§ 18.08.404. CPA Cooperative Planning Area Overlay District.

(a)

District-Specific Site Compatibility and Adjacency Standards.  

(1)

Applicability and exemptions. This subsection (b)'s compatibility and adjacency standards shall apply as follows:

a.

New development proposed in cooperative planning areas within 500 feet of the existing built environment, or within 500 feet of platted lots shall be subject to the compatibility and adjacency standards stated in both subsections (b)(3) and in (b)(4).

b.

All new development that does not fall into the category described in subsection (2)a. above shall be subject to the compatibility and adjacency standards stated in subsection (b)(4).

c.

The compatibility and adjacency standards stated in subsections (b)(3) and in (b)(4) shall not apply where the property is within an adopted center or corridor plan that includes adjacency standards and was prepared in accordance with the cooperative planning process.

d.

Wherever, in the opinion of the administrator, a natural barrier (e.g., ridgeline, river, open space, or natural terrain change) buffers the existing built environment or platted lots from the proposed new development, these compatibility and adjacency standards shall not apply.

(2)

Site compatibility and adjacency standards for development within 500 feet of existing built environment or platted lots.  

a.

Applicability and applicable regulations

New development proposed in cooperative planning areas within 500 feet of the existing built environment, or within 500 feet of platted lots shall comply with the standards stated in this subsection (b)(3). In addition, such development shall also comply with the general compatibility standards stated in subsection (b)(4) below, as applicable.

b.

Internal density transfers allowed.

To the extent that land in such areas affected by this standard would be buildable under federal, state, or local regulations, the full eligible density may be utilized on other locations on the site.

c.

Lot adjacency standards—Large-lot single-family residential (SFR)-to-SFR.

To provide adequate transition between varying sizes of single-family residential parcels designated one dwelling unit per five acres to one dwelling unit per acre, the minimum adjacent lot size shall be one acre.

d.

Lot adjacency standards—Single-family residential (SFR)-to-SFR.

To provide adequate transition between varying sizes of single-family residential parcels designated as one unit per acre or greater density, one of the following methods shall be utilized:

1.

Parcel size matching.

The minimum lot sizes identified in the land use designation of the immediately adjacent developed subdivision shall be maintained at the edge of the proposed subdivision as depicted in Figure 18.08-11; or

 

2.

Buffering. A "buffer zone" shall be established. When the buffer remains natural vegetation, the buffer zone shall be equivalent to 100 feet or one-half of the average minimum lot depth of the adjoining developed property, whichever is greater (see Figure 18.08-12). The buffer zone may be common open space for the proposed subdivision and may include paths, trails or other subdivision amenities; or

 

3.

Yard matching. The rear yard widths of the proposed development shall match the rear yard widths of the existing development as depicted in Figure 18.08-13.

In addition, lots proposed within a new subdivision that share a common property line with an established subdivision shall not contain structures that exceed the maximum height of the adjacent equivalent zoning district or land use district.

 

e.

Lot adjacency standards—Multi-family residential (MFR)-to-SFR. To provide adequate transition between multi-family and single-family residential parcels, the development code standards of the closest cooperative planning agency, City of Reno or City of Sparks shall apply.

f.

Lot adjacency standards—Residential (SFR and MFR)-to-nonresidential. To provide adequate transition between nonresidential parcels and MFR parcels, and between nonresidential parcels and SFR the development code standards of the closest cooperative planning agency, City of Reno or City of Sparks shall apply.

g.

Lot adjacency standards—Nonresidential-to-nonresidential. To provide adequate transition between varying uses on parcels designated nonresidential, the side and rear setbacks shall be as required by the Washoe County Code.

(3)

Generally applicable site compatibility and adjacency standards. The following site compatibility and adjacency standards shall apply to all development in the CPA Overlay District, including development that is subject to the special compatibility standards stated in subsection (b)(3) above.

a.

Grading adjacency standards. All grading for subdivision improvements, special use permits, or other discretionary or building permits adjacent to lots up to five acres in size shall:

1.

Not result in slopes on fill in excess of, or steeper than, three horizontal to one vertical (3:1).

2.

For a distance of 50 feet from the shared common property line with an existing residence (see Figure 18.08.14), fills shall not differ from the natural grade by more than 48 inches and may not exceed a slope of three horizontal to one vertical (3:1).

3.

Not result in slopes that differ from the natural grade by more than 20 feet within 500 feet of a shared common property line with existing development.

4.

Be limited on cut slopes to equal to, or less than, a slope of three to one (3:1). However, major cut slopes, in excess of 100 lineal feet, shall be permitted when the cut slopes include stepped-back structural containment in the form of benches and terraces that include landscaping on the terraces. Rockery walls used to create benches are limited to a maximum vertical height of six feet. The resulting terraces shall include a minimum horizontal width of six feet to provide for the landscaped bench. An exception may be allowed for cuts into stable rock, supported by a geotechnical report.

5.

Utilize a gradual transition or "rounding or contouring" of the manufactured slope at the intersection of a manufactured cut or fill slope and a natural slope.

6.

Visually integrate all slope faces (cut or fill) into the natural terrain by a gradual transition or "contouring/rounding" of the manmade land forms into the natural terrain to add sinuosity to the grading of the site.

7.

Prohibit the use of riprap and gabions as a mechanical stabilization for cut slopes, except where essential for safe access, for passage within the rights-of way of public roads and for storm drainage control device(s).

8.

Address compatibility with adjacent lots, demonstrate visual impacts to the community, and propose design criteria, landscaping and buffering to mitigate impacts on adjacent property owners and the community's scenic character, if the applicant proposes cut, fills or slopes in excess of the requirements. Alternative materials and procedures supported by adequate engineering documentation may be approved, provided that they meet the aesthetic intent of these requirements and incorporate mitigation. All mitigation shall be reviewed and approved by the administrator.

b.

Ridgelines. Visually important ridgelines, as identified on the Washoe County Regional Open Space Program, as amended, and also those significant ridgelines identified in the Washoe County Forest Area Plan, the Washoe County North Valleys Area Plan and the Washoe County Verdi Area Plan, all as amended, shall be considered in applications for master plan and zoning map amendments. Applications for master plan and zoning map amendments shall identify how the project furthers the goal of preserving the aesthetic appearance of important ridgelines and shall include information related to the following issues:

1.

Potential developable areas (zero to 30 percent slope) shall be identified;

2.

The existing landscape of such slope areas shall be described; and

3.

Information shall be provided and provisions shall be made to mitigate the visual impact of the project from developed areas, as follows:

i.

A minimum of three sight-line analyses shall be provided from the existing built environment, generally within one-quarter to one-half mile of the project site. Staff members of the local governments involved in the cooperative plan shall jointly select the locations for the sight-line analyses to represent typical views of the project site from nearby neighborhoods;

ii.

The maximum height, placement, design and coloration of structures shall be identified to minimize visual impacts of areas identified in the sight-line analyses; and

iii.

Minimum setbacks and height limits for structures on the back sides of slopes shall be identified to minimize visual impacts of areas identified in the sight-line analyses.

c.

Light and glare. This subsection sets forth criteria and standards to mitigate impacts caused by lighting and glare.

1.

Light. All light sources shall be located and installed in such a way as to prevent spillover lighting onto adjoining properties. The following provisions shall apply to all existing and proposed development:

i.

Any lighting facilities shall be so installed as to reflect away from adjoining properties. Covers must be installed on all lighting fixtures and lamps must not extend below the bottom of the cover.

ii.

Light standard in or within 100 feet of residential zones shall not exceed 12 feet in height. Additional standard height may be permitted by the administrator provided such lights are a sharp cutoff lighting system.

iii.

No permanent rotating searchlights shall be permitted in any regulatory zone, except that an administrative permit may be issued by the administrator for a period not to exceed three days for a temporary searchlight. The administrative permit shall be limited to a maximum of three times in any one calendar year.

2.

Lighting design. The style and intensity of lighting shall consider not only function and appearance, but shall reflect the existing character of surrounding areas and shall replicate natural light as much as possible.

3.

Glare. Reflected glare on nearby buildings, streets or pedestrian areas shall be avoided by incorporating overhangs and awnings, using non-reflective building materials for exterior walls and roof surfaces, controlling angles of reflection, and placing landscaping and screening in appropriate locations.

4.

Interior lighting. Where residential uses abut nonresidential uses, interior lighting of the nonresidential uses shall be controlled at night through the use of timers, window blinds, or other acceptable means. This provision shall apply to all existing and proposed development.

5.

Conflict with other portions of Title 18. Where another provision of Title 18 may conflict with the provisions of this subsection, the more restrictive provision shall control.

(b)

District-Specific Standards for Protection of Significant Hydrologic Resources.  

(1)

Purpose. To regulate development activity within and adjacent to perennial streams to ensure that these resources are protected and enhanced. This subsection establishes standards for use of land in "critical stream zone buffer area" and "sensitive stream zone buffer area" to preserve and protect perennial streams to implement a policy of "no net loss" of significant hydrological resource size, function and value. The purpose of requiring perennial stream buffer areas is to recognize that many uses directly adjacent to a hydrologic resource may compromise the integrity of the resource through various negative features endemic to the specific use. Negative activities in the buffer areas may impact the quality or quantity of the existing hydrology, soil characteristics, vegetation communities or topography thereby jeopardizing the resource's functions. The intent of these regulations is to protect the public health, safety and welfare by:

a.

Preserving, protecting and restoring the natural functions of existing perennial streams;

b.

Reducing the need for the expenditure of public funds to remedy or avoid flood hazards, erosion, or other situations caused by inappropriate alterations of streams;

c.

Ensuring the natural flood control functions of perennial streams including, but not limited to, stormwater retention and slow-release detention capabilities are maintained;

d.

Ensuring stormwater runoff and erosion control techniques are utilized to stabilize existing stream banks, reduce downstream sediment loading, and ensure the safety of people and property;

e.

Ensuring the natural water quality functions of perennial streams including, but not limited to, pollution filtering, groundwater recharge, nutrient storage, nutrient recycling capabilities, and sediment filtering capabilities are not impacted by existing and proposed developments;

f.

Encouraging common open space developments to avoid hazardous or environmentally sensitive areas, protect important habitat and open space areas, and minimize impacts on groundwater recharge areas;

g.

Establishing buffer areas around all significant hydrological resource areas to ensure the resource is not jeopardized or degraded by adjacent offsite development activity;

h.

Ensuring a no net loss of value, acreage and function of each different significant hydrological resources is adhered to; and

i.

Identifying, establishing and managing perennial streams as mitigation sites for destroyed or degraded hydrological resources.

(2)

Applicability. The provisions set forth in this Section 18.08.404(c) shall apply as follows:

a.

Area of applicability. All properties located in the CPA Overlay District and containing either perennial streams, or an established buffer area surrounding one of the perennial streams, as identified on the map entitled "Map of Significant Hydrologic Resources," Figure 18.08-15 below. All new development that requires permitting or review shall be reviewed for compliance with the significant hydrologic resource standards. No variance to the significant hydrologic resource standards shall be processed or approved; instead, please refer to subsection (c)(9) (Modification of Standards) below.

In determining the location of the above-designated streams, staff shall use:

1.

Published United States Geological Service (USGS) topographic maps, either in seven and one-half minute or 15 minute series, to assist in the interpretation of location of significant hydrologic resources.

2.

A determination of the location of a perennial stream resulting from a delineation of wetlands and/or waters of the United States made by the United States Army Corps of Engineers under the provisions of Section 404 of the Federal Clean Water Act, shall be considered the perennial stream crossing any parcel of land.

3.

Field survey by land surveyor or professional engineer licensed and qualified to perform a survey.

b.

Relationship to other restrictions. The requirements established in this Section 18.08.404(c) are not intended to repeal, abrogate, supersede or impair any existing federal, state or local law, easement, covenant, or deed restriction. However, if this subsection imposes greater or more stringent restrictions, the provisions of this subsection shall prevail. Specifically, if an applicant also acquires authorization under Section 404 of the Clean Water Act from the United States Army Corps of Engineers, the applicant shall meet any greater or more stringent restrictions set forth in this subsection in addition to and independent of the restrictions of such permit.

c.

Application of this subsection to the Truckee River. The provisions of this Section 18.08.404(c) do not apply for development along the Truckee River from the California/Nevada state line to the terminus in Pyramid Lake.

 

d.

Impact on land use designations. The provisions of this Section 18.08.404(c) shall neither be used as justification for changing a land use designation nor be used to reduce the development density or intensity otherwise allowed by the land use designation of the property, subject to the provisions and limitations of this subsection.

(3)

Exemptions. The following are exempt from the provisions of this Section 18.08.404(c):

a.

All existing allowable or permitted use of any single-family, detached, residential structure, including interior renovation, and replacement upon catastrophic damaging event, and all related accessory uses (e.g. garages, barns, corrals, storage sheds) constructed or under construction with a valid building permit prior to the effective date of this ordinance.

b.

All projects with an approved special use permit, any map to divide land, design standards handbook and/or development agreement, currently active (not expired) and having obtained approval or having submitted a valid discretionary permit application prior to the effective date of this ordinance.

(4)

Perennial streams buffer areas. Perennial stream buffer areas are established to provide adequate setbacks and land use controls to ensure water quality functions of each perennial stream are not jeopardized through development activity. To limit significant impacts adjacent to hydrological resources, two buffer areas are hereby established-the "critical stream zone buffer area" and the "sensitive stream zone buffer area." All proposals to develop uses within the critical stream zone buffer area and/or the sensitive stream zone buffer area shall submit a site plan with precise dimensions depicting the boundary line for the buffer areas.

a.

Critical stream zone buffer area. The critical stream zone buffer area shall be all land and water surface within 30 feet from the centerline of the perennial stream. The centerline of the stream shall be determined by either survey from a licensed surveyor or by determination of the thalweg (i.e. the line connecting points of maximum water depth) from a topographic survey, or appropriate USGS seven and one-half-minute topographic map covering the site.

b.

Sensitive stream zone buffer area. The sensitive stream zone buffer area shall be all land and water surface between the critical stream zone buffer area boundary of 30 and 150 feet from centerline or thalweg of the perennial stream.

(5)

Critical stream zone buffer area development standards. All development in the critical stream zone buffer area shall be subject to the following standards:

a.

Allowed uses. Uses allowed within the critical stream zone buffer area are limited to those uses necessary for providing community services such as managing and conserving natural resources, and providing recreational and educational opportunities, including:

1.

Weed control consistent with state and county laws.

2.

Mosquito abatement consistent with state and county laws.

3.

Conservation or preservation of soil, water, vegetation, fish and other wildlife habitats.

4.

Outdoor recreation activities such as fishing, bird watching, hiking and swimming.

5.

Education and scientific research including, but not limited to, water quality monitoring and stream flow gauging.

6.

Maintenance of an existing public or private road, driveway, structure or facility, including drainage facilities, water conveyance structures, dams, fences, trails, and any public or private utility facility used to provide transportation, electric, gas, water, telephone, telecommunication, or other including individual service connections. Written notice shall be provided to the community development department at least 15 days prior to the commencement of work, and all impacts to the critical stream zone buffer area are minimized and disturbed areas are immediately restored to their natural state.

7.

Landscape improvements and maintenance of native vegetation is allowed within an established critical stream zone buffer area including the pruning of trees and the removal of dead vegetation and debris. Ornamental landscaping that would require fertilizer or pesticide applications for growth and maintenance is not permitted within the critical stream buffer zone area.

8.

Landscaping area requirements may be satisfied by using the natural, undisturbed or restored critical stream zone buffer area to count towards the required area to be landscaped for new residential, civic, commercial, industrial or agricultural use types. Parking and loading areas on the developed portion of the site shall continue to require landscaping. Open space requirements may be satisfied by using the natural, undisturbed or restored critical stream zone buffer area.

9.

Continuation of existing agricultural operations such as the cultivation and harvesting of hay or pasturing of livestock, or change of agricultural practices such as the relocation of an existing pasture fence, which has no greater impact on perennial stream water quality.

10.

Perimeter fencing on a property boundary with a valid building permit pursuant to approval by the administrator to ensure that obstruction to stream flows has been avoided.

b.

Permitted uses requiring a planning commission approved special use permit. Subject to the regulatory zone in effect for the property establishing the uses, the following use types may be permitted in the critical stream zone buffer area pursuant to a special use permit being issued by the planning commission and this Section 18.08.404(c). Any construction in the critical stream zone buffer area will require submission of a grading plan showing compliance with applicable best management practices to minimize stream bank and stream bed erosion. The grading plan shall also be designed to prevent construction drainage and materials from increasing sedimentation impacts to the stream environment and to minimize impervious surfaces.

1.

Construction or enlargement of any public or private roads, driveway, structure or facility including drainage facilities, water conveyance structures, dams, trails and any public or private utility facility used to provide transportation, electric, gas, water, telephone, telecommunication or other services.

2.

Civic use types. Civic uses classified under the utility services, nature center, active recreation, passive recreation and safety services use types may be permitted in the critical stream zone buffer area.

c.

Prohibited uses. Due to the incompatible nature of certain uses (i.e. ground disturbance, untreated water discharge, hazardous materials, chemical contamination, scale of use, traffic, etc.) and the potential negative impacts on the perennial stream and adjoining critical stream zone buffer area, all new construction and development uses not listed in either the allowed or permitted section of this Section 18.08.404(c) shall not be established in the critical stream zone buffer area.

1.

Residential, civic, commercial, industrial and agricultural use types. All new residential, civic, commercial, industrial and agricultural use types not listed as allowed or permitted uses are prohibited in the critical stream zone buffer area. Specifically prohibited industrial uses include:

i.

Aggregate facilities—Permanent.

ii.

Aggregate facilities—Temporary.

iii.

Energy production.

iv.

General industrial—Heavy.

v.

Inoperable vehicle storage.

vi.

Mining operations.

vii.

Salvage yards.

viii.

Wholesaling, storage and distribution—Heavy.

2.

Parking and ornamental landscaping. All new parking and ornamental landscaping areas to fulfill the minimum requirements for new residential, civic, commercial, industrial or agricultural use types shall be prohibited in the critical stream zone buffer area.

3.

Fences. In order to prevent livestock from destroying the stream bank slope, all new perpendicular-oriented fences except as provided in subsection (6)a. below shall be prohibited in the critical stream zone buffer area. Fencing that is parallel to the stream and is designed to keep livestock from access to the water and stream bank may be permitted after review and approval by the community development department.

(6)

Sensitive stream zone buffer area development standards. Development in the sensitive stream zone area shall be subject to the following standards:

a.

Allowed uses. All allowed uses within the critical stream zone buffer area are also allowed in the sensitive stream zone buffer area. Additional allowed uses in the sensitive stream zone buffer area include:

1.

Single-family, detached residential uses and all related accessory uses associated with the single-family residence requiring a building permit. Attached or detached accessory dwellings may also be erected within the sensitive stream zone buffer area. New building structures such as storage sheds and gazebos that, due to their minimum floor area, do not require a building permit may also be erected within the sensitive stream zone buffer area.

2.

Landscaping area requirements, including ornamental landscape planting, may be satisfied by using the sensitive stream zone buffer area to count towards the required area to be landscaped for new residential, civic, commercial, industrial or agricultural use types. Parking and loading areas on the developed portion of the site shall continue to require landscaping. Open space requirements may be satisfied by using the natural, undisturbed or restored sensitive stream zone buffer area.

3.

New fencing, constructed in accordance with the Reno Municipal Code.

b.

Permitted uses requiring a planning commission approved special use permit. Subject to the regulatory zone in effect for the property, all new use types may be permitted in the sensitive stream zone buffer area pursuant to a special use permit being issued by the planning commission. The special use permit requirement is also applicable to construction or enlargement of any public or private roads, driveway, structure or facility including drainage facilities, water conveyance structures, dams, trails, and any public or private utility facility used to provide transportation, electric, gas, water, telephone, telecommunication or other services. New residential, commercial and industrial subdivisions shall not require the concurrent processing of a special use permit, as long as the "special review considerations" of this Section 18.08.404(c) are addressed in the tentative subdivision map review. Any construction in the sensitive stream zone buffer area will require submission of a grading plan showing compliance with applicable best management practices. The grading plan shall also be designed to prevent construction drainage and materials from increasing sedimentation impacts to the stream environment and to minimize impervious surfaces.

c.

Prohibited uses. Due to the incompatible nature of certain uses (i.e. ground disturbance, untreated water discharge, hazardous materials, chemical contamination, scale of use, traffic, etc.) and the potential negative impacts on the perennial stream and adjoining sensitive stream zone buffer area, the following uses shall not be established in the sensitive steam zone buffer area:

1.

Aggregate facilities—Permanent.

2.

Aggregate facilities—Temporary.

3.

Energy production.

4.

General industrial—Heavy.

5.

Inoperable vehicle storage.

6.

Mining operations.

7.

Salvage yards.

8.

Wholesaling, storage and distribution—Heavy.

(7)

Special review considerations. In addition to the general special use permit findings, prior to approving an application for development in the critical stream zone buffer area or the sensitive stream zone buffer area, the record at the planning commission shall demonstrate that the specific findings in Section 18.06.405 are addressed.

(8)

Cluster development. New residential subdivision requests with a protected perennial stream on the property are encouraged to submit in accordance with the provisions of Section 18.08.202(a)(1) (Cluster Development).

(9)

Modification of standards. Modification of standards, including interpretation of the applicability of the standards in this subsection, shall be set forth as follows:

a.

Appeals for errors. Appeals shall be processed in accordance with Section 18.06.208 (Appeals).

b.

Special exceptions. The planning commission shall hear and decide requests for special exceptions from the requirements of this Section 18.08.404(c). In approving such applications, the planning commission shall consider all technical evaluations and all relevant requirements, factors and standards specified in this subsection and shall also consider the provisions of this subsection:

1.

The potential degradation of the stream environment.

2.

The danger to life and property due to flooding or erosion damage.

3.

The loss of critical habitat.

c.

Issuance of special exception. Special exceptions shall only be issued when in compliance with the provisions of this subsection and the planning commission finds:

1.

A showing of good and sufficient cause such as renovation, rehabilitation or reconstruction of the stream environment; or

2.

A determination that failure to grant the special exception would result in exceptional hardship to the applicant, such as deprivation of a substantial use of property and that the granting of a special exception will not result in degradation of the stream environment.

d.

Extent of special exception. Special exceptions shall only be issued upon a determination that the special exception is the minimum necessary to afford relief.

e.

Conditions of special exceptions. Upon consideration of the factors set forth in this Section 18.08.404(c) and the purpose of this section, the planning commission may attach such conditions to the granting of special exceptions as it deems necessary to further the purpose of Section 18.08.404(c).

(c)

Master Plan Amendments Within Cooperative Planning Areas.  

(1)

Notification. The city shall notify the Washoe County Community Development Director in writing of any proposed master plan amendment within the cooperative planning area.

a.

The notice shall be sent by standard or electronic mail at least 30 days prior to the first planning commission public hearing.

b.

Any written comment from the county must be received by the city at least 14 days prior to the public hearing for inclusion into staff reports.

(Ord. No. 5430, § 1, 2-25-03; Ord. No. 5621, § 1, 10-27-04; Ord. No. 6000, § 8, 1-30-08; Ord. No. 6067, § 2, 12-3-08; Ord. No. 6171, § 15, 1-19-11)