Chapter 18.30 — GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS

Sections:

18.30.010 - Purpose and Applicability 18.30.020 - 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 and Night Sky 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 18.30.151 - Storage Containers 18.30.155 - Tree Protection 18.30.160 - Undergrounding of Utilities 18.30.170 - Vibrations

• A. 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.

  1. 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.

  2. 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.

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• A. 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.

• B. Access and improvement specifications. The approval of proposed development shall require the applicant to dedicate right-of-way and to improve the public street frontages of the site including sidewalk, drainage or other street improvement installations in compliance with the General Plan, the requirements of the Town Engineer and the Truckee Public Improvements and Engineering Standards.

• C. 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.

• D. Acceptable levels of service. The review authority shall not approve a land use permit for a project that generates 10 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 Truckee Plan traffic analyses and any intersection that accommodates a substantial volume of traffic as determined by the Town Engineer. A significant impact shall occur when:

  1. 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.

  2. For intersections with an existing unacceptable level of service, the project increases the total traffic volumes of the intersection by five percent 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.

• E. Exemption. Construction of a single-family residence or accessory dwelling unit 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).

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• A. 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;

  2. 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;

  3. 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;

  5. 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 (hydroseeding, etc.), subject to the approval of the Director.

  - a. 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; 
  

  6. 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;

  7. 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;

  8. 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;

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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.

• B. 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.

• C. 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.

• D. 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.

• A. General standard. In the event that archaeological or cultural resources are discovered during any construction, 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.

• B. 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 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.

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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.

4. 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 impacts to cultural resources cannot be determined prior to project approval or when required by the Director based on a recommendation by the field surveyor.

• C. 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;

  2. 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

   5. 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.

• D. 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

• E. Human remains. If human remains are encountered during construction, the County Coroner shall be notified. If the remains are determined to be Native American, the Coroner has 24 hours to notify the Native American Heritage Commission of the findings.

All applications for Zoning Clearance, Development Permit, Minor Use Permit or Use Permit shall include drainage and erosion control plans and be designed and constructed to provide facilities for the proper conveyance, treatment and disposal of storm water in compliance with this Section.

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• A. 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.

  1. 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. All erosion control plans for single-family dwellings on existing lots shall be designed to be consistent with “Town of Truckee Minimum Standards for Year-Round Erosion Prevention on One and Two Family Construction Projects.”

  2. 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.

  3. Preliminary and final plans shall contain all information specified in the instructions for preparing drainage and erosion control plans provided by the Building Division.

  4. 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.

  5. For projects disturbing one acre or more of surface area, the project applicant shall provide their Stormwater Pollution Prevention Plan (SWPPP) and Waste Discharge Identification number to the Town Engineer prior to issuance of any improvement plans or construction permits. The erosion control sheet provided in the Town submittal shall match the erosion control plan within the SWPPP submitted to the Regional Water Quality Control Board.

  6. For all erosion control plans and pre- and post-construction BMP design, emphasis and first order of prevention shall be placed on erosion control as compared to sediment control and runoff. Erosion control prevents soil and other pollutants from moving, while sediment control retains and treats water containing pollutants.

• B. Runoff treatment. Surface runoff treatment measures consistent with the Regional Water Quality Control Board’s Truckee River Hydrologic Unit Project Guidelines for Erosion Control, the Town of Truckee Stormwater Management Program Guidelines and the “California Stormwater Best Management Practices Handbooks,” prepared by the California Stormwater Quality Association shall be incorporated into the project. The following measures shall also be incorporated into the project:

1. Stormwater runoff:

• a. To the maximum extent feasible, the use of Low-Impact Design (LID) practices shall be incorporated into project design. Runoff from impervious surfaces shall be collected, treated and contained on-site utilizing infiltration disposal facilities (e.g.,

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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;

• b. Runoff shall be directed into any on-site retention/treatment basin using a slot drain, culvert, depressed swale, rock-lined trench, rain gardens and/or other approved drainage facilities. Surface and subsurface water shall not drain over sidewalks or adjoining parcels;

• c. The California Building Code requires that water drain away from building foundations. Drip line infiltration trenches have been found to directly conflict with the requirement when installed in close proximity to foundations.

  • (1) Infiltration trenches or dry wells may be used in other locations such as along driveways. Drip lines of buildings and decks are recommended to be armored with rock or other approved material to prevent splash erosion;

• d. Runoff from snow storage areas shall be collected, treated and contained on-site in accordance with the requirements of Subsection B; and

• e. BMPs included in the design shall be appropriate to treat the anticipated pollutants in the stormwater runoff at the site.

2.

On-site drainage facilities:

• a. 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 right-of-way;

• b. Facilities shall not be used for snow storage unless designed or retrofitted for snow melt and the required detention volume. Snow shall not be placed within any required on-site drainage facility, which conflicts with the intended function of the facility; and

• c. Markers and signage, which prohibit illegal dumping at storm drain inlets and at public access points along channels and creeks within the project area, shall be installed by the project applicant. Storm drain inlet signs shall be permanent in nature for new facilities (i.e. stamped concrete). New development projects with existing facilities shall be retrofitted with a sign that can be bolted or glued on.

3. Wetlands:

• a. Runoff into wetland areas shall not be increased above or decreased below preproject 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 nor shall the flow path of runoff be altered (i.e., sheet flow as opposed to concentrated flow); and

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• b. Runoff into wetland areas shall be treated in accordance with Subsection B prior to release into the wetland.

• c. All site disturbance shall be set back from the perimeter of the delineated wetlands at least 10 feet and a four-foot tall wetland protection fence shall be required around the perimeter of the wetland. Signage in earthtone colors (dark green, brown, or warm grays) with a nonreflective white background shall be required at least every 50 feet unless the review authority finds that fewer signage will provide adequate protection.

• C. 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 “California Stormwater Best Management Practices Handbooks,” prepared by the California Stormwater Quality Association, shall be incorporated into the project. The following measures shall also be incorporated into the project:

1. Erosion control plans .

• a. All erosion control plans shall be designed to achieve the following performance standards:

  • Prevent fugitive dust during and after construction which may be accomplished with the use of a water source or by covering areas that may have been disturbed;

  • Prevent soil migration off of the property limits or construction area;

  • Prevent rilling and other forms of erosion on-site;

  • Prevent tracking of material off-site which may be accomplished using a construction entrance and/or a tire wash;

  • Prevent spills and leaks of materials by properly storing and handling trash enclosures, storage containers and portable toilets;

  • Prevent stock pile erosion which may include situating stock piles in appropriate locations to reduce wind and water impacts, installing appropriate erosion control such as silt fences and waddles at appropriate intervals around piles and/or application of tackifier products;

• b. All erosion control plans shall include details and section views of correct BMP placement and installation.

• c. All erosion control plans shall provide a non-pervious concrete wash out area or prohibit concrete wash out on site.

2. Temporary measures. Temporary erosion control measures as required by the Director shall be installed and continuously maintained and changes in the field made as needed to comply with the requirements described below for the duration of construction and shall include:

• a. All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director;

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• b. 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, temporary gravel and/or earthen or sand bag dikes;

• c. All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be installed prior to adverse weather conditions. Loose soil piles shall be tackified or covered with material that minimizes migration of the stockpile. Tarps are not recommended but may be used for the building season (May 1 – October 15) or in an emergency. A tackifier is a bonding or adhesive agent, which when applied to loose soil piles works to minimize soil erosion and migration;

• d. All temporary erosion control measures shall remain in place until all disturbed areas are permanently stabilized and/or vegetated. After all permanent erosion control is properly in place on a site, the temporary measures must be taken out unless fully compostable; and

• e. The responsible party shall field check all BMPs prior to anticipated storm events, immediately after storm events, during storm events longer than 48 hours and weekly. All maintenance, repairs and needed BMP changes shall be completed in a timely and/or appropriate manner depending on timing of the storm event (i.e. prior to an anticipated event or as soon thereafter).

3. 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;

• b. Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen materials to any surface water drainage course; and

• c. All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching and initial fertilizing and watering as needed. Temporary erosion control measures shall remain in place until permanent vegetation has been established.

• d. Prior to approval of any grading permits or improvement plans, the project applicant shall submit a maintenance plan and provisions for post-construction BMPs to the Town Engineer for review and approval. The maintenance schedule and plan shall be recorded with the Nevada County Recorder’s Office and a copy shall be provided to the Town Planner. Single-family residences or accessory dwelling units are exempt from this requirement.

  • e. Projects that are required to comply with the State Construction General Permit shall at a minimum comply with the permanent BMP requirements in the most current Construction General Permit.

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4. 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; 

  - b. 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 

  - d. 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. 

5. 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. Installation and maintenance of Best Management Practices is required on a year-round basis. All Best Management Practices shall be inspected for winterization and function prior to October 15.

• D. 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.

• E. 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. The property owner shall retain all maintenance records verifying compliance with this section for a period of five years for the life of the project. Maintenance shall include:

  1. Unclogging of basins, pipes, swales and trenches by debris, ice and sediment;

  2. 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. Use Permit required. Projects satisfying any of the following conditions will require the approval of a Use Permit in compliance with Chapter 18.76:

  1. Projects within the 100-year floodplain of waters under the jurisdiction 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 wetland areas, or other sensitive lands. Docks, piers, ramps and similar structures within

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the 100-year floodplain of Donner Lake shall not require the approval of a 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

3. Projects resulting in the disturbance of land or located within 200 feet of any wetland area. A wetlands delineation report prepared by a wetland expert in accordance with the Corps of Engineers Wetlands Delineation Manual within the prior five years and drainage report shall be required.. Any disturbance of wetland areas, including increased or decreased water runoff into the wetlands or water quality impacts, shall comply with Section 18.46.040 (Wetlands).

Exception: For projects that are not requesting Streamlined Residential Review (Chapter 18.79). The Director may exempt the project from the wetland requirements if it is found 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.

• G. Standards for Specific Land Uses. Projects which include any of the following land uses shall comply with the applicable development standards. Additional standards are found in Appendix K of the Town of Truckee’s Stormwater Management Program.

  1. Outdoor Materials Storage. For outdoor areas for storage of materials that may contribute pollutants (debris, dirt, chemicals, etc.) to the storm water conveyance system, require these materials to be placed in an enclosure (cabinet, shed) that prevents contact with runoff or spillage to the storm water conveyance system OR to be protected by secondary containment structures such as berms, dikes or curbs. Also, the storage area must be paved and sufficiently impervious to contain leaks and spills and shall have a roof or awning to minimize collection of storm water within the secondary containment area.

an enclosure (cabinet, shed) that prevents contact with runoff or spillage to the storm water conveyance system OR to be protected by secondary containment structures such as berms, dikes or curbs. Also, the storage area must be paved and sufficiently impervious to contain leaks and spills and shall have a roof or awning to minimize collection of storm water within the secondary containment area.

2. Outdoor Solid Waste Storage Areas. The solid waste and recycling receptacle area(s) shall be designed to divert drainage from adjoining roofs and pavement around the receptacle. The solid waste and recycling container shall be screened or walled to prevent off-site transport of trash, including transport by wind. The solid waste and recycling receptacle(s) shall also be covered when not in use or during storm events.

3. Large Commercial/Industrial Developments. For large commercial/industrial developments of greater than 100,000 square feet, the following is required:

   • a. Loading dock areas shall be covered or designed to minimize run-on and runoff of storm water drainage;

   • b. Direct connections to storm drains from depressed loading docks (truck wells) shall be prohibited;

   • c. Repair/maintenance bays shall be indoors or designed in such a way that does not allow storm water run-on or contact with storm water runoff;

   • d. The drainage system for a repair/maintenance bay shall capture all wash water, leaks

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and spills and connect to a sump for collection and disposal (direct connection to the storm drain system shall be prohibited); and

• e. If needed by the types of uses proposed in the development, require an area for washing/steam cleaning of vehicles and equipment which is self-contained and/or covered, equipped with a clarifier or other pre-treatment facility and properly connected to a sanitary sewer or other appropriately permitted disposal facility.

4. Restaurants. An area for the washing/steam cleaning of equipment and accessories which is self-contained, equipped with a grease trap and properly connected to a sanitary sewer is required unless an alternative equivalent is approved by the Nevada County Environmental Health Department. If the washing area is located outdoors, the area shall be covered, paved, have secondary containment and be connected to the sanitary sewer or other appropriately permitted disposal facility.

5. Service Stations. For service stations or other land uses with on-site fueling stations, the following is required:

   • a. The fuel dispensing area shall be covered with an overhanging roof structure or canopy with minimum dimensions equal to or greater than the area within the grade break;

   • b. The canopy shall not drain onto the fuel dispensing area, and the canopy downspouts must be routed to prevent drainage across the fueling area;

   • c. The fuel dispensing area must be paved with Portland cement concrete or equivalent smooth impervious surface (asphalt concrete shall be prohibited);

• d. The fuel dispensing area shall have a 2% to 4% slope to prevent ponding and shall be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable; and

  • e. The concrete fuel dispensing area shall extend a minimum of 6.5 feet from the corner of each dispenser or the length at which the hose and nozzle assembly may be operated plus one foot, whichever is less.

6. Vehicle Repair and Maintenance Shops. For vehicle repair and maintenance shops, the following is required:

   • a. Any fuel dispensing areas shall comply with the requirements for retail gasoline outlets;

   • b. Repair/maintenance bays shall be indoors or designed in such a way that does not allow storm water run-on or contact with storm water runoff;

   • c. The drainage system for a repair/maintenance bay shall capture all wash water, leaks and spills and connect to a sump for collection and disposal (direct connection to the storm drain system shall be prohibited);

   • d. An area for washing/steam cleaning of vehicles and equipment shall be required, and the area shall be self-contained and/or covered, equipped with a clarifier or other

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pre-treatment facility and properly connected to a sanitary sewer or other appropriately permitted disposal facility;

• e. Loading dock areas shall be covered or designed to minimize run-on and runoff of storm water drainage; and

• f. Direct connections to storm drains from depressed loading docks (truck wells) shall be prohibited.

7. Parking Lots. For parking lots greater than 5,000 square feet of surface area or 25 spaces, the following is required:

   • a. Runoff shall be infiltrated or treated;

   • b. Oil and petroleum hydrocarbons at heavily used parking lots (fast food outlets, lots with 25 or more spaces, sports event parking lots, shopping malls, grocery stores, discount warehouse stores) shall be treated and removed from storm water; and

   • c. Adequate operation and maintenance of treatment systems, particularly sludge and oil removal, and system fouling and plugging prevention control shall be required.

8. Repair and Maintenance Bays. For repair and maintenance bays, the following is required:

   • a. Repair and maintenance bays must be indoors or designed in such a way that does not allow storm water run-on or contact with storm water runoff; and

   • b. Repair and maintenance bays shall be designed to capture all wash water, leaks and spills. All bay drains shall be connected to a sump for collection and disposal. A direct connection of the bays to the storm drain system is prohibited.

9. Vehicle and Equipment Wash Areas. For vehicle and equipment wash areas, the following is required:

   • a. The area for washing/steam cleaning of vehicles and equipment is required to be self-contained and/or covered, equipped with a clarifier;

   • b. The area shall be properly connected to a sanitary sewer or other appropriately permitted disposal facility; and

• c. Commercial vehicle washing in areas without these specially designed wash areas are prohibited.

• A. Structures within easements. No structure shall be allowed within public utility easements, snow storage easements, access/driveway easements, drainage easements or any other easement offered for dedication to the County of Nevada or the Town, except as follows:

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1. The structure serves the purpose of the easement. For example, an electrical transformer in a public utility easement;

2. The structure is allowed in the easement in accordance with the Public Improvement and Engineering Standards; or

3. The structure is allowed 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.

4. A single-family driveway, including retaining walls, bridge decks, and/or support posts, may be allowed within easements as approved by the Town Engineer.

• B. Required parking, required landscaping, and required site improvements shall be prohibited within easements unless either: (i) the easement is amended, with the consent of all entities with an interest in the easement, to clarify that the parking, landscaping, and/or other improvements can remain in place in perpetuity notwithstanding any other provision of the easement; or (ii) all entities with an interest in the easement provide written consent for the parking, landscaping and/or other improvements to remain in place in perpetuity, which such consent is absolute, irrevocable, permanent, supersedes the easement to the extent it is inconsistent with the easement, and is recorded in the official records of Nevada County. Parking required to meet the minimum standards of Section 18.48.040 (Number of Parking Spaces Required) shall not be permitted within snow storage easements (Municipal Code Section 10.17.030).

• A. Purpose. It is the purpose and intent of this Section to balance the goals of the Town of Truckee General Plan to maintain its small town character with the need to provide for safe lighting practices and to minimize light pollution for the enjoyment of Truckee’s residents and visitors.

  1. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these concerns are:

     • a. The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

     • b. Lighting practices that interfere with the health and safety of Truckee’s residents and visitors;

     • c. Unnecessary waste of energy and resources in the production of too much light or wasted light;

     • d. Interference in the use or enjoyment of property which is not intended to be illuminated at night; and

     • e. Loss of the scenic view of the night sky due to increased urban sky glow.

  2. The concerns of safety, utility and aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare

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or light pollution. In nearly all cases, careful attention to when, where and how much nighttime lighting is needed will lead to better lighting practices.

3. It is the intent of this Section to require lighting practices and systems which will minimize light pollution, glare, light trespass and conserve energy while maintaining nighttime safety, utility, security and productivity.

• C. Definitions. As used in this Section:

Direct illumination. Illumination resulting from light emitted directly from a lamp, luminary or reflector and is not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

Fully shielded. A light fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. (See Figure 1.) To understand the difference between a fully shielded light fixture and an unshielded light fixture, please see Figure 2.

==> picture [120 x 93] intentionally omitted <==

==> picture [119 x 98] intentionally omitted <==

==> picture [88 x 88] intentionally omitted <==

FIGURE 1 EXAMPLES OF SHIELDED LIGHT FIXTURES

Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

Light pollution. Any adverse effect of manmade light.

Light trespass. Light spill falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner.

Lumens. A unit used to measure the actual amount of visible light which is produced by a lamp as specified by the manufacturer.

Luminary. The complete lighting assembly, less the support assembly.

Overlighting. The excessive use of light.

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Sky glow. The illumination of the night sky or parts of it. The most common cause of sky glow is artificial light that emits light pollution, which accumulates into a vast glow that can be seen from miles away and from high in the sky.

Unshielded fixture. Any fixture that allows light to be emitted above the horizontal directly from the lamp or indirectly from the fixture or a reflector. (See Figure 2.)

==> picture [412 x 148] intentionally omitted <==

FIGURE 2 EXAMPLES OF UNSHIELDED LIGHT FIXTURES

D. Applicability.

1. New uses, buildings and major additions or modifications. If the total cumulative increase in floor area is greater than 50 percent for single-family residential or greater than 25 percent for all other uses, or if the total cumulative cost of any exterior modification, alteration or repair is greater than 25 percent of the valuation of the building as determined by the Director, then all outdoor lighting fixtures shall meet the requirements of this Section for the entire site, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25 percent or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a major addition for purposes of this Section.

2. Minor additions. If the total cumulative increase in the floor area is 50 percent or less for single-family residential or 25 percent for all other uses, or if the total cumulative cost of any exterior modifications, alteration or repair is less than 25 percent of the valuation of the building as determined by the Director, then full conformance of the existing portion of the building or structure is not required. However, such projects shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.

3. New lighting. Any new lighting on the site shall meet the requirements of this Section with regard to shielding and lamp type; the total outdoor light output after the modifications are complete shall not exceed that on the site before the modification, or that permitted by this Section, whichever is larger.

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4. Resumption of use after abandonment. If a property or use with nonconforming lighting is abandoned as defined in Chapter 18.130 (Nonconforming Uses, Structures and Parcels), then all outdoor lighting shall be reviewed and brought into compliance with this Section before the use is resumed.

5. Historic Preservation Overlay District. Non-shielded light fixtures may be allowed within the public right-of-way or on properties within the Historic Preservation Overlay District provided that they are determined by the review authority to be historically appropriate and contribute to the overall historic context of the site.

• E.

Exemptions and nonconforming lights.

1. Nonconforming lights. All nonconforming outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this Section are exempt from all requirements of this Section. However, there shall be no change in use or lamp type, or replacement (except for same type and same output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Section.

• a. In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Section.

2. Emergency lighting. All temporary emergency lighting needed by local emergency services providers or public utility and public safety agencies is exempt from all requirements of this Section for as long as the emergency exists.

3. Radio, communication and navigation towers. Lighting of radio, communication and navigation towers in accordance with the Federal Aviation Administration regulations is exempt.

4. Flag lighting. Lighting for flags is exempt provided the light fixture is positioned from the top of the flagpole, is directed downward and does not exceed 1,300 lumens.

5. Public and private utilities. This ordinance shall not apply to rights-of-way or easements owned or operated by public or private utilities.

F. General Standards.

1. All exterior lighting shall be designed, located and lamped in order to prevent or minimize the following:

   • Overlighting;

   • Energy waste;

   • Glare;

   • Light Trespass; and

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• Sky glow.

2. All non-essential exterior commercial, recreational and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.

3. Lighting intensity shall be the minimum required to serve the tasks for which the fixtures are intended.

4. Exterior lighting shall be considerate of both the neighbors and the community as a whole. Each new lighting scheme should actively strive to reduce negative light impacts. If a light from a project casts a shadow at the property line, the light is considered to be trespassing. Lighting shall 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.

G. Design Criteria.

1. External light fixtures, poles and their foundations should be simple in design and compatible with and complementary to the style of surrounding development. Historicalthemed fixtures are not appropriate for a contemporary building design, and modern 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.

2. Color-corrected lamps of appropriate intensity should be used in exterior lighting. Highefficiency lamps that alter the colors of objects at night are discouraged. Fluorescent, color-corrected sodium vapor, and LED lamps should be used because they provide light with an appropriate color spectrum.

3. Light fixtures should be architecturally integrated with the character and architecture of the structure(s) and the landscape design of the project.

4. An appropriate hierarchy of lighting fixtures/structures and intensity shall be considered when designing the lighting for the various elements of a project (i.e. building and site entrances, walkways, parking areas, or other areas of the site).

5. To achieve the desired lighting level for parking and pedestrian areas, the use of more short, low intensity fixtures is encouraged over the use of a few tall fixtures that illuminate large areas.

H. Outdoor Lighting Standards.

1. Lamp and shielding. All light fixtures are required to be fully shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded light fixtures for all uses, not exempt under Subsection D.

2. Light trespass standard. All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries

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of the source. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Motion-sensing light fixtures, not exempt under Subsection D, shall be fully shielded and property adjusted, according to the manufacturer’s instruction, to turn off when detected motion ceases.

3. Total outdoor light output standards – non-residential and multifamily uses. Total outdoor light output shall not exceed 100,000 lumens per net acre for all development except for single-family residential uses. This cap is not intended to be achieved in all cases or as a design goal. Instead, design goals should be the lowest level of lumens necessary to meet the lighting requirements of the site.

  - a.   Seasonal decorations are not counted toward these limits. 

  - b.  Lighting used for external illumination of signs is counted. 

4. Total outdoor light output standards - single-family residential uses. Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap. Outdoor lighting for single-family residential uses is subject to the lamp fixture and shielding requirements.

5. Parking lot and private roadways. Lighting fixtures for parking lots and private roadways should not be installed at a height greater than 20 feet.

6. Pedestrian scale lighting. Pedestrian scale lighting (eight to 12 feet high) should be installed in areas where foot traffic is prevalent.

7. Sign lighting. Sign lighting shall be compliant with Development Code Chapter 18.54 (Signs). Where internal lighting is allowed, low wattage with soft glow shall be used to ensure that no light trespass beyond the sign face is created. All downshielded sign lights shall be designed to be consistent with the requirements of this Section.

• I. Special Uses.

  1. Recreational facilities. When the proposed lumens per acre exceed the lumens per net acre limits, the installation shall be designed to achieve no greater than the minimum illumination levels for the activity as recommended by the Illuminating Engineering Society (IES).

  - a. Such lighting shall not include any light trespass as determined by the Director. 
  
  - b. The maximum height of lighting fixtures for recreation facilities shall be the minimum required to follow the illuminance and uniformity guidelines of the IES according to the appropriate class of play . 
  

  2. Outdoor display lots. Light for outdoor display lots shall conform to the lumens per net acre limits except when the proposed lumens exceed the per acre limits, the installation shall be designed to achieve no greater than the minimum illumination levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

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  - a. Such lighting shall not include any light trespass as determined by the Director. 

3. Service Station Canopies. All lights shall be flush with the lower surface of canopies and utilize flat glass or plastic covers.

• a. Total under canopy output. The total light output used for illuminating service station canopies shall not exceed 40 lumens per square foot of canopy. All lighting mounted under the canopy, except internally illuminated signs, shall be included in the total. Fifty percent of the total lumen output of all lamps mounted within or under a canopy shall be included in the lumen per acre cap.

• J. Other lighting on parcels with special uses. All site lighting not directly associated with the special uses as permitted shall conform to all lighting standards described in this Section.

  1. Sensor activated luminaries, provided:

  - a. They are located in such a manner as to prevent glare and light trespass onto adjacent properties or into a public right-of-way; 
  
  - b. The luminaries are set to only go on when activated and to go off within five minutes after activation has ceased; and 
  
  - c. The luminaire shall not be triggered by activity off the subject property.
  

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 on developed parcels within the residential zoning districts are exempt, provided that they comply with the height limits in following Subsection C.

  2. 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 limit, 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.

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C. Fence , height limitations.

1. 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

Notes: (continued on next page)

• (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 three 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 outside the 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 front 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 with Minor Use Permit, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits). Also see Section 18.58.220.I.

  • (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 traffic 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 determines 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.

2. 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.

3. Retaining walls shall be subject to the height and setback limits established by Section 18.30.120.F.6 (Setback Requirements - Retaining Walls). The maximum allowed height of a retaining wall is six feet unless additional height is approved through a Variance in compliance with Development Code Chapter 18.82 (Variances and Historic Variances), or unless the Town Engineer determines that the construction of a new driveway will require an increase in retaining wall height in compliance with Development Code Section 18.30.120.F.6. The maximum height shall include the combined height of terraced retaining walls. In order to qualify for a retaining wall height in excess of six

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feet, the proposed project must comply with all the requirements of Chapter 18.36 (Hillside Development Standards).

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 cross-view;

   • 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.

• D. Allowed materials. For projects requesting Streamlined Residential Review (Chapter 18.79), all fences shall be two-sided and made of wood or a dark wrought iron. No spikes or ornamental features shall be used. Only orthogonal designs shall be allowed.

• E. 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 finding 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.

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==> picture [594 x 314] intentionally omitted <==

FIGURE 3-1

FENCE AND WALL STANDARDS

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• A. 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.) and required grading or building permit authorizing development on the subject parcel, except for the following:

  1. Vegetation and tree removal on an existing developed single-family residential subdivision lots. This exemption also applies to accessory dwelling units on existing developed single-family residential subdivision lots. Tree removal associated with an approved building permit for a single-family residence , accessory dwelling unit is also exempt. This exemption does not apply to vacant single-family residential subdivision lots;

  2. 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. Documentation from a registered forester or other similar licensed professional shall be provided to Planning Division staff for review prior to any tree removal;

  3. Removal of vegetation to comply with the fuel clearance regulations of the Truckee Fire Protection District. Documentation from a registered forester or other similar licensed professional shall be provided to Planning Division staff for review prior to any tree removal; and

  4. Removal of vegetation to comply with the active defensible space program of a subdivision homeowner’s association. Documentation from a registered forester or other similar licensed professional shall be provided to Planning Division staff for review prior to any tree removal.

• B. 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. Performance guarantee requirements. For Development Permit or Use Permit approvals involving grading, the Community Development Director shall make one of the following findings prior to issuance of grading or building permits for the project:

  1. 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.

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• D. Maximum site disturbance for single-family residential uses. For parcels that are 1.5 acres or greater but less than five acres with or proposed to be developed with single-family residential dwellings, the maximum allowed site disturbance shall be 40% or 1.5 acres, whichever is greater. For parcels that are five acres or greater, with or proposed to be developed with single-family residential dwellings, the maximum allowed site disturbance shall be 30%. For purposes of this standard, disturbance for septic systems shall be exempt from the site disturbance calculation if the area is revegetated with unirrigated septic-appropriate native landscaping. No maximum site disturbance standard is required for single-family residential uses on parcels smaller than 1.5 acres; development standards related to site coverage, setbacks, snow storage areas, etc. apply. Projects that comply with this requirement but may exceed the 26,000 s.f. of site disturbance are exempt from the Development Permit process (Chapter 18.74) for the purposes of site disturbance. The project shall be subject to Chapter 18.72 (Zoning Clearance) and any other applicable land use entitlement processes.

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).

• A. 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).

• B. Height measurement. The height limit for buildings and structures established by Article II or other provisions of this code shall be measured as the difference between the point of lowest natural grade along an exterior wall of the building or building segment pursuant to Section 18.30.090.C, and the elevation of the highest point of the building. Where cantilevered or otherwise supported floor area (e.g., living area, garage, storage) is proposed or exists, an imaginary vertical line shall extend down to natural grade and shall be considered an exterior wall for purposes of determining the lowest natural grade along an exterior wall.

==> picture [419 x 213] intentionally omitted <==

FIGURE 3-2 HEIGHT MEASUREMENT

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• C. Maximum Height for Single-Family Residential Dwellings on Slopes. For a single-family residential building located on a sloping site with a percent cross slope retained across the building site of 10% or greater, the following applies:

  1. For purposes of measuring height, the building may be divided into up to three distinct, attached segments (e.g., steps or terraces), equidistant in width, perpendicular to the elevation facing the front property line;

  2. Each segment of the building shall comply with the base maximum height permitted by Section 18.30.090.B, except that the building segment closest to the street providing primary access to the building shall not exceed 28 feet in height.

  3. The total maximum height of the building as measured from the lowest point of the structure to the highest point on the structure shall not exceed 150% of the average maximum height of each of the building segments.

==> picture [425 x 298] intentionally omitted <==

FIGURE 3-3

HEIGHT MEASUREMENT FOR SINGLE-FAMILY DWELLINGS ON SLOPES

• D. Exceptions to height limits. The height limits of this Development Code may be exceeded as follows:

  1. Chimneys and other rooftop appurtenances. Chimneys, flues, vents, antennas, and similar mechanical appurtenances may be erected to a height ten percent greater than the otherwise permissible maximum height of a building or five feet, whichever is less.

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2. Telecommunication facilities. 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 18.58.270 (Wireless Communications Facilities).

• A. 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.

• B. 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:

  1. 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 property, or which items are readily accessible from these places, or which are stored on private property in violation of any law.

  2. Dangerous conditions. Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by the Director.

  3. 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.

  4. 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.

  5. 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, 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.

  6. 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

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of residential properties which are visible from a public right-of-way or surrounding properties, excluding emergency repairs or minor maintenance being performed by the owner of the fixture or vehicle and completed within one week of commencement.

7. Vehicles as temporary or permanent living space on a parcel with an established land use. 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 per calendar year.

8. 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.

9. Graffiti. The presence of graffiti, as defined in Chapter 18.220 (Definitions, Glossary).

10. Maintenance. Property failing to meet minimum levels of maintenance and care as follows:

• a. Walls, fences, other structures. All walls, fences, trash enclosures and other structures shall be maintained free of significant surface cracks, dry rot, missing panels or blocks, and warping, which threaten structural integrity;

• b. Structure elevations and roofs. Exterior structure surfaces and roofs shall be maintained free of leaks, significant surface cracks or warping, dry rot, missing blocks or other materials, which threaten structural integrity; and

• c. 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.

All development and proposed land uses that are planned with public improvements, except singlefamily dwellings and accessory dwelling units, shall comply with the public improvement maintenance requirements of this Section.

• A. Responsibility of property owner. The property owner shall be required to operate, repair, maintain and replace when necessary all existing and future street improvements located between the curb (gutter) and the property line and in public easements within the property, including sidewalks, landscaping, street furniture, public art, street light fixtures and similar improvements. The property owner shall also be required to remove snow from all parking lanes, parking spaces, sidewalks and trails located between the street travel lane and the property line and in public easements within the property.

• B. Agreements. The property owner shall sign and execute a street (trail) improvement maintenance and liability agreement prepared and executed in accordance with the requirements of the Town Engineer. The agreement shall include, but not be limited to, the following:

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1. The agreement shall include a level or standard of repair and maintenance that the property owner will be required to perform including inspection, repair, maintenance, snow removal and replacement responsibilities.

2. The agreement shall include a minimum schedule of maintenance that the property owner will be required to inspect, repair and maintain the improvements.

3. The agreement shall include a minimum schedule of snow removal that the property owner will be required to remove snow from the parking lane, parking spaces, sidewalks, and trails. The agreement shall include provisions for the storage of snow including locations for snow storage and legal rights to store snow in those locations.

4. The agreement shall indemnify and hold the Town harmless in regards to the requirements of this agreement and address other liability issues identified by the Town Attorney.

5. The agreement shall be prepared and executed in a manner acceptable for recordation in the Nevada County Recorder’s Office.

6. Upon the draft agreement being approved by the Town Engineer and prior to issuance of a temporary or final certificate of occupancy (or recordation of the Final Map), the property owner shall sign and execute the agreement (notarized signature required) and submit the agreement to the Town Clerk for recordation in the Nevada County Recorder’s Office.

All multifamily and non-residential land uses shall comply with the screening and buffer requirements of this Section.

• A. Screening and buffer between non-residential or mixed use and residential land uses. Where a non-residential development, mixed use development, or new land use is proposed on a parcel in the CG, CS, CH, CMU 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:

  1. 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).

  3. 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

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unnecessary or the alternative will achieve the same effect of the required screening and buffer.

• B. Screening and buffer between neighborhood commercial or neighborhood mixed use and residential land uses. Where a non-residential development, mixed use development, or new land use is proposed on a parcel in the CN or NMU 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:

  1. 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.

  2. 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. Pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the Director.

  3. 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.

• a. 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.

  - b. 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. 
  

  4. 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.

• C. Screening and buffer between multifamily and single-family residential uses. Wherever a multifamily 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.

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• D. Equipment. Any equipment in multifamily 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.

  2. 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.

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 around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

• A. 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-ofway. 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 corner lots and within front yards in compliance with Section 18.30.070;

  2. 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.

1. The Director may approve a side yard setback reduction up to 20 percent of the minimum required setback for permitted uses and structures on residential lots in compliance with Development Code Section 18.75 (Minor Modifications).

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2. 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 traffic safety 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.

  1. 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.

• a. Corner parcels. The measurement shall be taken from the nearest line of the structure to the nearest point of the property line adjoining the street which has the narrowest parcel frontage. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established line(s); and

  - b. **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. 
  

  2. 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.

  3. Street-side setbacks. The setback on the street-side of a corner parcel shall be measured from the nearest point of the property line adjoining the street to the nearest line of the structure. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established lines.

  4. 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. On a through lot, both lot lines are front lot lines, and the lot is considered to have no rear lot line; or 
  
  - b. Where the side lot lines converge to a point and the angle of convergence is 90 degrees or less (acute), 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. Where the side lot lines converge to a point and the angle of convergence is greater than 90 degrees (obtuse), the side property lines that converge to this point are both considered the rear property line for the purpose of determining the depth of the required rear yard. See Figure 3-6.
  

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==> picture [234 x 205] intentionally omitted <==

FIGURE 3-4 LOCATION AND MEASUREMENT OF SETBACKS

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FIGURE 3-5 FLAG LOT SETBACKS

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----- Start of picture text -----
Acute angle
Setback
Obtuse angle
----- End of picture text -----

FIGURE 3-6 REAR SETBACK MEASUREMENT ON TRIANGULAR AND IRREGULAR LOTS

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FIGURE 3-7 EXAMPLES OF ALLOWED PROJECTIONS INTO SETBACKS

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• E. Allowed projections into setbacks. Attached architectural features may extend beyond the wall of the structure and into the front, side, street-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

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 DRL 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 DRL, 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.

• (6) For steep lots that qualify for a 50 percent reduction of the front yard setback in accordance with Section 18.30.120.F.7.a, a six-foot encroachment into the reduced 10-foot setback will be permitted for an uncovered stairway necessary to provide access to the residence, including railings that do not exceed current Building Code height requirements. This reduction shall not apply to covered stairs or walkways which may only project into the front yard setback up to the front of the garage or residence. Additionally, this reduction shall not apply to areas within recorded easements or where special setbacks are recorded on the subdivision map.

F. Setback requirements for specific structures and situations.

1. Dwelling groups. An inner court providing access to a multifamily 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).

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3. Garages.

• a. Except on flag-shaped lots, a garage for a single-family residence, including detached and attached accessory dwelling 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 adjoining a 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 10 feet from the edge of the pavement of the adjoining street.

• b. The garage shall not be located within a traffic safety visibility area.

• c. 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 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.

• f. 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 in compliance with the minimum setback for a garage in Section 18.30.120.F.3.a. Uncovered decks with railings four feet or less in height may be allowed on the top of the garage.

• g. A cornice, eave or roof overhang for a garage may extend up to a maximum of 36 inches into the 20-foot from edge of pavement setback required by Section 18.30.120.F.3.a, but shall be located at least 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.

• b. 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.

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5. 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).

TABLE 3-3 REQUIRED SETBACKS - RESIDENTIAL ACCESSORY USES AND STRUCTURES

Notes:

• (1) 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.

• (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.

• (3) Chapter 18.220 (Definitions, Glossary) for the definition of interior setback.

• (4) Propane tanks must comply with the side, rear and interior setback requirements of the Town Building Code and the Truckee Fire Protection District. Underground propane tanks are prohibited.

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6. 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

  • b. 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 and shall comply with the requirements of Section 18.30.070.C.3.

  • c. 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 area or interfere with street snow removal operations. Driveway retaining walls taller than six feet in height may be approved by the Town Engineer if the following criteria are met:

    • (1) The driveway retaining wall shall be constructed of dry stack stone, board formed concrete or similar design; and

    • (2) The Town Engineer has determined that the additional height is necessary for the construction of the driveway or driveway structure.

Driveway retaining walls in excess of six feet in height that meet the above criteria may be exempt from the Variance requirements of Section 18.30.070.C.3 upon review by the Planning Division and approval by the Town Engineer. Driveway retaining walls that do not meet the exemption criteria shall be subject to the Variance requirements.

==> picture [296 x 215] intentionally omitted <==

FIGURE 3-8 RETAINING WALLS IN SETBACK

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• d. For minimum setback requirements from property lines for retaining walls and cut/fill slopes, refer to the Public Engineering and Improvement Standards.

7. Single-family dwellings. Single-family dwellings may extend into required setbacks as follows:

• a. 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 yard setback for a single-family dwelling may be reduced up to 50 percent of that required for other parcels in the same zoning district, provided that the rear setback is increased by the amount of the requested reduction. For example, where a single-family residential parcel has a 20-foot standard front yard setback and is requesting a reduction of a front-yard setback to 12 feet (eight-foot reduction), the rear yard setback would be increased from the standard 20-foot rear yard setback to a 28-foot rear yard setback (addition of the eight-foot reduction to the rear setback).

the amount of the requested reduction. For example, where a single-family residential parcel has a 20-foot standard front yard setback and is requesting a reduction of a front-yard setback to 12 feet (eight-foot reduction), the rear yard setback would be increased from the standard 20-foot rear yard setback to a 28-foot rear yard setback (addition of the eight-foot reduction to the rear setback).

For single-family residential dwellings on through lots that have two front yard setbacks, only one front yard setback may be reduced up to 50 percent of that required for other parcels in the same zoning district provided that the other (opposite) front yard setback is increased by the amount of the requested reduction. For through lots, only one front yard setback may be granted this reduction. On through lots with garages in the front setback, the reduction may only be granted to the front setback where the garage is located, if applicable.

The reduced front yard setback applies to all structures including the main structure, decks, eaves, etc. If the reduced front yard setback is used, the allowed projections of Table 3-2 (Allowed Projections into Setbacks) do not apply. Living area must be located at least 20 feet from the edge of pavement. Living space is permitted below a garage within the front yard setback in compliance with Section 18.30.120.F.3.f.

• b. Side setbacks. A single-family dwelling and related accessory structures may extend up to two feet into a required side yard 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 a non-shedding roof material and/or snow retention mechanism for the life of the structure; and

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     - (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. 

  - **c. Side setbacks for legal, nonconforming single-family structures.** An addition or modification to an existing legal non-conforming 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 side yard setback for the addition or modification is equal to or greater than the side yard setback for the existing legal, non-conforming dwelling;

• (2) The lineal feet of the addition or modification within the side yard setback does not exceed the lineal feet of the existing dwelling within the side yard setback;

     - (3) The addition is only one-story or 12 feet, whichever is less, in the side yard setback (i.e., an existing legal, nonconforming one-story or two-story structure in the side yard setback may only be added onto up to another story in the side yard setback; if the building is being extended on the ground floor, then the addition shall only be a one-story addition in the side yard setback); 
  
     - (4) The wall of the structure is located no closer than 15 feet to the wall of any structure on an adjoining parcel; 
  
     - (5) 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 a non-shedding roof material and/or snow retention mechanism for the life of the structure. 
  
     - (6) 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. 
  

  8. 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 necessary 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.

• G. 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.

All development and proposed land uses that are planned with off-street parking and circulation areas shall be designed and constructed to provide snow storage areas in compliance with the minimum standards of this Section.

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• 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. At least half of the required snow storage area must be provided onsite. Up to half of the required onsite snow storage may be located within a snow storage easement intended for the purpose of storing snow from a street.

  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. At least half of the required snow storage area must be provided onsite. Up to half of the required onsite snow storage may be located within a snow storage easement intended for the purpose of storing snow from a street.

  3. Residential projects shall either: 1) demonstrate that the required amount of on-site snow storage area can be fully accommodated on each residential parcel; or 2) request approval of a snow maintenance plan for the overall project, identifying common snow storage areas that are sized to accommodate the required snow storage from all parcels within the project, documentation from the common area governing body giving rights to each property owner to dispose of onsite snow into the common area (e.g., roadway), and a snow removal and storage plan for the overall project.

  4. 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. The ramped area shall be identified on the plans and shall either be located in a flat area on the site or located to slope away from adjacent properties. The minimum dimension of the ramped area shall be 20 feet by 50 feet. A credit for up to twice the amount of the required snow storage area may be approved for a ramped area. The size and location of the ramped area shall be approved by the Town Engineer;

area shall be identified on the plans and shall either be located in a flat area on the site or located to slope away from adjacent properties. The minimum dimension of the ramped area shall be 20 feet by 50 feet. A credit for up to twice the amount of the required snow storage area may be approved for a ramped area. The size and location of the ramped area shall be approved by the Town Engineer;

  - (b) A long-term snow hauling plan (for up to 50 percent of the required snow storage) is adopted as part of the land use permit and the snow hauling plan demonstrates the property owner and/or snow removal contractor has sufficient rights to an off-site storage area(s) to store the remainder of the required snow storage from the property with an acceptable method to transport the snow from the property to the off-site storage area(s). As part of a snow hauling plan, temporary storage area(s) must be identified on the site. Temporary storage areas may be located in required parking spaces for the project for up to 48 hours. Annual monitoring of the snow hauling plan may be required at the discretion of the Town; or 

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  - (c) An acceptable method to remove and store snow on 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 contiguous with paved surfaces and be a maximum of 50 feet from the paved surface. If ramping areas are proposed and site characteristics allow, the Town Engineer may allow for ramping areas to be larger than 50 feet from the paved surface. Paved extensions of parking areas/drive aisles may be utilized for access into snow storage areas to provide maneuverability and optimized use of snow storage areas;

  3. Shall be located to maximize solar exposure to the greatest extent feasible. Areas shaded by structures or vegetation shall be avoided;

  4. Shall be located so that snow moving equipment is not required to enter the public streets to move snow to the storage area;

  5. Shall be located in areas that are substantially free and clear of obstructions (e.g. propane tanks, trees, large boulders, trash enclosures, utility pedestals);

  6. May be located within parking areas but such areas may not be counted towards meeting parking requirements for the use;

  7. May not be located within snow storage easements that are dedicated for the storage of snow from streets and/or common area snow storage within a project or subdivision;

  8. May be located within required landscaping areas that are substantially free and clear of trees but the areas shall be planted with groundcover and shrub landscaping tolerant of snow storage or be native vegetation; and

  9. May not be located within or above stormwater treatment facilities unless approved by the Town Engineer.

For those areas of the project site that are not approved for snow storage (e.g., drainage detention basins, landscaping areas with trees) but are accessible to and inviting for the storage of snow, the development shall include physical features to prevent access to these areas by snow removal equipment. Such features may include, but not be limited to, split-rail wood fences, solid wood fences and trash enclosures. Landscaping is not an appropriate method to prevent access. The Town Engineer may require additional restrictions against blowing snow into non-approved snow storage areas, as determined necessary for water quality protection.

• D. Minimum dimensions. The minimum dimension of a snow storage area shall be 10 feet in any direction.

• E. 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

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from snow storage areas shall be directed towards on-site drainage retention/treatment facilities.

Passive heating and cooling opportunities should be incorporated into single-family residential subdivisions and multifamily residential, commercial, industrial, public and institutional projects as provided by this Section.

• A. Subdivisions. Subdivisions which require a Tentative and Final Map shall comply with Section 18.92.040 (Energy Conservation and Solar Access). The design of a subdivision shall provide, to the extent feasible, for passive or natural heating or cooling opportunities.

• B. Solar evaluation. An evaluation of solar opportunities shall be required during review of all discretionary development projects. In preparing the solar evaluation, the applicant shall identify the opportunities for solar access within the proposed project. The solar evaluation shall also be used to determine any solar access impacts on adjacent properties following construction of the proposed development.

  • a. The solar evaluation shall be required at time of submittal of any discretionary land use application. The evaluation shall include a solar access shadow plan which depicts the amount of shade within the proposed development and on adjacent properties on the shortest day of the year, December 21[st] at noon.

  • b. A written narrative shall accompany the solar evaluation, identifying solar opportunities for the development, as well as potential impacts to adjacent properties. Solar access opportunities include, but are not limited to identification of building orientation for maximum solar gain, appropriate landscaping, lot size and shape, building height, roof eave design, solar protection and street layout. To the extent feasible, the applicant shall incorporate these solar opportunities into the project’s final design.

• C. Orientation of structures. Future structures should be oriented to maximize solar access opportunities.

• D. Pools and spas. A pool or spa facility owned and maintained by a homeowner's association or multifamily rental complex shall be equipped with a solar cover (i.e. an insulative thermal barrier designed to prevent heat loss and help facilitate solar gain). Solar water heating systems are encouraged.

• E. Collector installation. Solar collectors, if provided, shall be located and installed in the following manner:

  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;

  3. 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

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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;

4. 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

   5. 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.

• E. 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.

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). All developments must comply with Solid Waste and Recycling requirements found in the Town of Truckee Municipal Code Chapter 6.

• A. Size Requirements. The dimensions listed in Table 3-4 represent the uninterrupted space requirements for material storage containers. Any additional bollards, posts, hinges or other building-related items must make way for these dimensions and are not included in the sizing requirements listed.

TABLE 3-4 STORAGE AREA REQUIREMENTS

1. Required storage for multifamily projects. Multifamily residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas as follows:

• a. 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

• b. Common storage area requirements. Common solid waste and recyclable material storage containers shall be at least one third of a cubic yard of container capacity per unit (assuming average 2-3 people/unit and once-a-week collection). This is the sum of volumes of mixed waste and recycling, with proportions of 60% for mixed waste

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and 40% for recycling. Storage containers may be located indoors or outdoors as long as they are readily accessible to all residents. These minimum requirements may be reduced by the Community Development Director upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses.

  - **c. Alternative storage area requirements.** Subject to approval from the Community Development Director, if the above-referenced common storage area requirements are determined to be infeasible (i.e., insufficient space exists onsite to meet the minimum storage requirements), individual unit mixed waste compactors may be installed to reduce common storage area needs. Separate non-compacted individual unit recycling storage is also required. 

2. Required storage area for non-residential structures and uses. Waste capacity is dependent on the type of occupant. Storage areas will be approved on a case-by-case basis in consultation with the Town’s Solid Waste Division and local solid waste service provider.

• B. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

  1. Solid waste and recyclable material storage shall be adjacent/combined with one another. They may only be located inside a specially-designated structure, or 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 be located in a required front yard or street-side setback, parking, landscaped or open space areas, or any area(s) required by the Municipal Code to be maintained as unencumbered . If site limitations make adjacent mixed solid waste and recycling container storage infeasible, containers may be stored in separate locations with approval by the Community Development Director as long as recycling containers are as conveniently located as trash containers;

  2. The storage area(s) shall be accessible to residents and employees. Storage areas shall be located within 250 feet of an access doorway to the commercial and residential units which they are intended to serve;

  3. 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; and

  4. Alternate storage locations may be approved by the Community Development Director. A shared offsite storage area to serve more than one parcel may be approved if a deed restriction is recorded on the properties to ensure the future availability of the storage area to the parcels it is designed to serve.

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• C. 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. Be in compliance with the waste hauler requirements in terms of door security, reverse distance, turning radius, and roof clearance;

  4. 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;

  5. Protect the areas and the individual bins or containers provided within from wildlife and from adverse environmental conditions which might render the collected materials unmarketable;

  6. 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;

7. Screen all carts and other storage containers (grease containers, compost containers, etc.) for commercial and multifamily uses. Screening may be accomplished by buildings, architectural features, decks, or fencing; and

   8. Bear sheds shall meet requirements in the Municipal Code Chapter 6.

• D. Cardboard collection. For projects with restaurant, grocery store, multifamily developments with 30 or more units, and other uses determined by the Community Development Director to generate substantial amounts of cardboard, the review authority may require on-site cardboard collection. The location, minimum storage area, etc. shall be reviewed and approved by the Community Development Director. Projects located in the Downtown Truckee Plan Area without sufficient on-site space may be determined to be exempt from this requirement by the review authority.

• F. Compactor access. Additional space requirements are needed for projects installing a waste compactor. Consultation with the waste service provider is required.

• A. Cargo containers. A cargo container is a metal or similar rectangular shipping container that is otherwise carried on rail cars, truck beds and/or cargo ships, and is used as a temporary storage container consistent with Chapter 18.80 (Temporary Use Permits). Unless otherwise allowed consistent with Section 18.58.200 (Outdoor Storage and Work Areas), the use of cargo containers shall be prohibited.

  1. Exceptions.

  - **a.** A maximum of one cargo container is permitted outside of garage, residential accessory structure or agricultural accessory structure on parcels of five acres or
  

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larger in the RR (Rural Residential) zoning district, providing the container meets the required setbacks.

• b. Cargo containers may be allowed by the review authority in the PF (Public Facility) zoning district if the review authority finds that the container(s) will not be visible from a public street or public area; are painted, clad or screened to match or blend with the surrounding environment; and are not located in required parking or landscaping areas.

The General Plan recognizes the importance of trees to the character and beauty of Truckee, as well as the role that trees have in advancing the public health, safety and welfare of its residents. The tree preservation standards of this chapter are intended to assist property owners and project designers in understanding the Town’s goals for attaining high quality development that is sensitive to tree preservation. The standards will be used during the review of land use permit applications and for existing developed non-residential parcels where previously unpermitted tree removal is proposed.

• A. Purpose.

  1. The Town recognizes that trees can provide soil stability, noise buffering and wind protection benefits. The Town greatly values trees for their ecological importance, temperature mitigation, enhancement of wildlife habitat and aesthetics; and

  2. The Town recognizes the special significance of distinctive trees, and values the contribution which such trees make to the beauty and quality of life in Truckee; and

  3. The Town recognizes that because of the known benefits of trees, future developments should consider the retention of trees to the maximum extent possible; and

  4. The Town recognizes that during review of development projects, there may be circumstances where a balancing of Town policies and development standards may be appropriate. While the retention of trees is a Town priority, this objective may need to be offset with other Town objectives such as hillside preservation, open space preservation and clustering.

• B. Definitions. The following are definitions of special terms and phrases used in this used in this chapter:

“Arborist” means a person who has met the criteria for certification from the International Society of Arboriculture, American Society of Consulting Arborists or Tree Care Industry Association, and maintains his or her accreditation.

“Caliper inch” refers to a manner of expressing the diameter inches of a tree as calculated by measuring the tree’s circumference and dividing by Pi (approximately 3.14159). Specially calibrated “diameter tapes” or calipers” are used to determine caliper inches.

“Dead tree” means a tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season.

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“Diameter at breast height or DBH” means the diameter of the trunk, measured 54 inches above mean ground level at the base of the trunk.

“Distinctive tree” means a tree having a trunk of twenty-four caliper inches or larger in diameter at breast height (DBH).

“Dripline” means an imaginary vertical line extending downward from the outermost tips of a tree’s branches to the ground.

“Public lands” means lands which are owned by a local public agency, the State or the federal government.

“Registered Professional Forester” means a person who is registered through the Office of Professional Foresters Registration and who maintains his or her accreditation.

“Removal” means to cut down a tree, or remove fifty percent or more of the crown, trunk or root system of a tree; or to damage a tree so as to cause the tree to decline and/or die. Removal includes, but is not limited to, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. Removal does not include normal trimming or pruning of trees when conducted in accordance with the standards established by the International Society of Arboriculture or the ANSI A300 American National Standards for Tree Care Operations.

“Tree” means any woody plant having a trunk six caliper inches or larger in diameter at breast height (DBH). If a tree splits into multiple trunks above ground, but below 54 inches, the trunk is measured at its narrowest point beneath the split, and is considered one tree if greater than six inches in DBH.

• C. Exempt tree removal activities. The following activities are exempt from the requirement for a tree removal permit (e.g. Zoning Clearance, Use Permit, etc.):

  1. Tree removal which is allowed pursuant to Section 18.30.080.A (Grading and Vegetation Removal), including the following:

     • a. Cases where a homeowners association implements an established tree removal permit process and has approved a tree removal permit for a vacant single-family residential lot.

  2. Removal of dead trees or tree removal caused by natural weather conditions. In cases where a dead tree is providing wildlife habitat, a property owner may wish to consider retaining the tree if it can be determined that it does not present a hazard to the public’s health, safety and welfare.

  3. Those activities associated with tree pruning or removal for safety reasons, as mandated by the California Public Utilities Commission, General Order Rule 35, the Public Resource Code 4293 or the Town Engineer.

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4. Removal of trees within public rights-of-way or easements by the Town or public or private utilities as necessary to perform maintenance, repairs, modifications and/or construct infrastructure, as well as to protect public health and safety.

5. Tree removal for public pedestrian and bicycle trails and pathways.

• D. Approval and permit required. Tree removal not otherwise exempted herein shall be prohibited without Zoning Clearance approval. Projects approved prior to the adoption of this ordinance shall obtain Zoning Clearance approval for any building additions, site modifications or change is use that would necessitate additional tree removal not covered as part of the approved land use.

1. Zoning Clearance for tree removal activities. A Zoning Clearance is required for removal of trees greater than 24 inches diameter at breast height (DBH) unless exempt pursuant to Section 18.30.155.C or unless approved as part of a land use application.

2. Public Notice for Zoning Clearance. Notice of the proposed tree removal shall be provided in accordance with Section 18.72.030.B.2 (Zoning Clearance).

3. Responsible Party. It shall be the responsibility of all licensed tree cutters or any other person who is removing the tree to have a copy of the Zoning Clearance and any other required state licenses in his or her possession and available for inspection upon request.

3. Plans required. The Zoning Clearance application for tree removal shall contain the following:

  - a. The number, size, species and location of the trees proposed to be removed on a site plan of the property; 

  - b. The anticipated date of removal; 

  - c. A statement of the reason for removal; 

  - d. Information concerning proposed landscaping or planting of new trees to replace the trees to be removed; 

  - e. Any other information reasonably required by the Town, up to and including a report from a certified arborist or Registered Professional Forester supporting the reason for removal. 

• E. Findings. The Town may issue a Zoning Clearance for tree removal if one of the following findings can be made:

  1. Tree removal in proposed to achieve compliance with other applicable Town requirements and standards.

  2. Tree removal will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, tree densities, canopies or species diversity. The Town shall grant an exception to this criterion when alternatives to the tree removal

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have been considered and no reasonable alternative exists to allow the property to be used as permitted by the Development Code.

3. If the removal of trees is deemed to have a significant impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, canopies or species diversity, the property owner shall be allowed to provide mitigation consistent with Section 18.30.155.F such that the impacts are not significant following implementation of the mitigation.

• F. Mitigation. A property owner may be required to provide mitigation for any tree approved for removal. The mitigation requirement shall be satisfied by one or more of the following:

  • a. Replanting on-site. The property owner shall plant either a minimum one and one half inch caliper healthy and well-branched deciduous tree or a five to six foot tall evergreen tree for each tree removed. The replanted tree shall be a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. The tree shall be planted and maintained in accordance with Section 18.40.050 (Landscape Standards).

ll plant either a minimum one and one half inch caliper healthy and well-branched deciduous tree or a five to six foot tall evergreen tree for each tree removed. The replanted tree shall be a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. The tree shall be planted and maintained in accordance with Section 18.40.050 (Landscape Standards).

• b. Replanting off-site. If in the Town’s determination there is insufficient available space on the property, the replanting required in Subsection 1 of this section shall occur on other property owned or controlled by the same owner within the town, in an open space area that is part of the same subdivision, or in a publicly-owned or dedicated open space or park. Such mitigation planting is subject to property owner approval. If planting on publicly-owned or dedicated property, the public owner may specify the species and size of the tree(s). Nothing in this section shall be construed as an obligation of the Town to allow trees to be planted on publicly owned or dedicated property.

• c. Unpermitted removal of trees. Any trees determined to have been accidently or purposely removed shall be required to be replaced at a 2:1 ratio (two new 15-gallon trees for each tree removed), or at an equivalent ratio to be approved by the Community Development Director.

• G. Tree Preservation. Site design should maximize opportunities to retain trees to the maximum extent feasible.

  • a. Existing Trees. Existing trees, especially distinctive trees of 24-inch DBH or greater, shall be preserved unless retention of the tree(s) would unreasonably compromise the owner’s development of the land under current zoning and development regulations.

  • b. In cases where it can be shown that retention of the tree(s) would unreasonably compromise the owner’s development of land, tree removal shall be limited to areas of disturbance and grading necessary for the development. The review authority may require that grading plans be prepared to determine whether grade modifications can be made to save existing trees or substantial portions of the forest.

  • c. In cases where the review authority finds that tree preservation may conflict with implementation of other Town policies and development standards (i.e. open space, clustering, hillside preservation, etc.) the review authority may allow removal of additional trees to balance the objectives identified with other Town policies.

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• d. Interstate 80 Vegetation . Existing vegetation on sites directly adjacent to Interstate 80 shall be preserved to screen existing and new development visible from Interstate 80. If deemed necessary by the review authority, additional landscaping may be required to screen buildings and other facilities.

• H. Tree Protection. Grading, irrigation and paving within the dripline of trees to be retained shall be given special attention. Every reasonable effort shall be made to avoid creating conditions adverse to a tree’s health.

  1. Fencing at the dripline or at the limits of grading should they be located within the dripline shall be installed prior to the start of any grading or construction activity. This requirement shall be noted on all relevant construction and grading plans. If the dripline fencing is determined to unreasonably obstruct construction access or operations, the review authority may allow modifications to this requirement, including temporary construction paving within a tree’s dripline.

  2. The natural ground within the driplines of protected trees shall remain as undisturbed as possible.

  - a. No grade cuts whatsoever shall occur within six feet of the trunk of a tree to be retained and no grade cuts shall occur within the dripline of such tree, except that when recommended by a certified arborist or Registered Professional Forester, grade cuts not to exceed a maximum of one foot in depth may be permitted when not closer than six feet of the trunk and not exceeding one-third of the area of the dripline of the tree; provided, however, that higher standards may be applied by the review authority. 
  
  - b. No fill whatsoever shall be placed within six feet of the trunk of a tree to be retained, and no fill shall be placed within the dripline of such tree, except that when recommended by a certified arborist or Registered Professional Forester, up to onethird of the area of the dripline of such tree may be filled not exceeding a maximum depth of one foot, with no fill whatsoever placed within six feet of the trunk; provided, however, that higher standards may be applied by the review authority. 
  
  - c. No mechanical trenching whatsoever shall be allowed within the dripline of a tree to be retained. It if is absolutely necessary to install underground utilities within the dripline of a tree, the trench shall be hand dug in the vicinity of major trees to prevent root cutting and mangling which may be caused by heavy equipment. 
  
  - d. Support roots that are inside the dripline of the tree shall be protected. 
  
  - e. Cross-section drawings of proposed grading may be required where trees are located adjacent to roadways, new slopes or critical areas. 
  
  - f. Drainage changes shall be minimized within driplines of trees to be retained. 
  
  - g. No irrigation system shall be installed within the dripline of a tree which may be detrimental to the preservation of the tree unless specifically authorized by the review authority or the Town Planner.
  

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  - h. Paving within the dripline of a tree to be retained should be stringently minimized, with no paving whatsoever within six feet of the trunk. When paving is absolutely necessary within the dripline, porous material should be used, and not cover more than one-third of the area of the dripline.

3. Tree protection plan. Unless otherwise exempted herein, a tree protection plan is required prior to conducting development activities, including, but not limited to, clearing, grading, excavation or demolition work on a property or site, which requires a Zoning Clearance.

  - a. The tree protection plan shall clearly depict all trees to be preserved and/or removed on the site. The plan must be drawn to scale and include the following: 

     - (1)  Location, species and diameter of each tree on site greater than six inches DBH; 

     - (2) Location of each drip line of each tree; 

     - (3) Location of existing and proposed roads, water, sanitary and storm sewer, irrigation and other utility lines/facilities and easements; 

     - (4) Location of existing and proposed structures; 

     - (5) Grade change or cut and fill during or after construction; 

     - (6) Existing and proposed impervious surfaces; 

     - (7) Identification of a contact person and/or arborist or Registered Professional Forester who will be responsible for implementing and maintaining the tree protection plan; 

     - (8) Location and type of tree protection measures to be installed per Section 18.30.155.H. 

• I. Tree protection measures . Except as otherwise allowed by the review authority, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including, but not limited to, clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation.

  • a. Fencing, a minimum of three feet tall with posts placed no further than 10 feet apart, shall be installed at the edge of the tree dripline (or wider if necessary for distinctive trees) and at the boundary of any open space tracts, riparian areas or conservation easements that abut the parcel being developed.

  • b. The fencing shall be flush with the initial undisturbed grade.

  • c. No construction activity shall occur within the tree driplines, including, but not limited to, dumping or storage of materials such as building supplies, soil, waste items, equipment or parked vehicles.

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• d. The tree driplines shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products and concrete or dry wall excess, construction debris, or run-off.

• e. No excavation, trenching, grading, root pruning or other activity shall occur within the dripline unless approved by the review authority or Town Planner.

• f. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the Town has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the Town.

• J. Submittal of arborist or Registered Professional Forester report. In cases where strict compliance with the required tree protection measures identified in Section 18.30.155.I is not feasible, the Director may allow submittal of a report from a certified arborist or Registered Professional Forester. The report will be used to determine the appropriateness of allowing deviations from the tree protection measures and shall identify potential impacts to trees as a result of any deviations to the standards. The review authority may use this report to approve reduced or alternate tree protection measures.

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.

• A. 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.

• B. 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(ies) 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.

• C. 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

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and method of installation shall be done in accordance with the Public Improvements and Engineering Standards.

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).

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