should be retained whenever possible and new landscaping should respect and incorporate existing landscape elements. I. Landscape areas should be provided in plazas, malls, and areas of frequent pedestrian use. Plazas and malls should be designed and planted to reflect an informal place suited to the pedestrian scale. J. Landscape design should reflect a variety of deciduous and evergreen trees, shrubs, perennial and groundcovers. Plant materials should be selected for their structure, texture, color, ultimate growth characteristics, and sense of unity with their surroundings. September 2001 II1-80 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 Lawn areas should be kept to a minimum in projects surrounded by native vegetation. The utilization of native drought tolerant grasses and vegetation should be used to help the project blend with the surrounding vegetation. L. Lanscaping strips along walls separating non-residential land uses from residential land uses should be installed on the residential side of the wall, adjoining the property line. 18.42.040 - Landscaping Along Streets Whenever landscaping of the public right-of-way (parkway) is required along street frontages, the project's on-site landscaping should be designed in coordination with the parkway landscaping to provide an integrated design concept. Improvements in the public rights-of-way should include sidewalks and/or bicycle-pedestrian ways, trees, shrubs, and groundcover in compliance with Town standards. Landscaping should not exceed a height of 30 inches near project entries so as not to obstruct traffic safety sight areas for vehicles and pedestrians. 18.42.050 - Project Entry Landscaping Entries to multi-tenant projects should be designed as special statements reflective of the character and scale of the project in order to establish identity for tenants, visitors, and patrons. Flowering accent plantings and specimen trees should be used to reinforce the entry statement. B. Textured paving treatments (i.e., interlocking pavers, stamped concrete, etc.) should be used at project entries. Textures should be selected which: 1. Give a feeling of transition between the sidewalk and the entry driveway; 2. Do not become slippery when wet; and 3. Are not so rough or irregular as to make walking difficult, discourage the use of baby strollers or wheelchairs, conflict with adjacent uses, or create noise. C. Project identification signs are encouraged at entry drives. These are subject to Sign Plan approval in compliance with Chapter 18.54 (Signs). September 2001 III- 81 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 Enhance project entries with landscaping and special paving for visual impact. FIGURE 3-18 PROJECT ENTRY TREATMENT 18.42.060 - Pedestrian Area Landscaping A. Planting next to walkways, within plazas, and adjacent to other pedestrian spaces should include smaller species of shrubs and trees in keeping with the intent to maintain an intimate human scale in these areas. B. Pedestrian spaces should be enhanced by planting accents including vines espaliered against wall surfaces, flower beds, window boxes, and hanging pots with flowers and vines. 18.42.070 - Installation of Landscaping A. All landscape materials shall be installed in compliance with the Town's landscaping installation specifications as maintained by the Department. B. New trees should be planted so that they am separated from turf areas by three to five feet. This will prevent over-watering of the tree, surface rooting, crown-rot, and "girdling" of the tree trunk by maintenance equipment. C. If trees are to be planted in a turf area, the following criteria should be followed: I. Only deep-rooted tree species should be used; 2. Turf areas around trees should be graded so that water drains away from the tree; and 3. Turf irrigation should be directed away from the tree. The tree should be irrigated by a combined bubbler/deep water pipe fixture. The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus. Proper spacing should also ensure unobstructed access for vehicles and pedestrians and provide clear vision of intersections. September 2001 II[-82 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 E. Plant material should confom~ to the following spacing criteria: 1. A minimum of 25 feet from the property comer at a street intersection to the center of the first tree or large shrub; 2. A minimum of 15 feet between the center of trees and large shrubs to light standards and fire hydrants; and 3. A minimum of 10 feet between the center of trees and large shrubs and the edge of a driveway. F. Tree grates should be installed around trunks where trees are planted within sidewalks or other paved pedestrian areas. G. Deciduous trees should predominate along south and west building exposures. 18.42.080 - Recommended Plant Materials The following list is to provide homeowners, landscape architects, designers, contractors, and developers with a palette of plant materials suitable for use in Truckee. Due to the wide array of micro- climates, soil types, and weather extremes (both temperature and snow) it is difficult to derive an extensive plant list. Prior to specifying plant materials, research should be conducted to determine water requirements, soil needs, hardiness, and ultimate growth in Truckee. When selecting other species for hardiness, Truckee may be considered U.S.D.A. Zone 3 or 2, although many Zone 3 plants cannot survive and some Zone 4 and 5 species survive in protected locations. (Sunset Magazine's hardiness guide is not recommended as their maps do not consider areas with climatic extremes similar to Truckee.) September 2001 III-83 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS CANOPY TREES Scientific Name Common Name Abies concolor White fir Abies mag. nifica Acer campestre Betula jacquemontii Betula papyfere Malus 'Brandywine' Malus 'Dolgo' Malus species Picea abies Picea engelmanii Picea punsens Pinus contorla 'latifolia' Pinus ,ieffreyi Pinus monticola Pinus niLzra Pinus sylvestris Populus alba Populus alba 'bolleana' Populus tremula Populus tremuloides Populus tremuloides 'Kaibab' Pinus virginiana 'Shubert' Red fir Hedge maple Himalayan white birch Canoe/Paper birch Brandywine crabapple Dolgo crabapple Apples and crabapples Norway spruce Engelman spruce Blue spruce Lodgepole pine Jeffrey pine White pine Austrian pine Scotch pine White popular Bolleana popular Swedish aspen Quaking aspen Kiabab aspen Canada Red Chokeche~y September 2001 III-84 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) EVERGREEN CANOPY TREES Scientific Name Common Name Abies concolor White fir Abies ma~nifica Picea abies Picea engelmanii Picea pungens Pinus contorta 'latifolia' Pinus .jeffreyi Pinus monticola Pinus nigra Pinus svlvestris Red fir Norway spruce Engelman spruce Blue spruce Lodgepole pine Jeffrey pine White pine Austrian black pine Scotch pine September 2001 111-85 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) UNDERSTORY TREES Scientific Name Common Name Acer campestre Acer ginnala Acer glabrum Acer grandidentatum Alnus incana Betula papyfere Crataegus laevigata Juniperus scopulorum Malus 'Brandywine' Malus 'Dolgo' Malus species Picea glauca 'densata' Pinus arisatata Pinus edulus Pinus nigra Populus tremuloides 'Kaibab' Prunus emarginata Prunus virginiana Prunus virginiana 'Shubert' Salix species Sorbus aucuparia Sorbus scopuIina Hedge maple Amur maple Mt. maple Bigtooth maple Mt. Alder Canoe/Paperbirch English hawthorne Rocky mt..juniper Brandywine crabapple Dolgo crabapple Apples and crabapples Blackhills spruce Bristlecone pine Pinyon pine Austrian black pine Kaibab aspen Bitter cherry Chokecherry Canada red chokecherry Willow species European mt. ash Western mt. ash September 2001 Ill-86 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) Scientific Name Acer g,innala Acer g,labrum Acer g,randidentatum Alnus incana Amelanchier alnifolia Aronia meIanocarpa LARGE SHRUBS Amur maple Mt. maple Big, tooth maple Mt. alder W. Serviceberry Black chokeberry Caragana arborescens Pea shrub Ceanothus velutinus Snowbush Cerocarpus montanus Corus stolonifera Elaeagnus angustifolia Euonymous alata Lonicera involucrata Lonicera tartarica Malus 'Searg,ent' Malus species Prunus cistena Common Name Prunus emarg,inata Primus virg,iniana Prunus virg,iniana 'demissa' Rhus trilobata Rhus typhina Ribes aureum Rosa hug,onis Rosa rug,osa Salix enug,a Mt. mahog,any Red-twig dog,wood Russian olive Burningbush Twinberry Tartarian honeysuckle Searg,ent's crabapple Apples and crabapples Sand cherry Bitter cherry Chokecherry Western chokecherry Skunkbush Staghorn sumac Golden currant Father Hug,o rose Tomato rose Sandbar willow September 2001 111-87 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) LARGE SHRUBS - Continued Scientific Name Common Name Salix purpurea nana Salix scouleriana Salix species Sambucus caerulea Dwarf purple willow Mt. willow Willow species Blue elderberry Sorbus scopulina Western mt. ash Common lilac Syringia vulgaris Viburnum opulus Viburnum trilobum Snowball bush Cranberry bush September 2001 1II-88 TRUCKEE MUNICIPAL CODE- TITLE 1 $, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) SMALL SHRUBS Scientific Name Common Name Arctostaphylos patula Artemisia tridentata Berberis thunbergii sp. Ceanothus cordulatus Chrysothamnus nauseosus Euonymous alata Genista lydia Helianthemum nummularium Juniperus communis Juniperus horizontalis 'Youngstown' Lonicera involucrat Mahonia repens Panistema canbyii Penstemon newberii Pinus mugo mugo Potentilla fruiticosa Quercus vaccinifolia Rhus typhina Ribes aureum Ribes nevadense Ribes roezlii Green-leaf manzanita Basin sagebrush Japanese barberry Mt. whitethorn Rabbit bush Burning bush Lydia broom Sunrose Common .juniper Youngstown juniper Twinberry Dwarf Oregon grape Mt. lover Mt. Pride penstemon Mugo pine Bush cinquefoil Huckleberry oak Staghorn sumac Golden currant Mt. pink currant Gooseberry Rosa rugosa Tomato rose Rosa woodsii Wild rose Rubus deliciousus Rubus parviflorus Siraea 'Snowmound' Rocky mt. thimbleberry Thimbleberry Snowmound spirea September 2001 III-89 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) SMALL SHRUBS - Continued Scientific Name Common Name Spiraea densiflora Spirae douglasii Spiraea lucida Spiraea X vanhouttei Symphoracarpus albus S?ringia myerii Mt. spirea Western spirea Western white spirea Vanhoutte spirea Snowberry Dwarf Korean lilac September 2001 III-90 TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) GROUNDCOVERS Scientific Name Common Name Achillea ~bmentosa Arctostaphylos uva-ursi 'big-bear' Artemisa schmidtriana Artemisa tridentata Ceanothus prostratus Wolly yarrow Big bear manzanita Silvermound Basin sagebrush Squawmat Cerastium tomentosum Snow in summer Rabbit brush Chrysothamnus nauseosus Cotoneaster apiculatus Galium odoratum Genista lydia Helianthemum nummularium Juniperus communis juniperus horizontalis 'Youngstown' Lysamachia numularia Mahonia sepens Paxistema canbyi Penstemon newberri Penstemon strictus Potentilla verna nana Prunella grandiflora Rosa woodsii Rubus parvillorus Sedum camtschaticum Sedum spurium Symphorocarpus mollis Thymus serphyllum Cranberry cotoneaster Sweet woodruff Lydia broom Sunrose Common .juniper Youngstown juniper Creeping jenny Dwarf Oregon grape Mt. lover Mt. pride penstemon Rocky mt. penstemon Srping cinquefoil Self-heal Wild rose Thimbleberry Dragon's blood Creeping snowberry Creeping thyme September 2001 III-91 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) VINE Scientific Name Common Name Clematis hybrids Clematis lingusticifolia Humulus lupulus Polygonum ubertii ~arge flowering clematis W. virgin's bower Hops Silver lace vine September 2001 III-92 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3-7 RECOMMENDED PLANT MATERIALS (Continued) SNOW STORAGE AREAS Scientific Name Common Name Achillea tomentosa Arctostaphvlos uva-ursi 'big-bear' Artemisia schmidriana Ceanothus prostratus Cerastium tomentosum Comus stolomifera Galium odoratum Juniperus communis Lysimachia numularia Penstemon strictus Pontentilla vema nan Prunella ~.randiflora Prunus emarginata Rosa woodsii Rubus deliciosus Rubus parviflorus Salix exuga Salix purpurea nana Salix scouleriana Salix species Sambucus caerulea Sedum kamtschaticum Sedum spurium Symphorocarpus mollis Thymus serphyllum Wolly yarrow Big bear manzanita Silvermound Squawmat Snow in summer Red-twig dogwood Sweet woodruff Common juniper Creeping .jenny Rocky mt. penstemon Spring cinquefoil Self-heal Bitter cherry Wild rose Rocky mt. thimbleberry Thimbleberry Sandbar willow Dwarf purple willow Mt. willow Willow species Blue elderberry Dragon's blood Creeping snowberr7 Creeping, thyme September 2001 III-93 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Landscape Design Guidelines 18.42 TABLE 3°7 RECOMMENDED PLANT MATERIALS (Continued) PLANTS FOR SCREENING Scientific Name Common Name Acer campestre Acer ginnala Alnus incana Mt. alder Amelanchier alnifolia Comus stolonifera Elaeagnus angustifolia Juniperus scopulorum Lonicera tartarica Malus 'Seargent' Pinus edulus Pinus nigra Poplus tremuloides Populus tremuloides 'Kiabab' Prunus emarginata Prunus virginiana Prunus virginiana 'demissa' Prunus virginiana 'Shubert' Salix exuga Salix purpurea nana Salix scouleriana Salix species Sambucus caerulea Hege maple Amur maple W. serviceberry Red-twig dogwood Russian olive Rocky mt..juniper Tartarian honeysuckle Seargent's crabapple Pinyon pine Austrian pine Quaking aspen Kaibab aspen Bitter cherry Chokecherry Western chokecherry Canada red chokecherrv Sandbar willow Dwarf purple willow Mt. willow Willow species Blue elderberry September 2001 III-94 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Noise 18.44 CHAPTER 18.44 - NOISE Sections: 18.44.010 - Purpose of Chapter 18.44.020 - Noise Complaints 18.44.030 - Noise Measurement Criteria 18.44.040 - Exterior Noise Standards 18.44.050 - Residential Interior Noise Standards 18.44.060 - Prohibited Acts 18.44.070 - Exceptions 18.44.010 - Purpose of Chapter This Chapter establishes standards for the elimination and regulation of noise disturbances in order to protect the health, safety, welfare, and living/working environments of those living and working in the Town. 18.44.020 - Noise Complaints Persons who believe that noise sources exceed any of the standards provided in this Section may file a complaint with the appropriate Town department as follows: A. Community Development Department. Noise complaints regarding the following types of noise sources shall be directed to the Department: 1. Commercial (non-governmental) repair or testing of aircraft, boats, or motor vehicles; 2. Loading and unloading activities; or 3. Stationary, non-emergency, non- residential sources. B. Other departments. Noise complaints regarding the following types of noise sources shall be directed to the Police Department or Animal Control Department. This Development Code does not contain procedures for regulating or enforcing standards related to these noise sources: 1. Animals (Animal Control); 2. Emergency signaling alarms or devices; 3. Motor vehicles (including alarms, radios, tape or disc players, etc.); 4. Places with dance permits; or 5. Radio, tape or disc players, television, or any similar devices whether on public or private property. September 2001 II1-95 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Noise 18.44 18.44.030 - Noise Measurement Criteria A. Exterior noise. Exterior noise levels may be measured at any point on the affected church, commercial property, hospital, public library, residential property, or school. Bo Noise measurement equipment. Any noise measurement made in compliance with this Section shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately before the recording of any noise data. 18.44.040 - Exterior Noise Standards It shall be unlawful for any person, at any location within the Town, to create any noise or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which does not comply with the provisions of this Section, unless the provisions of either Sections 18.44.050 (Residential Interior Noise Standards) or 18.44.070 (Exceptions), below have been met. Exterior levels. Exterior noise levels, when measured at any receiving church, commercial, hospital, public library, residential or school property, do not conform to the provisions of this Section when they exceed the noise level standards established by Table 3-8. Ambient noise level adjustment. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted to equal the ambient noise level. For example, if the applicable noise level standard is 60 dB(A) and the ambient noise level is 63 dB(A), the applicable noise level standard would be adjusted to 63 dB(A). In these cases, a use would not exceed the applicable noise level standard if it did not increase the ambient noise level by more than 3.0 dB(A) when the ambient noise level is between 60 and 65 dB(A) or by more than 1.5 dB(A) when the ambient noise level is greater than 65 dB(A). Simple tone noises. Each of the noise level standards specified above shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music or for recurring impulsive noises. Intruding noise source. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards in Table 3-8. E. Equipment noise. The noise level standard applicable to the emission of sound from regulators, transformers, and associated equipment in electrical substations shall be 60 dB(A). September 2001 III-96 Noise TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE 18.44 TABLE 3-8 NOISE STANDARD BY RECEIVING LAND USE Noise Level Standards, dB(A) of minutes Day - 7:00 a.m. Night - 10:00 p.m. in any hour to 10:00 p.m. to 7:00 a.m. llospital, Library, Ii eligious Institution, Residential, or School Uses 30 (I) 55 50 15 60 55 5 65 60 I 70 65 0 75 70 Commercial Uses 30 65 60 15 70 65 5 75 70 I 80 75 0 85 80 Notes: (1) For example, this means the measured noise level may not exceed 55 dB(A) for more than 30 minutes out of any one hour time period. Commercial/Industrial exterior noise standard. Whenever a new office, commercial, hotel/motel, or light industrial use is proposed on a parcel where the existing ambient noise levels may exceed 70 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design, construction, and operation of the use. Office, commercial, hotel/motel, and light industrial uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved. Public/Institutional exterior noise standard. Whenever a hospital, library, school, congregate care, or similar public or institutional use is proposed on a parcel where the existing ambient noise levels may exceed 65 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design construction, and operation of the use. Public and institutional uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved. September 2001 III-97 Noise TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE 18.44 Ho Sensitive land uses. Whenever a use is proposed on a parcel where the expected noise levels generated by the use, when measured at any receiving church, hospital, public library, residential, or school property, may exceed the noise level standards established by Table 3-8, the land use permit application shall include an acoustical analysis of the affect of the noise generated by the use on the sensitive land use property. An acoustical analysis shall also be required when a commercial or industrial loading dock or area is located within 300 feet of a sensitive use. The acoustical analysis shall identify appropriate mitigation measures that reduce exterior noise levels to acceptable levels established by Table 3-8. These mitigation measures shall be incorporated into the design, construction, and operation of the use. Mitigation. Reasonable noise mitigation measures including building setbacks, alternative site design techniques, and alternative building orientation layouts shall be employed in lieu of sound walls to mitigate noise impacts. Sound walls may be used if there are no other reasonable mitigation measures available or all reasonable mitigation measures do not satisfactorily reduce noise levels to acceptable levels. 18.44.050 - Residential Interior Noise Standards Single-family and multi-family residential development shall be designed and constructed to comply with the interior noise standards of this Section. mo Interior noise standard. Whenever a new single-family or multi-family dwelling unit is proposed on a parcel where the existing exterior ambient noise level may exceed 60 dB(A) CNEL, the land use permit application shall include an acoustical analysis showing the dwelling unit has been designed to limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2. Residential development affected by aircraft noise. Land use permit applications for residential structures proposed within the Airport 55 dB CNEL contour shall comply with the provisions of Section 18.64.060 (Airport Noise Zones). C. Noise mitigation measures. Whenever interior noise levels may exceed 45 dB CNEL, residential developments shall incorporate the following noise mitigation measures, where appropriate: 1. Increase the distance between the noise source and the receiver; 2. Locate bedrooms on the side of the structure away from major public rights-of-way; and/or 3. Locate land uses not sensitive to noise (e.g., garages, maintenance facilities, parking lots, utility areas, etc.) between the noise source and the receiver. Noise barrier standards. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to three-fourths inch plywood). Noise barriers shall interrupt the line-of-sight between the noise source and the receiver. The barrier shall be of a continuous material which is resistant to sound and may including the following: 1. Earth berm or a combination of earth berm with concrete block; or 2. Masonry block; or September 2001 III-98 Noise TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.44 3. Precast concrete. 18.44.060 - Prohibited Acts The following acts, and the causing or allowing of these acts, are a violation of this Section: Bo Co Places of public entertainment. Operating or allowing to be operated, any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceed 95 dB(A) at any point normally occupied by a customer, without a conspicuous and legible sign stating, "WARNING! Sound levels within may cause heahng impairment." Nothing in this Section shall be construed to allow any violation of Section 18.44.040 (Exterior Noise Standards) or any noise disturbance in any place of public entertainment; Emergency signaling devices. The intentional sounding or allowing the sounding outdoors of any burglar, civil defense or fire alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, which shall only be conducted in the following manner: The testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. The test time shall not exceed 60 seconds; and The testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. The testing shall not occur before 7:00 a.m. or after 10:00 p.m. The times specified in Subsection 1., above shall not apply to the complete system testing. Sounding of alarms. Sounding or allowing the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless the alarm is terminated within 15 minutes of activation; D. Stationary non-emergency signaling devices. Eo Sounding or allowing the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non- emergency purposes, from any pi'ace, for more than 10 seconds in any one hour period; Religious institutions shall not be exempt from the provisions of this Section. However, reasonable accommodation shall be provided for public services. "Reasonable" is defined, for the purposes of this Section, as the minimum necessary to allow freedom of expression; and 3. Sound sources covered by this Section and not exempted under Subsection b., above may be exempted by a Variance, approved in compliance with Chapter 18.44. Loading and unloading. Closing, loading, opening, unloading, or other handling of boxes, building materials, containers, crates, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner that causes a noise disturbance beyond a residential property tine. September 2001 Ili-99 Noise TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.44 Fo This action shall not apply to activities where the items handled are still in interstate comanerce; and Residential air conditioning, refrigeration, and heating. Notwithstanding the provisions of Section 18.44.040 (Exterior Noise Standards) where the intruding noise source is a residential air conditioning or a refrigeration system, heating system, or associated equipment installed before the effective date of this Section, the exterior noise level shall not exceed 55 dB(A). For equipment installed after the effective date of this Section, the exterior noise level shall not exceed 50 dB(A). 18.44.070 - Exceptions Bo Construction. The provisions of this Chapter shall not apply to noise sources associated with non-single family residential construction, provided the activities do not take place before 7:00 a.m. or after 9:00 p.m. on any day except Sunday, or before 9:00 a.m. or after 6:00 p.m. on Sunday. The review authority may impose further limitations on the hours and day of construction or other measures to mitigate significant noise impacts on sensitive uses. Single family dwelling construction. The provisions of this Chapter shall not apply to noise sources associated with single family residential construction on a single family lot. C. Emergency exception. The provisions of this Section shall not apply to: Do Eo G° 1. The emission of sound for the purpose of alerting persons to the existence of an emergency; or 2. The emission of sound in the performance of authorized emergency work. Maintenance of equipment. Notwithstanding the provisions of Sections A. through C., above, no exceptions to the provisions of this Section shall apply where the equipment used for those activities is not maintained in good condition which would result in unnecessarily creating a noise disturbance or exceeding the standards in Section 18.44.040 (Exterior noise standards), above. Municipal Code provisions. The provisions of this Section shall not apply where noise standards are specified elsewhere in the Municipal Code. Public health, safety, and welfare activities. The provisions of this Section shall not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, safety, and welfare, including debris and limb removal, removal of downed wires, repairing of gas lines, oil lines, roads, sewers, sidewalks, storm drains, traffic signals, water hydrants and mains, restoring electrical service, street sweeping, unplugging sewers, vacuuming catch basins, etc. Public transportation facilities. The provisions of this Section shall not apply to any airports, railroad facilities including but not limited to trains, rolling stock, and railroad equipment, publicly owned roads and rights-of-way, or other similar facilities. September 2001 Iii- 100 Noise TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE 18.44 H. Solid waste collection. Jo Ko The provisions of this Section shall not apply to noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage), provided the collection activities do not take place between the hours of 10:00 p.m. and 6:00 a.m. Any noise complaints associated with the collection of solid waste shall be resolved to the satisfaction of the Town Manager. The Town Manager may require modifications to pick- up schedules, equipment used, or any other reasonable means deemed appropriate by the Town Manager to resolve the noise complaints, including changing the 6:00 a.m. time to a later time (e.g., 7:00 a.m.) for any portion of the Town. State or Federal preempted activities. The provisions of this Section shall not apply to any activity regulated by State or Federal law including, but not limited to, trains, rolling stock, and railroad equipment. Town parks. The provisions of this Section shall not apply to public agency sanctioned recreational activities/programs conducted in public parks. Warning devices. Warning devices, necessary for the protection of public safety (e.g., ambulance, fire, and police siren) shall be exempted from the provisions of this Section. September 2001 III-101 Noise TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.44 September 2001 III-lO2 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 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 ao 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. 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. Septe~nber 2001 III- 103 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 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. 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. 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. Co 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. September 2001 III- 104 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 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. 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. Bo September 2001 III- 105 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 TABLE 3-9 MINIMUM OPEN SPACE AREA Minimum Open Space Area Required Minimum Open Space Area Zoning District Required (% of gross site area) DRS~ RS-3, RS-4 30% RS-2 40% RS-I 50% RS-0.5, RR-0.5 70% RR-0.2 80% RR-0.1 90% Co Do 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 I (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. 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. 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. 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 (1.0%), 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; September 2001 IIIq06 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 Fo b. The site is within the preferred infill area shown on Sheet 28 of the Town Zoning Map; and/or 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). 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-I 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 Ao Co 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 ama, the area shall be revegetated with indigenous plant material, availability permitting, subject to the approval of the Director. Do 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. 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. 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. i. 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. September 2001 III- 107 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 2. Preservation and management options for open space, in order of preference, include the following: 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. Coinmon 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. 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. 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. 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: 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; 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): September 2001 111-108 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 Co 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, RI6E and the Town boundary; c. 20 feet on the east side of the highway between the southern boundary line of Section 35, TISN, R16E and the Town boundary. 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. 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. 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. 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. September 2001 Ili- 109 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Open Space/Cluster Requirements 18.46 September 2001 III-110 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 CHAPTER 18.48 - PARKING AND LOADING STANDARDS Sections: 18.48.010 - Purpose of Chapter 18.48.020 - Applicability 18.48.030 - General Parking and Loading Regulations 18.48.040 - Number of Parking Spaces Required 18.48.050 - Adjustments to Off-Street Parking Requirements 18.48.060 - Disabled/Handicapped Parking Requirements 18.48.070 - Development Standards for Off-Street Parking 18.48.080 - Driveways and Site Access 18.48.090 - Bicycle Parking and Support Facilities 18.48.100 - Off-Street Loading Space Require~nents 18.48.110 - Downtown Off-Site Parking 18.48.010 - Purpose of Chapter This Chapter provides off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the Town by ensuring sufficient parking facilities to meet the needs generated by the specific use; B. Provide accessible, attractive, secure and well-maintained off-street parking and loading facilities; C. Increase public safety by reducing congestion on public streets; D. Encourage the use of alternative modes of transportation and other trip reduction measures; E. Ensure access and maneuverability for emergency vehicles; and F. Provide loading and delivery facilities in proportion to the needs of the proposed use. 18.48.020 - Applicability Every use, including a change or expansion of a use or structure shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed. 18.48.030 - General Parking and Loading Regulations Retention and maintenance of parking and loading areas. All covered or uncovered off-street parking and loading facilities required by this Chapter shall be permanently reserved for parking and loading purposes. September 2001 III- 111 TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for not more than 30 days in any calendar year. All parking facilities, including but not limited to curbs, directional markings, disabled symbols, landscaping, pavement, signs, striping, and wheel stops, and other facilities, shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions, and stored material. Bo Parking and loading to be unrestricted. Owners, lessees, tenants or persons having control of the operation of a premises for which parking or loading spaces are required by this Chapter shall not prevent, prohibit or resthct authorized persons from using these spaces without prior approval of the Director. Vehicles for sale. Vehicles, trailers or other personal property shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire or rental, unless the property is appropriately zoned, and the vendor is licensed to transact business at that location. 18.48.040 - Number of Parking Spaces Required Each use shall provide at least the minimum number of off-street parking spaces required by this Chapter, except where an exception has been granted through approval of a land use permit. A. Parking requirements by land use. Each land use shall be provided the number of off-street parking spaces required by Table 3-10. 1. Additional requirements. Additional spaces may be required by the review authority through land use permit conditions of approval, where applicable. Uses not listed. Land uses not specifically listed by Table 3-10 (Parking requirements by land use), below, shall provide parking as required by the Director. The Director shall use the requirements of Table 3-10 as a general guide in determining the minimum number of off-street parking spaces to be provided. Rounding of quantities. When a calculation of the number of parking spaces required results in a fraction of 0.50 or more, the number of required spaces shall be rounded up to the nearest whole number. Bo Expansion of existing structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces for the enlargement or increase in capacity or intensity shall be provided in compliance with this Chapter. Co Multiple uses on a single site. A site or facility proposed for multiple tenants or uses (for example, a building with ground-floor shops and second floor offices) shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as a shopping center, the parking ratio shall be that required for the shopping center as a whole as provided in Table 3-10. September 2001 I/I-112 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 Do Eo Fo Parking required by permits, Development Agreements, or Specific Plans. Parking requirements established by Use Permits, Development Agreements, Specific Plans or similar entitlements supersede the provisions of this Chapter. Excessive parking. The parking standards established in this Chapter are both minimum and maximum standards. Off-street parking spaces in excess of these standards may be approved only in conjunction with a land use permit, and when additional landscaping and pedestrian improvements are also provided. When a project proposal includes parking in excess of the number of spaces required by this Chapter, the review authority shall approve no more than 20 percent more spaces than otherwise required. Bench or bleacher seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be not less than 24 inches of continuous bench space for the purpose of calculating the number of required parking spaces. Company-owned vehicles. The number of parking spaces required by this Chapter does not include spaces needed for the parking of company-owned vehicles. Parking spaces for company- owned vehicles shall be provided in addition to the requirements for a particular land use. Restaurants adjacent to Truckee River. Outdoor seating and dining areas for restaurants and cafes (except counter-service restaurants) adjacent to the Truckee River shall be exempt from complying with the parking requirements of this Chapter and paying in-lieu parking fees, up to a maximum of 10 parking spaces. The outdoor seating and dining areas shall front the Truckee River, shall provide views of the Truckee River, and shall be accessible to the public during business hours. The outdoor seating and dining areas may be covered but shall not be enclosed. Parking required to serve the outdoor seating and dining in excess of 10 parking spaces shall be provided in accordance with the provisions of this Chapter. For example, if the outdoor seating and dining area is 1,200 square feet in size, two parking spaces shall be required for the outdoor seating and dining area (12 parking spaces required for 1,200 s.f. - exemption for 10 spaces = 2 spaces). September 2001 III-113 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE Land Use Type: Manufacturing Processing and Warehousing Vehicle Spaces Required General manufacturing, industrial and processing uses (See Section 18.12.030, Table 2-6, "Manufacturing and Processing Uses" for examples.) Recycling facilities Research and development, laboratories Warehouses and storage facilities (for example, long- term storage facilities) Wholesale and distribution operations not used exclusively for storage. 2 spaces per each 1,000 sq.fl, of gross floor area for the first 25,000 sq.ft.; and I space per each 1,000 sq.ft. thereafter. The gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." Determined by Use Permit. I space per each 250 sq.ft, of gross floor area, plus I space for each company vehicle. I space per each 2,000 sq.ft, of gross floor area tbr the first 10,000 sq.ft., and I space per each 5,000 sq.ft, thereafter. The gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." I space per each 1,000 sq.fl, of gross floor area for the first 10,000 sq.ft., and I space per each 3,000 sq.ft, thereafter. The gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." September 2001 III-114 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Recreation, Education, Public Assembly Vehicle Spaces Required Child day care Centers Large t~rnily day care homes Churches, community centers, meeting halls, membership organizations, mortuaries, and performance theaters Cinemas Single-screen Multi-screen Golf courses Golf driving ranges (separate from golf course) Indoor recreation/fitness centers Arcades Bowling 'alleys Health/fitness clubs Pool and billiard rooms Skating rinks Libraries, museums, art galleries Outdoor commercial recreation 1 space per each 7 children, plus adequate drop-off area as approved by the Director. I space per each employee and 1 space for drop-off/pick- up, in addition to the required residential spaces. I space per each 3 seats; without fixed seats, I space per each 50 sq.ft, of gross floor area space per each 3 seats, plus 6 spaces for employees space per each 5 seats, plus 10 spaces for employees. 3 spaces per hole; plus clubhouse spaces as required for restaurants, bars, indoor recreation/fitness centers,office, etc. 2 spaces per tee. I space per each 200 sq.ft, of gross floor area 5 spaces per lane, plus required spaces for ancillary uses. I space per each 250 sq.ft, of gross floor area. 2 spaces per table, plus required space for ancillary uses. I space per each 400 sq.ft, of gross floor area for public use, plus required spaces for ancillary uses. I space per each 500 sq.ft, of gross floor area, plus I space ,er official vehicle. Determined by Use Permit September 2001 III-115 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Recreation, Education, Public Assembly (Continued) Vehicle Spaces Required Schools (public and private) Elementary/Junior High High School College Trade and business schools Studios for dance and art Tennis/racquetball/handball or other courts Performance theaters, meeting halls and membership organizations. 2 spaces per each classroom, plus I space Ibr every 200 sq.ft, of assembly area in an auditorium. 3 spaces per each classroom, plus 1 space for every 6 students As determined by Use Permit. space per each 50 sq.ft, of gross classroom floor area. space per each 200 sq.ft, of gross floor area. 2 spaces per each court, plus 1 space per each 200 sq.ft, of floor area for ancillary uses. I space per each 3 seats; without fixed seats, 1 space per each 50 sq.ft, of gross assembly or viewing area, plus ancillary uses (c.g. bar, restaurant). September 2001 III-116 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Residential Uses Vehicle Spaces Required Group Quarters (Including boarding houses, rooming houses, dormitories, and organizational houses) Duplex housing units Mobile homes (in MH. parks) Multi-family dwelling, condominiums and other attached dwellings. Mixed-use developments Secondary residential units Senior housing projects Senior congregate care facilities Single-family dwelling I space per each bed, plus 1 space per each 8 beds for guest parking, I space per each employee on largest shift. spaces per each unit. 2 spaces per each mobile home (tandem parking allowed in an attached carport), plus I guest parking space for each 4 units. Studio and I bedroom units - 1.5 spaces per each unit with I space per unit in a fully enclosed garage. Spaces not required to be in garage for affordable housing units. 2 bedrooms or mom - 2 spaces per each unit, with I space per unit in a fully enclosed garage. Spaces not required to be in garage for affordable housing units. Guest parking - 25% of total required spaces. Determined by Use Permit. 2 spaces in addition to that required for the single-family dwelling. I space per each unit with 0.5 spaces per unit covered, plus 1 guest parking space per each 10 units. 0.5 space per each residential unit, plus I space per each 4 units for guests and employees. 2 spaces. September 2001 III-117 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Retail Trade Automobile, mobile home, vehicle, machinery and parts sale Banks and financial services Building materials, hardware stores and plant nurseries Convenience stores Restaurants (except fast food), cafes, cafeterias, nightclubs, taverns, lounges or similar establishments for the consumption of food and beverages on the premises. Restaurants, fast food Restaurants, delicatessens, take out only, no customer seating Retail stores General merchandise Appliance, furniture and bulk goods stores Shopping centers Vehicle Spaces Required 1 space per each 400 sq.ft, of gross floor area, plus I space per each 3,000 sq.ft, of outdoor display and sales service area, plus I space per each 300 sq.ft, of gross floor area for a parts department. 1 space per each 300 sq.fl, of gross floor area. 1 space per each 300 sq.ft, of gross floor area, plus I space ,er each 1,000 sq.ft, of outdoor display and sales area. 1 space per each 200 sq.fl, of gross floor area. 1 space per each 75 sq.ft, of gross floor area for patrons, plus I space per each 300 sq.fL of service area, plus one space per each I00 sq.ft, of outdoor dining area. Parking spaces for outdoor dining areas may be used for snow storage. See Section 18A8.040.H regarding restaurants ac~jacent to the Truckee River. 1 space per each 100 sq.h. of gross floor area, plus I space 2er each 100 sq.ft, of outdoor dining area. I space per each 250 sq.ft, of gross floor area. I space per each 250 sq.ft, of gross sales area, plus I space per each 600 sq.ft, of storage area, and I space per each company vehicle. I space per each 500 sq.ft, of gross floor area and I space per each company vehicle. 1 space per each 250 sq.ft, of gross floor area for centers of less than 30,000 sq.ft, and I space per each 300 sq.ft, of gross floor area for centers of 30,000 sq.ft, or more. September 2001 III-118 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Service Uses Vehicle Spaces Required Bed and Breakfast Inns Copy and reproduction Consumer products - repair and maintenance Depots: bus, freight, or rail Equipment rental Hotels and motels Medical services Clinics, medical/dental offices Extended care (elderly, skilled nursing facilities and residential care homes) Hospitals Medical/dental labs Offices, business zu~d professional Pet grooming Personal services Barber/beauty shops (and other personal services: tattoo studios, massage therapy) Kennels and animal boarding Laundries and dry cleaning plants I space per each guest room, in addition to the required parking for the residential use. 1 space per each 400 sq.ft, of gross floor area. 1 space per each 250 sq.ft, of gross floor area Deternfined bv Use Permit I per each 300 sq.ft, of gross floor area, plus I space per each 1,000 sq.ft, of outdoor display, sales, storage, and work area. I space per each guest room, plus I space per each 2 employees on largest shift, plus required spaces for accessory uses. space per each 200 sq.ft, of gross floor area. 1 space per each 3 beds the facility is licensed to accommodate I space per each patient bed the facility is licensed to accommodate, plus 1 space per each 400 sq.ft, of office area, plus required spaces for ancillary uses as determined by the Director. I space per each 300 sq.ft, of gross floor area. 1 space per each 250 sq.ft, of gross floor area for the first 5,000 sq.ft, and I space per each 300 sq.ft, thereafter. 1 space per each 400 sq.ft, of gross floor area. I space per each 250 sq.ft, of gross floor area. I space per each 500 sq.ft, of gross floor area, plus I space for each 800 sq.ft, of boarding area I space per each 1,000 sq.ft, of gross floor area. September 2001 III-119 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Service Uses (Continued) Dry cleaning pick-up facilities Laundromats Laboratories and research/development facilities Service stations Storage, personal storage facilities Vehicle repair and maintenance Repair garage Self-service vehicle washing Full-service vehicle washing Veterinary clinics and hospitals Vehicle Spaces Required 1 space per each 400 sq.ft, of activity area (office, reception area, counter area), plus I space per each 1,000 sq. ft of storage or work area. I space per each 250 sq.ft, of gross floor area. space per each 300 sq.ft, of gross floor area I space per each 180 sq.ft, of gross floor area, plus 3 spaces per each service bay. 2 spaces for manager office. 4 spaces per service bay, plus adequate queuing lanes for each bay, plus I space for each 2 employees on the largest shift. 2.5 spaces per washing stall, for queuing and drying. l0 spaces, plus 10 spaces per wash lane for drying area, plus queuing area for 5 vehicles ahead of each lane. 1 space per each 250 sq.ft, of gross floor area, plus 1 space )er each 800 sq.ft, of boarding area. 18.48.050 - Adjustments to Off-Street Parking Requirements mo Shared parking reduction. Where two or more non-residential uses are developed as a recognized shopping or professional center and two or more uses have distinct and differing peak traffic usage periods, (for example, a theater and a bank) or share customers (for example, a restaurant and retail store), a reduction in the required number of parking spaces may be approved, provided that the most remote space is located within 500 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to 25 percent of the total parking spaces required for the uses. A parking study analyzing peak hour parking demands for the uses may be required. Mixed use projects that include residential uses may be eligible for parking space reduction incentives in compliance with Section 18.58.140 (Mixed Use Development). Bo Compact car spaces. Parking lots with 20 or more spaces may include compact car spaces for up to 25 percent of the total number of required spaces. Compact car spaces shall be a minimum of 8 feet by 14 feet in size and shall be clearly marked "Compact Only" in letters not less than 12 inches high and 7 inches wide. September 2001 III- 120 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 18.48.060 - Disabled/Handicapped Parking Requirements Parking areas shall include parking spaces accessible to the disabled in the following manner: A. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with Section 1129B of the California Building Code of Regulations; Reservation of spaces required. Disabled accessible spaces required by this Chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use; Co Upgrading of markings required. If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new State standards. Upgrading shall be completed by affected property owners within 60 days of being notified in writing by the Department of new State standards; and D. Fulfilling of requirements. For parking lots with 10 or more spaces, disabled accessible parking spaces required by this Chapter shall count toward fulfilling off-street parking requirements. 18.48.070 - Development Standards for Off-Street Parking Off-street parking areas shall be designed and constructed in compliance with the following standards. See also Chapter 18.50 (Parking Design Guidelines). go Location. Off-street parking areas shall be provided on the subject site, outside of any public right-of-way, except that parking may be located on a parcel directly abutting the parcel served subject to a covenant running with the land recorded by the owner of the parking lot guaranteeing that the required parking will be maintained for the life of the use or activity served. B. Access to parking areas and parking stalls. 1. Driveway location and design. Site access driveways shall be located and designed in compliance with Section 18.48.080 (Driveways and Site Access.) Internal maneuvering area. Parking areas shall provide suitable maneuvering room so that vehicles enter an abutting street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. The Director may approve exceptions for single-family homes and duplexes; 3o Car pool and bicycle space location. Car pool and bicycle spaces shall be located as close as is practical to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks; and 4. Vertical clearance. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles. September 2001 III-121 TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 Co Adjacent site access. Non-residential developments should be designed and constructed to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved and executed by the Director, guaranteeing the continued availability of the shared access between the properties; D. Parking space andlot dimensions. 1. Residential uses. Minimum parking dimensions shall be as indicated in Table 3-11. See also Figure 3-19. TABLE 3-11 MINIMUM PARKING STALL AND LOT DIMENSIONS FOR RESIDENTIAL USES Length Width 20 feet Covered Spaces (garage/carport) 10 feet; 12 feet if located parallel to an object(s) that may obstruct vehicle doors. Uncovered Spaces Spaces shall conform to the standards in Table 3-12. Tandem Spaces [ 20feet I 9feet September 2001 II1-122 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 Non-residential uses. Minimum parking dimensions shall be as indicated in Table 3-12. See also Figure 3-17. TABLE 3-12 MINIMUM PARKING STALL AND LOT DIMENSIONS FOR NON-RESIDENTIAL USES Standard Stall Length 20 feet; 18 feet with bumper overhang per Subsection D.3 Width 9 feet Compact Stall Length 16 feet; 14 feet with bumper overhang per Subsection D.3 Width 8 feet One-Way Traffic and Single-Loaded Aisles Parking angle Stall depth (1) Aisle width Total bay depth (2) (degrees) (travel lane) (approximate) 30 17 feet (3) 14 feet 30 feet 45 19 feet (3) 15 feet 35 feet 60 20 feet (4) 16 feet 38 feet 90 20 feet (4) 24 feet 44 feet One-Way Traffic and Double-Loaded Aisles Parking angle Stall depth (1) Aisle width Total bay depth (2) (degrees) (travel lane) (approximate) 30 18 feet (3) 14 feet 48 feet 45 19 feet (3) 15 feet 55 feet 60 20 feet (4) 16 feet 60 feet 90 20 feet (4) 24 feet 64 feet Two-Way Traffic and Double-Loaded Aisles Parking angle Stall depth (1) Aisle width Total bay depth (2) (degrees) (travel lane) (approximate) 30 18 feet (3) 24 f~et 60 feet 45 19 feet (3) 24 feet 62 feet 60 20 feet (4) 24 feet 64 feet 90 20 feet (4) 24 feet 64 feet Notes: (1) Stall depth may be reduced by two feet with bumper overhang per Subsection D.3. (2) Bay depths are approximate and may not equal "stall depth + aisle width" because of parking angles. (3) Stall depth may be reduced by three feet for compact spaces. (4) Stall depth may be reduced by four feet for compact spaces. September 2001 II1-123 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 30 Degree Angle Parking Street ~eel S~ or 45 Degree Angle Parking Street 60 Degree Angle Parking Street I-'l 90 Degee Parking FIGURE 3-19 PARKING LOT DIMENSIONS September 2001 III- 124 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 Bumper overhang areas. A maximum of two feet of the parking stall depth may be landscaped with Iow-growth, hearty materials in lieu of paving, allowing a two-foot bumper overhang while maintaining the required parking dimensions. A two-foot bumper overhang is also allowed over adjacent sidewalks provided that a minimum clear distance of four feet is maintained on the sidewalk at all times. Parallel parking spaces. Parallel parking spaces shall have minimum width of 10 feet and a minimum length of 24 feet. Aisle widths shall be 14 feet for one-way traffic and 24 feet for two-way traffic. E. Directional arrows and signs: in parking facilities containing 40 or more parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. 2. The Director may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility. 3. The exit from a parking area which provides parking for 40 or more vehicles shall be clearly marked with a vehicle "STOP" sign. F. Grades of entrances, spaces and driveways. Entrance - Four or fewer dwellings including single-family dwellings. Driveways shall have a maxi~num grade of 16 percent measured along the driveway centerline, for a distance of not less than 20 feet from the ultimate right-of-way line of the street or alley. Entrance - Five or more dwellings and all other uses. Driveways shall have a maximum grade of 12 percent, measured along the driveway centerline, for a distance of not less than 20 feet from the ultimate right-of-way line of the street or alley. 3. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade of seven percent, measured in any direction. Interior driveways. Ramps or driveways for four or less dwelling units within the interior of a parking area (beyond 20 feet from ultimate right-of-way line) shall have a maximum grade of 16 percent. Ramps or driveways for five or more dwelling units and all other uses within the interior of a parking area shall have a maximum grade of 12 percent. Vertical clearance. Covered parking spaces shall have a vertical clearance of at least seven feet, six inches above the parking lot surface for all uses except residential. The Director may require a higher vertical clearance where necessary to comply with Section 1129B of the California Building Code of regulations for disabled/handicapped parking. Landscaping. Landscaping shall be provided in compliance with the requirements of Chapter 18.40 (Landscape Standards). September 2001 II1-125 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). Any illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way in compliance with Section 18.30.060 (Exterior lighting). Maintenance of parking facilities. Parking facilities shall be properly maintained at all times. Surface materials shall be free of holes and cracks. Painted markings (e.g., parking space striping, pedestrian crossings, directional markings, loading area identification, fire aisles, etc.) shall be maintained to be clearly visible to motorists and pedestrians. Landscaped areas shall be kept free of litter and shall be maintained in compliance with the requirements of Section 18.40.050.F. (installation and tnaintenance of landscape). Jo Residential garages - Minimum size. Garages shall be completely enclosed on four sides and have a solid roof. The minimum interior dimensions shall be 10 feet in width and 20 feet in length for a single-car garage and 20 feet in width by 20 feet in length for a two-car garage. K. Residential guest parking. Guest parking in residential zoning districts shall be so designated and restricted, with appropriate signs/pavement markings, for the exclusive use of the guests. Lo Shopping cart storage. Parking facilities shall contain shopping cart storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number, dimensions and locations of these storage areas shall be determined by the Director. Striping and identification. Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Compact and car pool spaces shall be clearly identified for compact vehicle and car pool usage respectively. Spaces for the disabled shall be striped and marked according to the applicable State standards. All parking lot striping shall be permanently maintained in good condition. Surfacing. Parking spaces and maneuvering areas for all vehicles (including motorcycles) shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the Director. Tandem parking. Tandem parking resulting in the stacking of no more than two parking spaces may be allowed to satisfy off-street parking requirements for single-family dwellings, secondary residential units, duplexes, and bed and breakfasts. Tandem parking resulting in the stacking of two parking spaces within a garage shall not be allowed to satisfy off-street parking requirements. Po Separation. Parking spaces shall be separated from adjacent fences, walls, property lines, landscaped areas and structures in accordance with the Public Improvements and Engineering Standards. 18.48.080 - Driveways and Site Access Driveways providing site access shall be from an improved street, alley or other right-of-way, and shall be designed, constructed and maintained as follows: September 2001 III- 126 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 Number of driveways. One driveway encroachment shall be allowed for each parcel two acres or less in size unless the Director and Town Engineer find that more than one driveway encroachment is necessary to accommodate traffic volumes for the development and the additional driveway encroachment will not be detrimental to traffic flow on the street(s). Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized; and Distance from street corners. Parking area driveways shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with street frontages of less than 150 feet, the minimum distance shall be 100 feet. The review authority may reduce these requirements based on recommendations from the Town Engineer that site configuration or terrain, or adjacent roadway conditions necessitate another location than provided by this Subsection. C. Driveway spacing. Driveways shall be separated along the street frontage as follows: Single-family and duplex residential development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the Director. The six-foot separation does not include the transition or wing sections on each side of the driveway; Multi-family and non-residential development. Where two or more driveways serve the same or adjacent multi-family or non-residential development, the centerline of the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the Town Engineer; and D. Driveway width and length. 1. Single-family dwellings. Driveways providing access to garages or parking areas that are set back 20 feet or less from the street property line shall not exceed the width of the garage door opening plus 2 feet or the width of the parking area. This standard shall not apply to turnaround areas for vehicles. b. When a garage is perpendicular (90 degrees) to the driveway, a minimum 24-foot deep unobstructed back-out area shall be provided. c. All newly constructed residences shall be served by a driveway that is constructed to within at least 50 feet of each dwelling unit. Driveways exceeding 150 feet, but less than 800 feet in length, shall provide a turnout near the midpoint of the dhveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. Dead-end driveways in excess of 400 feet in length shall be provided with a turnaround at the closed end. Grades on tumarounds shall be no more than 12 percent. The turnaround shall be built with the edge of the fire lane within 50 feet of the dwelling unit but no closer than ten feet. September 2001 III-127 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 Driveway curves shall be constructed with a curvature radius of not less than 50 feet, measured at centerline. For all curve radii less than 100 feet, an additional four feet of surfacing width shall be provided. g. The driveway shall be capable of supporting a 40,000 lb. legally-loaded vehicle or provided with a minimum of four inches of compacted Class II aggregate base. A roadside vegetation fuel modification area as required by the Truckee Fire Protection District regulations shall be provided for a distance of ten feet on each side of the driveway. i. The standards in Subsections (d) to (i) may be modified by the Truckee Fire Protection District Fire Marshall in compliance with District ordinances and policies. 2. Multi-family residential projects. a. Driveways for multi-family uses with four or less units shall have a minimum paved width of 20 feet. b. Driveways for multi-family uses with more than four units shall have a minimum paved width of 24 feet. Non-residential uses. Driveways for non-residential uses shall have a minimum paved width of 12 feet for one-way driveways and 24 feet for two-way driveways. The maximum driveway width shall be 30 feet subject to approval of the Director and Town Engineer, exclusive of the ama provided for a median divider. 4. Modified width. The review authority may modify the driveway width based on recommendations from the Town Engineer. Eo Clearance from obstruction. The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk. Driveways shall have an overhead clearance of 15 feet in height except within a parking structure which may be reduced to seven feet, six inches. Traffic safety sight area. Structures or landscaping over 30 inches in height shall not be allowed within a traffic safety sight area except elements associated with a public utility or a traffic safety device. 18.48.090 - Bicycle Parking and Support Facilities Bicycle parking facilities shall be provided for non-residential and multi-family residential uses as follows. Number of spaces required. Multi-family residential projects with 11 or more dwelling units, and all non-residential projects, shall provide bicycle parking spaces at a rate of five percent of the number of vehicle parking spaces required by Section 18.48.040 (Number of Parking Spaces September 2001 III- 128 TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 Required), with a minimum of three spaces required in all cases. The Director may modify this requirement where it can be demonstrated that a lesser number of bicycle spaces can adequately serve the intended use. Bo Nonconforming uses. Any existing non-residential use without bicycle parking spaces shall provide the number of bicycle spaces required by this Section for the area of any proposed expansion or intensification. C. Bicycle parking design and devices. Bicycle parking areas shall be designed and constructed as follows. 1. Parking equipment. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle. 2. Parking layout: a. Aisles. Providing access to bicycle parking spaces shall be at least five feet in width; b. Spaces. Each bicycle space shall be a minimum of two feet in width and six feet in length and have a minimum of seven feet of overhead clearance; c. Relationship to structure entrances. Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure; and do Relationship to motor vehicle parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet of open area, marked to prohibit motor vehicle parking. C. Bicycle parking area surfacing. Bicycle parking areas shall be surfaced so as to keep the area in a dust-free condition, subject to the approval of the Director. Shower and locker facilities encouraged. The Town encourages shower and locker facilities in projects when appropriate. Incentives may be provided (e.g., reduction of required parking) when it can be demonstrated that providing these facilities will help reduce vehicle trips generated by the particular use. The granting of incentives (e.g., waiver or modification of development standards) shall be through the approval of a Minor Use Permit (Chapter 18.76). 18.48.100 - Off-Street Loading Space Requirements Number of loading spaces required. Non-residential uses with less than 5,000 sq.ft, of gross floor area shall provide one off-street loading space, which may be combined with an off-street parking space. Non-residential uses with 5,000 square feet of floor area or more shall provide off- street loading space in compliance with Table 3-13. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. September 2001 III-129 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 TABLE 3-13 REQUIRED LOADING SPACES I Type of Land Use I Total Gross Floor Area I Loading Spaces Required Manufactunng, research and 5,000 to 20,000 sq.ft. I space development, institutional, and service uses 20,001 sq.ft, or more I for each additional 20,000 sq.ft, plus additional as required by Director. Office uses 5,000 to 35,000 sq.ft. I space 35,001 sq.ft, or more 1 for each additional 35,000 sq.fl., plus additional as required by Director. Commercial and other allowed uses 5,000 to I0,000 sq.ft. I space 10,001 sq.ft, or more 1 for each additional 10,000 sq.ft.. plus additional as required by Director. Standards for off-street loading areas. Off-street loading areas shall be provided in the following manner: 1. Dimensions. Loading spaces shall be not less than 15 feet in width, 25 feet in length, with 14 feet of vertical clearance; o Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s); Loading doors and gates. Loading bays and roll-up doors shall be painted to blend with the exterior structure wall(s) and be located on the rear of the structure only. Bays and doors may be located on the side of a structure, away from a street frontage, where the Director determines that the bays, doors and related tracks can be adequately screened from view from adjacent streets; 4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances; 5. Location. Loading spaces shall be located and designed as follows: a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible; b. Situated to ensure that the loading facility is screened from adjacent streets as much as possible; September 2001 1II-I30 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking and Loading Standards 18.48 c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent public fights-of-way or other traffic areas on-site; d. Situated to ensure that vehicular maneuvers occur on-site and away from parking areas and driveways; and Situated to avoid adverse impacts upon residential properties, and landscaped in compliance with Section 18.40.040.B (Site Landscaping Requirements - Parking Areas). 6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 18.30.110 (Screening); and Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. 18.48.110 - Downtown Parking Off-street parking requirements for uses in the Downtown Residential Zoning Districts and the Downtown Commercial and Manufacturing Zoning Districts may be provided in one or more of the following manners: A. Off-street parking provided in accordance with this Chapter; B. An in-lieu parking fee in accordance with Section 18.12.070(A); C. Off-street parking provided on on a non-contiguous, separate parcel or parcels subject to all of the following requirements: The off-street parking shall be approved as part of the land use permit and comply with all applicable standards of Chapter 18.40 (Landscape Standards) and Chapter 18.48 (Parking and Loading Standards); The parcel(s) on which the parking is proposed to be provided shall be located in the DMU, DC, DM, DRM, or DRH zoning district and shall be located within 300 feet from the parcel containing the use the parking is intended to serve; 3. Due to existing site conditions, the review authority shall find that it is not feasible to provide the required off-street parking on the parcel containing the use; and The parcel(s) on which the parking is proposed to be provided is under the control of the same business or ownership entity as the parcel containing the use, and a deed restriction is recorded in the Nevada County Recorder's Office on the parcels. The deed restriction shall prohibit the conveyance or transfer of the parcels separately from each other during the period the use is operating. September 2001 II1-131 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Parking and Loading Standards 18.48 On-street parking provided within the street right-of-way in front of the parcel containing the use subject to all of the following requirements: 1. A minor use permit shall be approved in compliance with Chapter 18.76; 2. The review authority shall find that the on-street parking does not currently existing or the condition of the parking is substantially below Town standards; The property owner and/or business owner shall construct the on-street parking in accordance with the Public Improvement and Engineering Standards and the requirements of the Town Engineer; 4. The on-street parking shall be located directly adjacent to the parcel containing the use; 5. One on-street parking space shall be equivalent to 0.75 of an on-site parking space; An agreement shall be executed between the property owner, business owner, and the Town requiring the property owner and/or business owner to provide street maintenance services and snow removal on the on-street spaces as required by the Town Engineer; 7. The on-street parking spaces shall be available for public parking with no exclusive occupancy for the business(es); Fo[' any portions of the on-street parking located within the parcel containing the use, a public use easement shall be executed and recorded in the Nevada County Recorder's Office; 9. The on-street parking shall not be identified in the Downtown Specific Plan as part of a public parking lot or as a streetscape improvement for the street; 10. The review authority shall find that the on-street parking will not hinder future improvement plans for the street, will not result in traffic safety hazards, and will not unduly interfere with traffic flow. Other on-street and off-street parking proposals that do not comply with Subsections A, B, C, and/or D may be authorized through approval of a Minor Use Permit in compliance with Chapter 18.76. September 2001 III-132 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 CHAPTER 18.50 - PARKING DESIGN GUIDELINES Sections: 18.50.010 - Purpose of Chapter 18.50.020 - Applicability 18.50.030 - General Parking Guidelines 18.50.040 - Access and Circulation 18.50.050 - Parking Lot Design 18.50.060 - Pedestrian Connections 18.50.010 - Purpose of Chapter This Chapter provides parking design guidelines to assist property owners and project designers in understanding the Town's goals for attaining high quality development that is sensitive to the Town's unique character. 18.50.020 - Applicability These guidelines will be used during the land use permit process as additional project review criteria. The provisions of this Chapter apply whenever access and/or parking are provided for a project regardless of whether the access or parking are required by this Development Code. Any addition, relocation, or construction requiring land use permit approval in compliance with Article IV (Land Use and Development Permit Procedures), shall follow these guidelines where applicable. The following guidelines may be interpreted with some flexibility in their application to specific projects as not all design criteria may be workable/appropriate for each project. In some circumstances, a guideline may be relaxed in order to accomplish another, more important guideline. The overall objectives are to ensure that the intent and spirit of the design guidelines are followed and to attain the best possible design within reason. September 2001 III-133 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 18.50.030 - General Parking Guidelines Location of parking areas. Aside from concerns for traffic safety and efficiency, the appearance of parking lots, from the standpoint of their visual impact, is an important concern. Projects should be laid out so that parking lots are not the dominant feature of the development when viewed from the street. Generally, it is not advisable to place the parking area along the front of the site because it creates a negative visual impact which detracts from the project's architectural image. Parking placed along the side or to the mar of a site, or within a complex of buildings, allows project architecture and the beauty of the landscaped open space to take precedence. See Figure 3-22. Limiting pavement. Paving areas of the site for parking and other vehicle use FIGURE3-22 beyond the minimum necessary to comply LOCATION OF PARKING AREAS with the requirements of this Development Code is strongly discouraged. The Town requires significant landscaping adjacent to the perimeter of the parking area and along the street frontage to soften the appearance of paved areas and to provide sufficient snow storage areas during the winter months. 18.50.040 - Access and Circulation Primary project entries should be designed as special statements reflective of the character of the project. The goal should be to establish a distinctive and inviting image for the project. Textured paving, flowering accents, low walls, shrubs, and the use of specimen trees (36" box or larger) should be used to generate visual interest at entry points to commercial centers. B. Entry drives on larger projects (200 or more parking stalls) should include a minimum five foot wide landscaped median to separate incoming and out-going traffic. See Figure 3-21. C. Driveways should be coordinated with existing or planned median openings. Driveways should also align with driveways on the opposite side of the roadway. The first parking stall that is perpendicular to an entry driveway or the fin:st aisle juncture that is perpendicular, should be a least 40 feet back from the curb to provide adequate vehicle queuing distance offthe street. With larger centers, a longer setback distance may be required. See Figure 3-22. September 2001 III- 134 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 5 ft.iin FIGURE 3-21 ENTRY DRIVES, LARGE LOTS FIGURE 3-22 QUEUING AREA Non-residential projects are encouraged to provide cross-access to adjacent non-residential properties for convenience, safety and efficient circulation. A Mutual Access Agreement shall be executed where cross access is provided. A shared parking reduction may be allowed in compliance with Section 18.48.050 (Adjustments to Off-Street Parking Requirements). 18.50.050 - Parking Lot Design Parking lots should be designed with a hierarchy of circulation: major access drives with no parking; major circulation drives with little or no parking; and then parking aisles for direct access to parking spaces. Small projects may need to combine components of the hierarchy. B. Proposed parking lots with compact spaces should be designed to disperse the compact spaces throughout the parking area. C. Parking lots should include landscaping that accents the importance of the driveways from the street, frames major circulation aisles, and highlights pedestrian pathways. See Figure 3-23. FIGURE 3-23 CIRCULATION HIERARCHY AND LANDSCAPING September 2001 II1-135 TRVCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 Drop-off points (i.e. wider aisles) located near entrances to major buildings and plaza areas should be provided for projects over 50,000 square feet of building area. Parking areas should be separated from buildings by either a raised walkway or landscape strip at least four feet wide. Situations where parking aisles or spaces directly abut the building are strongly discouraged. See Figure 3-24. Intersections should be kept to a minimum and dead end aisles should be avoided unless absolutely necessary and then proper backup areas are required. Parking lots should be broken up into segments or modules by means of intervening landscaping, access driveways, or structures to avoid large unbroken expanses of paved area. Parking and circulation areas should be screened from public streets by combinations of low walls, berms, plant materials and changes in grade. The height of the screen should not cause visibility problems at entrances or along pedestrian ways. See Figure 3-26. Walkway with landscape pockets Landscape st~p FIGURE 3-24 SEPARATION OF PARKING FROM STRUCTURES _ ,,, I1111111II1 DL~couraged Preferred FIGURE 3-25 PEDESTRIAN CIRCULATION September 2001 III- 136 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 Landscapescreen FIGURE 3~26 SCREENING FOR PARKING AREAS 18.50.060 - Pedestrian Connections Pedestrian and bicycle access should be designed to physically and visually link the site to the public sidewalk and bikeway system as an extension of the project's circulation system and to separate pedestrian and vehicular traffic. Also, provision should be made for direct pedestrian links between the project and adjoining projects and residential areas, whenever appropriate. Projects should include a system of pedestrian walkways that interconnect business entries with each other and with parking areas. Walkways should connect individual structures within a project directly without forcing pedestrians to mix with vehicular traffic. See Figure 3-27. September 2001 III-137 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Parking Design Guidelines 18.50 Where pedestrians mix with traffic, parking lots should be designed so that pedestrians walk parallel to moving cars. This will minimize the need for pedestrians to cross parking aisles and landscape areas. See Figure 3-25. Walkway layout should anticipate pedestrians' desired movements and should provide direct routes whenever feasible. Sidewalks should not be used for snow storage areas. Meandering sidewalks, while encouraged, should contain only shallow curves to avoid frustrating pedestrians with unnecessary detours. Parking lot design should include pedesttfan connecttons fern transit stops to storefronts and convenient access to adjacent buildings. Walkways should be well-marked by FIGURE 3-27 means of low-level directional signs, PEDESTRIAN CONNECTIONS lighting, distinctive paving, and landscaping. Where feasible, trellises, arbors, arcades, or similar features should be used to cover walkways and provide clear identification of facilities. Where textured paving is used, it should not be so rough or irregular as to make walking difficult, snow and ice removal difficult, or discourage the use of baby strollers or wheelchairs. September 2001 1111-138 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Rail Corridor Standards 18.52 CHAPTER 18.52 - RAIL CORRIDOR STANDARDS Sections: 18.52.010 - Purpose of Chapter 18.52.020 - Applicability 18.52.030 -Land Use Limitations 18.52.040 - Additional Uses 18.52.010 - Purpose of Chapter This Chapter provides standards and procedures which identify: A. The Town's Rail Transportation Corridor; B. Allowable land uses that are appropriate for the corridor; and C. The authority of the Commission to allow additional land use activities, subject to the approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). 18.52.020 - Applicability All lands within the Union Pacific Railroad right-of-way, outside of the boundaries of the Downtown Study Area, are designated a Rail Transportation Corridor, in compliance with the Land Use Element of the General Plan. The provisions of this Chapter apply to all land uses and proposed development within the Rail Transportation Corridor. 18.52.030 - Land Use Limitations Proposed development and new land uses within the Rail Transportation Corridor shall be limited to the following: A. Railroad facilities. Railroad operations and facilities; B. Utility lines. Surface and subsurface utility lines; and Co AHowable land uses. Land uses allowed in the applicable zoning district as shown on the Zoning Map and, as identified for each zoning district in Article II (Zoning Districts and Allowable Land Uses). September 2001 1II-139 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Rail Corridor Standards 18.52 18.52.040 - Additional Uses With Use Permit approval, the Commission may authorize commercial and manufacturing uses within portions of the Rail Transportation Corridor that are not located in commercial or manufacturing zoning districts, provided that the Commission can make the following findings, in addition to those required by Section 18.76.030 (Findings and Decision), for the approval of a Use Permit. The proposed land use shall: A. Require delivery or distribution of goods by rail; and B. Have direct access to a rail siding or spur. September 2001 III- 140 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 CHAPTER 18.54 - SIGNS Sections: 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 Purpose of Chapter Applicability Sign Plan Review Requirements Comprehensive Sign Program Prohibited Signs General Requirements for All Signs Standards for Specific Types of Signs 18.54.080 - Sign Standards by Zoning District 18.54.090 - Nonconforming or Abandoned Signs 18.54.010 - Purpose of Chapter This Chapter provides minimum standards to safeguard life, health, property and public welfare, and to preserve the character of the Town by regulating the size, height, design, quality of materials, construction, location, lighting and maintenance of signs and sign structures not enclosed within a building. These standards are intended to: A. Provide a reasonable and compreh¢_.sive system of sign controls; B. Encourage signs that are well designed and pleasing in appearance by providing incentive and latitude for variety, good design relationship, spacing and location; C. Encourage a desirable Town character with a minimum of clutter, while recognizing the need for signs as a major form of communication; D. Provide for fair and equal treatment of sign users; E. Provide for maximum public convenience by properly directing people to various activities; and Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstmctions, including blinking signs, excessive number of signs, or signs that in any way resemble official signs. 18.54.020 - Applicability The standards of this Chapter shall apply to signs in each zoning district in the Town. Only signs authorized by this Chapter shall be allowed in the applicable zoning district unless otherwise expressly provided in this Chapter. If a new zoning district is created after the enactment of this Chapter, the Director shall have the authority to determine the applicability of appropriate sign regulations in compliance with Chapter 18.03 (Interpretation of Code Provisions) until this Chapter is amended to govern the new zoning district. September 2001 III-141 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Signs 18.54 The Sign Design Guidelines (Chapter 18.56) shall be used during review of the project land use permit application to ensure that signs are well designed, compatible with the existing and future land uses and signs in the vicinity, and do not detract from the overall visual quality of the Town. D. Definitions and graphics for sign types and other terms used in this Chapter are found in Chapter 18.220 (Definitions, Glossary). 18.54.030 - Sign Plan Review Requirements Ao Sign Plan review required. To ensure compliance with the requirements of this Chapter, Sign Plan review and approval by the Director shall be required before any permanent or temporary sign is erected, moved, altered or reconstructed. Sign Plan review shall be initiated when a completed application is submitted to the Department. For projects that include signs and that require an administrative land use permit, a separate Sign Plan application is not required. Sign plan review for temporary signs may be approved on an annual basis provided the applicant submits a plan for the display of all temporary signs for a period of 12 consecutive months. B. Approval of Sign Plan. The Director shall approve a Sign Plan application, with or without conditions, only if all of the following findings can be made: The proposed sign is allowed by Article II (Zoning Districts and Allowable Land Uses) within the applicable zoning distric ::nd complies with all applicable provisions of this Chapter, the Development Code, ti~c Municipal Code, and the Public hnprovements and Engineering Standards; and The proposed sign is consistent with the design guidelines and historic design guidelines (for signs in the -liP district), achieves the overall design objectives of the guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood. Exemptions from Sign Plan review. Sign Plan review shall not be required for the following signs. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site. 1. Permanent signs. a. Official and legal notices required by a court or governmental agency; b. A sign required by a law, ordinance or governmental regulation, including signs erected by a public utility; c. Signs on licensed commercial vehicles, including trailers; provided, however, that vehicles/trailers shall not be used as parked/stationary outdoor display signs; d. Bench and other signs located at Town public transit locations and approved by the Public Works Director; and September 2001 III- 142 Signs TRUCKEE MUNICIPAL CODE - TITLE 1 $, DEVELOPMENT CODE 18.54 Permanent signs limited by maximum areas. The following signs are exempt from Sign Plan review subject to the following limitations: a. Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multi-family unit; A Sign for commercial, office and industrial uses located near the building or business entrance not exceeding two square feet and limited to business name, hours of operation, address and emergency information; Vehicle oriented safety and directional signs solely for the purpose of guiding traffic, parking, and loading on private property, and not bearing advertising materials. Maximum sign area shall be four square feet. Maximum height for freestanding signs shall be four feet. Taller signs may be approved by the Director, if visibility will not be impaired; Affiliation signs that show notices of services provided or required by law, trade affiliations, credit cards accepted, and the like provided the signs are located at the building entrance or the business entrance into the building. Signs or notices shall not exceed one-half square foot in area per sign, and no more than six signs are allowed per business; eo Gasoline pump signs identifying the brand, types, and octane rating provided the signs do not exceed two square feet per pump face with a maximum of 16 square feet provided the sign location is approved by the Director; Names of structures, commemorative plaques, tables, dates of construction, and the like when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material and mounted permanently on a structure. These signs shall not exceed four square feet and six feet in height; and Official flags of a nation, the State of California and other states of the Nation, municipalities, and fraternal or religious organizations, and the nationally recognized POW/MIA flag, provided that the pole height shall not exceed 25 feet and the length of the flag shall be not more than 1/4 of the height of the pole. Larger flags may be approved subject to approval by the Director. h. Open/closed signs not exceeding two square feet in area and located in close proximity to the business entrance. 3. Temporary signs limited by size and period of display. a. Community event signs. Community event signs shall be allowed, as approved by the Director, in compliance with the following: (i) Signs may be posted only after review and approval by the Director; (2) Signs shall be located in designated locations; September 2001 III- 143 Signs TRUCKEE MUNICIPAL CODE - TITLE | 8, DEVELOPMENT CODE 18.54 ho do (3) Signs may be posted three weeks prior to and during the event and shall be removed within two days following the event; and (4) Maximum sign area shall not exceed 50 square feet. (5) Two A-frame or sandwich board signs not to exceed 16 square feet per sign may be displayed on the site during the days of the event. Construction signs. Construction signs providing the names of the architects, engineers, and contractors working on the site subject to compliance with the following limitations: (1) Signs not to exceed a cumulative size of 20 square feet with a maximum height of 10 feet for any sign. Maximum cumulative size of 50 square feet if combined with a future tenant sign; and (2) Signs shall be removed upon occupancy of the site. Future tenant signs. Future tenant identification signs which advertise the future use of a property subject to compliance with the following limitations: (1) One sign per street frontage except where a project has in excess of 500 linear feet of street frontage, one additional sign may be allowed; (2) Signs shall be limited to a maximum of 32 square feet and 10 feet in height. Maximum 50 square feet if combined with a construction sign; (3) Signs shall be removed upon occupancy of the site; and (4) The use of the property shall have a land use permit approved in accordance with the requirements of this Development Code. Temporary business identification signs. A maximum of one temporary sign per street frontage, not exceeding two temporary signs, for the identification of a new business until permanent signs can be erected are allowed for a period not to exceed 90 days. One time extension up to a maximum of 90 days may be granted by the Director. Maximum sign area is limited to 50 square feet. Real estate signs. Real estate signs are allowed in any zoning district on properties that are for sale, lease, or rent subject to the following limitations: (i) For single-family dwellings, one sign per street frontage not to exceed four square feet in area and ten feet in height. In addition, "open house" signs are allowed when a sales agent or owner is present at the site or the house is opened for viewing. A-frame signs with a maximum size of 16 square feet are allowed as "open house" signs; (2) For multi-family dwellings, one sign per street frontage not to exceed 32 square feet and 10 feet in height; September 2001 II1-144 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 (3) Individual commercial, office and industrial properties not located in a commercial center or industrial/business park, one sign per street frontage not to exceed 32 square feet and 10 feet in height; and (4) Individual tenant spaces within multi-tenant commercial centers, office structures and industrial subdivisions offered for sale, rent, or lease, one sign per street frontage not to exceed 16 square feet and ten feet in height. In addition, one sign for each tenant space available not to exceed six square feet to be located at the individual tenant space for rent or lease. Signs shall be allowed for existing commercial centers, office structures, and industrial subdivisions and for proposed commercial centers, office structures, and industrial subdivisions that have received approval of a land use permit for the use. (5) Signs shall not be located within any public right-of-way. Political signs. Temporary political signs not exceeding 16 square feet for each property in residential zones and 32 square feet for each property in non-residential zones, provided that campaign signs are not posted more than 60 days preceding the election and are removed within 14 days following the election. 18.54.040 - Comprehensive Sign Program Purpose. The purpose of a Comprehensive Sign Program is to integrate a project's signs with the structure's design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for multi-tenant projects in order to encourage maximum incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the intent of this Chapter. B. Applicability. 1. New development. Approval of a Comprehensive Sign Program shall be required for all new multi-tenant projects. 2. Existing development. Existing multi-tenant developments may request approval of a Comprehensive Sign Program. o Modification of standards. In approving a Comprehensive Sign Program, the review authority may allow modifications to the standards of this Chapter for the purpose of achieving the highest quality signs that are compatible with the character of the project's design theme and that are well integrated with the overall scale of the proposed development. The standards for signs provided in this Chapter along with the Sign Design Guidelines (Chapter 18.56) shall serve as a reference for the review and approval of a Comprehensive Sign Program. Future sign approval requests. Once a Comprehensive Sign Program is approved for a particular development, all future requests for approval of Sign Plans shall comply with the standards established by the approved Sign Program. September 2001 III-145 Signs TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE 18.54 Co Do Eo Application requirements. The following information is required for submittal of a Comprehensive Sign Program. 1. Plans, to scale, to include the following: a. Sign details indicating sign area, dimensions, colors, materials, letter style, proposed copy, letter height and method of illumination for all signs; b. Site plan indicating the location of all existing and proposed signs with sign area dimensions; c. Building elevation(s) with sign location depicted with dimensions; and d. A summary table showing the complete sign program and total square foot area of all signs. A statement explaining how revisions/modifications/replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure's exterior by mounting brackets, electrical connections, or similar items; and 3. Supplemental information required by the Director. Lessees to be informed of comprehensive sign program. Lessees within developments governed by an approved Comprehensive Sign Program shall be made aware of the Program in their lease and their responsibility to follow the approved Comprehensive Sign Program. Findings. In approving an application for a Comprehensive Sign Program, the review authority shall make the following findings in addition to those required for the land use permit: 1. The Comprehensive Sign Program satisfies the purpose of this Chapter and the intent of this Section; The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or developments they identify, and to surrounding development; The Comprehensive Sign Program accommodates future revisions which may be required due to changes in use or tenants; and The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes of this Chapter. Revisions to Comprehensive Sign Programs. Revisions to a Comprehensive Sign Program may be approved by the Director if it is determined that the revision is minor and that the intent of the original approval, and any conditions attached thereto, are not affected. For revisions that would September 2001 1II-146 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Signs 18.54 substantially deviate from the original approval, the Director may require that a modification to the land use permit application be filed. 18.54.050 - Prohibited Signs The following signs are inconsistent with the purposes and standards of this Chapter and are, therefore, prohibited in all zoning districts: A. A sign not in compliance with the provisions of this Chapter; B. Abandoned signs and sign structures (see also Section 18.54.090 (Nonconforming or Abandoned Signs)), and signs that are determined by the Director to be deteriorating from inadequate maintenance, evidenced by faded or otherwise unreadable copy, peeling paint, missing parts, or other similar conditions; C. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except barber poles; D. Banners, streamers, and pennants, except as specifically allowed by the provisions of Section 18.54.030.C (Exemptions from Sign Plan Review); E. Bench signs, except at approved bus passenger loading areas; F. Changeable copy signs, except as approved for a community information, religious facility, movie theater, or gasoline pricing sign; Electronic reader board signs; Flags that advertise a business, product, or service; Inflated signs, balloons, and figures except as provided in Section 18.54.030.C (Exemptions from Sign Plan Review); Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value; Off-site signs not specifically allowed by the provisions of this Chapter, including billboards and outdoor advertising; Portable freestanding signs not specifically allowed by the provisions of this Chapter, including sandwich board signs and A-frame signs; Roof signs extending above the edge of the roof of a structure; Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story; September 2001 III- 147 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 O. Signs emitting audible sounds, odors, or visible matter; and Signs attached to, suspended from, or supported by any vehicle, the purpose of which is to attract attention to a product of business located on the site. Signs painted directly on, or permanently affixed to a vehicle that is regularly used in the business to which the signs pertain shall be allowed when the signs are displayed for purposes other than as an advertising device. Signs on vehicles shall conform to the requirements of the California Vehicle Code, excluding signs on public buses and trains. 18.54.060 - General Requirements for All Signs Sign maintenance. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance. When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure. B. Measurement of sign area. The surface area of a sign shall be either the area of the entire sign face, or where individual sign letters and/or other components are mounted individually on a building wall, the area calculated by enclosing the extreme limits of all writing, logo, representation, emblem, or other display within a single square or rectangle with no more than four lines. 2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area. Double-faced (back-m-back) freestanding signs shall be considered as a single sign face for purposes of calculating allowable sign area only if the distance between each sign face does not exceed two feet and the copy is identical on both faces. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. September 2001 III-148 Signs TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE 18.54 WIDTH WIITFH WIDTH WI[II'It W1DTH WIDTH FIGURE 3-28 MEASUREMENT OF SIGN AREA ProperS, Line Sign Width Sign Height FIGURE 3-29 MEASUREMENT OF SIGN HEIGHT September 2001 III- 149 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Signs 18.54 C. Illumination of signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs: 1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign; 2. The light from an illuminated sign shall not be of an intensity or brightness which will interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign; 3. Sign shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color; 4. Colored lights shall not be used at a location or in a manner so as to be confused 'or construed as traffic control devices; 5. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles; 6. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of- way or adjacent property; 7. Light sources shall utilize energy efficient fixtures to the greatest extent possible; and 8. Cabinet (can or box) signs that are internally illuminated shall have opaque backgrounds so that when the sign is illuminated, only the words or logos on the sign are lighted. D. Sign copy. The sign copy (text) of permanent signs shall include only the name, address, and/or the type of products or services offered by the business. Permanent "come-on" signs that advertise continuous sales, special prices, etc. shall not be allowed. Sign copy for the type of products or services offered by the business shall be secondary to the name of the business. 18.54.070 - Standards for Specific Types of Signs A. Awning signs. 1. Signs on awnings shall only be located on building frontages, including those fronting a parking lot or pedestrian way. 2. Signs on awnings are limited to ground level and second story occupancies only. Directory signs. Off-premises community directory, information, or welcome signs sponsored by the Town or a non-profit, community organization are intended to be a convenience for the traveling public by providing a directory of available services. The size, location, design and maintenance provisions for the sign(s) shall be determined through the Use Permit process. These types of signs may include kiosks. September 2001 III- 150 Signs TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE 18.54 C. Ground-mounted signs. 1. Signs are allowed only for frontages adjoining a public street. There shall be a minimum of 75 feet between two ground-mounted signs on adjoining sites to ensure adequate visibility for all signs. The Director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties. 3. Signs shall not project over public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic safety sight areas. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 30 square feet of sign area shall require 60 square feet of landscaped area. Off-site directional signs. Off-site freestanding signs that are intended to provide identification or directions to businesses located 300 feet or more from the main traveled way may be allowed in circumstances where on-site signs are not visible from the main road. Off-site directional signs require the approval of a Minor Use Permit (Chapter 18.76) and shall be developed in compliance with the following standards. 1. The height of a directional sign shall not exceed 10 feet measured to the highest part of the sign from the highest ground elevation immediately adjacent to the sign. The maximum sign face area for an individual business shall not exceed 15 feet. A sign for a multiple tenant commercial/industrial center may have up to 15 square feet of sign area for each tenant, but in no case shall the sign be larger than 60 square feet. 3. When an identification sign is provided for a multiple tenant site, individual businesses listed on the sign shall be subordinate to the name of the center. Product brand advertising signs. Signs that advertise specific products or brands (e.g., beer, cigarettes, etc.) are allowed in compliance with the following standards. Refer also to Section 18.54.070.I. (Temporary signs) for standards related to brand advertising and promotion signs that are not intended to be permanent. Product brand advertising signs are permitted within the total allowed sign area for the business. They are not permitted in "addition to" other permanent signs. Temporary product brand advertising signs are regulated under Section 18.54.070.I. (Temporary signs). 2. Up to four product brand advertising signs shall be allowed for each business. The maximum size of a product brand advertising sign shall be 6 square feet. Signs placed in windows shall also be regulated as window signs under Subsection 18.54.070.L (Window signs) and may not necessarily be allowed the maximum sign area. September 2001 III-151 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Signs 18.54 F. Projecting and under-marquee signs. Projecting and under-marquee signs which extend or are placed over areas used by pedestrians shall be located so that the lowest edge of any part of the sign or any related element is at least eight feet above the ground or walkway surface used by pedestrians. Projecting signs shall not project from the building face more than one-half of the width of an underlying sidewalk, and in no case more than 36 inches. G. Residential community signs. A residential subdivision may provide entry identification signs subject to the following standards. 1. The sign shall contain the name of the subdivision only. 2. A minimum 20-foot radius comer cutoff visibility area shall be provided for landscape and sign installation. Larger areas may be required by the review authority for larger projects as determined on a case by case basis. 3. Landscaping shall incorporate trees, shrubs, and groundcover. 4. The use of annual or perennial flower beds is encouraged. 5. Lighting shall be indirect. The light shall wash onto the sign and not spill beyond. Internal illumination is not allowed. 6. The sign and any supporting or associated structures should portray a rural character. The use of wood and native rock is encouraged. H. Temporary subdivision and apartment complex signs. The placement of temporary on-site subdivision and apartment complex identification/directional signs shall comply with the following standards: 1. Signs may contain only the name of the subdivision, name of the developer and/or agent, an identification emblem, sales price, and directional message; 2. A maximum of two on-site signs may be located within the project; 3. The total area of each sign shall not exceed 32 square feet; 4. The height of each sign shall not exceed 10 feet; 5. Signs shall not be illuminated; 6. Signs may be displayed during the two years following date of recordation of the final map, or until 100 percent of the units have been sold, whichever occurs first. Small apartment complexes (29 units or less) may display sales signs during construction and for a period of one year following the issuance of the Certificate of Occupancy; and 7. Apartment and group housing complexes of 30 units or more shall be considered within the definition of a subdivision for the purpose of this Subsection. September 2001 II1-152 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 I. Temporary signs. Temporary advertising and promotional signs. Temporary advertising/promotional signs are used to provide information about short-term retail sales programs and similar activities, including discounted prices, and the availability of special products. These signs are painted on a window or constructed of paper, cloth, or similar disposable materials and affixed to a window or wall. These signs are subject to the following limitations: a. Temporary signs shall be approved through the Sign Plan Review process (Section 18.54.030). Temporary signs may be displayed for a maximum of 90 days per calendar year and a maximum of 21 days per calendar year to promote an individual sale or similar activity; c. The total area of all temporary signs and banners shall not exceed 25 square feet per business; d. The area of temporary signs attached to, or painted on windows shall not exceed 25 percent of the window area; and e. Temporary signs shall not be attached to the exterior of windows or doors except painted-on signs. Temporary portable (A-frame) signs. A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This includes A-frame or sandwich board signs, but does not include temporary banners, posters, and similar signs made of nonpermanent materials. The use of small, pedestrian-oriented portable A-frame or sandwich board signs is allowed subject to the following requirements: a. Portable signs shall be approved through the Sign Plan Review process (Section 18.54.030). b. One portable sign may be allowed in addition to other permanent signs allowed for the business. Portable signs shall be counted towards the maximum cumulative time periods allowed for temporary advertising and promotional signs as established by Section 18.54.070.I. 1.b. d. Portable signs shall have a maximum sign area of eight square feet. Portable signs may be located on private property or within the street right-of-way subject to approval by the Town Engineer, provided they do not interfere with pedestrian movement or wheelchair access to, through, and around the site. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public. September 2001 III-153 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 f. Portable signs shall not encroach into required off-street parking areas, and may not be arranged so as to create site distance conflicts or other traffic hazards. g. Portable signs shall be utilized only during the regular hours of operation of the business and shall be removed during nonbusiness hours. h. No lighting is allowed for portable signs. Portable signs shall be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs should be constructed of durable, weather-resistant materials and be professional in appearance. Temporary special event signs. A special event sign or banner is intended to inform the public of a unique happening, action, purpose, or occasion, for example a grand opening or going out-of-business event, and shall comply with the following standards: a. Signs shall be approved through the Sign Plan Review process (Section 18.54.030). Temporary special event signs shall be counted towards the maximum cumulative time periods allowed for temporary advertising and promotional signs as established by Section 18.54.070.I. 1.b. Temporary special event signs may be displayed for a period of 21 days per calendar year to promote a particular event. Signs used to announce a grand opening (based on a change of ownership, change of location, new business, etc.) may be displayed for a period of 30 consecutive days in addition to the 21 days for special event signs and the maximum cumulative 90 days per calendar for temporary advertising and promotional signs. c. Maximum sign area shall not exceed 50 square feet. Inflatable devices shall not exceed 27 cubic feet. d. Signs may be placed in a street right-of-way subject to approval of the Town Engineer; and e. Signs shall not include promotional advertising. J. Theater signs. Theater identification signs. Theaters may be provided with identification signs of the same type, design, height and size as the identification signs authorized by this Chapter for the particular zoning district in which the theater is located except that: a. The total surface area of theater identification signs shall not exceed two square feet for each linear foot of building frontage or a total of 200 square feet, whichever is less; b. Theater identification signs shall not be used as reader boards; and c. Where a theater identification sign is located on an architectural structure which is incorporated into a theater building and which extends more than three feet above the September 2001 III-154 Signs TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE 18.54 building's roof line or parapet wall, the sign and the structure on which it is located shall comply with the following additional criteria: (1) The sign and the architectural structure on which it is located shall be integral parts of the architectural style or design of the theater building; and (2) Not more than 25 percent of the architectural structure shall be devoted to the sign. Theater marquee signs. Theaters may be provided with marquee signs used for the purpose of displaying the titles of current or forthcoming movies or performances. The area of theater marquee signs shall not exceed 40 square feet for each movie screen and shall be in addition to other signs allowed by this Chapter. Theater poster cases. Theaters may be provided with glass-enclosed cases used for the purpose of displaying posters that advertise current or forthcoming movies. One poster case, not exceeding 20 square feet in size, may be provided for each movie screen. Additional poster cases, each not exceeding 20 square feet in size, shall also be allowed provided that the area of additional poster cases and the area of all identification signs does not exceed a total of two square feet for each linear foot of building frontage or total of 200 square feet, whichever is less. K. Wall signs. 1. Signs shall be located only on building frontages unless specifically approved by the Director. 2. Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches. 3. Signs shall not project above the edge of the roof of a structure. 4. Signs shall not be placed to obstruct any portion of a window. L. Window signs. Signs shall be allowed only on windows located on the ground level. For businesses with no part of the business located on the ground level, signs shall be allowed on the second story of a building frontage. 2. Signs may be permanently painted or mounted on the interior or exterior of windows and doors. 3. Signs shall not occupy more than 50 percent of the window area of any one window including permanent and temporary signs. September 2001 III-155 Signs TRUCKEE MUNICIPAL CODE ~ TITLE 18, DEVELOPMENT CODE 18.54 M. Internally Illuminated Signs The background for internally lit signs shall be opaque. Lighting shall radiate only from the lettering and logo areas of the sign. 2. Metal framing for the sign shall not be visible from the public view. 18.54.080 - Sign Standards by Zoning District General sign requirements. All signs shall comply with the limitations on the type, number, area, location, and lighting of signs, and other requirements of this Section, and all applicable provisions of this Chapter. Only signs authorized by this Section shall be allowed in each zoning district, unless otherwise expressly provided in this Chapter. Reduction of allowable sign area. The maximum area allowed for each class and type of sign by this Section shall be for externally illuminated signs constructed primarily of natural materials. If a business, multi-tenant building, or multi-tenant site contains any plastic, can/box, or similar signs made of non-natural materials or any signs that am internally illuminated, the total allowable sign area shall be restricted to 50 percent of the total area otherwise allowed by this Section. A plastic, can/box, or internally lit sign shall be restricted to 50 percent of the total area allowed for ~he sign type (i.e. ground mounted, monument, wall) otherwise allowed by this Section. Also, the maximum area allowed for each class and type of sign may be reduced to comply with the Sign Design Guidelines (Chapter 18.56) and the Historic Preservation Design Guidelines (Chapter 18.26). C. Sign height limitations. All signs shall comply with the height limitations of this Section, except that greater sign height may be authorized through Minor Use Permit approval. September 2001 III- 156 Signs TRUCKEE MUNICIPAL COD~ ITLE 18, DEVELOPMENT CODE 18.54 D. Signs Permitted in the Residential (RR, RS, RM, DRS, DRM, and DRH) Zoning Districts: Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-family and Name plate or Exempt I per dwelling or Below cave of Wail, fence, or Yes Name and address of duplex identification street address occupant; 2 s.f. roof mailbox occupant only 2. Multi-fanrily and dormitory Street address Exempt 1 per building; 2 Below cave of Wall Yes Address of building only identification s.f. roof Wall or ground- Sign Permit or i per street Below cave of 10 ft. ~ninimum Indirect Name and address of facility mounted Land Use frontage; 24 s.f. roof; front setback, only only Permit ~nax. per sign 8 lt. ground- 5 ft. side setback mounted 3. Group care homes, B&Bs Wall or ground- l per street Below eave of 10 ft. min. fi'ont Indirect Name and address of facility boarding/rooming houses, mounted frontage; 12 s.f. roof; setback, 5 fl. side only only; telephone numbers fraternity/sorority houses max. per sign 6 ft. ground- allowed for B&Bs ~nounted 4. Child care facilities Wall or ground- 1 per street Below cave of 10 ft. min. front No Name and address of facility mounted frontage; 6 s.f. roof, setback, 5 ft. side only max. per sign 6 ft. ground- mounted 5. Religious, educational, Wall, projecting Director approval Below cave of i0 ft. min. front Indirect Name and address of facility governmental, recreational & directory roof, setback, 5 ft. side only only 6 ft. monument 6. Retail and service uses Wall or ground 1 per street Below cave of 10 ft. min. front Indirect Copy limited to name of mounted frontage; 24 s.f. roof, setback, 5 ft. side only business only. max. per sign 6 ft. ground- mounted 7. Mobile home park, Wall or I per access drive; 8 ft. wall, or I0 ft. min. front Indirect Name of mobile home park, campgrounds monument 24 s.f. max. per 8 ft. monument setback, 5 ft. side only address m~d directory only. sign September 2001 Ili-157 Signs TRUCKEE MUNICIPAl. CODE - TITLE 18, DEVELOPMENT CODE 18.54 D. Signs Permitted in the Residential (RR, RS, RM, DRS, DRM, and DRH) Zoning Districts (cont.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 8. Subdivision - Temporary Ground ~nounted 1 per major 10 Ii. No To be removed within 30 entrance; Director days of sale/rental of last approval for size On project site, 10 unit of project. ft. min. from a Subdivision - Permanent Monument 1 per major 8 ft. street Indirect Per Tentative Map approval entrance; Size per only Tentative Map approval 9. Real estate - Wall or ground I per dwelling; 4 10 ft. On property being No Copy limited to sale, rent, or Single-family/duplex mounted s.f., 16 s.f. for A- offered lease of site. frame sign 10. Real Estate - Wall or ground 2 per lot; 32 s.f. 10 ft. On property being No Copy limited to sale, rent, or Multi-family mounted per sign offered lease of units. Set ~her2001 TRUCKEE MUNICII'AL COD, 1TLE 1 8, DEVELOPMENT CODE Signs 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Commercial, Neighborhood) Zoning District: Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-tenant sites, not part Total allowable aggrcgate of a center sign area for all signs - 1.5 s.f. of sign area per lineal foot of building frontage. Refer to Section 18.54.080.B for other sign area restrictions. All signs requiring a laod use permit or sign plan must comply with Chapter 18.56 (Sign Design Guidelines). a. Business identification Wall Sign Plan I wall sign per Below eave or May be located on Yes Refer to Section 18.54.070.K street frontage 20 ft., parapet or canopy Indirect for other requirements. from which the wl~ichever is only business has direct less Refer to Section 18.54.080.B access for other sign area restrictions. 1.0 s.f. of sign area per lineal foot of building frontage for ground floor uses, 0.75 s.f. of sign area for frontage on secondary street, 50 s.f. max. for all wall signs b. Monument or ground- 1 for DMU and 8 fl. mounted DC districts, 10 s.f. max Not permitted in CN September 2001 III- 159 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 Uo Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-tenant sites, not part of a center (cont.) c. Business identification Projecting or Sign Plan I per business Beneath cano- No Refer to Section 18.54.070.F under marquee (double face) py or marquee for other requirements. 4 s.f. per sign face If no canopy Refer to Section 18.54.080.B or marquee, 12 for other sign area ft. max restrictions. fl. Business identification Window Sign Plan or 15% of window Not allowed No, Temporary window signs Temporary area above second except shall count towards Sign Permit fioor neon allowable total aggregate If there is no wall signs sign area. sign for business, 25% of window Refer to Section 18.54.070.L area for other requirements. e. Business identification Awning Sign Plan If there are No Refer to Section 18.54.070.A window signs for for other requirements. business, 10% of awning surface or 25 s.f., whichever is less If there is no window signs for business, 25% of awning surface or 25 s.f., whichever is less L Business location and Wall or window Exempt 2 s.f. Below eave In close proximity No Limited to business name, information to building hours of operation, address, entrance or and emergency information. business entrance Set sber 2001 Signs TRUCKEE MUNICIPAL COD. ~'ITLE i8, DEVELOPMENT COI)E 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-tenant sites, not part of a center (cont.) g. Business affiliations Wall or window Exempt 6 signs pcr Below eave In close proximity No Limited to notices of business to building services provided or required entrance or by law, trade affilicaiton, 0.5 s.f. per sign business entrance credit cards accepted, and similar signs and notices h. Vehicle safety and Wall and/or Exempt 4 s.f. per sign Below eave No Signs solely for tile purpose directional signs groundmounted for wall of guiding traffic, parking, and loading on private 4 ft. for property. May not bear groundmoun- business name, logo, or ted (Director advertising materials. may approve taller signs if visibility will not be im- paired) 1. Open/Close Wall or window Exempt 1 per business Below eave In close proxilnity No, Information to business except 2 s.f. entrance neon Septe~nber 2001 III-161 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Signs 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximmn Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign tIeight Requirements Allowed? Additional Requirements 2. Multi-tenant sites - business Comprchen- Total allowable Total altowa[~le aggregate park, shopping or sive sign aggregate sign sign area of all signs for each professional center program area for all signs individual business - 1.5 s.f. in the center - 1.5 of sign area per lineal foot of s.f. of sign area building frontage to a public per lineal foot of street and/or the pri~nary building frontage, parking area. Refer to Refer to Section Section 18.54.080.B for 18.54.080.B for other sign area restrictions. other sign area restrictions. All signs requiring a land use permit, comprehensive sign program, or sign plan shall comply with Chapter 18.56 (Sign Design Guidelines). Refer to Section 18.54.040 for comprehensive sign program requirements. a. Center identification Monument or Land Use I per street 8 ft. Shall be set back 2 Yes Cannot advertise or list Ground-mounted Permit or Sign frontage from ft. from property individual businesses in (DMU and DC Plan which the center lines and shall not center except centers with districts) has direct access interfere with five or less tenants. Centers visibility in traffic that list individual tenants on 30 s.f. maximum safety visibility the center identification sign per sign area cannot have any wall identification signs for any of the tenants in the center. Se ~ber 2001 Signs TRUCKEE MUNICIPAL CODi ITLE 18, DEVELOPMENT CODE 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximum Number and Maximmn Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign lleight Requirements Allowed? Additional Requirements 2. Multi-tenant sites - business park, shopping or professional center (cont.) b. Vehicle safety and Wall and/or Exempt 4 s.f. per sign Below cave No Signs solely for the purpose directional signs groundmounted for wall of guiding traffic, parking, and loading on private 4 ft. for property. May not bear groundmoun business name, logo, or ted (Director advertising materials. may approve taller signs if visibility will not be im- paired) c. Business identification Wall Sign Plan 1 wall sign per Below eave or May be located on Yes Refer to Section 18.54.070.K street frontage 20 ft., parapet or canopy Indirect for other requirements. from which the whichever is only business has direct less Refer to Section 18.54.080. B access for other sign area restrictions. 1.0 s.f. of sign area per lineal foot of building frontage for ground floor uses, 0.75 s.f. of sign area for frontage on secondary street, 50 s.f, max. for all wall signs September 2001 111-163 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Signs 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign lleight Requirements Allowed? Additional Requirements 2. Multi-tenant sites - business park, shopping or professinnal center (cont.) d. Business identification Projecting or Sign Plan I per business Beneath cano- No Refer to Section 18.54.070.F under marquee (double face) py or marquee for other requirements. 4 s.f. per sign face If no canopy Refer to Section 18.54080.B or marquee, 12 for other sign area ft. max restrictions. e. Business identification Window Sign Plan or 15% of window Not allowed No, Temporary window signs Temporary area above second except shall count towards Sign Permit floor neon allowable total aggregate If there is no wall signs sign area. sign for business, 25% of window Refer to Section 18.54.070.L area for other requirements. f. Business identification Awning Sign Plan If there are No Refer to Section 18.54.070.A window signs for for other requirements. business, 10% of awning surface or 25 s.f., whichever is less If there is no window signs for business, 25% of awning surface or 25 s.f., whichever is less SeI ~her 2001 Signs '1RUCKEE MUNICIPAL CODI :TLE 18, DEVELOPMENT CODE 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (com.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign IIeight Requirements Allowed? Additional Requirements 2. Multi-tenant sites - business park, shopping or professional center (cont.) g. Business location and Wall or window Exempt 2 s.f. Below cave In close proximity No Limited to business name, information to building hours of operation, address, entrance or and emergency information. business entrance h. Business affiliations Wall or window Exempt 6 signs per Below cave In close proximity No Limited to notices of business to building services provided or required entrance or by law, trade affilicaiton, 0.5 s.f. per sign business entrance credit cards accepted, and similar signs and notices i. Ope~ffClose Wall or window Exempt 1 per business Below cave In close proximity No, Information to business except 2 s.f. entrance neon 3. Service Station a. Station identification Wall Sign Plan I per street Below cave Yes Sign cannot be placed on frontage from gasoline pump canopy. which the business has direct access Refer to Section 18.54.070.K for other restrictions. 1.5 s.f. of sign area per lineal ft. of building fl'ontage III-165 September 2001 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Signs 18.54 E. Signs Permitted in the DMU (Downtown Mixed Use), DC (Downtown Commercial), and CN (Neighborhood Commercial) Zoning District (cont.): Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign lteight Requirements Allowed? Additional Requirements 3. Service station (cont.) b. Station identification Monument Land Use I per business 8 ft. Shall be set back 2 Yes Permit ft. from property 25 s.f. (30 s.f, il' lines and shall not pricing included) interfere with visibility in traffic safety visibility area c. Station pricing Wall Sign Plan I per business Below eave Yes Sign cannot be placed on gasoline pump canopy 10 s.f. e. Business affiliations Wall or window Exempt 6 signs per Below eave At business No For notices of services business entrance provided or reqnired by law, trade affiliations, credit cards 0.5 s.f. per sign accepted, and similar signs and notices f. Business location and Wall or window Exempt 2 s.f. Below eave Near business No Linuted to business name, information entrance hours of operation, address, and emergency information g. Open/Close Wall or window Exempt 1 per business Below eave In close proximity No, Information to business except 2 s.f. entrance neon 4. Residential uses For residential uses allowed in the DMU and CN zoning districts, refer to signs permitted in the residential zoning districts by Section 18.54.080.D Sel .net 2001 Signs TRUCKEE MUNICIPAL COD 'iTLE 18, DEVELOPMENT CODE 18.54 F.Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-tenant sites, not part Total allowable aggregate ora center sign area for all signs - 2 s.f. of sign area per lineal foot of building frontage. Refer to Section 18.54.080.B for other sign area rest~ ictions. All signs requiring a land use permit or sign plan must comply with Chapter 18.56 (Sign Design Guidelines). a. Business identification Wall Sign Plan 1 wall sign per Below eave Yes Refer to Section 18.54.070.K street frontage for other requirements. from which the business has direct Refer to Section 18.54.080.B access for other sign area restrictions. 1.5 s.f. of sign area per lineal ft. of buiIding frontage for ground floor uses, 1 s.f. of sign area for frontage on secondary street, 250 s.f. max. for all wall signs September 2001 III- 167 TRUCKEE MIJNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Signs 18.54 F. Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 1. Single-tenant sites, not part of a center (cont.) b. Business identification Monument Lm~d Use I monument sign 10 lt. Yes Refer to Section 18.50.070.C Pemfit or Sign per street frontage for other requirements. Plan from which the business has direct Refer to Section 18.54.080.B access for other sign mca restrictions. 25 s.f. maximum c. Business identification Projecting or Sign Plan 1 per business Beneath cano- No Refer to Section 18.54.070.F under marquee (double-faced) py or marquee for other requirements. 4 s.f. per sign face If no canopy Refer to Section 1854.080.B or marquee, 12 for other sign area ft. max restrictions. d. Business identification Window Sign Plan or 25% of window No, Temporary window signs Temporary area including except shall count towards Sign Permit permanent and neon allowable total aggregate temporary signs signs sign area. Refer to Section 18.54.070.L for other requirements Set ~ber 2001 Signs TRUCKEE MUNICIPAL COD. ITLE 18, DEVELOPMENT CODE 18.54 F. Signs Permitted ill the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign lleight Requirements Allowed Additional Requirements 1. Single-tenant sites, not part of a center (cont.) e. Business identification Awning Sign Plan I£ there are No Refer to 18.54.070.A window signs t'or other requirements. business, 10% o£ awning surface or 25 s.f. whichever is less If there are no window signs for business, 25% of awning surface or 25 s.f., whichever is less f. Business location and Wall or window Exempt 2 s.f. Below eave In close proximity No Limited to business name, information to building hours of operation, address, entrance or and emergency information business entrance g. Business affiliations Wall anWor Exempt 6 signs per Below eave In close proximity No Li~nited to notices of window business to building services provided or required entrance or by law, trade affilication, 0.5 s.f. per sign business entrance credit cards accepted, and similar signs and notices September 2001 III-169 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 F. Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Ileight Requirements Allowed Additional Requirements 1. Single-tenant sites, not part of a center (cont.) h. Vehicle safety and Wail and/or Exempt 4 s.f. per sign Below eave No Signs solely for the purpose directional signs groundmounted for wall of guiding traffic, parking, and loading on private 4 ft. for property. May not bear groundmoun- business name, logo, or ted (Director advertising materials. may approve taller signs if visibility will not be im- paired) 1. Open/Close Wall or window Exempt I per business Below eave In close proximity No, hfformation to business except 2 s.f. entrance neon Se~ ~ber 2001 Signs TRUCKEE MUNICIPAL CODI ITLE 18, DEVELOPMENT CODE 18.54 F. Signs Permitted in tile Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign IIeight Requirements Allowed Additional Requirements 2. Multi-tenant sites - business Comprehen- Total allowable Total allowable aggregate park, shopping or sive sign aggregate sign sign area of all signs for each professional center program area for all signs individual business - 2 s.f. of in tire center - 2 sign area per lineal foot of s.f. of sign area building frontage to a public per lineal foot of street and/or the primm~ building frontage, parking area. Refer to Refer to Section Section 18.54.080.B for 18.54.080.B for other sign area restrictions. other sign area restrictions. All signs requiring a land use permit, comprehensive sign program, or sign plan shall comply with Chapter 18.56 (Sign Design Guidelines). Refer to Section 18.54.040 for comprehensive sign program requirements. a. Center identification Monument Land Use 1 per street 12 ft. Shall be set back 2 Yes Cannot advertise or list Permit or Sign frontage from ft. from property individual businesses in Plan which the center lines and shall not center except professional has direct access interfere with office centers with five or visibility in traffic less tenants. Office centers 50 s.f. maximum safety visibility that list individual tenants on per sign area the center identification sign cannot have any wall identification signs for any of the tenants in the center. September 2001 III-171 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Signs 18.54 F. Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maxinlum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign IIeight Requirements Allowed Additional Requirements 2. Multi-tenant sites - business park, shopping or professional center (cont.) b. Vehicle safety and Wall and/or Exempt 4 s.f. per sign Below eave Signs soley for the purpose directional signs ground-mounted for wall of guiding traffic, parking, and loading on private 4 ft. for property. May not bear ground-moun- business name, logo, or ted (Director advertising materials. may approve taller signs if visibility will not be im- paried c. Business identificatioo Monument Land Use I if located within 8 ft. Shall be set back 2 Yes Refer to Section 18.50.070.C (detached buildings Permit or Sign 50 ft. of public ft. from property for other requirements. greater than 10,000 s.L Plan street lines and shall not of G.F.A.) interfere with Refer tn Section 18.54.080.B 25 s.f. maximum visibility in traffic for other sign area per sign safety visibility restrictions. area d. Business identification Wall Sign Plan 1.5 s.f. of sign Below eave Yes Refer to Section 18.54.070.K area per lineal foot for other restrictions. of business frontage for Refer to Section 18.54.080.B ground floor uses. for other sign area 0.5 s.f. per lineal restrictions. foot of business frontage for uses on second or subsequent floors; 250 s.f. ~nax. Se~ bet 2001 Signs TRUCKEE MUNICIPAL COD ITLE 18, DEVELOPMENT CODE 18.54 F. Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 2. Multi-tenant sites - business park, shopping or professional center (cont.) e. Business identification Projecting or Sign Plan I per business Beneath No Refer to Section 18.54.070.F under marquee (doublc-t2ced) canopy or for other requirements. marquee 4 s.f. per sign face Refer to Section 18.54.080.B If no canopy for other sign area or marquee, 12 restrictions. ft. max f. Business identification Window Sign Plan or 25% of window No, Temporary window signs Temporary area including except count towards allowable total Sign Permit permanent and neon aggregate sign area for temporary signs signs business. Refer to Section 18.54.070.L for other restrictions. g. Business identification Awning Sign Plan If there are No Refer to Section window signs for 18.54.070.A, for other business, 10% of requiremetns. awning surface or 25 s.f., whichever is less If there are no window signs for business, 25% of awning or 25 s.f. whichever is less h. Business location and Wall or window Exempt 2 s.f. Below eave In close proximity No Limited to business name, information to business hours of operation, address, entrance and emergency information September 2001 IIi- 173 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Signs 18.54 F. Signs Permitted in the CommerciaPManufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign IIeight Requirements Allowed Additional Requirements 2. Multi-tenant sites - business, shopping or professional center (cont.) i. Business affiliations Wall or window Exempt 6 signs per Below eave In close proximity No For notices of services business to business provided or required by law, entrance trade affiliations, credit cards 0.5 s.fi per sign accepted, and similar signs and notices j. Ope~ffClose Wall or window Exempt I per business Below cave In close proximity No, Information to business except 2 s.f. entrance neon 3. Service Station a. Station identification Wall Sign Plan I per street Below eave Yes Sign cannot be placed on frontage from gasoline pump canopy which the business has direct access Refer to Section 18.54.070.K for other restrictions. 1.5 s.f. of sign area per lineal ft. of building frontage b. Station identification Monument Land Use 1 per business 8 ft. Shall be set back 2 Yes Permit or Sigo ft. from property Plan 25 s.f. (30 s.f. if lines and shall not pricing included) interfere with visibility in traffic safety visibility area c. Station pricing Wall Sign Plm~ 1 per business Below eave Yes Sign cannot be placed on 10 s.f. gasoline pump canopy Se~ ~ber 2001 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Sign Design Guidelines 18.56 CHAPTER 18.56 - SIGN DESIGN GUIDELINES Sections: 18.56.010 - Purpose of Chapter 18.56.020 - Applicability 18.56.030 - Sign Design Guidelines 18.56.010 - Purpose of Chapter This Chapter provides sign design guidelines that are intended as a guide to property owners and pro~ect designers in understanding the Town's goals for maintaining high quality development that is sensitive to the Town's unique character. The guidelines encourage signs that: A. Provide clear identification for businesses and other activities; B. Are compatible with surrounding structures and streetscapes; and C. Incorporate high-quality design and materials. 18.56.020 - Applicability The provisions of this Section apply to all sign development projects within the Town that require the approval of a Sign Plan in compliance with Section 18.54.030 (Sign Plan Review Requirements). A. The guidelines complement the mandatory sign standards in Chapter 18.54and will be used during the land use permit process as additional criteria for project review. B. The following guidelines may be interpreted with some flexibility in their application to specific sign projects as not all design criteria may be workable or appropriate for each project. In some circumstances, a guideline may be relaxed in order to accomplish another, more important guideline. The overall objectives are to ensure that the intent and spirit of the design guidelines are followed and to attain the best possible design within reason. 18.56.030 - Sign Design Guidelines The following general guidelines should be considered in the design of any signs for a development project. A. Color. 1. Color is one of the most important aspects of visual communication. It can be used to catch the eye or to communicate ideas or feelings. Too many colors used simultaneously can confuse and negate the message of a sign. The number of colors should be limited to two or three on any one sign. Small accents of several colors can make a sign unique and attractive, but the competition of large areas of many different colors decreases readability. September 2001 III- 177 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Sign Design Guidelines 18.56 Bo 2. Contrast is an important influence on the legibility of signs. Light letters on a dark background or dark letters on a light background are most legible. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. Bright day-glo (fluorescent) colors or brilliant luminescent co]ors should be avoided as they are distracting and do not usually blend well with colors on structures or other background colors. 4. Sign colors should complement the colors used on the structures and the project as a whole. Signs should be painted in subdued earthtone colors only. "Day-glo" fluorescent, reflective colored materials that give the appearance of changing color, and brilliant luminescent colors should not be allowed. Earthtone colors are considered to be various shades of brown, rust, tan, ocher, ivory, umber, gold, sand, or dark green. Other colors may be accepted if the applicant can demonstrate they are appropriate to the style, are appropriate accent colors, are harmonious with the site, or are compatible with the neighborhood. Materials. Sign materials should be compatible with the design theme and use of materials on the building where the sign is to be placed. The use of a chrome and glass contemporary sign on a rustic or historic building would be as inappropriate as a rustic carved wood sign on a modem building design of steel and glass. 2. The selected materials should contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections. Except for individually mounted channel letters, internally illuminated plastic faced cabinet signs are strongly discouraged. However, plastic-faced cabinet signs may be appropriate if existing similarly situated signs on the same structure are also of the same or similar construction. In these cases, new cabinet signs should incorporate light colored or illuminated letters on a dark opaque background (field). Neon tubes are a popular sign material and can contribute to the night time ambiance of an area. However, care must be taken when using neon, because of its brightness and attention attracting properties. Not more than one wail-mounted neon sign should be used on the same facade of a building. Not more than one neon sign should be used within the same window area. Generally, signs in Truckee should be constructed of natural materials, or materials that imitate or appear like natural materials to reflect the character of the environment. Natural materials include redwood, cedar, or other kinds of wood that resist the elements well. Materials that may imitate or appear like natural materials include foamboard, pressboard, and fiberglass. The bases of signs should incorporate local stone whenever possible to provide continuity throughout the Town. The use of imitation stone is strongly discouraged. 6. Signs should be constructed of weather resistant materials. September 2001 II1-178 Signs TRUCKEE MUNICIPAL COD; ITLE 1 8, DEVELOPIVlENT CODE 18.54 F. Signs Permitted in the Commercial/Manufacturing (DVL, CG, CH, CS, DM, and M) Zoning Districts (cont.) Maximum Number and Maximum Location Lighting Sign Class Sign Type Sign Permit Sign Area Sign Height Requirements Allowed Additional Requirements 3. Service Station (cont.) I I I I I d. Vehicle safety and Wall and/or Exempt 4 s.f. per sign Below eave No Signs soley for the purpose directional signs ground-mounted for wall of guiding traffic, parking, and loading on private 4 ft. for property. May not bear ground-moun- business name, logo, or ted (Director advertising materials. may approve taller signs if visibility will not be im- pasied e. fiusiness affiliations Wall or window Exempt 6 signs per Below eave In close proximity No Limited to notices of business to business services provided or required entrance by law, trade affiliations. 0.5 s.f. per sign credit cards accepted, and similar signs and notices f. Business location and Wall or window Exempt 2 s.f. Below cave In close proximity No Limited to business name, information to business hours of operation, address, entrance and emergency information g. Open/Close Wall or window Exempt 1 per business Below eave In close proximity No, Information to business except 2 s.f. entrance neon III- 175 September 2001 Signs TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 18.54 18.54.090 - Nonconforming or Abandoned Signs Bo to Go Ho Purpose and intent. The requirements of this Section are intended to recognize that the eventual elimination of signs which do not comply with the provisions of this Chapter is as important as the prohibition of new signs that would violate these standards. Applicability. The provisions of this Section apply to any permanent or temporary sign which was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but which does not now comply with the provisions of this Development Code. Amortization and abatement. Any permanent sign which became nonconforming because of the provisions of this Chapter shall be discontinued and brought into conformity within an amortization period of 15 years from the effective date of the requirement which made the sign nonconforming. Annexed areas. Except as otherwise provided in this Section, signs in areas annexed to the Town after the effective date of this Chapter, which do not conform to the provisions of this Chapter, shall be regarded as nonconforming signs which may remain for the remaining amortization period as listed above, or for a period of five years from the date of annexation, whichever is longer. Exception. If a nonconforming sign has historical significance apart from its main purpose of advertising, the sign may be granted a Use Permit for continued use in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). Maintenance and repair. Nonconforming signs and sign structures may be maintained and repaired in compliance with Section 18.130.030 (Restrictions on Nonconforming Uses and Structures). Abandoned signs. A sign or sign structure shall be removed by the owner or lessee of the premises upon which the sign or structure is located when for a period not less than 90 days the business or product identified in the sign is no longer conducted on the premises, the structure upon which the sign is displayed is abandoned, or the advertising is no longer displayed on the sign structure. If the owner or lessee fails to remove the sign, the Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense. Public danger. A sign or sign structure shall be removed by the owner or lessee of the premises upon which the sign or structure is located if the Director determines that: I. The sign or structure is or may become a danger to public; 2. The sign or structure is unsafe; or 3. The sign or structure constitutes a traffic hazard not created by relocation of streets or highways or by acts of the Town or Nevada County. September 2001 III-176 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 CHAPTER 18.56 - SIGN DESIGN GUIDELINES Sections: 18.56.010 - Purpose of Chapter 18.56.020 - Applicability 18.56.030 - Sign Design Guidelines 18.56.010 - Purpose of Chapter This Chapter provides sign design guidelines that are intended as a guide to property owners and project designers in understanding the Town's goals for maintaining high quality development that is sensitive to the Town's unique character. The guidelines encourage signs that: A. Provide clear identification for businesses and other activities; B. Are compatible with surrounding structures and streetscapes; and C. Incorporate high-quality design and materials. 18.56.020 - Applicability The provision s of this Section apply to all sign development projects within the Town that require the approval of a Sign Plan in compliance with Section 18.54.030 (Sign Plan Review Requirements). A. The guidelines complement the mandatory sign standards in Chapter 18.54and will be used during the land use permit process as additional criteria for project review. The following guidelines may be interpreted with some flexibility in their application to specific sign projects as not all design criteria may be workable or appropriate for each project. In some circumstances, a guideline may be relaxed in order to accomplish another, more important guideline. The overall objectives are to ensure that the intent and spirit of the design guidelines are followed and to attain the best possible design within reason. 18.56.030 - Sign Design Guidelines The following general guidelines should be considered in the design of any signs for a development project. A. Color. Color is one of the most important aspects of visual communication. It can be used to catch the eye or to communicate ideas or feelings. Too many colors used simultaneously can confuse and negate the message of a sign. The number of colors should be limited to two or three on any one sign. Small accents of several colors can make a sign unique and attractive, but the competition of large areas of many different colors decreases readability. September 2001 II1-177 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 Contrast is an important influence on the legibility of signs. Light letters on a dark background or dark letters on a light background are most legible. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. Bright day-glo (fluorescent) colors or brilliant luminescent colors should be avoided as they are distracting and do not usually blend well with colors on structures or other background colors. 4. Sign colors should complement the colors used on the structures and the project as a whole. Signs should be painted in subdued earthtone colors only. "Day-glo" fluorescent, reflective colored materials that give the appearance of changing color, and brilliant luminescent colors should not be allowed. Earthtone colors are considered to be various shades of brown, rust, tan, ocher, ivory, umber, gold, sand, or dark green. Other colors may be accepted if the applicant can demonstrate they are appropriate to the style, are appropriate accent co]ors, are harmonious with the site, or are compatible with the neighborhood. Materials. Sign materials should be compatible with the design theme and use of materials on the building where the sign is to be placed. The use of a chrome and glass contemporary sign on a rustic or historic building would be as inappropriate as a rustic carved wood sign on a moderu building design of steel and glass. The selected materials should contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections. Except for individually mounted channel letters, intemally illuminated plastic faced cabinet signs are strongly discouraged. However, plastic-faced cabinet signs may be appropriate if existing similarly situated signs on the same structure are also of the same or similar construction. In these cases, new cabinet signs should incorporate light colored or illuminated letters on a dark opaque background (field). Neon tubes are a popular sign material and can contribute to the night time ambiance of an area. However, care must be taken when using neon, because of its brightness and attention attracting properties. Not more than one wall-mounted neon sign should be used on the same facade of a building. Not more than one neon sign should be used within the same window area. Generally, signs in Truckee should be constructed of natural materials, or materials that imitate or appear like natural materials to reflect the character of the environment. Natural materials include redwood, cedar, or other kinds of wood that resist the elements well. Materials that may imitate or appear like natural materials include foamboard, pressboard, and fiberglass. The bases of signs should incorporate local stone whenever possible to provide continuity throughout the Town. The use of imitation stone is strongly discouraged. 6. Signs should be constructed of weather resistant materials. September 2001 III-178 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 C. Sign legibility. See Figures 3-301 and 3-31 . Signs should use a brief message whenever possible. The fewer the words, the more effective the sign. A sign with a brief, succinct message is easier to read and looks more attractive. 2. Symbols and logos in the place of words may be used whenever appropriate. Pictographic images will usually register more quickly in the viewer's mind than a written message. Avoid spacing letters and words too close together. Crowding of letters, words or lines will make any sign more difficult to read. As a general rule, letters (sign copy) should not occupy more than 75 percent of sign panel area. IDELICATESSEN of the sign area (max.) FIGURE 3-30 USE OF SYMBOLSFLOGOS FIGURE 3-31 LETTER SPACING Limit the number of lettering styles used on a sign in order to increase legibility. A general role to follow is to limit the number of different letter types to no more than two for small signs and up to three for larger signs. 5. Avoid hard-to-read, overly intricate typefaces and symbols. Typefaces and symbols that are difficult to read reduce the sign's ability to communicate. Miscellaneous signs attached to primary signs, such as credit card or club plaques, are strongly discouraged. D. Sign illumination. If the sign can be illuminated by an indirect source of light, the sign will be more compatible and integrated with the building's architecture. Light fixtures supported in front of the structure cast light on the sign and generally a portion of the face of the structure as well. Indirect lighting emphasizes the continuity of the structure's surface and signs become an integral part of the facade. September 2001 111-179 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 The use of internally illuminated cabinet signs is strongly discouraged, and these signs are subject to greater limitations on allowable sign area than externally illuminated signs by Section 18.54.080.B (Sign Standards by Zoning District). When illuminated, these signs alone become bright, separating them from the structure's surface. The sign then becomes an element that is obviously attached to the facade of the structure rather than a part of it. This type of sign can thereby disrupt the continuity of the facade and is, therefore, strongly discouraged. Whenever indirect lighting fixtures are used (fluorescent or incandescent), the light source shall be shaded, shielded, subdued or directed so that the intensity of the light does not impact surrounding properties. Signs should be lighted only to the minimum level required for nighttime readability. Individually illuminated letters, either internally illuminated or back-lighted solid letters, are a preferred alternative to internally illuminated cabinet signs. Signs comprised of individual letters mounted directly on a structure can often use a distinctive element of the structure's facade as a backdrop, thereby providing a better integration of the sign with the structure. GLARE FROM UPLIGHTING FOCUSED DOWNLIGHTING FIGURE 3-32 ILLUMINATION CONTROL September 2001 III- 18 0 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Sign Design Guidelines 18.56 Indiwdual /offers w~th interior lighting are encouraged. I' !l ~' Backlit letter signs FIGURE 3-33 SIGN LETTER ILLUMINATION E. Sign placement. A sign should enhance a structure's architecture and not dominate the elevation on which it is placed. Signs should be consistent with the proportions and scale of the elements within the structure's facade. A particular sign may fit well on a larger, plain wall area, but might overpower the finer scale and proportion of a small shop. Likewise, a sign that is appropriate near an entry may look tiny and out of place above the ground level. These signs block build/n( SUNSHINE'S s elements and create a chaotic image. These signs comphment the building form creating a more orderly appearance. FIGURE 3-34 SIGN PLACEMENT Study the facade of the structure to determine if there are any architectural features or details that suggest a location, size, or shape for the sign(s). These could be bands or frames of brickwork, cam/ce lines, indentations or projections in the face material, gaps between columns, or other permanent features. If these details exist, use them to locate the sign(s). September 2001 III-181 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Sign Design Guidelines 18.56 Do not locate signs so that they cover architectural features (e.g., transom windows, decorative columns, cornice bands, etc.) that may be important to the structure's overall design. Look at the facade of the structure in relation to where adjacent businesses have placed their signs. There may be an established pattern of sign locations. Consistent placement of signs establishes visual continuity among the storefronts, and at the same time provide uniform sight lines for viewers. A recognized pattern of alignment in a shopping center makes all signs more readable at a glance. F. Guidelines for specific sign types. 1. Awning signs. When initially installed, awnings should be provided with removable valances and end panels to accommodate future changes in sign copy. Painting cloth awnings in order to change sign copy is strongly discouraged, as this will decrease the fire resistanffretardant properties of the treated canvas. The text copy should be limited to the name of the business only. Letter color should be limited to one and should be compatible with the color scheme of the awning and building. The shape, design, and color of fabric awnings should be carefully designed to coordinate with, and not dominate, the architectural style of the building. Where other fabric awnings are used on the building, the design and color of the sign awnings and other awnings should be coordinated. 2. Window signs. a. Window signs should be limited to individual letters placed on the surface of the window and intended to be viewed from outside. b. The text of a window sign should be limited to the business name and a brief message identifying the type of product or service available. 3. Ground-mounted signs. Monument-type signs are preferred over pole or pylon signs. Solid architectural bases of native rock or field stone or other natural materials (e.g. redwood) are strongly encouraged. Each sign should incorporate a stone base which is a minimum of 18 inches high. b. Shrubs should be planted around the base of any ground-mounted sign if necessary to integrate the sign with the ground plane and screen out any low-level flood lights. c. Ground-mounted signs for multi-tenant centers should not identify mom than four tenants. September 2001 III-182 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 The size of the structure supporting a ground-mounted sign should be in proportion to the size of the area allowed for sign copy. Sign structures should not be any larger than necessary to accommodate the allowed sign area and provide an appropriately proportioned backdrop for the sign text. A portion of the sign area of a monument sign should be dedicated to identification of the street address. Multi-tenant developments should display the range of addresses for that development. Monument signs should be placed perpendicular to the street unless they are located on a coruer, then an angled placement is preferred. Ground-mounted signs shall be placed so that vehicular sight distances are not blocked. September 2001 III- 183 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Sign Design Guidelines 18.56 September 2001 III- 184 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 CHAPTER 18.58 - STANDARDS FOR SPECIFIC LAND USES Sections: 18.58.010 - 18.58.020 - 18.58.030 - 18.58.040 - 18.58.050 - 18.58.060 - Purpose of Chapter Applicability Accessory Retail Uses Accessory Uses -- General Standards Adult Entertainment Establishments Animal Raising and Keeping 18.58.070 - Bed and Breakfast Inns 18.58.080 - Child Day Care Facilities 18.58.090 - Churches-and Fraternal Organizations 18.58.100 - Detached Living Areas 18.58.110 - Drive-In and Drive-Through Facilities 18.58.114 18.58.120 18.58.130 18.58.140 18.58.150 18.58.160 18.58.170 18.58.180 18.58.190 - 18.58.200 - 18.58.210 - 18.58.220 - 18.58.230 - 18.58.240 - 18.58.250 - - Electrical Utility Facilities - Home Occupations - Live/Work (Loft) Standards - Mixed-Use Development - Mobile Home Parks and Subdivisions - Mobile Home or Recreational Vehicle--Temporary During Construction - Mobile Homes On Permanent Foundation Systems - Multi-Family Residential Projects Outdoor Display and Sales Standards Outdoor Storage and Work Areas Recycling Facilities Residential Accessory Uses and Structures Secondary Residential Units Senior Citizen Projects Telecommunications Facilities 18.58.010 - Purpose of Chapter This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts (e.g., in residential, commercial, and manufacturing districts, and in residential and commercial, and/or in commercial and manufacturing districts). 18.58.020 - Applicability Land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code. September 2001 III-185 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 18.58.030 - Accessory Retail Uses This Section establishes standards for the development and operation of retail sales and service establishments within/in conjunction with and accessory to a main commercial and/or manufacturing use where authorized by Article II (Zoning Districts and Allowable Land Uses). For example, these accessory uses include restaurants and pharmacies within hospitals, etc., and the sale of retail merchandise. General standard. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the parcel (e.g., no signs, windows with merchandise visible from adjoining public fights-of-way, etc.), nor access to any space used for the accessory retail use other than from within the main structure. Bo Commercial and manufacturing zoning districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental find accessory to offices, hospitals, and other medical facilities and pharmacies. Accessory restaurants, retail sales, and other services are allowed in the manufacturing zoning district to serve the needs of the employees. C. Residential and special purpose zoning districts. Membership organizations, social, or recreational establishments may engage in retail sales for guests only. Review and approval required. Accessory retail uses shall be subject to land use permit approval in compliance with Chapter 18.12 (Commercial and Manufacturing Zoning Districts). In order to approve an accessory retail use, the Director shall find that there will be no harm to adjoining existing or potential residential development due to excessive noise, traffic, or other adverse effects generated by the accessory use. 18.58.040 - Accessory Uses -- General Standards This Section establishes standards defining the relationship between a main use and an accessory use on the same site, where the accessory use is a common feature of the main use, but would not be allowed by the applicable zoning district as a main use on the same site. For example, a coffee shop in a CG (General Commercial) zoning district may include minor coffee bean roasting as part of its operations as an accessory use in compliance with this Section, but coffee roasting as a main use would be allowed as a main use only in the M (Manufacturing/Industrial) district. A. Allowable accessory uses. Accessory uses are allowed in conjunction with a main use as follows. 1. Accessory retail sales. Accessory retail sales are allowed in compliance with Section 18.58.030 (Accessory Retail Uses), above. 2. Residential accessory uses. Residential accessory uses are allowed in compliance with Section 18.58.220 (Residential Accessory Uses and Structures). September 2001 III- 186 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 3. All other accessory uses. The Director shall determine whether any proposed accessory use not otherwise listed in this Section is: a. Customarily related to and commonly found with the proposed main use, and is therefore allowable subject to the same land use permit as the main use; or b. Not customarily related to and commonly found with the proposed main use, and is therefore prohibited. B. Timing of accessory use. An accessory use shall only be established at the same time as a main use, or after a main use has been established. Co Maximum area of accessory use. An accessory use determined by the Director to be allowable in compliance with this Section shall not exceed 25 percent of the floor area devoted to the main use. 18.58.050 - Adult Entertainment Establishments This Section establishes standards for the location, construction, and operation of adult entertainment establishments. Ao Applicability. Adult entertainment establishments allowable only in the M zoning district, with a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), shall be located, constructed, and operated as provided by this Section. B. Site requirements. 1. Location. ao Separation requirements. It is unlawful to cause or permit the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within 1,000 feet of another similar establishment or within 1,000 feet of any religious institution, school, or public park, or within 1,000 feet of any property designated for residential use or used for residential purposes. b. Measurement of distances. (1) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment. (2) The distance between any adult entertainment establishment and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured ill a straight line, without regard to intervening structures, from the closest property line of the adult entertainment establishment to the closest property line of the property September 2001 III- 187 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 designated for residential use or used for residential, religious institution, school, or public park purposes. Landscaping. Landscaping shall comply with Chapter 18.40 (Landscape Standards), except that if the adult entertainment establishment is the only use on a parcel, the planting shall not exceed 30 inches in height, except trees with foliage not less than six feet above the ground. 3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary, and directed away from adjoining properties and public fights-of-way, in compliance with Section 18.30.060 (Exterior Lighting). 4. Signs. On-site signs shall comply with Chapter 18.54 (Signs). C. Interior design requirements. Screening. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment establishment. Facilities for live entertainment. The following standards shall apply to adult entertainment establishments that provide live entertainment depicting "specified anatomical areas" or involving "specified sexual activities": There shall be no live entertainment performances, for patrons of an adult entertainment establishment, except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons. Patrons shall not be allowed within six feet of the stage while the stage is occupied by an entertainer/performer; The adult entertainment establishment shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and The adult entertainment establishment shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult establishment shall provide a minimum three foot wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between the entertainers and patrons. (2) Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons. September 2001 III-188 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 3. Arcade viewing area. It is unlawful to maintain, operate, or manage or permit to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Subsection, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show. b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth. It is unlawful to create, maintain, or permit to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area. D. Operational requirements. to 1. Employee(s) required. It shall be the duty of the owner(s) to ensure that at least one employee is on duty at all times that any patron is present inside the premises. 2. Hours of operation. The adult entertainment establishment shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m. 3. Security guard(s). At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the establishment is open. If the occupancy limit of the premises is greater than 50 persons, a second security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Section, and notifying the Police Department and Code Enforcement Director of any violations of law observed. Security guards, required by this Section, shall be uniformed so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard in compliance with local and/or State law. Security guards, required by this Section, shall not act as a doorperson, ticket seller, ticker taker, or admittance person while acting as a security guard in compliance with this Section. Minors and intoxicated persons excluded. It shall be a misdemeanor for any person under the age of 18 years, or obviously intoxicated person, to enter or remain on the premises of an adult entertainment establishment at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment establishment. September 2001 111-189 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 ~8.58.060. Animal Raising and Keeping A. Applicability. The standards of this Section shall apply to the raising and keeping of: 1. H~?usehold pets -- Includes cats, canaries, dogs, parrots, and other varieties of birds and ammals, ordinarily kept as household pets; 2. Exotic or wild animals -- Includes foxes, monkeys, raccoons, snakes, etc; 3. Fowl and other small animals and birds -- Includes chickens, ducks, geese, pigeons, turkeys, and other fowl, and chinchillas, guinea pigs, hamsters, and all types of similar rodents; and 4. Livestock and other large animals __ Includes cows, donkeys, goats, horses, mules or ponies, ostriches, sheep, steers, and swine. Maximum number of'animals. Table 3-14 identifies the maximum number of animals allowed on a single residential parcel or dwelling unit. Bo Type of Animal birds (2) Notes: (2) (3) TABLE 3-~4 MAXIMUM ALLOWABLE ANIMALS Maximum Number/ Minimum Site Area Shall not exceed four dogs and/or four cats, Over four months of age, per single family residential parcel and shall not eXceed two dogs and/or two cats, Over four months of age, per mu/ti-family residential unit Subject to Minor Use Permit Minimum sile area shall equal 0.5 acres for each animal unit (3.4) Special Standards Allowed in all dwelling units (1) Keeping of exotic or wild animals that require a permit from the Department offish Game may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76. A maximum of l0 animal units, subject to the standards identified in Section ! 8.58.060. C (Animal raising and keeping standards), below (5) The keeping of more than the maximum number of household pets may be permissible in the RR RC, and REC zoning distr/cts subject to the issuance ora Minor Use Permit, in compliance with Chapter 18.76. , The keeping of livestock, other large animals, fowl and other non-household pet small animals and birds is allowed only in the RR, OS. RC, and REC zoning districts. A property OWner shall have the full site area increment to receive the animal allotment: 0.5 acres for the first antmaL and 1.4 acres is allowed only two anirna/units (not three). The keeping of one livestock or other large animal or 10 fowl or other small animal or bird on a parcel not meeting the minimum site area (0.5 acres) may be Permissible subject to the ~ssuance of a Minor Use Permit, in compliance with Cbapler 18.76. III- 190 September 2001 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 (4) (5) An animal unit is equal to one livestock or other large animal or 10 fowl or other small animal or bird. The keeping of more than 10 animal units may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76. Thc parcel shall meet the minimum site area requirements for the number of animal units to be kept on the parcel. For example, a parcel with an approved Minor Use Permit to keep 15 animal units shalI have a minimum site area of 7.5 acres (0.5 acres per animal unit). C. Animal raising and keeping standards. This requirements of this Subsection shall apply to the raising and keeping of allowable animals, except for household pets and exotic or wild animals. 1. Site slope requirements. Animals shall not be allowed on slopes exceeding 30 percent. Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the Town Engineer for the raising and keeping of animals on parcels over 20 percent in slope. The plan shall propose operational/management measures to prevent grazing to bare soil, and physical measures to prevent sediment transport from the site into waterways, streets, or onto adjoining properties; Existing uses conforming. Any residential property where animals are legally kept as of the effective date of this Development Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section; 4. Location requirements. Animal setbacks from RS and RM districts. Animals shall not be located closer than 10 feet to all property lines adjacent to properties in the RS or RM zoning districts. b. Fencing. Corral areas for the containment of the animals shall be located at least 10 feet from all property lines adjacent to properties in the RS or RM zoning districts. Co Barns or stables. Barns or stables shall be located at least 30 feet from all property lines on parcels three acres or larger in size and 10 feet from all property lines on parcels less than three acres in size. On parcels less than one acre, side setbacks may be reduced to 10 percent of the width of the parcel, to a minimum of 10 feet, provided that the barn or stable is located no closer than 30 feet to any dwelling(s) on an adjoining parcel 5° Site maintenance and animal care. The site shall be maintained and all animals shall be cared for in a manner that does not create a public health problem, or interfere with the public welfare of surrounding properties; and Water supply. An adequate supply of fresh water shall be available to the animals at all times, subject to the approval of the Nevada County Health Officer. 18.58.070 - Bed and Breakfast Inns This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs). The intent of these provisions is to ensure that compatibility between the B&B and any adjoining residential zoning districts/uses is maintained and enhanced. September 2001 Ili-191 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Applicability. Bed and Breakfast Inns (B&Bs) are allowed in the RR, RS, DRS, RM, DRM, DRH, DMU, CN, and CH zoning districts with Minor Use Permit approval, in compliance with Chapter 18.76, and in the CG and DC zoning districts with Zoning Clearance, in compliance with Chapter 18.72. Bo Exterior appearance. The exterior appearance of the structure housing the B&B in a residential zoning district shall not be altered from its original single-family character except for a sign as allowed by Subsection I., below and those structural modifications necessary to comply with the requirements of Title 24 of the California Building Code of Regulations. C. Fire safety. The B&B shall meet the requirements of the Truckee Fire Protection District. Do Guest rooms. The availability of guest rooms are limited to a maximum of three rooms in the RR, RS, and DRS zoning districts and five rooms in the other zoning districts. Guest rooms shall not contain food preparation facilities. E. Internal access. All access to guest rooms shall be from within the B&B inn or the guest room shall be located in an approved detached living area. Fo Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Receptions, private parties, or similar activities, for which a fee is paid or which is allowable only as a condition of room rental, shall not be allowed. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room plus two for the on-site owner/manager of the B&B. Parking shall be located, to the extent possible, out of the required front and side yard setbacks. Parking spaces for the disabled may be counted toward the required off-street parking. H. On-site management. The B&B shall be the main residence of the B&B owner or manager. Signs. Signs shall be limited to one on-site sign not to exceed six square feet in area and shall be installed and maintained in compliance with Chapter 18.54 (Signs). The design, location, and lighting of the sign shall ensure compatibility with the architecture of the B&B and the surrounding neighborhood. J. Site requirements. The proposed site shall generally conform to the standards of the applicable zoning district. Ko Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax in compliance with Chapter 3.24 of the Municipal Code, and shall maintain guest registers to ensure accurate occupancy records. 18.58.080 - Child Day Care Facilities This Section establishes standards for the Town review of child day care facilities, in compliance with State taw, including the limitations on the Town's authority to regulate these facilities, in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding residents. These standards apply in addition to the other applicable provisions of this Development September 2001 III-192 TRUCKEE MUNICIPAL CODE - TITLE ] 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social services is required for child day care facilities. A. Standards for small family day care homes. The following standards shall apply: Permit requirements. Small family day care homes shall be a permitted use as part of a single family dwelling. A land use permit shall not be required to establish a small family day care homes provided the family day care home complies with the requirements of this subsection and State laws regulating small family day care homes. Primary use as residence required. The small family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the properly as a residence. 3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices. B. Standards for large family day care homes. The following standards shall apply: Permit and notice requirements. Large family day care homes shall be a permitted use as part ora single family dwelling located in a residential zoning district. Permit processing for large family day care homes shall be subject to the following: A large family day care home shall require the approval of a nondiscretionary Large Family Day Care Permit by the Director. Instead of the public notice required by Chapter 18.180 (Public Hearings), property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days before the date of the Director's decision on the entitlement. A public hearing shall not be held unless requested in writing by the applicant or other affected person(s); The notice shall clearly indicate that State law requires that the entitlement be issued, authorizing operation of the large family day care home on any parcel zoned for a single-family dwelling, subject to the applicable standards in this Subsection. Further, the notice shall state that the determination may be appealed to the Commission, in compliance with Chapter 18.140 (Appeals), but that the Commission may only grant the appeal and reverse or modify the determination if the Commission finds that the Director's determination was contrary to Town or State laws governing large family day care homes; and A Large Fanfily Day Care Permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this Subsection. o Primary use as residence required. The large family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence. 3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the Truckee Fire Protection District. September 2001 Ili-193 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 o Health and safety standards. Each facility shall be inspected by the Town for compliance with the Housing Code and any regulations adopted by the State Fire Marshall concerning standards applicable to day care facilities; and each facility shall comply with all health and sanitation requirements administered by the Nevada County Health Department. Noise standards. In order to protect adjoining residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. Additionally, the facility shall be in full compliance with Chapter 18.44 (Noise) for the subject zoning district. 6. Off-street parking. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 18.48 (Parking and Loading Standards), one additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 18.48 (Parking and Loading Standards). The facility shall be provided with adequately designed off-street drop-off and pick-up areas and an off- street turnaround area to ensure that vehicles reentering the street will be able to do so without the need for backup maneuvers. 7. Private road access. o If the proposed day care home does not have access to a Town-maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from the Association shall accompany the application. If a new road maintenance agreement is required, the Town Engineer shall review the submitted agreement. As an alternative to entering into a road maintenance agreement with a homeowners association the day care provider may decide to be solely responsible for the maintenance of the private road. This decision by the day care provider shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office. Separation standards. A proposed large family day care home shall be located so that no adjoining residentially-zoned parcel is bordered on more than one side by a care facility, and so that no other care facility is located within 300 feet of the proposed facility. These separation standards may be reduced by the Zoning Administrator through a Minor Use Permit, in accordance with Chapter 18.76 (Use Permits and Minor Use Permits). September 2001 11I- 194 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 9. Signs. On-site signs shall be in compliance with Chapter 18.54 (Signs). C. Standards for child day care centers. The following standards shall apply, in addition to the standards in Subsection B. (Standards for large family day care homes), above: Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool, and school age children; 2. Outdoor play areas. An outdoor play area shall be provided in the rear yard of the site, as follows: a. Minimum area. The play area shall have at least 75 square feet for each child, but not less than a total of 450 square feet; and bo Fencing. A six-foot high solid decorative fence or wall shall be constructed around all outdoor play and activity areas, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Section 18.30.070 (Fences, Walls, and Hedges); Pools/spas. Swimming pools/spas shall not be installed, due to high risk and human safety considerations. Additionally, an existing pool/spa shall not remain on the parcel, unless determined by the Director that adequate, secure separation exists between the pool/spa and the facilities used by the children. 18.58.090 - Churches, Community Centers, and Membership Organizations Purpose. This Section establishes location criteria and standards for the development of churches/places of worship, community centers, membership organizations, and related accessory uses that provide for compatibility with adjoining land uses. (Related uses of the above including educational, day care, and major recreational facilities that are allowed in the applicable zoning district as a permitted or conditional use shall be applied for at the same time of the initial application for the church/place of worship, community center, or membership organization or a subsequent land use permit will be required to establish the use.) B. Location criteria. New facilities shall be located either: 1. Located within or contiguous with zoning districts allowing multi-family, commercial, manufacturing, or public land uses; or 2. With frontage on a road designated by the Town as a collector road, or higher functional standard road. C. Access. Direct access to a collector road is not required, but all access shall have a minimum 24-foot wide paved roadway. If the proposed use does not have access to a Town-maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, September 2001 III-195 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Do participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from theAssociation shall accompany the application. If a new road maintenance agreement is required, the Town Engineer shall review the submitted agreement. As an alternative to entering into a road maintenance agreement the applicant may decide to be solely responsible for the maintenance of the private road..This decision by the applicant shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office. Setbacks. A minimum setback of 25 feet is required from any residentially zoned parcel or any parcel with a residential use as its main use. At least 15 feet of the setback shall be landscaped with the intent of screening all structures and paved areas. E. Site coverage. All new facilities shall meet the lot coverage standards determined by Table 3-15. TABLE 3-15 MAXIMUM SITE COVERAGE Parcel Size Maximum Coverage 2 acres or less 60% 2.01 - 5 acres 50% Greater than 5 acres 40% 18.58.100 - Detached Living Areas This Section establishes standards for the development and operation of living quarters that are detached from and not a required element of the main dwelling and is designed for human occupancy. Detached living areas include bedrooms, recreation rooms, home offices, and similar habitable areas, in any area where single-family dwellings are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses). A. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling. B. Design standards. A detached living area shall be designed as follows: 1. The gross floor area shall not exceed 600 square feet; The detached living area shall contain a maximum of six lineal feet of counter space, excluding counter space located in the bathroom. There shall be a maximum of eight cubic feet of cabinet space, excluding clothes closets and bath cabinets; September 2001 III- 196 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Co The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood; 4. The detached living area may only include sleeping area, living area, and a single bathroom; 5. The detached living area shall not contain a kitchen or other cooking facilities. For the purpose of this Section, a kitchen or other cooking facilities shall include the following: a. Cooking stove with or without an oven; b. Hot plates; c. Kitchen sink, cabinets, counters, and appurtenant plumbing; d. Convection ovens; e. Garbage disposal; f. Other built-in kitchen appliances; and g. All appurtenances related to the above. Maxhnum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single one-well sink with a maximum surface area of two square feet and for a single bathroom. The bathroom may only contain one water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard. Rentals prohibited. The detached living area shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect. Subdivision prohibited. The portion of the site accommodating the detached living area shall not be subdivided from the portion of the site containing the main dwelling. Utilities. All utilities serving the detached living area (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The detached living area shall not be provided with separate utility meters. September 2001 III- 197 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 18.58.110 - Drive-In and Drive-Through Facilities A. Purpose and applicability. This Section establishes supplementary standards for drive-in restaurants and fast food establishments, with drive-through facilities, located within the CH (Highway Commercial) zoning district which conduct business while customers remain in their vehicles. Other types of drive-in and drive4hrough facilities are not permitted. B. Permit requirement. Drive-in restaurants and fast food or counter-service establishments, with drive-through facilities, shall require Use Permit approval', in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). C. General standards. Drive-in and drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness and shall comply with the on-site circulation standards in Subsection E., below, which are not applicable to drive-in theaters or service stations. D. Accessory use required. Drive-thru facilities may only be accessory to an allowable main use. E. On-site circulation. Parcels with drive-through facilities shall be provided with internal circulation and traffic control devices as follows. 1. Aisle design. Drive-thru aisles shall be located and designed as follows. a. The entrance/exit of any drive-thru aisle shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. The drive-thru aisle or stacking area (see following Subsection E.2) shall not be located adjacent to a street frontage. b. Drive thru-aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 12-foot width. 2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive- through service that is physically separated from other on-site traffic circulation. a. The stacking area shah accommodate a minimum of five cars for each drive-through window in addition to the vehicle(s) receiving service. b. The stacking area shall be located so that the area for five cars is located before their reaching the menu board. c. Separation of the stacking area from other traffic shall be by asphaltic or concrete curbing, or paint striping on at least one side of the lane. 3. Walkways. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and emphasized by enhanced paving or marking. F. Screening. An eight-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned/occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. September 2001 II1-198 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 G. Signs. 1. Directional signs. Each entrance to, and exit from, an aisle and the direction of flow shall be clearly designated by signs and pavement marking(s) or raised curbs. Menu boards. Menu boards shall not exceed 24 square feet in ama, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned/occupied parcel. Ho Minimum floor area for restaurants. To ensure that the drive-thru service facility is an accessory to a primary restaurant use, the minimum interior floor area for drive-thru restaurants shall be 1,000 gross square feet. Facility design within shopping centers. Drive-thru facilities within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru facility shall provide compatibility with surrounding uses in terms of color, form, materials, scale, etc. J. Parking. No reduction in off-street parking requirements shall be granted a restaurant because drive-thru service facilities are provided. Public hearing notice. Whenever a hearing is held regarding a land use permit for a drive- through facility, notice procedures for the public hearing shall comply with the requirements of Section 65091(d) of the California Government Code. 18.58.114 - Electrical Utility Facilities Purpose. The following standards are established to ensure that the discretionary review of new electrical facilities would result in the approval of facilities that are compatible with surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). Applicability. The standards shall apply to the following types of electrical facilities in compliance with State law (Government Code Sections 53091 and 53096 and Public Resources Code Section 12808.5): 1. Electrical distribution lines of 100,000 volts or greater; 2. Electrical substations within an electrical transmission system which receives electricity at 100,000 volts or greater; and 3. The production or generation of electrical energy. C. Standards. All applicable electrical facilities shall comply with the following standards: All electrical facilities which produce or generate electrical energy shall be properly screened from public view. The extent and method (e.g., design, materials, etc.) of screening shall be subject to the approval of the Director; September 2001 II1-199 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 2. All Use Permits for electrical facilities shall be appropriately conditioned to ensure that the: Facility would be located, designed, operated, and continually maintained in a manner which further ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities; Facility would be reviewed at the end of the first full year of operation, and at least every five years thereafter, to ensure on going compliance with all conditions, roles, and regulations governing the operation of the facility; Owner/operator of the facility clearly displays all of the conditions, roles, and regulations governing the operation of the facility and conducts routine classes for all employees to review the expected levels of employee conduct to further ensure full compliance with the conditions, rules, and regulations; The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures at electrical substations and facilities that produce or generate electrical energy: a. The owner/operator shall prevent the unauthorized entry of persons or animals by providing surveillance to control entry onto the facility; and b. Perimeter fencing shall be constructed of a material and at a height specified by the Director. The owner/operator shall cooperate with the Town in complying with all of the following on-going monitoring measures: a. The Town shall be authorized to enforce all conditions, rules, and regulations related to the facility, including entry onto the subject property to ensure compliance; and The owner/operator shall immediately distribute copies of all compliance reports as to facility operations, and copies of all inspection reports made by other local, Regional, State, or Federal agencies to the Director. 5. The following additional conditions should be imposed by the Commission: Before issuance of a Certificate of Occupancy, the owner/operator shall document that all financial responsibility requirements imposed by State or Federal agencies have been met; The owner/operator shall indemnify, defend, and render the Town harmless against all claims, actions, or liabilities relating to permit approval, and the subsequent development/operation of the electrical facility; The owner/operator shall prepare and submit an emergency response plan and annual preparedness report to the Director. The plan/report shall be initialed by each person at the facility who has emergency response assignments; and September 2001 III-200 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 d. The Town may employ any and all methods allowed by law to enforce the provisions of this Section, and related requirements of the Municipal Code. Additional findings. The following finding shall be made in addition to those findings identified in Section 18.76.030 (Findings and Decision) before granting the approval of a Use Permit for the proposed electrical facility: The electrical facility shall be located, designed, operated, and continually maintained in a manner which ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). 18.58.120 - Home Occupations This Section establishes standards for the development and operation of home occupations that are secondary to, and compatible with surrounding residential uses. A home occupation is an accessory commercial activity or business service use customarily conducted entirely within a dwelling, by its residents only, in a manner clearly incidental to the residential character of the site and surrounding neighborhood. Exempt activities. Home occupations conducted solely by residents of a housing unit that are limited to the use of a desk, telephone, personal computer and computer accessories, or other similar home office equipment and do not generate pedestrian or vehicular customer or delivery trips shall be exempt from the requirements for a Home Occupation Permit. Bo Permit requirement. A Home Occupation Permit shall be obtained and posted in compliance with this Section for home occupations, which are allowed as accessory uses in all residential zoning districts. A statement of compliance with the operating standards identified in Subsection D., below shall be signed before issuance of the Home Occupation Permit. C. Operating standards. Home occupations shall comply with the following operating standards: 1. The home occupation shall be clearly secondary to the full-time use of the structure as a dwelling; The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring parcels; The use shall not display window or advertising sign(s) (one name plate not exceeding one square foot in area may be allowed by the Director), merchandise or stock in trade, or other identification of the home occupation on the premises; The home occupation shall be confined to not more than 25 percent of the floor area of the main dwelling nor more than 400 square feet of floor area, whichever is greater, and not within an accessory structure. Storage shall not occur out-of-doors or within a required enclosed garage, that would eliminate or constrict required parking; September 2001 III-201 TRUCKEE MUNICIPAL CODE - TITLE 1 g, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 5. The home occupation shall comply with all applicable provisions of the Town Building Code; 6. The residence shall have and maintain at least two on-site parking spaces; Only one vehicle, with a capacity not exceeding one ton may be used by the resident directly or indirectly in connection with a home occupation; Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable, or hazardous materials; 9. The home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances; and 10. The home occupation shall not generate pedestrian or vehicular customer or delivery greater than two trips per day. A trip for the purposes of this section shall be defined as one entry trip and one exit trip from the parcel. Home occupations requiring Minor Use Permit approval. The following are activities that may not comply with the operating standards in Subsection D. above, but may be allowed with Minor Use Permit approval, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits): 1. A use that utilizes an accessory structure for the home occupation; A use exceeding 400 square feet or 25 percent of the floor area of the main dwelling, whichever is greater. In no case shall the use, including storage areas and accessory structures, exceed either 1,000 square feet or 40 percent of the floor area of the main dwelling, whichever is less; 3. A use employing no more than one person living off-site and working at the dwelling at any one time, or more than two of the permanent residents; 4. A use which entails food handling, processing, or packing; 5. A use which includes hand woodworking or machine work; A one-chair barber shop or beauty salon; a use which involves home visits for three or more clients, patients or pupils at a time; direct product distribution; pet grooming; or any other use or occupation which the Director determines is similar in nature to the previously listed uses; 7. A single dwelling unit with more than one home occupation; and A use which generates pedestrian or vehicular customer or delivery traffic exceeding more than two trips per day. In no case shall vehicular customer and delivery traffic exceed more than 10 trips each day. September 2001 Ill-202 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 18.58.130 - Live/Work (Loft) Standards Purpose. This Section provides for the reuse of existing commercial and industrial structures to accommodate live/work opportunities. Live/work facilities are intended to be occupied by business operators who wish to live in the same structure that contains the commercial activity or industry. B. Development standards. The following development standards shall apply: Access. Access to the live/work quarters shall be provided only from common access areas, corridors, or halls. The live/work quarters shall have an access clearly separate from other live/work quarters or other uses within the structure. The living space shall not be separated from the working space. Living and work spaces which are independently accessible from one another are not considered joint living and work quarters but rather a separate dwelling unit and a separate work space. 2. Identification. Access to the live/work quarters shall be clearly identified in order to provide for emergency services; Maximum residential area. No more than 33 percent of the gross floor area of a live/work quarters shall be used or arranged for residential purposes (e.g., bathroom, closet, kitchen, and sleeping area); 4. Minimum floor area. The minimum gross floor area of a live/work quarters shall be 750 square feet; 5. Limitation on occupancy. Live/work quarters shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator; 6. Uses prohibited. Live/work quarters shall not be established or used in conjunction with the following activities: a. Adult businesses; b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.); c. Storage of flammable liquids or hazardous materials; d. Welding, machining, or any open flame work; and e. Any other uses, as determined by the Director not to be compatible with residential activities. 7. Parking. The addition or construction of live/work quarters shall be exempt from any additional requirements identified in Chapter 18.48 (Parking and Loading Standards). September 2001 III-203 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 18.58.140 - Mixed-Use Development Purpose. This Section provides significant incentives to encourage the development of mixed- use projects in the CN, CG, CS, DMU, DC, M, and DM zoning districts. The intent is to provide a mixture of commercial and residential uses within the commercial zoning districts to increase the area's population and pedestrian activity, and to reduce air pollution, energy consumption, and transportation costs. The provisions of this Section allow greater flexibility in design and encourage innovative and creative site planning by providing incentives to combine commercial and residential land uses in either or both multi-use or single-purpose structures. Applicability. Incentives to encourage mixed-use development shall be available within the CN, CG, CS, DMU, DC, M, and DM zoning districts only and at the discretion of the Commission. Incentives may be in the form of development bonuses (e.g., relaxed development standards), and/or decreased processing and/or development impact fees. Co Permit requirement. Whenever a mixed-use project requests incentives or proposes uses not specifically permitted in the applicable zoning district, the development of a mixed-use project shall require Commission approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). In this case, the Director shall provide the Commission with a recommendation, which would include the appropriateness of the mixed-use development on the subject site and the incentives the Town should offer in order to encourage the development of the mixed-use project. D. Preliminary Commission review. 1. A prospective applicant for a mixed-use project may exercise the option of requesting a preliminary Commission review of the mixed-use proposal. Upon the filing of an application and payment of the required processing fee, the Commission will review the proposal in a public meeting, advise the applicant of any concerns about the project that may be apparent to the Commission at that time, and indicate whether the Commission believes that the project may qualify for incentives and what type of incentives the Commission would consider granting. This determination shall be provided by the Commission in good faith, but shall not be binding upon Commission before a decision being made on an actual Use Permit application after a public hearing. E. Eligibility for mixed-use development incentives. To qualify for a mixed-use development incentive, a project shall meet the following minimum requirements. 1. Allowable uses. The project shall include residential uses. A minimum of two residential units shall be provided. The Commission shall increase the minimum number of residential units required based on its determination of the reasonable number of units in relation to the size/floor area of the non-residential use. September 2001 I11-204 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Office uses may also be allowed when located above the ground floor or in areas where levels of pedestrian activity are relatively low, subject to the discretion of the Commission. The project may be developed as one or more multi-use or single purpose structures. If the project is developed in phases, residential units shall be provided in the first phase. Allowed land uses. The uses which may be approved in a mixed-use project shall be those allowed in the applicable zoning districts in compliance with the provisions of Section 18.12.030 (Commercial and Manufacturing District Land Uses and Permit Requirements). Uses not specifically permitted in the applicable zoning district may be approved in a mixed-use project. The floor area for uses not specifically permitted in the applicable zoning district shall not exceed 25 percent of the total floor area of the non-residential uses of the mixed-use project. G. Design and development standards. The following standards shall apply to mixed-use projects: 1. Density. Residential density shall be determined through the Use Permit process, but shall not exceed four units per acre; Floor area. Commercial and/or industrial uses shall be the primary components of a mixed-use project. Residential floor area shall not exceed 50 percent of the total floor area of the mixed-use project. Residential floor space shall not be counted towards the allowed floor area as determined by the floor area criteria development standard; and o Site development standards. The development standards of the applicable zoning district shall apply to mixed-use projects unless they are specifically modified through the bonus provisions specified in Subsection H., below. 4. Residential parking. One parking space shall be provided for each residential unit. H. Mixed-use bonuses. The Commission shall grant one or more of the following incentives to an eligible mixed-use project: 1. Increase in the maximum allowable: a. Floor area ratio; or b. Lot coverage. 2. Decrease in the number of required parking spaces. 3. Reduction of processing and/or development impact fees. 18.58.150 - Mobile Home Parks and Subdivisions Purpose. This Section establishes standards for the location, development, and operation of mobile homes in planned, integrated mobile home parks or subdivisions, and to protect the health, safety, and welfare of the community and those living within the park or subdivision. September 2001 III-205 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Bo Co These standards are intended to produce a development with appropriate standards of light and air, open space, pedestrian and vehicular circulation, and a density which is similar to those required by the residential zoning district in which the development is be located. For purposes of this Section, the use of the term "mobile home park" shall mean and refer to both a mobile home park and a mobile home subdivision. Applicability. New mobile home parks shall conform to the minimum standards of this Section. The Commission may impose other, more restrictive requirements in the interest of public health, safety, and welfare. Design and development standards. 1. Minimum area and density. following requirements. a. b. C. d. Proposed mobile home parks shall comply with the Minimum site area for park: 5 acres. Minimum lot area: 3,500 square feet for parcels in a mobile home subdivision. Maximum density: 8 spaces per acre. Minimum space dimensions. Individual spaces for mobile homes within mobile home parks shall be a minimum of 35 feet wide for single-wide coaches, and 45 feet for double-wide coaches. e. Units per space. Only one mobile home shall be allowed to occupy each space. Occupied travel trailers, campers, or similar vehicles shall not be allowed on an approved mobile home space. Setbacks. Minimum setbacks for individual sites within the park shall be five feet on all sides, including front and rear, except for any side or rear abutting the project property line, in which case the minimum setback shall be 24 feet. Site coverage. The maximum coverage allowed in the mobile home park shall comply with the requirements of the applicable zoning district. Parking. On-site parking improvements shall comply with Chapter 18.48 (Parking and Loading Standards) and the following: a. Occupant spaces: Two paved spaces for each mobile home space; b. Visitor parking: At least one paved parking space shall be provided for each four mobile home spaces for visitor parking within the park. The spaces shall be dispersed in a logical manner throughout the park; September 2001 III-206 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 c. Parking adjacent to roadway. When vehicle parking is allowed within the park's roadways, the width of the parking areas shall be in addition to the required width of the roadway so as not to restrict traffic movement. 5. Street improvements. Improvements to a public street, may be required along the frontage of the project. Off-site improvements may be required to provide a safe and adequate access, as determined by the Commission. 6. Recreational vehicles. As an accessary use in a mobile home park, an area composed of not more than 25 percent of the area of the mobile home park may be allowed for recreational vehicles, subject to the following requirements: a. The maximum length of stay allowed in the facility shall be specified by the Use Permit; and b. The designated storage spaces shall not be subject to all of the provisions of this Section, but shall be adequately delineated on the subject site plan. 7. Access. Park access shall be designed and constructed as follows: a. Access to the park shall be by means of an improved public street; b. Each mobile home site shall have direct access to a public or private roadway; c. An all-weather walkway shall be provided on each mobile home site extending from the roadway to the mobile home entrance; and d. Improvement standards, including provision for access by public transportation, shall be specified in the Use Permit. 8. Internal roadway standards. The roadways within a mobile home park shall provide adequate vehicular circulation for the development and for the area in which it is located, including adequate width, radii, and access for emergency vehicles. a. Width. Roadways designed for two-way traffic shall not be less than 24 feet in width, except that the Town Engineer may authorize a width of 20 feet where the Town Engineer determines low traffic volumes will not require more width; and b. Structural section. The developer shall comply with the requirements of the Town Engineer regarding base and paving, and furnish soil tests and related criteria as required by the Town Engineer. 9. Sewer facilities. Each space within a mobile home park shall be provided a hookup to a public sewer. 10. Signs. A sign plan shall be prepared for each mobile home park. The plan may include both freestanding and structure signs. The plan may also provide for internal signs (those not visible from off-site streets or adjoining parcels) which are strictly directional in nature. The sign plan shall be in compliance with Chapter 18.54 (Signs). September 2001 Iii-207 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 11. Open space. Twenty percent of the total park area shall be devoted to open space and open space uses. 12. Landscaping. ao Landscape and irrigation plan. The mobile home park shall have a landscape and irrigation plan for open space areas, in compliance with Chapter t8.40 (Landscape Standards), which shall be a condition of the approved Use Permit. The purpose(s) of the landscaping is, aesthetic enhancements, land use buffers, and/or visual barriers. Maintenance. Continuous maintenance shall be guaranteed by the mobile home park owner for those areas of the landscape plan which are approved (including repair or replacement when required) in compliance with Chapter 18.40 (Landscaping Standards). 13. c. Landscape buffer. A minimum 24-foot wide buffer strip along the streets adjoining the park shall be landscaped and permanently maintained. Commercial uses allowed. A mobile home park may contain commercial uses which are primarily for the convenience of the residents of the park, which may include coin-operated machines for cigarettes, laundry, soft drinks, and similar uses, on the condition that the uses shall be located in the interior of the park and shall not occupy more than 500 square feet of area for each 50 mobile homes within the park. 14. Space addresses. All mobile home spaces shall be numbered with the numbers visible on each space, and viewable from the roadway serving the space. 18.58.160 - Mobile Home or Recreational Vehicle--Temporary During Construction Limitation on use. A mobile home, trailer, or recreational vehicle may be used as a temporary residence of the property owner when the property owner is the builder and a valid Building Permit for a new single-family dwelling is in force, or as a temporary residence for a caretaker of a multi-family residential project containing 10 or more units when a valid Building Permit for the multi-family residential project is in force. Time limits. The permit may be approved by the Director, subject to approval by the Nevada County Health Department, for up to one year, or upon expiration of the Building Permit, whichever first occurs. 18.58.170 - Mobile Homes On Permanent Foundation Systems A mobile home shall be allowed as a dwelling on those parcels where single family dwellings are permitted in compliance with the requirements of the applicable zoning district and the following standards: September 2001 1II-208 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Permanent foundation. A mobile home shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations, and restrictions as a conventionally constructed single-family residence; Alterations. If the mobile home has been altered at any time since original construction, evidence of alteration permits from HCD or HUD shall be presented to the Building Division when applying for a Building Permit for the mobile home; Mobile Home Installation Permit required. Before location and occupancy of the mobile home, a Mobile Home Installation Permit shall be received from the Building Division, and a permit for water supply and sewage disposal shall be received from the Nevada County Health Department or a special district, as applicable. The mobile home shall comply with the Town Building Code including snow load requirements. Mobile homes constructed before June 16, 1976, shall not be allowed; License relinquishment. Before the issuance of an Installation Permit for a mobile home to be placed on a permanent foundation, the Building Division shall receive evidence of vehicle license relinquishment for the unit, at which time the unit will be subject to real property tax rather than annual State vehicle licensing fees; and Mobile home without foundation. A mobile home not installed on and secured to an approved permanent foundation may only be located within a mobile home park in compliance with Section ! 8.58.150 (Mobile Home Parks and Subdivisions), above. 18.58.180 - Multi-Family Residential Projects This Section provides development and operational standards for multi-family residential projects, addressing the requirements for common and private open space, common recreational activities, and laundry facilities. These standards are in addition to those in Chapter 18.08 (Residential Zoning Districts), specifically the RM (Residential Multi-Family), DRM (Downtown Medium Density Residential), and DRH (Downtown High Density Residential) zoning districts, as well as Chapter 18.46 (Open Space/Cluster Requirements). Open space requirements. All multi-family residential developments with five or more dwelling units shall incorporate common and private useable open space for passive and active recreational purposes within the project's design in the following manner: 1. Common open space. Common open space consisting of active recreational and natural preservation areas shall be provided as follows: a. Minimum area. The project shall be designed to provide the equivalent of a minimum of 250 square feet of common open space for each dwelling unit; Minimum dimensions. The open space shall maintain a minimum dimension of 20 feet and shall not include rights-of-way, vehicle access, or parking areas. Rear setback areas may be credited as useable cormnon open space, up to a maximum of 50 percent, when the setback is a minimum of 20 feet wide; and September 2001 III-209 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Pavement limitation. Up to 50 percent of any required common open space may be paved or in hard surface if the surfaces are to be used for recreational purposes (e.g. basketball court, swimming pool). All open space areas shall be separated from unenclosed parking and access areas by either a minimum three-foot wide landscaped strip or a minimum three-foot high barrier. The landscaped strip may be included as open space if it is incorporated into an open space area which meets the minimum dimensional requirements. Private exterior space. Private exterior space shall be provided as follows. The exterior space shall be provided as a private and immediately accessible area to the dwelling unit it is designed to serve, in one of the following configurations: Balcony. A private balcony attached to and directly accessible only from one dwelling unit, if the balcony has an area of at least 60 square feet with a minimum horizontal dimension of six feet, and is unenclosed on at least one-third of its perimeter, except for required railings; Deck. A private deck, including roof deck or patio, accessible to only one dwelling unit, if the deck or patio has a minimum horizontal dimension of 10 feet, and an area of not less than 90 square feet; or Patio. A private, at grade level, patio shall have a minimum horizontal dimension of 10 feet with an area of not less than 90 square feet and be fenced and maintained only as accessible to the dwelling unit it is designed to serve. Common recreational amenities. All multi-family residential developments with 10 or more units shall provide a minimum of one indoor/outdoor recreational amenity for every 25 units or fraction thereof within the conunon open space areas, which may include the following: 1. Barbecue/picnic area; 2. Recreation building; 3. Swimming pool; and/or 4. Tot lot with play equipment. Common laundry facilities. Ali multi-family residential developments with five or more dwelling units shall provide common laundry facilities, except where laundry facilities are provided within each unit. 1. Facilities required. Common laundry facilities shall be provided at a minimum ratio of: a. One washer and one dryer for every 15 units or fraction thereof for up to 100 units; and b. One washer and one dryer for every 30 units or fraction thereof for the number of units over 100. September 2001 II1-210 TRUCKEE MUNICIPAL CODE - TITLE t 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 2. Keyed access. The facilities shall be provided with keyed access for "tenants only"; 3. Distribution of facilities. The facilities shall be evenly disbursed throughout the multi- family development and easily accessible to all tenants; and 4. Security. The facilities shall be designed to address security concerns in the location and layout of the common laundry facility areas. 18.58.190 - Outdoor Display and Sales Standards This Section provides development and operational standards for outdoor uses, including permanent outdoor display and sales (Subsection A., below), outdoor dining and seating areas (Subsection B., below), and outdoor garden supply areas (Subsection C., below). A. Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise shall comply with the following standards and shall be subject to the approval of a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), except where a Zoning Clearance or Use Permit is specifically required below, or where the permanent outdoor activity is approved as part of a Use Permit for the overall land use. 1. Small displays. Small outdoor display and sales areas (e.g., mannequins, sidewalk displays, etc.) shall comply with the standards of this Subparagraph, subject to the approval of a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance). Standards for these small outdoor display areas shall include: a. The display area: (1) May only be located near the main business's entrance(s); (2) Shall not exceed 10 percent of the main business's total gross floor ama; (3) Shall be oriented towards pedestrian traffic; and (4) Shall not interfere with pedestrian or vehicular access. b. The products may only be displayed during regular business hours of the main business; they shall be brought in, each day, after closing. 2. Location of sales areas. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); 3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicular traffic; September 2001 III-211 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Height of displayed materials. The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. Heights greater than seven feet may be allowed subject to the approval of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); 5. Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel; 6. Screening required. Outdoor sales and activity areas shall be screened from adjoining public rights-oF-way by decorative walls, fences, and/or landscaping in compliance with Section 18.30.110 (Screening). b. Screening shall be provided to a height of one foot above the approved height of the items, materials, or merchandise being displayed. The review authority may modify or waive the screening requirements if found to be reasonable and necessary based on the nature and intensity of the outdoor activity (e.g., equipment rental yards, vehicle sales lots, etc.). 7. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area(s). Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Zoning Clearance and the following standards, provided that the number of seats provided outdoors shall not exceed the number provided indoors. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards: a. The dining area shall be accessible from inside the restaurant only, unless the Director waives this requirement in circumstances where this is not feasible or practical; b. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant it serves; and c. The dining area shall be supervised by a restaurant employee to ensure conformance with laws regarding on-site consumption of alcoholic beverages. 2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: Off-street parking requirements shall be calculated in compliance with Chapter 18.48 (Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas that are less than 600 square feet in area and less than 50 percent of the indoor dining area; and September 2001 III-212 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 4o b. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner: a. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and b. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. Design and use compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s); b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 18.44 (Noise); c. Lighting.' Lighting to illuminate the outdoor dining and seating areas shall be provided in compliance with Section 18.30.060 (Exterior Lighting); Pedestrian orientation. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience; Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered, and proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise; Obstructions. Outdoor dining and seating areas shall not obstruct pedestrian or vehicular traffic; Setbacks. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots; and Signs. Signs and advertising materials placed in an outdoor dining or seating area shall be in compliance with Chapter 18.54 (Signs). ho September 2001 III-213 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Additional finding for approval. The Director shall make a determination that the hours of operation requested are appropriate to the proposed use, and consideration has been given to the proposed use's relation to adjoining: a. Churches, and other places of worship; b. Hospitals, and other medical clinics; c. Public/private schools; and d. Residential areas. Outdoor garden supply sales. The portions of outdoor garden supplies sales areas used for the display and storage of garden supplies (e.g. fertilizer, garden tools) shall be screened with fencing, meshing, or other similar sight-obscuring material, in compliance with Section 18.58.200 (Outdoor Storage and Work Areas), below. Screening is not required for areas for the display and storage of plants, shrubs, trees, and other landscaping. 18.58.200 - Outdoor Storage and Work Areas This Section establishes standards for the location, screening, and operation of outdoor storage and work yards. Permit requirement. Any use proposing outdoor storage and work yards shall be subject to review and approval by the Director in compliance with Chapters 18.76 (Use Permits and Minor Use Permits) and 18.58.190 (Outdoor Display and Sales Standards), above. Screening of outdoor storage and work yards. Where allowed by Article Ii (Zoning Districts and Allowable Land Uses), outdoor storage and work yards, including auto dismantling operations, auto wrecking yards, building materials supply yards, equipment yards, junk yards, lumber yards, recycling facility-processing centers, scrap metal yards, waste resource and waste recycling operations, and uses with similar outside storage and work yards shall comply with the following screening requirements: The perimeter of the storage and/or work yard shall be enclosed and screened by a solid, sight-obscuring masonry wall or metal or wood fence with a minimum height of six feet and a maximum height of eight feet. The type and design of the wall or fence shall be approved in advance of construction or installation as part of the land use permit. The wall or fence shall include operable gate(s) to be used as the only entrance(s) and exit(s) for the property. The wall, fence, and gate(s) shall be properly maintained to continuously conform to the conditions established by the Director; All operations in conjunction with the above listed uses, including the loading and unloading of equipment and materials, shall be conducted entirely within the walled or fenced area(s); All equipment and materials, including storage containers, trailers, and trucks shall be stored within the walled or fenced area(s). The equipment and materials shall not be September 2001 Ili-214 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 maintained, stored, or used so as to be visible above the height of the sight-obscuring wall or fence from any exterior property line except as follows: a. Mechanical equipment, including cranes, crashers, and loaders, may be of a height which may be visible beyond the limits of the property; and b. Except for equiptnent designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring wall or fence shall be located a minimum distance of 40 feet from any exterior property line. 18.58.210 - Recycling Facilities A. Purpose. This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. B. Applicability. Any recycling facility intending to operate in the Town shall comply with the following provisions: 1. Recycling facilities are subject to permit review in the commercial and manufacturing zoning districts in compliance with Table 3-16. TABLE 3-16 PERMIT REQUIREMENTS FOR RECYCLING FACILITIES Type of facility Zoning districts allowed Permit required Reverse vending machine(s) All Commercial Zoning Clearance for up to 5 M, DM reverse vending machines Small collection CG, CS,DMU, DC, DVL Minor Use Permit M. DM Zoning Clearance Large collection M, DM Minor Use Permit Light and heavy processing (scrap and M Use Permit dismantling yards) Development and operating standards. Recycling facilities shall comply with the following specific standards: Reverse vending machines. Reverse vending machine(s) located within a commercial or manufacturing location shall not require additional parking spaces for recycling customers, and may be allowed in all commercial and manufacturing zoning districts, subject to Zoning Clearance and compliance with the following standards: (l) Shall be installed as an accessory use in full compliance with the applicable provisions of this Development Code and the Municipal Code; (2) If located inside of a structure, shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation; September 2001 II1-215 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 bo (3) If located outside of a structure, shall not occupy parking spaces required by the main use, and shall be constructed of durable waterproof and rustproof material(s); (4) Shall not exceed a total of five machines with a maximum area of 50 square feet for each installation, including any protective enclosure of up to eight feet in height; (5) Shall have a maximum sign ama of four square feet for each machine, exclusive of operating instructions; (6) Shall have operating hours which are consistent with the operating hours of the main use; and (7) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 18.30.060 (Exterior Lighting). Small collection facilities. Small collection facilities are allowed within the DMU, DC, DVL, CG and CS zoning districts, subject to a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), in the manufacturing zoning district, subject to a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance), and in compliance with the following standards: (1) Shall be installed in full compliance with the applicable provisions of this Development Code and the Municipal Code; (2) Shall not exceed an area of 500 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers; (3) Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular traffic; (4) Shall accept only glass, metal or plastic containers, paper, and reusable items; (5) Shall not use power-driven processing equipment except for small, compact machinery (e.g., can shredder, glass breaker, reverse vending machine); (6) Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; (7) Shall not be located within 50 feet of any parcel zoned or occupied for residential use; (8) Collection containers and site fencing shall be of a color and design to be both compatible and harmonious with the surrounding uses and neighborhood; September 2001 III-216 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 (9) Signs may be provided as follows: (a) Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; (b) Signs shall be both compatible and harmonious with the character of their location; and (c) Directional signs, consistent with Chapter 18.54 (Signs) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way. (10) The facility shall not impair the landscaping required by Chapter 18.40 (Landscape Standards) for any concurrent use allowed by this Development Code; (11) Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed; (12) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; (13) Use of parking spaces by the facility and by the attendant, if provided, shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and (14) Shall be subject to landscaping and/or screening as determined through land use permit review. Large collection facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a main use, which has a permanent structure is allowed in the DM and M zoning districts, subject to a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits) and the following standards: (1) The facility does not abut a parcel zoned or occupied for residential use; (2) The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls, or screen planting; (3) Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; September 2001 111-217 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 (4) Exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. Storage, excluding truck trailers, shall not be visible above the height of the required fence, wall, or screen planting; (5) The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; (6) Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and (7) Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels. Processing facilities. Light and heavy processing facilities are allowed in the manufacturing zoning district subject to a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), and compliance with the following standards: (1) The facility shall not abut a parcel zoned or occupied for residential use; (2) Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials; (3) A light processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers. (4) A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities; (5) Exterior storage of material shall be in sturdy containers or enclosures which are maintained and secured in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material(s). Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. Storage, excluding truck trailers, shall not be visible above the height of the required fence or wall; (6) Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials; and September 2001 III-218 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 (7) Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels. Time limit. Any permit issued in compliance with this Section shall have a maximum term established by the approved Use Permit. Before permit renewal, the Director shall consider the permittee's history of compliance with the established conditions of approval, as well as the applicable provisions of this Section and the Municipal Code. 3. General standards. All recycling facilities shall comply with the following standards: a. Signs. Facilities shall be provided with identification and informational signs as follows, provided the signs shall meet the standards of the applicable zoning district: (1) Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; (2) The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation; and (3) Identification and informational signs, and directional signs without advertising message, may be installed with the approval of the Director, if necessary to facilitate traffic circulation. b. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable and non-hazardous waste materials. 18.58.220 - Residential Accessory Uses and Structures This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 18.08.030, Residential Zoning District Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools/spas, and workshops. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses. 1. Relationship of accessory use to main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use. Attached structures. An accessory structure shall comply with the requirements of this Development Code applicable to the main structure, including heights, parcel coverage, and setbacks. An accessory structure for multi-family residential uses shall be architecturally compatible with the main structure. September 2001 III-219 TRUCKEE MUNICIPAL CODE - TITLE l g, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 3. Detached structures. a. Breezeways. A breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling when designed and constructed as a covered passageway which does not exceed 10 feet in width and has at least one side open, except for necessary supporting columns. b. Floor area. Except for a detached accessory garage, the floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the floor area of the main dwelling. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. 4. Adjoining parcels under common ownership. Residential accessory uses and structures, including the raising and keeping of animals, may be located on an adjoining parcel(s) if both parcels are under common ownership and the accessory use or structure complies with all provisions of this section. Building Permits. The Building Permit for a residential accessory use or structure shall not be: 1. Issued unless there is a residential use on the subject property or the permit is issued in conjunction with the residential dwelling permit; and 2. Fina[ed until there is a residential use on the subject property or the permit for the residential dwelling is finale& Antennas. Antennas are subject to the provisions of Section 18.58.250 (Telecommunications Facilities). Decks, porches, and stairways. Decks, porches, and stairways shall comply with State law (California Code of Regulations, Title 24). Stairways or landings shall not extend beyond any future right-of-way line established in compliance with this Development Code unless an encroachment permit is issued by the Town Engineer. Garages. Garages shall comply with the following standards, as well as the special setback requirements in Section 18.30.120.E (Setbacks Requirements for Specific Structures and Situations). Maximum floor area. a. A detached accessory garage for a single-family residential parcel shall not occupy more than 1,000 square feet of floor area unless a larger area is authorized by the Director through a Minor Use Permit, in compliance with Chapter 18.76 or the size of the parcel is one acre or greater. The floor area for a secondary residential unit in a detached accessory garage shall not be counted as part of the floor area of the garage. b. The floor area of an accessory garage that is attached to a main structure is not limited, except as required by the Building Code or any other applicable Town Code. September 2001 III-220 TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Go H° Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever standard would result in the smaller greenhouse. Home occupations. Home occupations are subject to the requirements of Section 18.58.120 (Home Occupations). Swimming pools/spas/hot tubs. Private swimming pools, spas, and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions: 1. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; and 2. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the Town Building Code. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements: Fencing shall be subject to the height limits of Section 18.30.070 (Fences, Walls, and Hedges). Fencing for non-commercial outdoor courts up to a maximum of 20 feet may be authorized by the Zoning Administrator through a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjoining property, in compliance with Section 18.30.060 (Exterior Lighting); and o Lighting for non-commercial outdoor courts may be authorized by the Director through a Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). Vehicle storage. The outdoor storage of vehicles, including incidental restoration and repair, is subject to Chapter 10.20 (Abandoned Vehicles) of the Municipal Code. Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential zoning district: 1. An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following non-commercial activities: a. Amusements or hobbies; b. Artistic endeavors (e.g., painting, photography, or sculpture); c. Maintenance of the main structure or yards; September 2001 Ili-221 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes. Any use of accessory workshops for a commercial activity shall meet the standards for Home Occupations, in compliance with Section 18.58.120 (Home Occupations); and A workshop shall not occupy an area larger than 25 percent of the floor area of the main structure, except where a workshop is combined with a garage. Subsection E. (Garages), above shall apply. Lo Cumulative size of accessory structures. The maximum cumulative size for all allowed accessory structures on a parcel, but not inlcuding a secondary residential unit in a detached structure, shall be in compliance with Table 3-17, below. TABLE 3-17 CUMULATIVE SIZE OF ACCESSORY STRUCTURES Type of Structure Size of Parcel Maximum Cumulative Floor Area Agricultural accessory Less than five acres 2,000 sq.ft. (1) structures Five acres or greater 5,000 sq.ft. (1,2) All other structures including Less than one acre 1,000 sq.ft. (1,3) detached garages but not agricultural accessory structures One acre or greater 1,000 sq.ft, or I00% of the gross floor area of the dwelling(s), whichever is greater. (l) Notes: (1) The cumulative floor area may be increased above the maximum standard subject to issuance of a Minor Use Permit in compliance with Chapter 18.76. (2) A Minor Use Permit may be approved for agricultural accessory structures in excess 5,000 sq.ft. (3) The cumulative maximum floor area for detached accessory structures is also restricted by Section 18.58.210(A)(3)(b). 18.58.230 - Secondary Residential Units This Section establishes standards for the development and operation of secondary residential units, hereafter referred to as "secondary units." A. Applicability. Secondary units are allowed in the DRS, DRM, RR and RS zoning districts subject to Zoning Clearance, and compliance with the requirements of this Section. Bo Number of units allowed. One secondary unit shall be allowed on a single-family parcel developed with one main dwelling, but shall not be allowed on a parcel developed with two or more dwellings. September 2001 III-222 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 C. Location on site. 1. The secondary unit may be located on the site to be within, attached to, or detached from the existing main dwelling; If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet, but by no more than 100 feet, and shall be subject to the same side and rear setback requirements applicable to the main dwelling; 3. The secondary unit shall be served by the same driveway encroachment as the main dwelling unit. D. Floor area limitation. A secondary unit shall comply with the following floor area requirements. Go Jo 1. Maximum floor area. The gross floor area of the unit shall not exceed the lesser of 50 percent of the existing living area of the main dwelling or: a. On parcels less than one acre: 800 square feet of gross floor area; or b. On parcels of one acre or more: 1,200 square feet of gross floor area. A secondary unit shall be allowed at least 500 square feet of gross floor area in all cases; 2. Minimum floor area. A secondary unit shall have a minimum gross floor area of 300 square feet; and Pedestrian access. The secondary unit shall have pedestrian access from either a public or private road, street, or alley. Architectural compatibility. The additional dwelling unit shall be architecturally compatible with the main dwelling unit. Parking. The additional dwelling unit shall be provided with two off-street parking spaces, in addition to that required for the main dwelling unit, in compliance with Chapter 18.48 (Parking and Loading Standards). Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system, or by an on-site system approved by the Nevada County Health Department. A secondary unit shall not be allowed on a parcel that is served by an on-site septic system and is less than three acres. Occupancy and Rental requirements. The owner of the single-family parcel shall occupy and continue to occupy either the main dwelling or the secondary unit as their permanent or seasonal residence. Either the main dwelling or the secondary unit may be rented, although rental is not required, but in no case shall both dwelling units be rented. Illegal secondary units. This Section shall not validate any existing illegal secondary unit. To convert a non-allowed secondary unit to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed secondary unit. September 2001 III-223 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 18.58.240 - Senior Citizen Projects This Section establishes procedures, standards, and a density bonus for the development of apartments for senior citizens and/or senior citizen independent living centers (Subsection A., below) and senior citizen congregate care housing facilities (Subsection B., below). The intent of these standards is to ensure compatibility with surrounding land uses and to provide a campus-like atmosphere coordinating all on-site facilities. Senior citizen apartments or independent living centers. When approved as part of a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), senior citizen apartments or independent living centers shall be designed in compliance with the following requirements: Additional facilities. If developed in a campus-like atmosphere and as a pan of a senior independent living center, skilled nursing facilities, and/or intermediate care facilities may be allowed with the approval of the required Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); and Parking. Off-street parking shall comply with Chapter 18.48 (Parking and Loading Standards). Those standards may be further reduced in compliance with Table 3-18, to a maximum reduction of 55 percent. The Commission may restrict the total number of resident cars to be parked on-site or designate specified on-site parking spaces for employee or visitor parking. TABLE 3-18 CRITERIA FOR PARKING REDUCTIONS Parking Reduction If all dwelling units are within, or have available Allowed Private transit vehicle. 10% Within 750 feet of transit stop or directly served by public transit. 10% Minimum of two meals per day served in community dining hall. 5% Within 1,500 feet of an ex~sting neighborhood or regional shopping center. 5% Within 100 feet of an existing neighborhood or community park or public recreation facility. 5% Self-contained village, no outside public access (e.g., drug and sundry store, beauty and 5% barber shop, etc.) minimum of 5% or 800 sq. ft., whichever is greater, of the common floor space. Community washers and dryers provided. 5% Within one mile of health care facilities, acute/emergency care facilities. 5% September 2001 I[I-224 TRUCKEE MUNICIPAL CODE- TITLE ! 8, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Bo Senior citizen congregate care housing facilities. When approved as part of a Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), the site development standards for senior citizen congregate care housing facilities shall be in compliance with the following requirements: 1. Allowable density: a. The number of allowable residential dwelling units shall not exceed a maximum density of 20 units for each net acre of land; and b. A density bonus may be utilized if the development proposal can be found consistent with the applicable provisions of Chapter 18.32 (Affordable Housing). Minimum floor area. The minimum floor area for each residential unit shall be as identified in Table 3-19. TABLE 3-19 MINIMUM FLOOR AREA FOR RESIDENTIAL UNITS Type of living unit Minimum floor area Studio 410 square feet One-bedroom 510 square feet if kitchen-dining and living areas are combined 580 square feet if kitchen-dining and living areas are separate Two-bedroom 610 square feet if kitchen-dining and living areas are combined 680 square feet if kitchen-dining and living areas are separate 3. Disabled access, safety, and security features: a. The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable State and Federal law; Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the Director; Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjoining properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood, in coinpliance with Section 18.30.060 (Exterior Lighting); and d. The entire development project shall be designed to provide maximum security for residents, guests, and employees. September 21}I}1 1II-225 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 4. Common facility requirements: Entertainment, recreational and social activity areas. Common entertainment, recreational, and social activity areas of a number, size, and scale consistent with the number of living units shall be provided; b. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided; and c. The development may provide one or more of the following specific common facilities for the exclusive use of the residents: (1) Beauty and barber shop; (2) Central cooking and dining room(s); (3) Exercise room(s); and (4) Small scale drag store and/or medical facility (not exceeding 850 sq. ft.). 5. Parking. Off-street parking shall be provided in the following manner: Standards relating to off-street parking, access, number of spaces required, dimensional requirements, disabled parking, landscaping, lighting, shading, striping, surfacing, etc. shall be in compliance with the standards outlined in Chapter 18.48 (Parking and Loading Standards); and b. Adequate and suitably striped or marked paved areas for shuttle parking shall be provided. Shaded waiting areas shall be provided adjoining the shuttle stops. 6. Transit facilities. A bus turnout and shelter along the street frontage shall be provided. 18.58.250 - Telecommunications Facilities This Section establishes standards for the development and operation of telecommunications facilities including cellular wireless communications facilities (Subsection A.), satellite antennas (Subsection B.), single pole/tower amateur radio antennas Subsection C.), and television and radio broadcasting towers (Subsection D.). mo Cellular wireless communications facilities. Cellular wireless telephone antennas, including supporting towers and related ground-mounted structures and equipment shall comply with the following requirements. Permit requirements. The land use permit requirement for wireless communications shall be as determined by Article II (Zoning Districts and Allowable Land Uses). Plans for the wireless communication facility shall be submitted with the land use permit application, in compliance with Chapter 18.70 (Applications, Processing, and Fees). September 2001 III-226 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 2. Site selection. Sites for cellular wireless communications facilities shall be selected according to the following order of preference: a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.); b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or c. On vacant land without significant .visual mitigation, only in concrmercial and manufacturing zoning districts. As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with Subsection 2.a (Site selection order of preference), above. 3. Prohibited areas. Wireless communications facilities shall not be established within the RS, RM, DRS, DRM, and DRH zoning districts. Co-location. The Town shall encourage and allow "co-location" of cellular equipment on appropriate existing Town structures and towers subject to reasonable engineering requirements. The Town shall encourage utility providers, special districts, and other public agencies to allow "co-location" of cellular equipment on appropriate existing structures and towers subject to reasonable engineering requirements. Painting. The equipment and supporting structure shall be painted a single, neutral, non- glossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood. 6. Setbacks. Equipment shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines. 7. Signs. Identification signs, including emergency phone numbers of the cellular service provider, shall be posted and readable at ground level, at all equipment/tower sites. 8. Undergrounding required. Electrical and equipment wiring shall be placed underground. 9. Unused/obsolete equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their need has ceased. Satellite antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed, and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) and as follows, when these provisions are not in conflict with applicable State and Federal regulations. (Normal/typical television antennas or satellite dishes with a maximum diameter of one meter (approximately 39 inches) are not regulated by this Section): September 2001 III-227 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Application requirements. Plans for antennas shall be submitted with each application for a Building Permit, and shall include a "simple" site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping, setbacks, and method of screening. The plans shall be subject to the approval of the Director; Painting. The antennas and supporting structure shall be painted a single, neutral, non- glossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood; Setbacks. An antenna shall not be located within any front or street side yard setbacks in any zoning district, and shall not extend beyond the property lines; Undergrounding required. Electrical and antenna wiring shall be placed underground, whenever possible; Residential zoning district standards. In any residential zoning district, antennas shall be subject to the following standards: Mounting location. Only ground-mounted antennas shall be allowed and the antennas shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, or 15 feet from the street side of a comer parcel. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception. However, the maximum diameter of a non-ground- mounted antenna shall be one meter (approximately 39 inches); Size limitations. The diameter of the ground-mounted antenna shall not exceed eight feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception; Screening. The antenna shall be separated from adjoining properties by at least a six- foot high solid fence or wail, or by plants or trees of equal minimum height, approved by the Director; Height limit. The height of the antennas shall not exceed 10 feet, at the highest point of the antenna. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception; e. Limitation on use of antenna. The antenna shall be used for private, non- commercial, purposes only; f. Number of antennas allowed. Only one antenna may be allowed on any parcel; g. Projections. An antenna shall not project into an area in which antennas shall not be located; and Setbacks. An antenna that is miler than adjoining property line fences shall be located away from the side or rear property line a distance that is equal to or greater than the height of the antenna. September 2001 1II-228 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 Co to 6. Non-residential zoning district standards. In any non-residential zoning district, antennas may be roof- or ground-mounted and shall be subject to the following standards: Allowable ground locations, if ground-mounted, the antennas shall not be located between a structure and an adjoining street and shall be screened from public view and surrounding parcels; bo Screening. If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall, or screening shall be subject to the approval of the Director; Size limitations. The diameter of the ground-mounted antenna shall not exceed 12 feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception; Height and location. The height and location of the antennas shall comply with the requirements of the applicable zoning district. The height provision may be modified by the Director if strict compliance would result in no/poor satellite reception; and Setbacks. If the subject parcel adjoins a residential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the Director. Single pole/tower amateur radio antennas. Single pole/tower amateur radio antennas shall be designed, constructed/installed, and maintained in the following manner. 1. Location requirements. Antennas shall not be located in a front or side yard. 2. Mounting. Antennas may be ground- or roof-mounted. 3. Height limit. The maximum height shall not exceed 50 feet, measured from finish grade. 4. Size limitations. Any boom or other active element/accessory shall not exceed 25 feet in length. Television and radio broadcasting towers. These towers shall be allowed in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). Effects of development on antenna reception. The Town shall not be liable if subsequent development impairs antenna reception. Variances. Telecommunications facilities not complying with the requirements of this Section may be authorized only in compliance with Chapter 18.82 (Variances). September 2001 III-229 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Standards for Specific Land Uses 18.58 September 2001 III-230 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 CHAPTER 18.60 - SURFACE MINING AND RECLAMATION STANDARDS Sections: 18.60.010 - Purpose of Chapter 18.60.020 - State Standards 18.60.030 -Applicability 18.60.040 - Vested Rights 18.60.050 - Process 18.60.060 - Standards for Reclamation 18.60.070 - Statement of Responsibility 18.60.080 - Findings for Approval 18.60.090 - Financial Assurances 18.60.100 - Interim Management Plans 18.60.110 - Annual Report Requirements 18.60.120 - Inspections 18.60.130 - Violations and Penalties 18.60.140 - Appeals 18.60.150 - Fees 18.60.160 - Mineral Resource Protection 18.60.010 - Purpose of Chapter The Town recognizes that the extraction of minerals is essential to the continued economic well- being of the Town and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The Town also recognizes that surface mining takes place in diverse areas where the biological, climatic, geologic, topographic, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. This Chapter provides standards and procedures that are intended to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code (PRC) Sections 2710 et seq., as amended, referred hereafter to as "SMARA"), PRC Section 2207 (relating to annual reporting requirements), and the State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq., referred to hereafter as the "State regulations"), to ensure the following: 1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses; The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment; and September 2001 II[-231 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 3. Residual hazards to the public health and safety are eliminated. 18.60.020 - State Standards The provisions of SMARA (PRC Sections 2710 et seq.), PRC Section 2207, and the State regulations (CCR Section 3500 et seq.), as those provisions and regulations may be amended from time to time, are hereby incorporated into this Chapter by reference as though they were fully set forth here, except that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail. 18.60.030 - Applicability Except as provided in this Chapter, no person shall conduct surface mining operations unless a permit, Reclamation Plan, and financial assurances for reclamation have tn:st been approved by the Town. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the Town, including the application of CEQA, the requirement of Site Approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be allowed under the law. The provisions of this Chapter shall apply to all lands within the Town, public and private. This Chapter shall not apply to the following activities, subject to the above-referenced exceptions: A. Farming/on-site construction. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. On-site excavation and earthmoving. On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions: All required permits for the construction, landscaping, or related land improvements have been approved by the Town in compliance with applicable provisions of State law and locally adopted plans and ordinances, including the California Environmental Quality Act ("CEQA", Public Resources Code, Division 13, Section 21000 et seq.); 2. The Town's approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities in compliance with CEQA; 3. The approved construction project is consistent with the General Plan and the subject zoning district; and Surplus materials shall not be exported from the site unless and until actual construction work has co~nmenced and shall cease if it is determined that constructi6n activities have terminated, have been indefinitely suspended, or are no longer being actively pursued. September 2001 III-232 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 Do Eo Fo Ho Mineral processing. Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions: 1. The plant site is located on lands designated for commercial or manufacturing uses in the General Plan; 2. The plant site is located on lands zoned commercial or manufacturing, or are contained within a zoning district intended exclusively for manufacturing activities; 3. None of the minerals being processed are being extracted on-site; and 4. All reclamation work has been completed in compliance with the approved Reclamation Plan for any mineral extraction activities that occurred on-site after January 1, 1976. Prospecting/extraction. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less. Required by Federal law. Surface mining operations that are required by Federal law in order to protect a mining claim, if those operations are conducted solely for that purpose. Infrequent nature. Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. Solar evaporation. The solar evaporation of sea water or bay water for the production of salt and related minerals. Emergency activities. Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies. I. Timber or forest operations. Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjoining timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in compliance with Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes. September 2001 III-233 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE 8urface Mining and Reclamation Standards 18.60 18.60.040 - Vested Rights A. Operations vested before January 1, 1976. A person(s) who obtained a vested right to conduct surface mining operations before January 1, 1976, shall not be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in compliance with SMARA, State regulations, and this Chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain Town approval of a Reclamation Plan covering the mined lands disturbed by subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976). B. Other requirements. All other applicable requirements of State law and this Chapter shall apply to vested mining operations. 18.60.050 - Process Application. Applications for a Site Approval or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Department. The application shall be filed in compliance with this Chapter and procedures to be established by the Director. The forms for Reclamation Plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed Reclamation Plan, to be established at the discretion of the Director. Required information. As many copies of a Site Approval and Reclamation Plan application, as may be required by the Director, shall be submitted in conjunction with all applications for the surface mining operations. For surface mining operations that are exempt from a Site Approval in compliance with this Chapter, the Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan. All documentation for the Reclamation Plan shall be submitted to the Department at the same time. C. Environmental review forms. Applications shall include all required environmental review forms and information identified by the Director. Public hearing. Upon completion of the environmental review procedure and filing of all documents required by the Director, Site Approval or Reclamation Plan for the proposed or existing surface mine shall reviewed at a public hearing before the Commission, and in compliance with Section 2774 of the Public Resources Code. September 2001 III-234 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 E. Notification to the State. Ho Within 30 days of acceptance of an application for a Site Approval for surface mining operations and/or a Reclamation Plan as complete, the Department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, the Department shall also notify the State Department of Transportation that the application has been received. CEQA compliance. The Director shall process the application(s) through environmental review in compliance with the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the Town's environmental review guidelines. Staff report. Subsequent to the appropriate environmental review, the Director shall prepare a staff report with recommendations for consideration by the Commission. Commission hearing. The Commission shall hold at least one noticed public hearing on the Site Approval and/or Reclamation Plan, in compliance with Chapter 18.180 (Public Hearings). I. Financial assurance compliance. Before final approval of a Reclamation Plan, financial assurances (as identified in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Commission shall certify to the State Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of State law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the State Department of Conservation. If a Site Approval is being processed concurrently with the Reclamation Plan, the Commission may simultaneously conceptually approve the Site Approval. However, the Commission may defer action on the Site Approval until taking final action on the Reclamation Plan and financial assurances. If necessary to comply with permit processing deadlines, the Commission may conditionally approve the Site Approval with the condition that the Director shall not issue the Site Approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the Reclamation Plan and financial assurances. In compliance with PRC Section 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the Reclamation Plan and 45 days to review and comment on the financial assurance. The Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Commission's approval. In particular, when the Commission's position September 2001 III-235 TRUCKEE MUNICIPAL CODE - TITLE 1 $, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 is at variance with the recommendations and objections raised in the State's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Commission shall be promptly forwarded to the operator/applicant. Commission's action. The Commission shall take action to approve, conditionally approve, or deny the Site Approval and/or Reclamation Plan, and to approve the financial assurances in compliance with PRC Section 2770(d). K. Copy to the State. The Department shall forward a copy, to the State Department of Conservation, of each: 1. Approved Site Approval for mining operations and/or approved Reclamation Plan, and a copy of the approved financial assurances; and Approved Site Approval or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year, by July 1 of each year for every active or idle mining operation within the Town. 18.60.060 - Standards for Reclamation mo State requirements. All Reclamation Plans shall comply with the provisions of SMARA (Sections 2772 and 2773) and State regulations (CCR Sections 3500-3505). Reclamation Plans approved after January 15, 1993, Reclamation Plans for proposed new mining operations, and any substantial amendments to previously approved Reclamation Plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-3713). Performance standards. The Town may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of Town-wide performance standards. Initiation of reclamation activities. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the Town. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include: 1. The beginning and expected ending dates for each phase; 2. All reclamation activities required; 3. Criteria for measuring completion of specific reclamation activities; and 4. Estimated costs for completion of each phase of reclamation. September 2001 III-236 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 18.60.070 - Statement of Responsibility Responsibility for reclaiming lands. The person submitting the Reclamation Plan shall sign a statement accepting responsibility for reclaiming the mined lands in compliance with the Reclamation Plan. B. Permanent record. The statement shall be kept by the Department in the mining operation's permanent record. Statement of new operator. Upon sale or transfer of the operation, the ne~v operator shall submit a signed statement of responsibility, before initiating or continuing operations, to the Department for placement in the permanent record. 18.60.080 - Findings for Approval Site approvals. In addition to any findings required by the Municipal Code, Site Approvals for surface tnining operations shall include a finding that the project complies with the provisions of SMARA and State regulations. B. Reclamation Plans. For Reclamation Plans, the following findings shall be required: The Reclamation Plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions; 2. The Reclamation Plan complies with applicable requirements of State regulations (CCR Sections 3500-3505, and Sections 3700-3713); The Reclamation Plan and potential use of reclaimed land in compliance with the plan are consistent with this Chapter and the General Plan and any applicable resource plan or element; The Reclamation Plan has been reviewed in compliance with CEQA and the Town's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations would be mitigated to the maximum extent feasible; The land and/or resources (e.g.,water bodies to be reclaimed, etc.) would be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development would compensate for related disturbance to resource values; The Reclamation Plan would restore the mined lands to an usable condition which is readily adaptable for alternative land uses in compliance with the General Plan and applicable resource plan; and September 2001 III-237 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Director. Where the Town's position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted. 18.60.090 - Financial Assurances A. Security. To ensure that reclamation will proceed in compliance with the approved Reclamation Plan, the Town shall require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the Town and the State Mining and Geology Board as specified in State regulations and in compliance with 18.84.040 (Performance Guarantees), and which the Town reasonably determines are adequate to perform reclamation in compliance with the surface mining operation's approved Reclamation Plan. 3. The financial assurances shall be made payable to the Town and the State Department of Conservation. Bo Financial assurances required. Financial assurances will be required to ensure compliance with elements of the Reclamation Plan, including revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary. C. Cost estimates. 1. Cost estimates for the financial assurance shall be submitted to the Department for review and approval before the operator secures financial assurances. The Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be presumed that the cost estimates are adequate, unless the Town has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations. September 2001 111-238 TRUCKEE MUNICIPAL CODE - TITLE 1 8, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 D. Amount of financial assurances. Eo Fo The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost esti~nates shall be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. 5. A contingency factor of 10 percent shall be added to the cost of financial assurances. Abandonment of operations. In projecting the costs of financial assurances, it shall be presumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the Town or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site. Duration of financial assurances. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required). G. Adjustment of financial assurances. Ho The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in compliance with the approved Reclamation Plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, except that the permittee may not claim credit for reclamation scheduled for completion during the coming year. Revisions to financial assurances. Revisions to financial assurances shall be submitted to the Director each year before the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the September 2001 111-239 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards l 8.60 next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. 18.60.100 - Interim Management Plans A. Interim Management Plan (IMP). Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including all Site Approval conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. 2. The proposed IMP shall be submitted on forms provided by the Department, and shall be processed as an amendment to the Reclamation Plan. 3. IMPs shall not be considered a project for the purposes of CEQA. Idle operations financial assurances. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP. Submittal to the State. Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days before review and approval by the Commission. D. Commission's action. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Commission shall review and approve or deny the IMP in compliance with this Chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. 3. The Commission shall approve or deny the revised IMP within 60 days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the Council, in compliance with Chapter 18.140 (Appeals). Eo Duration of IMP. The IMP may remain in effect for a period not to exceed five years, at which time the Commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in compliance with its approved Reclamation Plan. September 2001 III-240 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 18.60.110 - Annual Report Requirements mo Existing operations. Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. Bo New operations. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Co Fees and report required. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report. 18.60.120 - Inspections A. Scheduling and conduct of inspections. The Director shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 18.60.110, above, to determine whether the surface mining operation is in compliance with the approved Site Approval and/or Reclamation Plan, approved financial assurances, and State regulations. 2. At least one inspection shall be conducted each calendar year. o The inspections may be made by a State-licensed/registered: civil engineer, geologist, forester, or landscape architect, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Director. 4. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. Bo Notification to the State. The Director shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mining operator. C. Inspection costs. The operator shall be solely responsible for the reasonable cost of the inspections. 18.60.130 - Violations and Penalties If the Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Chapter, the applicable Site Approval, any required permit and/or the Reclamation Plan, the Town shall follow the procedures identified in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of Chapter 18.190 (Revocations and Modifications) for revocation and/or abandonment of a Site Approval which are not preempted by SMARA. September 2001 Ill-241 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 18.60.140 - Appeals Any person aggrieved by an act or determination of the Department, Director, or Commission in the exercise of the authority granted in this Chapter, shall have the right to appeal to the Commission or Council, as applicable, in compliance with Chapter 18.140 (Appeals). 18.60.150 - Fees Establishment of fees. The Town shall establish fees as it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, including processing of applications, annual reports, inspections, monitoring, enforcement, and compliance. Operator responsibility. The fees shall be paid by the operator, as required by the Council's Fee Resolution, at the time of filing of the Site Approval application, Reclamation Plan application, and at other times as are determined by the Town to be appropriate in order to ensure that all reasonable costs of implementing this Chapter are borne by the mining operator. 18.60.160 - Mineral Resource Protection Compatible areas. Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this Chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the General Plan. B. Land use decisions. In compliance with PRC Section 2762, the General Plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of the information. Land use decisions within the Town will be guided by information provided by the California Department of Conservation on the location of significant mineral resource areas. 3. Conservation and potential development of identified mineral resource areas shall be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any · development project in the impacted area. Before approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts. September 2001 III-242 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 Before approving a use that would otherwise be incompatible with mineral resource protection, the total tonnage of aggregate or other minerals that may be lost to development shall be estimated and the project's direct and cumulative impacts on mineral resources shall be evaluated. September 2001 III-243 TRUCKEE MUNICIPAL CODE - TITLE [ 8, DEVELOPMENT CODE Surface Mining and Reclamation Standards 18.60 September 2001 III-244 TRUCKEE MUNICIPAL CODE - TITLE l 8, DEVELOPMENT CODE Temporary Uses and Events 18.62 CHAPTER 18.62 - TEMPORARY USES AND EVENTS Sections: 18.62.010 - Purpose of Chapter 18.62.020 - Applicability 18.62.030 - Exempt Temporary Uses and Events 18.62.040 - General Requirements for All Temporary Uses 18.62.050 - Requirements for Specific Temporary Uses and Events 18.62.060 - Conditions of Approval 18.62.010 - Purpose of Chapter This Chapter provides standards for short-term commercial uses and events that may not meet the normal developtnent or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. 18.62.020 - Applicability mo Co Scope of requirements. This Chapter identifies the provisions (exempt uses, allowable uses, development standards, etc.) to assist in the review and determination on a Temporary Use Permit to ensure basic health, safety, and community welfare standards are met, and only suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use are approved. Permit requirements. The provisions of this Chapter shall be applied together with Chapter 18.80 (Temporary Use Permits), which identifies the following additional information regarding the processing and review of a Temporary Use Permit: I. Purpose of a Temporary Use Permit; 2 Applicability of a Temporary Use Permit; 3. Findings and Decision on a Temporary Use Permit; 4. Conditions of Approval to be imposed on a Temporary Use Permit; and 5. Post Approval Procedures for an approved Temporary Use Permit. Allowed uses. Only those temporary uses and events identified in Section 18.62.030 (Exempt Temporary Uses and Events), Section 18.62.050 (Requirements for Specific Temporary Uses and Events), and Tables 2-2 (Allowed Uses and Permit Requirements for Residential Zoning Districts), 2-3 (Allowed Uses and Permit Requirements for Downtown Residential Zoning Districts), 2-6 (Allowed Uses and Permit Requirements for Commercial and Manufacturing Districts), 2-7 (Allowed Uses and Permit Requirements for Downtown Commercial and Manufacturing Districts, and 2-9 (Allowed Uses and Permit Requirements for Special Purpose Districts) shall be allowed. All other temporary uses of land shall be prohibited. September 2001 1II-245 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Temporary Uses and Events 18.62 18.62.030 - Exempt Temporary Uses and Events The following temporary uses and events are not subject to the requirements of this Chapter, and are also not subject to the permit requirements established by Article II (Zoning Districts and Allowable Land Uses). A. Community events. Community events as identified by Town Council resolution. B. Garage sales. Garage sales, as defined by this Development Code. C. Mobile vending units. Mobile (vehicle) vending and food preparation units that are not located in any single area for a period exceeding two hours. D. Parades and street events. Parades and other temporary events within a public right-of-way, provided that all requirements of the Public Works Director and Police Chief are met. E. Temporary uses and events on public lands. Temporary uses and events conducted on land or within a structure under the control and ownership of a public agency, provided that all requirements of the public agency and the Police Chief are met. 18.62.040 - General Requirements for All Temporary Uses A. Cumulative time limits. Temporary uses shall not be allowed on or within a parcel, shopping center, professional center, or business park for more than 90 days in any calendar year. B. Building Permits. Any new structure or any new electrical service connection shall require a Building Permit unless specifically exempted by the Town Building Code. C. County Health Department approval. All temporary uses are, where applicable, subject to the issuance of a Certificate of Operation from the Nevada County Health Department for all temporary uses involving the handling of foods. Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation shall be provided in compliance with the requirements of the Director. The Director may require parking areas to be surfaced with a minimum of two inches of crushed rock or other surface(s). Pedestrian and display areas. The Director may require all pedestrian traffic and display areas not located within an existing paved area to be covered with green grass or a minimum of two inches of sawdust, wood shavings, or other surface(s). Signs. Signs shall be substantially attached to the stand, vehicle, or other structures used for the temporary sale of goods and the maximum allowable aggregate sign area shall be 16 square feet. The location of signs shall be approved by the Director. A-frame or sandwich board signs shall be prohibited. Do go September 2001 III-246 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Temporary Uses and Events 18.62 G. Site restoration. Ho Lo Mo No Oo Po 1. The subject site shall be restored to its original condition within five days from the date of termination of the permit. The Director may require the submission of a performance bond or other surety measures, in compliance with Section 18.84.040 (Performance Guarantees), satisfactory to the Director, to ensure that any temporary facilities or stmctures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition, and shall continue to be used in compliance with this Development Code. Issuance of Permit. Temporary Use Permits shall be issued no more than 30 days in advance of the initial date of operation. Fixed period of time. The Director may set a fixed period of time for the permit. Where not specified, the period of time shall not exceed the time limits established for the temporary use in Section 18.62.050 (Requirements for Specific Temporary Uses and Events). Operating hours. The Director may regulate operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection H, above. Nuisance factors. The Director may apply conditions to regulate nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration. Screening required. The Director may require temporary outdoor sales areas to be screened from adjoining public rights-of-way by temporary decorative walls, fences, and/or landscaping. Security. Security and safety measures shall be provided in compliance with the requirements of the Police Chief. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director. Waste collection and disposal Provisions shall be made for solid, hazardous and toxic waste collection, recycling and/or disposal, in compliance with the requirements of the Director. Other conditions. Any other conditions which will ensure the operation of the proposed temporary use or event in an orderly and efficient manner and in full compliance with the purpose/intent of this Chapter. September 2001 II1-247 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Temporary Uses and Events 18.62 18.62.050 - Requirements for Specific Temporary Uses and Events The following temporary uses and events are subject to the permit requirements established by Article II (Zoning Districts and Allowable Land Uses), and shall comply with the following standards. A. Commercial filming. Commercial filming may be authorized on properties within residential, commercial/manufactuhng, and special purpose zoning disthcts. B. Construction offices/yards. A contractors' construction office and/or yard may be authorized during construction or remodeling of a permanent multi-family residential, commercial, or manufacturing structure, or a public infrastructure project when a valid Building Permit or similar authorization is in force for the approved construction project. 2. The office and/or yard may be located off-site from the construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever Un'st Occurs. C. Material processing. Temporary on-site material processing may be authorized during construction or remodeling of a permanent structure when a valid Building Permit is in force for the approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first Occurs. Seasonal sales lots. Christmas tree and pumpkin and associated sales lots or the sale of other seasonal products and temporary residence/security trailers, when determined by the Director to be necessary for the sales event, may be authorized for a parcel or site for not more than 60 days in a single calendar year. E. Soil remediation. On-site soil remediation activities may be authorized for not more than 30 days. F. Temporary outdoor displays, events, sales, and services. l. Shall be for an on-site business and tied directly to products and services provided by the business. 2. Shall comply with the standards identified in Section 18.62.060 (Conditions of Approval), below. 3. May be authorized for a parcel or site for not more than 30 days in a single calendar year and for not more than 30 days in any 90 day period. September 2001 II1-248 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Temporary Uses and Events 18.62 G. Temporary uses, non-profit organization. 1. The temporary use shall be directly conducted, staffed, and operated by the non-profit organization. 2. An event sponsored by a non-profit organization with individual for-profit vendors or stands (e.g. arts craft fair) shall not be allowed under this Subsection. 3. The temporary use(s) may be authorized for a parcel or site for not more than 30 days in a single calendar year and for not more than 30 days in any 90 day period. H. Temporary work trailers. The trailer or portable structure(s) being used as a temporary work site for employees of a business may be authorized during construction or remodeling of a permanent commercial or manufacturing structure when a valid Building Permit is in force for the approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs. 18.62.060 - Conditions of Approval In approving an application for a Temporary Use Permit, the Director may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with this Chapter and the findings required by Section 18.80.030 (Findings and Decision). The conditions may address any pertinent factors affecting the operation of the temporary use or event, and may include the following: Time limits. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 90 days for a temporary event; Nuisance mitigation. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration; Hours of operation. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in Subsection A. 1., above; Parking. Provision for adequate temporary parking facilities, pedestrian, and vehicular circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 18.48 (Parking and Loading Standards); Performance guarantees. Submission of a performance bond or other surety measures, in compliance with Section 18.84.040 (Performance Guarantees), satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter, or any other September 2001 III-249 TRUCKEE MUNICIPAL CODE- TITLE t 8, DEVELOPMENT CODE Temporary Uses and Events 18.62 Fo Lo No evidence of the telnporary event upon completion or removal of the event, restored to the former condition, and shall continue to be used in compliance with this Development Code; Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate; Screening. Temporary outdoor sales areas screened from adjoining public rights-of-way by temporary decorative walls, fences, and/or landscaping, subject to the approval of the Director, and in compliance with Section 18.30.110 (Screening); Security and safety. Provision for security and safety measures, if applicable; Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director; Signs. Regulation of signs, in compliance with Chapter 18.54 (Signs); Location of structures and facilities. Regulation of temporary stmctures and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards; Waste collection. Provision for solid, hazardous and toxic waste collection, recycling, and/or disposal; Compliance with applicable standards. A requirement that the approval of the requested Temporary Use Permit is contingent upon a finding, by the Director, that the operation will be in compliance with the applicable provisions of this Section, the Development Code, and successful approval of any/all required permits from another department(s) or governing agency; and Other conditions. Other conditions that will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this Section. September 2001 III-250 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 CHAPTER 18.64 - TRUCKEE-TAHOE AIRPORT AREA RESTRICTIONS Sections: 18.64.010 - Purpose of Chapter 18.64.020 - Applicability 18.64.030 - Definitions 18.64.040 - Airport Height Zones and Height Limits 18.64.050 - Airport Safety Restriction Areas 18.64.060 - Airport Noise Zones 18.64.070- Subdivisions 18.64.080 - Nonconforming Uses and Structures 18.64.010 - Purpose of Chapter Obstructions in the vicinity of the Truckee-Tahoe Airport have the potential for endangering the lives and property of users of the Truckee-Tahoe Airport, and property or occupants of land in the vicinity; may affect existing and future instrument approach minimums of such airports; and may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of such airports and the public investment therein. The purpose of the airport area resaSctions is to regulate land uses in the vicinity of the Truckee-Tahoe Airport and below areas where aircraft perform approach and departure maneuvers, to protect people and property both in the air and on the ground, and to minimize noise and other conflicts between airport operations and surrounding land uses. 18.64.020 - Applicability The regulations of this Chapter shall apply to all areas located within the Airport Operations (-AO) overlay zoning district. Land uses, structures, and natural hazards shall comply with the development standards and requirements of this Chapter and other applicable regulations of this Development Code. 18.64.030 - Definitions The following are definitions of special terms and phrases used in this Chapter. definitions are provided in Chapter 18.220 (Definitions, Glossary). Airport elevation. 5,900 feet above mean sea level. Other general Airport hazard. Any object, structure, or use of land that intrudes beyond the height limits established by this Chapter, and which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. a. Natural hazard. A hazard created by the natural terrain, land contour, topographic feature, or tree cover which intrudes into the height limits established by this section. September 2001 III-251 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 b. Created hazard. A hazard brought about by any man-made structure which intrudes into the height limits established by this Chapter. Airport reference point. The point established as the approximate geographic center of the airport landing ama and so designated. Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Landing area. The area of the airport used for the landing, taking off or taxiing of aircraft. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set for in Section 18.64.040 of this Chapter. Primary surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is the same as the inner width of Safety Area 1 as set forth in Section 18.64.050.B.1 (Airport Safety Restriction Area Dimensions - Safety Area 1) Df this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway. A defined area of an airport prepared for landing and takeoff or aircraft along its length. Tree. Any dead or alive, woody or herbaceous plant material. Section 18.64.040 - Airport Height Zones and Height Limits Establishment of height zones. In order to carry out the provisions of this Chapter, there are hereby created and established certain height zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces. An area located in more than one of the following height zones is considered to be only in the height zone with the more restrictive height limitation. The various height zones are hereby established and defined as provided in Subsection C. Effect of height limits. Except as otherwise provided by Section 18.64.040.D, no object or structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport height zone created by this Chapter to a height in excess of the applicable height established by this section. C. Airport height zones and their height limits. 1. Runways 1R-19L and 10L-28R Approach Height Zones: Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. September 2001 III-252 TRUCKEE MUNICIPAL CODE- TITLE [ 8, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway. 2. Runway 19R Approach Height Zone: Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Height limit. As determined by a geometric plane that slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway. 3. Runways IL and 10R-28L Approach Height Zones: Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet frown the primary surface. Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway. 4. Runway Transition Height Zones: Location. The transition height zone extends outward at 90 degree angles to the runway centerline and the runway centerline is extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones, which project through and beyond the limits of the conical zones, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and a 90 degree angle to the extended runway centerline. Height limit. As determined by a geometric plane that slopes seven feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and the approach surface. Its centerline is the continuation of the centerline of the runway. 5. Runway Horizontal Height Zone: Location. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of Runway 1L-19R and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include approach zones and the transition zones. September 2001 II[-253 TRUCKEE MUNICIPAL CODE- TITLE 1 $, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 b. Height limit. As determined by a geometric plane that is 150 feet above the airport elevation. 6. Conical Height Zone: Location. An ama that commences at the periphery of the horizontal zone and extends outward and upward therefrom a distance of 4,000 feet at a slope of 20 feet horizontally for each foot vertically. The conical zone does not include the approach zones. Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone, extending to a height of 6,250 feet above the airport elevation. D. Exceptions to height limit. The height limits of this section may be exceeded as follows: The construction or maintenance of any structure, object, or growth of any tree may extend up to a height up to 35 feet above the surface of the land or up to the natural height of trees within the immediate area of the object or structure whichever is greater. This exception also applies to areas defined as a Natural Hazard. A structure or object may be erected, altered, or maintained to exceed the height limits of this section if: The Federal Aviation Administration has determined that the proposed structure or object does not constitute a hazard to air navigation and documentation of such determination has been provided to the Town Planner; or The California Department of Transportation, Division of Aeronautics has issued a permit allowing construction of the proposed structure or object in accordance with Section 21659 of the California Public Utilities Code. Section 18.64.050 - Airport Safety Restriction Areas Ao Establishment of airport safety restriction areas. In order to carry out the provisions of this section, there are hereby created and established certain airport safety restriction areas that include all of the land lying beneath the clear zones, approach/departure zones, and overflight zone. The various airport safety restriction areas are designated as Safety Area 1 (Clear Zone), Safety Area 2 (Approach/Departure Zone), and Safety Area 3 (Overflight Zone) and are hereby established and defined as provided in Subsection B. B. Airport safety restriction area dimensions. The airport safety restriction areas for the Truckee- Tahoe Airport have the following dimensions: Safety Area 1 (Clear Zones). Safety Ama I begins 200 feet beyond the end of the runway surface and is centered along the extended runway centerline. The lengths, and inner and outer widths of Safety Area 1 for each runway are as follows: September 2001 III-254 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 a. Runway 19R. Safety Area 1 has an inner width of 500 feet, extends outward for a length of 1,700 feet, and has an outer width of 1,010 feet. b. Runways 10R-28L and IL. Safety Area I has an inner width of 500 feet, extends outwards for 1,000 feet, and has an outer width of 700 feet. c. Runways IR-19L and 10L-28R. Safety Area 1 has an inner width of 250 feet, extends outwards for 1,000 feet, and has an outer width of 450 feet. Safety Area 2 (Approach/Departure Zones). Safety Area 2 begins at the outer end of Safety Ama 1 and is centered along the extended runway centerline. The lengths, and inner and outer widths and extents of Safety Area 2 for each runway are as follows: a. Runway 19R. Safety Area 2 has an inner width of 1,010 feet, extends outward for 3,400 feet, and has an outer width of 2,030 feet. b. Runways 10R-28L and IL. Safety Area 2 has an inner width of 700 feet, extends outward for 2,000 feet, and has an outer width of 1,100 feet. c. Runways 1R-19L and 10L-28R. Safety Area 2 has an inner width of 450 feet, extends outward for 2,000 feet, and has an outer width of 850 feet. Safety Area 3 (Overflight Zone). This zone generally coincides with the area overflown by aircraft during normal traffic pattern procedures and coincides with the area underlying the Horizontal Height zone which is outside of Safety Areas 1 and 2. The perimeter of Safety Area 3 is constructed by swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 19R-IL and connecting these arcs by lines tangent to the arcs. C. Limitations on land uses. Compatible uses. The Land Use Compatibility Guidelines and Policies of the Truckee- Tahoe Airport Comprehensive Land Use Plan as adopted by the Foothill Airport Land Use Commission are to be used when reviewing projects in Safety Areas 1, 2, and 3. The Guidelines list potential uses and indicate compatibility, conditional compatibility, or non- compatibility for each safety area. The Guidelines address safety concerns only, and noise or height restrictions may also apply to specific projects under review. 2o Use restrictions in Safety Areas 1 and 2. In addition to the uses specified in the Land Use Compatibility Guidelines and Policies, the following generalized land uses are defined as incompatible and are not permitted in Safety Areas 1 and 2: Any use that would direct a steady light or flashing light of white, red, green, or amber color toward an aircraft engaged in a straight final approach toward a landing at the airport, other than an FAA-approved navigational signal light or visual approach slope indicator. September 2001 II1-255 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 Any use that would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff, or engaged in a straight final approach toward a landing at the airport. c. Any use that would generate smoke or that could attract large concentrations of birds, or that may otherwise affect safe air navigation within Safety Areas 1 and 2. d. Any use that would generate electrical interference that may be detrimental to the operation of aircraft and/or airport instrumentation. Any hazardous installations such as above-ground oil, gasoline, or chemical storage facilities, excluding facilities for non-commercial, private domestic, or private agricultural use. Use restrictions in Safety Areas 1, 2, and 3. No use may be made of land within Safety Areas 1, 2, and 3 in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft. D. Implementation of airport safety policies. All uses and structures in Safety Areas 1, 2, and 3 shall be compatible with all applicable provisions of the Truckee-Tahoe Airport Comprehensive Land Use Plan (CLUP). Exceptions or deviations from the CLUP may be approved by the review authority only in accordance with the procedures and policies set forth in the CLUP. The Land Use Compatibility Guidelines and Policies of the Truckee-Tahoe Airport Comprehensive Land Use Plan (CLUP) as adopted by the Foothill Airport Land Use Commission provide the basis for determining compatibility of a particular use with the CLUP safety guidelines and policies. Basic compatibility may be determined by first identifying the safety area within which a proposed project is located, and then finding the use category on the guidelines chart. If a "yes" is indicated for the use in a particular safety area, the project is compatible with the CLUP guidelines and policies. A "no" indicates incompatibility. A "yes" with a footnote indicates conditional compatibility depending upon the size and intensity of use. In the case of a safety area boundary splitting a parcel, the parcel may be developed to split uses and densities as long as the individual portions of the parcel are consistent with the land use policies for the safety area in which they lie. Existing land uses that do not conform with the safety policies may be continued. However, nonconforming land uses, buildings, and structures may not be expanded or changed to another nonconforming use. When an existing nonconforming land use, building, or structure sustains damage or destruction of 50 percent of the value of the building or structure, subsequent use of the land must comply with the CLUP guidelines and policies. September 2001 Ili-256 TRUCKEE MUNICIPAL CODE - TITLE ! 8, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 Section 18.64.060 - Airport Noise Zones mo Bo Establishment of airport noise zones. In order to carry out the provisions of this section, there are hereby created and established certain airport noise zones that include all of the land lying beneath the projected 2010 airport noise contours of 55 db CNEL, 60 db CNEL, and 65 db CNEL. The various airport noise zones are hereby established as shown on Sheet 30(Airport Noise Zones) of the Town Zoning Map. Referal of application. Any application for a minor use permit, use permit, development permit, or variance for uses or structures proposed within the 60 dB CNEL airport noise contour shall be referred to the Foothill Airport Land Use Commission and Truckee-Tahoe Airport District in accordance with Section 18.70.060 (Initial Application Review/Environmental Assessment). C. Use restrictions within 65 dB CNEL airport noise contour. 1. Incompatible uses. The following land uses are defined as incompatible and are not permitted within the 65 dB CNEL airport noise contour: Residential uses and structures including, but not limited to, single family dwellings, multi-family dwellings, mobile home parks, secondary residential units, senior citizen/disabled congregate care facilities, multi-family dwellings in commercial/office projects, and live/work quarters. Institutional, education, and public assembly uses including, but not limited to, churches/places of worship, hospitals, convalescent homes, community centers, libraries, schools, theaters, and meeting halls. Parks, playgrounds, golf courses (not including habitable structures), and other similar outdoor uses are permitted. Commercial development affected by aircraft noise. Land use permit applications for commercial structures proposed within the 65 dB CNEL airport noise contour shall include an acoustical analysis of the effect of aircraft and other noise sources on those portions of the building where the public is received, office areas, and other areas where interior noise levels are generally low. The design and construction of the building shall incorporate appropriate mitigation measures to reduce interior noise levels to acceptable levels as determined by the acoustical analysis. D. Use restrictions within the 55 dB CNEL airport noise contour. Interior noise level. Whenever a new single family dwelling or multi-family dwelling is proposed on a parcel within or partially within the 55 dB CNEL airport noise contour, the land use permit application shall include an acoustical analysis of the effect of aircraft and other noise sources on the dwelling. The acoustical anaiysis shall identify appropriate mitigation measures that demonstrate the design and construction of the dwelling will limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2. These mitigation measures shall be incorporated into the design and construction of the dwelling. 2. Airport noise notification. Prior to the issuance of any grading or building permit for a structure, object, or use proposed within the 55 dB CNEL airport noise contour, a deed September 2001 II1-257 TRUCKEE MUNICIPAL CODE- TITLE 18, DEVELOPMENT CODE Truckee-Tahoe Airport Area Restrictions 18.64 notice on the property shall be recorded with the Nevada County Recorders Office. The purpose of the deed notice is to disclose to the property owner and future owners that the property is subject to routine overflights and associated noise and other impacts by aircraft operating at the Truckee-Tahoe Airport. The language of the deed notice shall be reviewed and approved by the Director prior to recordation. 18.64.070 - Subdivisions Tentative map requirements. All tentative map proposals shall identify the 55 dB CNEL, 60 dB CNEL, and 65 dB CNEL airport noise contours and Airport Safety Areas 1, 2, and 3 located within the project site. Building sites. A proposed subdivision shall not create or establish building sites or pads within the 65 dB CNEL airport noise contour. Tentative map proposals for residential subdivisions with building sites or pads proposed within the 55 dB CNEL shall include an acoustical analysis of the effect of aircraft and other noise sources on future dwellings. The acoustical analysis shall identify appropriate mitigation measures that demonstrate that the proposed design and construction of future dwellings will limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2. Avigation easement. Prior to or concurrently with the recordation of a parcel map or final map, an avigation easement shall be recorded with the Nevada County Recorders Office on all properties located within or partially within the 55 dB CNEL airport noise contour and/or Airport Safety Area 3 (Overflight Zone). The language of the avigation easement shall be reviewed and approved by the Director prior to recordation. Section 18.64.080 - Nonconforming Uses and Structures The regulations prescribed by this Chapter shall not be construed to require the removal, lowering, or other changes or alterations of any structure, object, or tree not conforming to the regulations as of the effective date of this Development Code, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure or object, the construction or alteration for which a land use permit has been issued prior to the effective date of this Development Code and is diligently pursued. September 2001 Ii1-258