Chapter 18.46 — OPEN SPACE/CLUSTER REQUIREMENTS

Sections:

18.46.010 - Purpose of Chapter 18.46.020 - Applicability 18.46.030 - Definitions 18.46.040 - Wetlands 18.46.050 - Open Space Standards 18.46.060 - Open Space and Clustering Guidelines 18.46.070 - Open Space Incentives 18.46.080 - Scenic Corridor Standards

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

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

• B. Environmentally sensitive areas as defined in Section 18.46.030.B, below;

• C. Lakes and ponds; and

• D. Slopes in excess of 30 percent.

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

• A. Related provisions. The provisions of the following Chapters shall also apply to the design of open space and clustered developments:

  1. Chapter 18.36 — Hillside Development Standards

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

  3. Chapter 18.94 — Residential Subdivision Design Guidelines

  4. Chapter 18.25 – Objective Design Standards

The following are definitions of special terms and phrases used in this Chapter. Other general definitions are provided in Chapter 18.220 (Definitions/Glossary).

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• A. Clustered Development. Development in which residential lots, dwelling units or buildings are placed in close proximity to each other with the purpose of retaining large areas of undeveloped open space area and/or protecting environmentally sensitive areas. Undeveloped open space shall be in one contiguous area. For purposes of this section, “contiguous” means that all open space should be continuous and there should be no areas less than 20 feet in width.

• B. Environmentally sensitive areas. Environmentally sensitive areas shall include, but not be limited to, the following:

  1. Scenic vistas or prominent slopes, ridgelines, bluff lines or hillsides, including those identified in the General Plan Community Character Element Figure CC-1 “Scenic Resources” or determined to be of importance through the land use application review;

  2. Deer migration routes and fawning areas and other wildlife movement corridors;

  3. Habitat for State and Federally listed plant and animal species, including special status and candidate species;

  4. Large blocks of undeveloped forest lands and/or meadows. A large block of undeveloped forest is defined as a forested area with a minimum size of 10 acres that meets minimum State timber stocking requirements and is located on lands either managed by the United States Forest Service or designated PUB, RC/OS or OSR by the General Plan Land Use Map, Figure LU-2;

  5. Riparian habitat and corridors;

  6. Wetlands per Section 18.46.040, below;

  7. Unstable soils as identified in any required geotechnical study;

  8. Avalanche areas

Wetlands are areas inundated or saturated by surface water or groundwater at a frequency and duration to promote the formation of hydric soils (as defined by the U.S. Department of Agriculture Soil Conservation Service) or to support the growth of hydrophytes.

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

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

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natural and undisturbed state and shall be maintained in a manner which minimizes the danger of fire hazards. A minimum 10-foot setback from a delineated wetland shall be required for all improvements, including grading, structures, cantilevered features, footings.

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

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

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

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

  4. The project is not requesting a Streamlined Residential Review (Chapter 18.79).

A. Minimum open space requirements.

1. Low Density Residential Zones: All new residential subdivisions within the low density residential zoning districts (i.e., RR, RL and DRL) shall provide permanent open space. The minimum amount of open space required within the property shall be either:

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

   • b. As shown in Table 3-7 below, whichever is greater. Portions of the property zoned OS and areas listed in Section 18.46.010 above shall be credited toward the minimum open space area requirement.

   • c. Within proposed single-family lot boundaries, setback areas shall not count toward the minimum open space area requirement.

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TABLE 3-7 MINIMUM OPEN SPACE AREA

2. Multifamily, Commercial, Mixed Use and Manufacturing Zones: The minimum amount of contiguous open space required within the property for the multifamily residential, commercial and manufacturing/industrial zoning districts (i.e., RM, DRM, DRH, CN, CG, CH, CS, CMU, NMU, M, DMU, DC, and DM) shall be either:

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

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

3. Open Space Recreation Designation: The minimum amount of open space required for properties designated Open Space Recreation by the General Plan Land Use Diagram, Figure LU-2, shall be 90% of the gross site area.

4. Special Purpose Zones: The minimum amount of open space required for properties in all other zoning districts (i.e., RC, REC and PF) shall be:

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

   • b. Additional site area as determined to be appropriate through the subdivision or land use permit process.

B. Permanent open space.

1. The portions of the original underlying/parent parcel counted toward the minimum open space area requirement shall be preserved as permanent open space. Preservation and management options for open space, in order of preference, include the following:

   • a. Dedication of the land to the Town of Truckee, the Truckee Donner Recreation and Park District, the Truckee Donner Land Trust, or similar public or non-profit agency. (Under this option, the project may be eligible for open space incentives in accordance with Section 18.46.070.B.1.a, below.)

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• b. Common area parcel(s) with a conservation easement granted in perpetuity to the Town of Truckee with maintenance managed by the homeowners association.

  2. Side and front setback areas shall not be counted toward the open space standards. Rear setbacks may be counted toward the open space standards up to a maximum of 50 percent when they are at least 20 feet in all dimensions.

  3. For small subdivisions of four parcels or less, the use of development envelopes in conjunction with conservation easements, deed restrictions and/or dedication to a homeowner’s association may be allowed. Development envelopes must be sited on the parcel to comply with required setbacks.

  4. For projects requesting the Streamlined Residential Review (Chapter 18.79), the following standards also apply:

     • a. For small residential subdivisions of four parcels or fewer created after October 12, 2023, the following standards apply:

       • (1) Development envelopes shall be used and shall be consistent with the setback standards of the zoning district;

       • (2) 50% of the required open space shall be permanently protected open space consistent with Items a. or b. of Section 18.46.050.B and shall be in one contiguous area. If there is existing protected open space adjacent to the proposed subdivision, the protected open space shall be located contiguous to the existing protected open space; and

       • (3) For small residential subdivisions of four parcels or fewer with development envelopes, created after October 12, 2023, the development envelopes shall be located parallel to the front property line with a minimum of 50% of the development envelope frontage located at the front setback line.

     • b. For subdivision with five or more parcels, development envelopes shall not be allowed. Only dedication or land or a conservation easement consistent with Items a. or b. of Section 18.46.050.B shall be permitted.

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

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

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

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

4. The project is not requesting a Streamlined Residential Review (Chapter 18.79).

• D. Trail alignments. Trail alignments as shown in the Trails & Bikeways Master Plan adopted by Town Council shall be preserved as open space with a minimum width of 20 feet with additional width required based on slope. A civil engineer’s report shall be required to determine the appropriate width necessary to accommodate accessibility requirements.

• E. Restoration of environmentally sensitive areas. During the consideration of any new discretionary land use application, if the natural tree or shrub coverage has previously been removed from environmentally sensitive areas, as defined in Section 18.46.030.B, the project shall include a restoration plan prepared by a qualified professional. The restoration plan shall include, but not be limited to, recommendations for comprehensive revegetation with indigenous plant material or an appropriate alternative and restoration of soils and/or hydrology within the environmentally sensitive area. The review authority shall consider the restoration plan as a part of the discretionary project approval process.

• F. Setbacks from forests. Dwellings, buildings and other habitable structures shall be located a minimum of 200 feet from the edge of large blocks of forests (defined in Section 18.46.030.B.4) within the project site and on surrounding parcels.

• G. Use of open space areas. Open space areas are generally intended to be large, undeveloped areas, remaining primarily in the natural state; however, some passive and active uses and activities may be appropriate within these areas.

  1. Allowed uses. The following uses/activities are permitted in open space areas:

  - a. Pedestrian, bicycle and equestrian trails, including trail amenities (e.g., benches, directional signs, interpretive signs, trash/recycling cans, bike racks, small restroom facilities, etc.). 
  
  - b. Revegetation of native landscaping. 
  
  - c. Fuel reduction or clearance as required for Fire Protection District standards. 
  
  - d. For small subdivisions of four parcels or less, one driveway per newly-created parcel leading from the subdivision’s shared access road to the recorded development envelope. 
  

  2. Discretionary uses. The following uses/activities may be permitted in open space areas, at the discretion of the review authority at the time of land use application approval, if the review authority determines the use to be appropriate based on the open space characteristics of the property. For properties designated as Resource Conservation/Open Space (RC/OS) by the General Plan Land Use Diagram, Figure LU-2, or for projects requesting Streamlined Residential Review (Chapter 18.79), the uses below shall be prohibited:

  - a. Primitive campgrounds (i.e., no facilities).
  

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• b. Small barbecue/picnic areas with shade covering

• c. Equestrian corrals or pastures (not structures) with fencing limited to a height of 48” and a minimum 16” opening above finished grade with an open design such as splitrail (solid fencing and barbed wire are prohibited).

  • d. Existing fairways and greens for golf courses; however, General Plan Land Use Policy 6.5 states that no new golf courses are allowed in the Town of Truckee.

  • e. Small accessory structures (less than 120 square feet and six feet or less in height) necessary for utility installation, maintenance and function.

  • f. Small playground structures in a common open space area for larger residential projects if the area is determined to be appropriate for developed, active recreation.

  • g. Motorized recreation vehicles such as snowmobiles, motorcycles, etc., if the area is determined to be appropriate for active recreation.

  • h. Motorized vehicles allowed for the purpose of open space maintenance.

  • i. Community gardens and agriculture with no permanent irrigation.

3. Prohibited uses. The following uses/activities are prohibited in open space areas:

• a. Shared access roads, parking areas and other large, paved areas.

• b. Recreational vehicle campgrounds.

• c. Tennis courts, basketball courts or similar paved areas.

• d. Equestrian barns or centers, or similar enclosed animal keeping facilities.

• e. Other structures, uses or activities not listed in Subsections 1 or 2 above and which result in disturbance of the open space area, unless the Director or review authority determines the use to be a similar, appropriate use of open space.

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The following design guidelines 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 site-specific characteristics. In some circumstances, a guideline may be relaxed in order to accomplish another, more important guideline or community goal. The overall objectives are to ensure that the intent and spirit of the design guidelines is followed and to attain the best possible design within reason.

• A. Clustering goals. Clustered development should achieve the following goals:

  1. Protect and preserve environmentally sensitive areas for their aesthetic and ecological values.

  2. Prevent sprawling development patterns.

  3. Provide community open space with opportunities for active and/or passive recreation.

• B. Create useable open space. Open space areas should be designed to provide large, contiguous areas of useable open space. For example, narrow strips of open space between parcels; small, isolated pockets of land; and areas of 50% slopes are not useable to the broader community intended to benefit from the open space.

• C. Appropriately-scaled open space. Within higher density residential areas, smaller open space areas may be appropriate, particularly in the form of neighborhood parks, pocket parks and common greenways.

• D. Provide connections through open space. Proposed open space areas should provide continuity and meaningful connections with surrounding open space areas, residential developments and trails, whenever feasible.

• E. Protect natural resources. In addition to areas that are required in Section 18.46.010 to be maintained as open space, development should be clustered in a manner to protect natural amenities such as mature trees groves, rock outcroppings, areas of dense vegetation, drainage areas, etc., to the greatest extent feasible.

• F. Relate development to open space. New residential lots and buildings should be oriented to provide the maximum access and visibility to trails, parks and open space areas to encourage use of the space.

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==> picture [287 x 235] intentionally omitted <==

FIGURE 3-1

RELATE DEVELOPMENT TO OPEN SPACE

• G. Proportionate clustering proximity. The proximity of clustered residential lots and buildings to each other should relate to the character of the surrounding development patterns and maximum zoning density. For example, building sites on 10-acre rural residential parcels may have larger buffers than building sites on 0.5-acre single-family parcels.

• A. Eligibility for open space incentives. To qualify for open space incentives, the review authority shall make the following findings:

  1. The project is consistent with the open space standards and guidelines of this Chapter; and

  2. Any open space reduction is proportionate to the benefit provided by the project.

• B. Open space incentives. The review authority may approve one or more of the following incentives for eligible projects:

  1. Open space reduction. The minimum open space requirements established in Section 18.46.050.A may be reduced by five percent (5%) of the project site, up to a maximum of 10 percent (10%), based on each/any of the following project features:

  - a. The open space areas are dedicated for public open space, public access and/or public recreation in accordance with Section 18.46.050.B.1.a, above; 
  
  - b. The site is within the FAR Incentive Infill Area shown on Sheet 28 of the Town Zoning Map; and/or
  

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• c. The project will provide enhanced public facilities which are needed by the Town beyond those required for the project as mitigation measures (e.g., onsite or offsite public trails, transit facilities, etc.).

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

A. Purpose.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8. Grading (cut and fill slopes) shall be minimized and all disturbed areas shall be landscaped consistent with Section 18.40.040.A.2.

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

10. Enhanced landscaped setbacks shall be provided along adjoining highways. The landscape design shall consist of the following:

• a. A three-tier landscape design consisting of low growing ground covers, medium density height shrubs, and trees with emphasis on creating a natural, self-sustaining design.

  • b. Dense landscaping to screen views of parking lots, fencing, outdoor storage and work areas, and similar site features.

  • c. A variety of deciduous and evergreen trees, shrubs, perennial and groundcovers with an emphasis on using native species. The use of xeriscapes may also be considered by the Review Authority.

  • d. Preservation of existing vegetation to the extent feasible with new landscaping integrated to achieve a natural landscape.

  • e. Irrigation to temporarily provide water through the plant establishment period.

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