Chapter 18.38 — LAKE AND RIVER/STREAM CORRIDOR DEVELOPMENT

Sections:

18.38.010 - Purpose of Chapter 18.38.020 - Applicability 18.38.030 - Application Content 18.38.040 - River and Stream Development Standards 18.38.050 - Donner Lake Development Standards

This Chapter provides standards for development adjacent to Donner Lake, the Truckee River and other significant streams throughout the Town to:

• A. Provide appropriate buffer areas between proposed development and Donner Lake, the Truckee River and other designated stream corridors to protect valuable environmental, scenic and recreational resources; and

• B. Protect the public health, safety and welfare.

The provisions of this Chapter apply to property adjoining the following waterways:

• A. Donner Lake;

• B. Truckee River;

• C. Alder Creek;

• D. Trout Creek; and

• E. Blue line permanent and seasonal waterways as shown on a 7.5 minute series USGS topographic quadrangle map.

Land use permit and subdivision applications for projects on parcels that include a 100-year flood plain or are located within 100 feet of a 100-year flood plain shall include all information and materials required by Section 18.70.040 (Application Preparation and Filing) and shall show 100year flood plains, floodways and base flood elevations in relation to the parcel. This flood information shall be certified by a registered professional authorized to assess waterways (including lakes, rivers, streams, floodplains, wetlands, etc.) and shall include a hydrology report.

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• A. Setback requirements. Proposed development shall be designed and constructed to provide the following minimum setbacks from adjacent waterways. See Chapter 18.220 (Definitions, Glossary) for definition of the 100-year floodplain referenced in this Chapter.

  1. Truckee River. Proposed structures outside the Downtown Study Area shall be set back a minimum distance of 100 feet from the edge of the 100-year floodplain. Proposed structures within the Downtown Study Area shall be set back the minimum horizontal distance from the edge of the 100-year floodplain which is one foot above the base flood elevation. The setback shall be measured from the natural elevation of the property. The setback line may not be modified by raising the property above the base flood elevation through the use of fill or other similar materials.

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FIGURE 3-17 TRUCKEE RIVER SETBACK REQUIREMENTS

2. Other streams. Proposed structures shall be set back from adjacent streams as follows:

• a. Structures proposed on parcels with an average depth of 175 feet or more shall be set back a minimum of 50 feet from the edge of the 100-year floodplain of any stream;

• b. The required stream setback for structures proposed on parcels with an average depth of less than 175 feet shall be determined by the following formula, except that no setback shall be less than 20 feet:

Required setback in feet = 50 - (175 - parcel depth)

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For example, a structure proposed on a parcel with a depth of 163 feet would have a required setback of 38 feet (50 - (175 - 163) = 38);

  - c. Structures proposed adjacent to streams for which the 100-year floodplain has not been determined or mapped shall be set back a minimum of 100 feet from the centerline of the stream channel; 

  - d. Structures proposed adjacent to streams that have been channelized by manmade improvements prior to the adoption and effective date of this Development Code shall be set back a minimum of 20 feet from the improvements. Channelized shall mean improvements that have altered and replaced the natural alignment of the stream. Examples of channelized streams include Gregory Creek south of Donner Pass Road and Trout Creek along Trout Creek Road. 

3. Setback reduction in RS and RR districts. The required setback from the 100-year floodplain of the Truckee River and other streams may be reduced in the RS and RR zoning districts based on the averaging of the setbacks of structures on adjoining parcels, where 25 percent or more of the parcels in any one block have been improved with structures as of the effective date of this Development Code. In these cases, proposed structures shall be set back from the edge of the 100-year floodplain by no less than the average of the setbacks of the existing structures on the block.

s based on the averaging of the setbacks of structures on adjoining parcels, where 25 percent or more of the parcels in any one block have been improved with structures as of the effective date of this Development Code. In these cases, proposed structures shall be set back from the edge of the 100-year floodplain by no less than the average of the setbacks of the existing structures on the block.

4. Variances. Setback requirements may be decreased if a Variance is approved by the Zoning Administrator in compliance with Chapter 18.82, or a Variance to the stream setback was approved by Nevada County prior to Town incorporation. Approval of the Variance shall be based on findings consistent with the purpose and intent of this Chapter and with Chapter 18.82 (Variances). A decrease in the stream setback may be approved through a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance) if Nevada County approved a Variance or Use Permit to decrease the stream setback and the proposed structures, encroachments and/or disturbance comply with the stream setback approved by the County and are substantially similar to and occupy substantially the same surface area as those structures, encroachments, and disturbances approved by the County to be located within the stream setback.

5. Bridges and drainage structures. Bridges, crossings and drainage structures and facilities may be allowed in the required setback if approved by the Town Engineer and approvals are obtained from all agencies with permitting authority.

• B. Use of setback areas.

  1. Structures. Fences and other structures, parking access, parking space(s), paved areas or swimming pools shall not be constructed within required setbacks, except as allowed under Section 18.38.040.B.2.

  2. Grading and landscaping. Grading or filling (not including pervious paths and walkways, 300 square feet or less; disturbance for nonpermanent uses such as vegetable gardens, play structures and small sitting areas providing they are 300 square feet or less; and public trails), planting of exotic/nonnative or nonriparian plant species, or the removal of native vegetation except for fire safety shall not be permitted within a setback area.

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3. Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete and native landscaping.

4. Allowed projections. Architectural features may extend beyond the wall of the structure and into the setback area in compliance with the following:

  - a. Balconies, bay windows and other cantilevered features may extend five feet into the setback area; 

  - b. Canopies, cornices, eaves and roof overhangs may extend five feet into the setback area;

• c. Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports or other structural connections to the ground comply with the required setback.

• C. Flood hazard areas. Development proposed in areas of flood hazard shall comply with the flood plain regulations in Chapter 18.34 (Flood Plain Management).

• D. Drainage easements. Uses and activities set forth in Subsection B shall not be permitted within open space easements created for waterways, or within drainage easements established and shown on subdivision maps.

• A. Donner Lake setback requirements.

  1. Donner Lake high water line setback . Structures shall be set back a minimum of 20 feet from the high water mark of Donner Lake, which is an elevation of 5935.7 feet (NGVD 1929) above sea level. This setback requirement may be reduced through the approval of a Variance (Chapter 18.82), or where a Variance to the setback was approved by Nevada County prior to the Town’s incorporation. Variance approval shall be based on findings consistent with the purpose and intent of this Chapter and with Chapter 18.82 (Variances).

  2. Donner Lake side yard setback . The Donner Lake side yard setback applies to parcels directly adjacent to Donner Lake (i.e., waterfront properties). All properties on Donner Lake shall have a Donner Lake side yard setback of 10 feet. In order to reduce potential view impacts and increase visibility to the lake, the side yard setback relief provided for parcels 80 feet or less in width (as identified in Development Code Section 18.30.120.F.7.b), and for additions or modifications to legal nonconforming singlefamily dwellings (as identified in Development Code Section 18.30.120.F.7.c) do not apply to single-family parcels adjacent to Donner Lake.

Projections into the Donner Lake side yard setback provided in Table 3-2 (Allowed Projections) and the reduced setbacks for residential accessory uses and structures provided in Table 3-3 (Required Setbacks, Residential Accessory Uses and Structures) are prohibited for single-family residential parcels adjacent to Donner Lake. In addition,

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the Minor Modifications process is not applicable to Donner Lake waterfront properties. Any reduction of a side yard setback shall require approval of a Variance in compliance with Development Code Chapter 18.82.

B. Use of Donner Lake setback area.

1. Structures. Fences and other structures, parking access, parking space(s), paved areas (not including trails, paths, walkways and small sitting areas), swimming pools or hot tubs shall not be constructed within required setbacks.

2. Grading and landscaping. Grading or filling (not including trails, paths and walkways, and small sitting areas that, in total, do not exceed 300 square feet), planting of exotic/nonnative or nonriparian plant species, or removal of native vegetation except for fire safety shall not be permitted within a setback area. Grading or filling performed in the course of soil stabilization or erosion control measures for improvements in place as of the effective date of this Development Code may be allowed with Building Permit approval.

3. Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete and native landscaping.

4. Dredging and underwater construction. There shall be no dredging, removal or rearrangement of materials or soils or placement of fill within the area below the high water mark of Donner Lake. Dredging or excavation performed in the course of the construction of a pier, dock, ramp or similar structure may be allowed with Building Permit approval and approval from all agencies with permitting authority.

5. Allowed projections. Architectural features may extend beyond the wall of the structure and into the Donner Lake high water line setback area in compliance with the following:

  - a. Balconies, bay windows and other cantilevered features may extend five feet into the setback area; 

  - b. Canopies, cornices, eaves and roof overhangs may extend five feet into the setback area; 

  - c. Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports or other structural connections to the ground comply with the required setback. 

• C. Flood hazard areas. Development proposed in areas of flood hazard shall comply with the Floodplain Management Regulations in Chapter 18.34. The flood hazard area for Donner Lake shall include all lands at or below an elevation of 5,942 feet above sea level.

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• D. Docks and piers. Docks, piers, ramps and similar structures, including stairways and walkways connecting to the dock, pier or ramp, may be constructed within the Donner Lake flood hazard area and setback area required by this Section in compliance with all of the following requirements:

  1. Limitation on number of facilities. No more than one dock, pier, ramp or similar structure shall be constructed on any site.

  2. Enclosing structures. Safety railings are allowed with a maximum height of four feet. Sidewalls and roofs shall be prohibited.

  3. Approvals from other agencies. Approvals shall be obtained from all agencies with permitting authority.

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Landscape Standards

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