Chapter 18.36 — HILLSIDE DEVELOPMENT STANDARDS

Sections:

• 18.36.010 - Purpose of Chapter 18.36.020 - Applicability

• 18.36.030 - Application Content

18.36.040 - Standards for Hillside Development 18.36.050 - Design Criteria for Hillside Development 18.36.060 - Criteria for Use Permit Approval

This Chapter establishes regulations for development within hillside areas in order to:

• A. Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the Town;

• B. Ensure that development in the hillside areas is concentrated on the most level portions of the site, is in locations with the least environmental impact, and is designed to fit the existing land forms;

• C. Preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines and rock outcrops;

• D. Correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability and fire hazards; and

• E. Provide alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hillside areas including slopes, land form, vegetation and scenic quality.

• A. Hillside area. The standards of this Chapter apply to all uses, subdivisions and structures proposed on development sites with an average slope of 10 percent or greater or on development sites with any slopes of 20 percent or greater; except that single-family dwellings in existing subdivisions , accessory dwelling units, and residential accessory structures shall be exempt from the provisions of this Chapter. For purposes of this chapter, “existing subdivisions” are subdivisions that were created prior to October 12, 2023.

• B. Basis for slope determinations. For the purpose of this Chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet. See Chapter 18.220 (Definitions, Glossary) for definitions on simple slope and complex slope and how to measure slope. Minor topographic variations, including small, isolated pockets of steeper slopes (300 sq. ft. or less), and manmade features, slopes and fill from previous site disturbance shall not apply toward calculating slopes and shall be exempt from Use Permit requirements.

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• C. Use Permit required. Hillside developments, including roads, streets and driveways, proposed on slopes of 20 percent or greater shall be subject to the approval of a Use Permit in compliance with Chapter 18.76 and in compliance with the criteria set forth in Section 18.36.060. A Use Permit shall not be required for residential Tentative Map applications of four parcels or less if it can be demonstrated with certainty that slopes of 20% or greater will not be disturbed. A soil and geotechnical study that identifies special constraints and mitigation measures to minimize grading, unstable soils and erosion shall accompany the use permit application. The geotechnical study shall also analyze the landslide hazards of the site and their potential effect.

• D. Streamlined Residential Review. For projects requesting Streamlined Residential Review (Chapter 18.79), no development, improvements, or disturbance, including structures, roads, streets, driveway, stormwater treatment features, or snow storage shall be permitted on areas with slopes of 30% or greater.

Land use permit and subdivision applications for projects proposed within hillside areas shall include all information and materials required by Section 18.70.040 (Application Preparation and Filing), and all additional information required by the Director on the basis of site topography.

• A. Minimum lot area. The minimum lot area for new subdivisions in hillside areas shall be determined by the applicable zoning district, except where housing units are clustered and the project is approved as a Planned Development in compliance with Chapter 18.78.

• B. Clustered development required. Proposed hillside development shall be clustered in compliance with Chapter 18.46 (Open Space/Cluster Requirements).

• C. Preservation of steep slopes. Slopes of 30 percent or greater shall be permanently preserved as open space. Permanent open space areas may be used in compliance with Section 18.46.060 (Open Space Standards).

  • a. Grading, structures and/or streets on slopes exceeding 20% but less than 30% shall be avoided if there is sufficient area on the site with slopes less than 20% to accommodate development and streets. For projects requesting Streamlined Residential Review (Chapter 18.79), a geotechnical study will be required to determine the potential for environmental impact.

  • b. For projects not requesting Streamlined Residential Review (Chapter 18.79), the Planning Commission may authorize grading and structures on slopes 30% or greater only if the Commission finds there is not sufficient area on the parcel with slopes less than 30% to accommodate a reasonable development, and measures have been incorporated into the development to minimize disturbance of the terrain (e.g. use of stem walls, split foundations).

  • c. Projects located in the Historic Preservation (-HP) Overlay District on Zoning Map Sheet #25 or in the FAR Incentive Infill Area on Zoning Map Sheet #28 shall be provided

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additional flexibility to construct on slopes exceeding 20% and 30% for the purpose of achieving desired infill only if the review authority determined the development to be appropriate on the site and in keeping with the standards and criteria of this Chapter.

• D. Height limits. The height of structures in a hillside area shall not exceed the maximum established by the applicable zoning district. Measurement of structure height shall be as provided in Section 18.30.090 (Height Measurement and Height Limit Exceptions). Lesser heights may be required where the structure may impair prominent views to or from scenic vistas or prominent slopes, ridgelines, bluff lines or hillsides, as identified in General Plan Community Character Element Figure CC-1 “Scenic Resources.” See Section 18.46.080 (Corridor Standards).

E. Grading and drainage.

1. Grading shall be designed to:

   • a. Conserve natural topographic features and appearances by minimizing the amount of cut and fill and by means of landform grading to blend graded slopes and benches with the natural topography; and

   • b. Retain major natural topographic features (i.e., canyons, knolls, ridgelines and prominent landmarks.)

2. Grading plans shall identify slopes that are to be landform graded. “Landform grading” means a contour grading method that creates artificial slopes with curves and varying slope ratios in the horizontal plane designed to simulate the appearance of the surrounding natural terrain.

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FIGURE 3-10 LANDFORM GRADING

3. Lot pad grading for subdivisions shall be limited to the structure footprint, vehicle parking space and a yard area as shown on the approved grading plan. Lot pad grading shall be reviewed and approved as part of the subdivision process. Pads shall not exceed 5,000 square feet in total area. Smaller pad areas may be required.

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4. Cut and fill slopes shall be designed and constructed to not exceed a vertical height of 10 feet, unless the review authority approves slopes of greater height with benching, terracing and/or the use of retaining walls.

5. All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Town Engineer. Permanent erosion control measures in accordance with Best Management Practices of the "Project Guidelines for Erosion Control for the Truckee River Hydrologic Unit" as adopted by the Lahontan Regional Water Quality Control Board shall be required.

6. Slopes created by grading shall not exceed a ratio of 1:2 (vertical:horizontal), except where the Director determines that a greater slope is appropriate. A soils report, stabilization study, or other technical information may be required.

The following design criteria shall be implemented in the design and construction of projects on hillsides whenever applicable. The criteria may be applied with some flexibility on a case-by-case basis as not all design criteria may be workable or appropriate for each project, depending on sitespecific characteristics. In some circumstances, a criterion may be relaxed in order to accomplish another, more important criterion or community goal. The overall objectives are to ensure that the intent of the criteria is followed and to attain the best possible design in keeping with the purpose of this Chapter as defined in Section 18.36.010.

• A. Preservation of topography. The natural contour of the site is an important characteristic of the site, and new buildings should try to minimize alterations to the perceived slope of the area. Site grading should be sensitive to existing land forms and topography so that the natural setting may be preserved to the greatest extent possible. Every effort should be made to minimize the limits of construction on the site, and all stockpiling of materials and equipment and equipment storage should occur within those limits. Abrupt grade changes on property lines should not be permitted. Grade changes within tree driplines should be avoided.

• B. Terrain alteration. The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns which form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided. Buildings may be terraced up the hillside or built into the upslope in order to minimize the alteration of the landform. Cut and fill type grading is discouraged if its purpose is to revise the topography to create a flat pad.

• C. Street layout. Streets shall follow the natural contours of the terrain in order to minimize the need for grading, preserve natural drainage patterns, and produce roads that are easily negotiated. Cul-de-sacs and loop roads may be permitted to fit the natural topography subject to the approval of the Town Engineer and the Truckee Fire Protection District;

• D. Site and structure design. Site design shall utilize varying structure and setbacks, heights, split-level foundations and retaining walls to terrace structures with the direction of the slope.

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

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2. Within a significant ridgeline area, no primary or accessory building shall be constructed to project above the physical ridgeline as seen from any viewing areas. If a building cannot be sited below a significant ridgeline because the lower elevation is otherwise not suitable for development, the following shall apply:

   • a. The building shall not exceed 25 feet in height at any point as measured from natural grade.

• b. Landscaping shall be provided to screen the building from view to the greatest extent possible.

  3. Building sites shall be located where they will have the least impact on adjacent properties and respect the privacy, natural ventilation and light, and views of neighboring homes. When development is proposed downslope from an existing development, the proposed development shall be at least ten (10) feet lower in height, measured horizontally, than the existing building located upslope.

  4. Site and structure design shall adhere to the dimensional requirements found in Section 18.08.040 (Residential Zoning District General Development Standards).

• E. Lot line locations. Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the up-hill owner (see Figure 3-11);

• F. Design and location of structures. Structures proposed on slopes shall be designed and located as follows.

  1. The form, mass and profile of the individual buildings and architectural features shal be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques which shall be considered include:

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FIGURE 3-11

LOT LINE LOCATION

• a. Split pads, stepped footings and grade separations to permit structure to step up the natural slope.

• b. Detaching parts of a dwelling (e.g., a garage).

• Excessive cantilevers should be avoided on downhill building elevations.

3. Structures should be placed partly underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques.

4. Roofs on lower levels should be used as the deck open space of upper levels.

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5. Architectural treatment shall be provided to all sides of the structure visible.

6. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed.

7. Building materials and color schemes should blend with the natural landscape of earth tones and natural vegetative growth.

8. To the extent possible, the width of a building measured in the direction of the slope, shall be minimized in order to limit the amount of cutting and filling and to better “fit” the house to the natural terrain.

9. Structures should be placed to minimize disturbance of natural vegetation on slopes of 10 percent or greater.

• G. Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls over five feet in height shall be divided into elements and terraces with landscaping to screen them from view. Generally, no retaining wall should be higher than six feet unless the wall is architecturally treated and of an exceptional design, appropriate for the site, would reduce ground disturbance, improve visual quality and/or achieves other Town goals. Where feasible, retaining walls should be constructed of the same materials as the primary buildings on the site. See Figures 3-12 and 3-13.

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FIGURE 3-12 RETAINING WALL MATERIALS

• H. Open space preservation. Open space may be preserved by reducing the width of street improvements, reducing sidewalk widths, using common driveways and clustering units subject to the approval of the Town Engineer and Truckee Fire Protection District.

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FIGURE 3-13 RETAINING WALL DESIGN

• I. Slope restoration. Transitional slopes shall be replanted with self-sufficient trees, shrubs and ground cover that are compatible with existing surrounding vegetation in order to enhance the blending of manufactured and natural slopes. Cuts and fills shall have good surface drainage and shall be revegetated and terraced or controlled by retaining walls to protect against erosion and sedimentation. See Figure 3-14.

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FIGURE 3-14 SLOPE RESTORATION

• J. Reduced street widths. On-street parking lanes may be omitted from streets when the result is a substantial decrease in cutting and/or filling. Off-street parking areas shall be provided to yield a ratio of one additional space per dwelling unit.

• K. Preservation of ridgelines. Prominent ridgelines, as identified in General Plan Community Character Element Figure CC-1 “Scenic Resources,” shall be preserved. Structures located adjacent to prominent ridgelines should complement, rather than provide a stark contrast with, the natural landform(s). Structures shall not be closer to a prominent ridgeline than 100 feet measured horizontally on a topographic map. In no case, shall the roofline or any other portion of a structure extend above the line of sight between a ridgeline and any public right-of-way, whether the ridgeline is above or below the right-of-way. See Figures 3-15 and 3-16. Development is prohibited on top of a ridge.

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FIGURE 3-15 DEVELOPMENT DOES NOT PRESERVE RIDGELINE

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FIGURE 3-16 DEVELOPMENT PRESERVES RIDGELINE

The Commission shall evaluate a Use Permit application for hillside development based on the following objectives and the findings required for Use Permits by Chapter 18.76:

• A. Natural topographic features and appearances are preserved by means of landform grading so as to blend constructed slopes into the natural topography and through restrictions on successive padding and terracing of building sites;

• B. Major natural topographic features as identified in General Plan Community Character Element Figure CC-1 “Scenic Resources,” including prominent slopes, ridgelines, bluffs, drainage courses, intermittent water courses or swales, watershed areas, vernal pools, view corridors and scenic vistas are not altered;

• C. Prominent landmark features - significant rock outcroppings, prominent trees and woodlands, and other areas of special natural beauty are preserved and enhanced;

• D. The use of varying setbacks, building heights, foundation designs and compatible building forms, materials and colors serve to blend buildings into the terrain;

• E. Sites and buildings are clustered on more gently sloping terrain so as to reduce grading alterations on steeper slopes;

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• F. Buildings are designed, located and arranged to avoid a continuous intrusive skyline effect and which afford view privacy and protection;

• G. Vegetation is preserved and planted to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas;

• H. Streets and improvements are designed to minimize grading alterations and harmonize with the natural contours and character of the hillsides;

• I. The project is designed to address safety issues by reducing the risk of injury, loss of life and property damage from earthquakes, landslides and other geologic hazards associated with construction near steep slopes, cliff edges and escarpments.

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