GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, January 25, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.
VIRTUAL MEETING NOTICE
In response to Governor Newsom's Assembly Bill 361 and Resolution 2020-09 Declaring the Existence of a Local Emergency related to the COVID-19 pandemic, public participation in the City of Grass Valley City Council and other public meetings shall be electronic only, and without a physical location for public participation, until further notice in compliance with California state guidelines on social distancing. City Council welcomes you to attend the meetings electronically, which are scheduled at 7:00 p.m. on the 2nd and 4th Tuesdays of each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ. Indexed archives of meetings are available via this link as well.
Members of the public are encouraged to submit public comments via voicemail at (530) 274- 4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.
Agenda materials, staff reports, and background information related to regular agenda items are available on the City of Grass Valley website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com subject to City staff’s ability to post the documents before the meeting.
If you do not have the means to participate in meetings electronically, contact the City at (530) 274-4390 and staff will be happy to identify alternative means for you to participate.
CALL TO ORDER
City of Grass Valley, CA AGENDA January 25, 2022
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. Grand Jury Awareness Month Proclamation
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.
CONSENT ITEMS - All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action (roll call vote).
2. Approval of the Regular Meeting Minutes of January 11, 2022 Recommendation: Council approve minutes as submitted.
3. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
4. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
5. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
6. Second Reading of Ordinance 812 Amending Chapter 8.24 (Garbage Collection and Recycling) of the City of Grass Valley Municipal Code to ensure compliance with Senate Bill 1383 mandates.
Recommendation: That Council conduct the second reading, by title only, of Ordinance 812, which amends Chapter 8.24, Garbage Collection and Recycling.
7. Hinderliter de Llamas & Associates (HdL) Sales, Use and Transactions Tax Services Contract Amendment
City of Grass Valley, CA AGENDA January 25, 2022
Recommendation: It is recommended that the City Council adopt Resolution No. 2022-05 approving a contract amendment between the City of Grass Valley and Hinderliter de Llamas & Associates (HdL) for Sales, Use and Transactions Tax Services
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
8. Grass Valley RV Park Resort and Annexation Project consisting of a 147 space RV Park Resort with 15 glamping spaces for short term camping and Annexation of ±45 acres into the City.
Recommendation: The Planning Commission recommends that the City Council approve the Grass Valley RV Park Resort and Annexation Project, as presented, or as modified by the City Council, which includes the following actions: 1. Adoption of a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines; 2. Adoption of a Mitigation Monitoring & Reporting Plan (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines; 3. Adoption of a Resolution Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented;
4. Adoption of an Ordinance Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and, 5. Adoption of Findings of Fact and Conditions of Approval for the RV Park Resort and Annexation project as presented.
ADMINISTRATIVE
9. Community Choice Aggregation Overview for Grass Valley Recommendation: That Council 1) receive a presentation from Pioneer Community Energy on Community Choice Aggregation (CCA), and 2) provide direction to staff on next steps of evaluating possibility of Community Choice Aggregation for the City.
10. City of Grass Valley Strategic Plan (last Updated April 2020) Recommendation: That Council provide direction on updating the Grass Valley Strategic Plan.
BRIEF REPORTS BY COUNCIL MEMBERS
ADJOURN
POSTING NOTICE
This is to certify that the above notice of a Closed meeting of The City Council, scheduled for Tuesday, January 25, 2022 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, January 20, 2022.
________________________
Taylor Day, Deputy City Clerk
PROCLAMATION
GRAND JURY AWARNESS MONTH
FEBRUARY 2022
Whereas, Grand Juries are crucial components of California’s justice system; and Whereas, Grand Juries have been in existence since the adoption of California’s original Constitution in 1849 – 1850; and
Whereas, Grand Juries are impaneled to act as an “arm of the court,” as authorized by the state constitution, to be a voice of the people and a conscience of the community; and Whereas, like other California counties, Nevada County has a Grand Jury composed of individuals who dedicate their time for a full calendar year to serve in the Grand Jury system; and Whereas, the primary duties of the Nevada County grand Jury are to investigate and report on local governmental operations to assure that the responsibilities are being fulfilled efficiently, honestly and in the best interest of the public; and
Whereas, it is appropriate to provide a designated opportunity to recognize the efforts of those who have volunteered, and are volunteering, their time and service to advance the work of the Nevada County Grand Jury; and
Whereas, the reward of being 19 grand jurors is the satisfaction received working with fellow residents of the county to improve local government for all of us.
NOW, THEREFORE, Be It Resolved that the Grass Valley City Council does herby proclaim the month of February 2018, as GRAND JURY AWARENESS MONTH.
Dated this 25th day of January 2022
_____________________________ _____________________________ Ben Aguilar, Mayor Jan Arbuckle, Vice Mayor
________________________________
Hilary Hodge, Council Member
____________________________ _____________________________ Bob Branstrom, Council Member Thomas Ivy, Council Member
Item # 1.
GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, January 11, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com
MINUTES
CALL TO ORDER
Meeting called to order at 7:05 by Mayor Aguilar.
PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Aguilar.
ROLL CALL
PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar
AGENDA APPROVAL -
Motion made to approve agenda as submitted by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar
REPORT OUT OF CLOSED SESSION
No closed session.
INTRODUCTIONS AND PRESENTATIONS
None.
PUBLIC COMMENT -
Attached.
CONSENT ITEMS -
Motion made to approve consent as submitted by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.
Item # 2.
City of Grass Valley, CA MINUTES January 11, 2022
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar
1. Approval of the Regular Meeting Minutes of December 14, 2021.
Recommendation: Council approve minutes as submitted.
2. Approval of the Special Emergency Meeting Minutes of December 30, 2021.
Recommendation: Council approve minutes as submitted.
3. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-02 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)
4. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
5. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
6. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th, 2021 proclamation declaring a Local State of Emergency
7. Certification of promotional list for Fire Captain.
Recommendation: That Council 1) certify the newly developed promotional eligibility list Fire Captain effective January 11, 2022.
8. Second reading of Ordinance No. 811 amending the Prezoning on portions of the Southern Sphere of Influence Planning and Annexation project area, and amending Section 17.28.080, Southeast Industrial District Combining Zone.
Recommendation: That Council conduct the second reading, by title only, of Ordinance 811, which approves the amendments to the Southern Sphere of Influence Planning and Annexation project.
9. Recognized Obligation Payment Schedule (ROPS 22-23) for July 2022 through June 2023
Recommendation: It is recommended that the Successor Agency adopt Resolution No.
SA 2022-01 approving the Recognized Obligation Payment Schedule (ROPS 22-23) for the time period July 1, 2022 through June 30, 2023
10. Approval of the Public Safety Analyst job description and associated pay scale Recommendation: That Council 1) approve the Public Safety Analyst I/II job description; and 2) approve an updated Unit 3 pay scale which includes the Public Safety Analyst I/II pay scale
Item # 2.
City of Grass Valley, CA MINUTES January 11, 2022
11. Approval of a Resolution authorizing the submittal of applications for recycling related payment programs and authorizing the Community Development Director to execute all documents to secure these funds.
Recommendation: Approve Resolution 2022-01 which authorizes the City to apply for future recycling grants and authorizes the Community Development Director to submit applications to CalRecycle for all eligible payment programs.
12. December 2021 Winter Storm – Authorize Emergency Contracts Recommendation: That Council adopt Resolution 2022-03 authorizing the City Manager to enter into emergency contracts without advertising for bids and ratifying emergency contract execution relating to recovery from the December 2021 winter storms.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
13. Public Hearing and First Reading of an Ordinance Amending Chapter 8.24 (Garbage Collection and Recycling) of the City of Grass Valley Municipal Code to ensure compliance with Senate Bill 1383 mandates.
Recommendation: That Council conduct the public hearing, introduce the ordinance which amends Chapter 8.24, and waive the reading ordinance in its entirety and read by title only.
Tom Last, Community Development Director, gave overview of the state requirements to council. Carrie Baxter from R3 Consulting, also gave a presentation to the council.
Motion made to conduct the public hearing, introduce the ordinance which amends Chapter 8.24, and waive the reading ordinance in its entirety and read by title only by Council Member Hodge, Seconded by Vice Mayor Arbuckle.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar
ADMINISTRATIVE
14. Consideration of a budget amendment and contact amendment with Bureau Veritas for building and fire inspection and plan review services.
Recommendation: That Council approve the budget amendment to the contract with Bureau Veritas by $276,000 and increase the City Budget for the remainder of FY 2021/22 in the amount of $162,000.
Tom Last, Community Development Director, gave presentation to the council.
Motion made to approve the budget amendment to the contract with Bureau Veritas by $276,000 and increase the City Budget for the remainder of FY 2021/22 in the amount of $162,000 by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy,
Item # 2.
City of Grass Valley, CA MINUTES January 11, 2022
Vice Mayor Arbuckle, Mayor Aguilar
15. Update to the City of Grass Valley Environmental Purchasing Policy to ensure compliance with Senate Bill 1383 mandates.
Recommendation: That Council approve the amendments to the Environmental Purchasing Policy.
Tom Last, gave overview of the purchasing policy to the council.
Motion made to approve the amendments to the Environmental Purchasing Policy by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Mayor Aguilar
16. December 2021 Winter Storm Debris Clean Up
Recommendation: That Council 1) approve storm debris disposal events for the citizens of the City of Grass Valley; 2) authorize the City Manager, as the Director of Emergency Services, to procure the necessary contracts to implement the storm debris disposal events, including the disposal of the material collected; 3) authorize the spending of up to $85,000 of City General Funds to fund the event; and, 4) authorize the Administrative Services Director to make any necessary budget adjustments and/or amendments to complete this action.
Tim Kiser, City Manager, gave a presentation on the proposed storm debris clean up efforts.
Public comments attached.
Motion made to 1) approve option number two of the storm debris disposal events for the citizens of the City of Grass Valley; 2) authorize the City Manager, as the Director of Emergency Services, to procure the necessary contracts to implement the storm debris disposal events, including the disposal of the material collected; 3) authorize the spending of up to $85,000 of City General Funds to fund the event; and, 4) authorize the Administrative Services Director to make any necessary budget adjustments and/or amendments to complete this action. by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar
BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Branstrom wanted to say thank you to the city staff and all of the help during the storm. He is also please to announce he has been appointed to the League of California Environmental Policy Committee. Council Member Ivy had nothing to report.
Council Member Hodge wanted to express her love for this community and everyone who has shown up for each other and say thank you to everyone. Council Member Arbuckle attended a PG&E local meters round table, League of California Local Government Task Force, ERC meeting, Beal Air Force appreciation ceremony, National League of Cities round table, the Council Breakfast for City Staff, Wreaths Across America Ceremony, elected President of Municipal of Women in Government, and appointed as vice chair to the Small Cities Council. Mayor Aguilar was amazed at how the community came together to work to
Item # 2.
City of Grass Valley, CA MINUTES January 11, 2022
help on another, and to thank everyone who played a role in helping the city and each others neighbors. He attended the Wreaths Across America Ceremony, LAFCO budget meeting, and wish everyone a Happy New Year.
ADJOURN
meeting adjourned at 8:35 pm
_____________________________ _____________________________ Ben Aguilar, Mayor Taylor Day, Deputy City Clerk
Item # 2.
1 Taylor Day
From: Cy Musiker
Sent: Monday, January 10, 2022 2:57 PM
To: Public Comments
Subject: Comment in opposition to the RV Park at Auburn Rd. and McCourtney Follow Up Flag: Flag for follow up
Flag Status: Flagged
To City Council of Grass Valley Public Comment,
I'm writing to oppose the Millennium Engineering plan to develop an RV and glamping resort on property on McCourtney Road, directly across the street from the county fairgrounds. I live barely a mile away from the corner of McCourtney and Auburn Roads, on Polaris Drive, and I'm shocked that this project has progressed so far with so little publicity and so little effort by the Grass Valley Planning Commission or the City Council to solicit public input. I first heard about the project in late November.
I hope the city council will pause and take a hard look at this project and either kill it or dramatically scale it back.
The project seems fine on the surface, and I can imagine it will produce much needed revenue for the city. But that ignores the downside risk of what could happen if there's a fire in western Nevada County, with local ranchers and homeowners trying to find safe refuge for their horse and burros, goats and sheep at the fairgrounds, while 150 or so SUV's and RV's are rushing out of the resort, trying to escape the smoke and risk of fire, crowding McCourtney and Auburn Road.
The property is also quite busy as a parking lot during the County Fair, Worldfest and other major events. I see nothing in the planning documents about how the fairgrounds will find room for the additional vehicles seeking parking. It would be a bitter irony if local residents decided to stay away from the fairgrounds because of traffic and the lack of parking, while RV'ers camped across the street had easy access to our beautiful facilities.
I understand that the property owners have the right to develop the land for a reasonable profit. I would not be opposed to low income housing, or even a much smaller RV Park that took these issues into consideration. During a briefing on the RV Resort on December 8th, I listened to the Grass Valley Fire Chief try to explain how during a fire emergency in neighborhoods along McCourtney, the RV Park would not result in a horrendous and potentially deadly traffic snarl. It was not convincing.
Please don't proceed with this project without a full review of the risks involved, and a chance for the public, especially the RV Park's neighbors, to voice their concerns.
Cheers and a Merry Christmas,
Cyrus Musiker
12246 Polaris Dr.
Grass Valley, CA 95949
Item # 2.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, January 11, 2022 8:04 PM
To: Public Comments
Subject: Voice Mail (18 seconds)
Attachments: audio.mp3
Uhm, yes. I'd like the city manager speak to how many plowed trucks the city has and how many were in operation during this storm. How many stayed in operation during the storm? Thank you. Matthew Coulter You received a voice mail from WIRELESS CALLER.
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Set Up Voice Mail
Item # 2.
From: R
To: Public Comments
Subject: Voice Mail (2 minutes and 13 seconds)
Date: Tuesday, January 11, 2022 6:35:35 PM
Attachments:
Hello, this is Matthew Coulter Grass Valley calling for public comment City Council meeting, Grass Valley, January 11th. First item or these snowplough situation. And why? I guess my question is why so many snow plows were sitting idle when they were needed so badly? Also, no sand was really being used around town and there were some pretty vicious falls on ice and one of them that I filmed was right in front of City Hall. Pretty bad he went to the hospital in ambulance with a bad shoulder injury.
Uhm, on the storm. Note also a homeless and grass fed will have to do something more for Shelter Nevada City. There will be some changes coming there because of what happened at the vets hall, so expect that coming down the Pike. But Grass Valley is really needs to step up and do something about the unsheltered people all over town and not know it. Also Sutton Way is quite a mask with trash and people laying on the street that are drugged out and shooting heroin or whatever they're shooting.
Lemery carrach No one has yet done anything for the erosion for Olympia Creek and putting Waddles back in, they got blown out with the rain storm or the 24th 25th of October. Nothing has been done.
Still waiting for any type of erosion control to be put in place before more of it runs into the Creek. I don't know if any of the staff has been out there to look at that job site, but it is horrific. The damage has been done. The amount of debris that went down the Creek and scoured the Creek and killed everything in the Creek. Traffic speeds AB 43. Please look into a V43 and implement that anyway. You can thank you very much. Bye bye.
You received a voice mail from WIRELESS CALLER.
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Set Up Voice Mail
Item # 2.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 1/25/2022 Date Prepared: 1/19/2022 Agenda: Consent
Background Information: On March 5, 2020 the City Manager, acting as the Director of Emergency Services for the City of Grass Valley and the Disaster Council (Vice Mayor Aguilar and Councilmember Arbuckle), declared a local State of Emergency to ensure emergency personnel can obtain equipment and resources in the most timely and effective manner. In accordance with the Emergency Services Act Section 8630 (b) the governing body must ratify the declared emergency within 7 days for it to remain in effect. On March 10, 2020, at the Grass Valley City Council Meeting, the City Council approved Resolution 2020-09, Proclamation of Local Emergency. The City Council shall review, at its regularly scheduled meeting until the local emergency is terminated, the need for continuing the local emergency.
Council Goals/Objectives: Continuance of the proclamation declaring a Local State of Emergency due to prepare against coronavirus COVID-19 executes portions of City Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The changing variants of COVID19 make it very difficult to anticipate the Fiscal Impact moving forward. For FY 2021/22, it appears the impacts will be minimal compared to previous years, but due to the constantly changing impacts of COVID-19 the actual fiscal impact may change.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: None
Item # 3.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 1/25/2022 Date Prepared: 1/19/2022 Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of Emergency Proclamation that declared that a State of Emergency to exist in California due to severe drought conditions to include 41 counties, including Nevada County. The Proclamation directed state agencies to partner with local water suppliers to promote conservation through the Save Our Water campaign, a critical resource used by Californians during the 2012-2016 drought. Some municipalities have already adopted mandatory local water-saving requirements, and many more have called for voluntary water use reductions.
Nevada Irrigation District (NID) declared a drought emergency throughout the District’s service area on April 28, 2021, which includes portions of the City of Grass Valley, and requested that customers conserve 10 percent of their normal water usage. Both NID and Nevada City have now mandated at least 20% conservation requirements.
On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local emergency due to drought conditions and No.2021-42 mandating water conservation.
All treated Water Customers are required to reduce water use by 20%.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact to the Water Fund should minor, but if the drought continues for several years the impact could be more significant.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 1/25/2022 Date Prepared: 1/19/2022 Agenda: Consent
Background Information: Due to conditions of extreme peril to the safety of persons and property have arisen within the City of Grass Valley, caused by the winter storm of December 26 and 27, 2021 which has cut power, downed trees, blocked roads and created other hazards to health and human safety commencing on or about 12:00 midnight on the 26th day of December, 2021, at which time the City Council of the City of Grass Valley was not in session. The city found it necessary to proclaim the existence of a local emergency throughout the city.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact of the December 2021 Storm is being estimated at $590,000 for City related property and public right of way. Hopefully, about 75% of these cost should be reimbursable due to the County of Nevada and the State of California declaring a State of Emergency for our area.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Second Reading of Ordinance 812 Amending Chapter 8.24 (Garbage Collection and Recycling) of the City of Grass Valley Municipal Code to ensure compliance with Senate Bill 1383 mandates.
Recommendation: That Council conduct the second reading, by title only, of Ordinance 812, which amends Chapter 8.24, Garbage Collection and Recycling.
Prepared by: Thomas Last, Community Development Director Council Meeting Date: 1/25/2022 Date Prepared: 1/18/2022 Agenda: Consent
Background Information: On January 11, 2021, the City Council conducted a public hearing and introduced an ordinance to approve amendments to Chapter 8.24 of the Municipal Code. The amendments are required to implement the mandatory organic recycling requirements in Senate Bill 1383. A second reading is required to finalize the amendments.
Council Goals/Objectives: This action implements a state unfunded mandate that does not implement any specific goal or project in the Strategic Plan.
Fiscal Impact: These amendments are state unfunded mandates, and the City will need to fund implementation through its General Fund, fees, and/or with fines.
Funds Available: TBD Account #: TBD
Reviewed by: __ City Manager
Attachments: Ordinance 812
Item # 6.
1 ORDINANCE NO. 812
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRASS VALLEY REPEALING AND
REPLACING CHAPTER 8.24 OF THE GRASS VALLEY
MUNICIPAL CODE RELATED SOLID WASTE
Be it ordained by the council of the City of Grass Valley:
SECTION 1. CODE AMENDMENT. Chapter 8.24 of the Grass Valley Municipal Code is repealed and replaced as shown in Attachment 1.
SECTION 2. CODE AMENDMENT. California State Mandates. Assembly Bills 939 (1989), 341 (2011), 1826 (2014) and Senate Bill 1383 (2016), created a series of mandates that local jurisdictions must implement to increase recycling efforts and to reduce organic materials into landfills. The code amendments in this Ordinance are taken to reflect the requirements in these four bills.
SECTION 3. CODE AMENDMENT. CEQA Findings. This Ordinance is exempt under the California Environmental Quality Act (CEQA) Guideline Sections 15061(b)(3) and 15308 because it can be seen with certainty that the enhanced solid waste regulations, as provided in this Ordinance, will not have a significant effect on the environment and the new requirements, which strengthen the rules for handling of solid waste, represent actions by the City for the protection of the environment. Furthermore, this ordinance is consistent with the goals of the California State Assembly Bills 939, 341, and 1826, and Senate Bill 1383.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect 30 days after its adoption under Article VII, § 2 of the Grass Valley City Charter.
Item # 6.
2 SECTION 6. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.
INTRODUCED and first read at a regular meeting of the City Council on the 11th day of January 2022.
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting thereof held on the 25th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
________________________________
Ben Aguilar, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk
Item # 6.
Attachment 1
Title 8 - HEALTH AND SAFETY
Chapter 8.24 GARBAGE COLLECTION AND RECYCLING
Grass Valley, California, Code of Ordinances Created: 2021-07-16 15:38:40 [EST] (Supp. No. 4)
271237.1
Chapter 8.24 GARBAGE COLLECTION AND RECYCLING
Sections:
Article I. Solid Waste
8.24.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
"Authorized collector" means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract, franchise, or permit with the city to collect, remove or dispose of solid waste generated in the city..
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “CalRecycle” means California’s Department of Resources Recycling and Recovery, which is charged with implementing and enforcing the Act.
“City” means the City of Grass Valley, the City Manager, or their designee which may include other city employees.
“Collection” shall mean the operation of gathering together and transporting to the point of disposal any garbage or refuse.
“Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this chapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).
"Compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Construction and demolition debris" or "C&D" means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.
“Container” means a durable, corrosion-resistant, non-absorbent, leak-proof, watertight, odor-proof, rodentresistant box, barrel, bin, canister, cart, dumpster, receptacle or other approved device used for the purpose of holding solid waste for collection.
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"Designated collection location" means curbside or other place designated in the contract between the city and an authorized collector from which the authorized collector has contracted to collect solid waste. “Designee” means a person or entity that the City designates, contracts with, or otherwise arranges to carry out any of the City’s responsibilities of this chapter authorized in 14 CCR Section 18981.2. A Designee may be a government employee or entity, a private entity, a franchised collector, or a combination of those entities. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action” means an action of the relevant Enforcement Agency to address non-compliance with this chapter including, but not limited to, issuing abatement notices, administrative citations, fines, penalties, or using other remedies as authorized by Title 1 of the Grass Valley Municipal Code. “Enforcement Agency” or “Enforcement Agent” means any person or entity authorized or directed by the City Manager to enforce any provision of this code, including any peace officer. Employees and agents of an Enforcement Agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the City. The City is an Enforcement Agency for all Sections of this chapter. The City may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including the County of Nevada Environmental Health Department. In addition to any other powers conferred upon him/her by this code or by any other law, an Enforcement Agency shall have the authority to issue a notice to appear, (per Penal Code Section 948), or issue a notice of violation, as described in Title 1 of this code, if the Enforcement Agency has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.
“Excluded Waste” means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including land use restrictions or conditions, including but not limited to: waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in the reasonable opinion of the City or its Designee would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City or its Designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources Code. Excluded Waste does not include used motor oil and filters, or other materials defined as allowable materials for collection through the City’s collection programs and the Generator or customer has properly placed the materials for collection pursuant to instructions provided by the City, Authorized Collector or the Franchised Collector providing service to the Generator. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
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(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scrapes” means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. “Food Service Provider” is a Tier 1 Commercial Edible Food Generator and means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Food Waste” means Food Scraps and food soiled paper.
“Franchised Collector” means such persons, firms or corporations collecting and delivering for disposal, recycling or processing Solid Waste (other than Solid Waste generated by a permitted building project) originating in the City and doing so under a franchise agreement with the City. “Garbage” means those elements of the Solid Waste stream designated for the “Garbage Container”, and excludes hazardous waste, Excluded Waste, materials designated for the “Organics Container” or “Recycling Container” or materials which have been separated for reuse. “Garbage Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Garbage. “Generator” means a person or entity that is responsible for the initial creation of Garbage, Organic Waste or Recyclable Materials.
“Grocery Store” is a Tier 1 Commercial Edible Food Generator and means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where an enforcement agent reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35)
“Multi-Family Residential Dwelling” or “Multi-Family” means for the purpose of implementing this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises are considered a distinct type of Commercial Business for the purposes of implementing SB 1383 requirements.
Consistent with SB 1383 Regulations, residential premises that consist of fewer than five units are not “MultiFamily” and instead are “Single-Family” for the purposes of implementing this chapter. Multi-Family premises do
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not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses that are not Multi-Family Residential Dwellings.
“Organics Container” has the same meaning as “Green Container” in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste designated for Compost processing, including Food Waste and landscape and pruning waste accepted in the City’s Organic Waste Collection program, and other organic materials as determined by the City as acceptable for the Organics Container “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Scraps, food soiled paper, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic Waste does not include Rigid Compostable Plastic.
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Person” shall include any individual, firm, company, corporation, or public entity or other organization. “Premises” means any real property or estate which may be devised or granted by deed. “Prohibited Container Contaminant” includes all of the following: (i) materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recycling Container; (ii) materials placed in the Organics Container that are not identified as acceptable Source Separated Organic Waste for the City’s Organics Container; (iii) materials placed in the Garbage Container that are acceptable Source Separated Recyclable Materials and/or acceptable Source Separated Organic Waste that can be placed in the City’s Organics Container and/or Recycling Container; and, (iv) Excluded Waste placed in any container. “Property Owner” means the owner of real property.
“Recycling Container” has the same meaning as “Blue Container” in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. “Recyclable Materials” has the same meaning as Source Separated Recyclable Materials below. "Recycling" means the process of collecting and forming used products into new products by reprocessing or remanufacturing them.
“SB 1383” means Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016. “SB 1383 Regulations” means or refers to, for the purposes of this Ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-hauler” means a generator who transports its own Solid Waste by using a vehicle owned by that generator and driven by the generator or the generator’s employees, rather than the Franchised Collector. Selfhauler also includes a person or entity who back hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).
“Single-Family” means, of, from, or pertaining to any residential premises with fewer than five (5) units for the purposes of implementing this chapter.
“Solid Waste” means Garbage, Recyclable Materials, and Organic Waste and has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D
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wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code. “Source Separated” means materials that have been kept separate from other materials in the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
“Source Separated Organic Waste” means those organics that can be placed in a Organics Container for Compost processing, including Food Scraps, food soiled paper and landscaping and pruning waste, and any other items as determined by the City. The franchised collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the Organics Container. “Source Separated Recyclable Materials” means the same thing as “Recyclable Materials” and includes those Recyclable Materials that can be placed in the Recycling Container including but not limited to, glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products, printing and writing paper, and cardboard, and any other items as determined by the City. The franchised collector may, in its discretion, designate additional categories of nonhazardous or toxic materials accepted in the Recycling Container. “Supermarket” is a Tier 1 Commercial Edible Food Generator and means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a) and as amended:
(4) Supermarkets with gross annual sales of $2,000,000 or more, or as defined in 14 CCR Section 18982(a)(71).
(5) Grocery store with a total facility size equal to or greater than 10,000 square feet, as defined in 14 CCR Section 18982(a)(30).
(6) Food Service Provider which means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(7) Wholesale food vendor which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76)
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(8) Food Distributor which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores or as otherwise defined in 14 CCR Section 18982(a)(22). “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, or as otherwise defined in 14 CCR Section 18982(a) and as amended:
(1) Restaurant which means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64) and which has 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site food facility and 200 or more rooms or as otherwise defined in 14 CCR Section 18982(a)(74)(B).
(3) Health facility with an on-site food facility and 100 or more beds, or as otherwise defined in 14 CCR Section 18982(a)(73)(C).
(4) Large Venue, which means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR Section 18982(a)(39). For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
(5) Large Event, as defined in 14 CCR Section 18982(a)(38) means an event that serves an average of more than 2,000 individuals per day of operation of the event and either: 1) charges an admission price; or 2) is operated by a local agency.
(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A local education agency, which means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40), and which has an on-site food facility.
8.24.020 Detrimental material not allowed in neighborhoods.
It is unlawful and a nuisance, subject to abatement by the police department, for any person or entity to bring onto or place on any residential area, or to allow to be kept thereon, such materials whether on wheels or in place, which of their very nature will have a known physical detrimental effect upon the human senses and general well-being of the people residing in such area. This shall exclude the normal collection of solid waste in the exercise of the contract as franchised collector, provided the collection is done in a sanitary manner and in full compliance with the terms and conditions of the contract.
8.24.030 Littering.
No person or entity shall throw or deposit any solid waste, or cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or any bus, public conveyance or public building, or throw or deposit the same in or upon any vacant lot or backyard, or store or keep the same otherwise than in cans or receptacles as required by this chapter. It shall be unlawful to have, store, deposit or keep solid waste where rats can have access thereto or feed thereon.
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8.24.040 Approved containers.
A. Every property owner, tenant, lessee or occupant of any premise in the city shall make available and at all times shall keep within such building, or on the lot on which such building is situated, suitable and sufficient watertight containers provided by the franchised collector, for receiving and holding without leakage or escape of odors, and without being filled to within four inches of the top, all the solid waste which would ordinarily accumulate on such premises within one week's time.
8.24.045 Unlawful use of containers.
A. It is unlawful for any person to dump or place any material into, or to utilize, any container without the express consent of the owner or lessee of the container or unless a notice has been placed on the container denoting that it is for the use of the public.
B. It is unlawful for any person, without the consent of the owner or lessee of the container, to enter into, or access, a container, whether or not a notice has been placed on such container, for the purpose of salvaging garbage, recyclable material or organic waste therein or for the purpose of utilizing the container to rest or sleep therein.
8.24.060 Container capacity.
A. Garbage containers for single-family premises, shall have a capacity of not less than ten gallons nor more than ninety-six gallons; and garbage containers at all other places including commercial businesses shall each have a capacity of not less than ten gallons.
B. Generators shall arrange for a size, quantity and collection frequency of containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
8.24.070 Weekly collection.
All solid waste containers required by this chapter shall be emptied by the authorized collector at least once each week, or as otherwise directed by the city in the contract with the franchised collector.
8.24.080 Placement for collection.
A. Commercial containers required by this chapter for receiving solid waste shall be so placed as to be readily accessible for removing and emptying by the collector.
B. On the day for collection, residential containers required by the chapter, shall be placed on the portion of the resident's real property nearest the public right-of-way which is readily accessible for removing and emptying by the authorized collector. All persons who are physically unable to place such containers as required in this section shall be exempt from this requirement.
C. No container for receiving solid waste, shall be placed on any street, alley, sidewalk, footpath, or any public place, except in accordance with rules and regulations established under this chapter or an arrangement made with the City in consultation with the franchised collector for an alternate collection location. At no time shall such containers in any way be offensive to human senses or a public nuisance.
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8.24.090 Mandatory use of containers.
No person shall keep, place or deposit solid waste including recyclable materials, organic waste or garbage on any private grounds or premises whatsoever, except in accordance with the rules and regulations established under this chapter. Persons approved to self-haul under Section 8.24.280 may keep, place or deposit solid waste including recyclable materials, organic waste or garbage for the purposes of separating recyclable materials and organic waste generated on-site prior to hauling organic waste to a High Diversion Organic Waste Processing Facility.
8.24.100 Contract for solid waste collection.
A. For the purpose of carrying out the provisions of this chapter, the city council, unless otherwise provided by resolution that the work be done by the city, shall provide for the entering into a contract with any suitable and responsible person for a term of years, not to exceed the maximum term set forth in Article XII of the Grass Valley Charter, as it may be amended from time to time, for the exclusive right to collect solid waste including recyclable materials, organic waste and garbage within the city, which person shall be known and designated as the franchised collector.
B. An authorized collector providing single-family, commercial, organic waste collection service to generators within the City shall meet the following requirements and standards in connection with collection of organic waste and recyclables:
(1) Through written notice or written report to the City annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.
(2) Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (3) Obtain approval from the City to haul organic waste, which can be through a franchise agreement or contract, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
8.24.110 Collection of fees.
The contract executed pursuant to this chapter shall provide that the franchised collector shall have the right to collect and receive the collection charges and fees provided in this chapter for the collection of garbage, recyclable material and organic waste in the city and no more, as and for his sole compensation.
8.24.120 Exclusivity to contractor.
At such time as there is in force a contract entered into by the city and any person or entity for the collecting and removal of garbage, recyclable material and organic waste in the city, it shall be unlawful for any person or entity other than the contractor having such contract, or his employees, to collect within the city, dispose of or transport, carry or convey through the streets, alleys, or public thoroughfares of the city, any garbage, recyclable material or organic waste or other matter offensive to the sight, or to interfere in any manner with any containers, or to remove such containers after they are placed by the lessees or owners thereof. This shall not prevent selfhaulers in the City (City to be the City limits as they exist on 1/1/21 and includes any subsequent annexations of
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land into the city limits from collecting, removing, or transporting their own solid waste in accordance with Section
8.24.280, but shall not allow such self-hauler to provide such services for pay.
8.24.130 Duty of collector.
It shall be the duty of the franchised collector to gather, collect and dispose of, by dumping, , distributing or sale, all solid waste within the city in a manner satisfactory to the city council, Section 8.24.100 and applicable laws.
8.24.140 Collector to furnish vehicles, equipment.
The franchised collector shall furnish at his own expense all the vehicles and all other equipment necessary for the collection and removal of solid waste in accordance with the provisions of this chapter; provided, that all such vehicles and equipment shall first be approved by the City.
8.24.150 Fees, rates and charges.
All solid waste service collection fees, charges, and rate schedules which are set by the city's franchised collector through the contract for solid waste collection described in subsection 8.24.100, shall not exceed the ceiling for such fees and charges as established and fixed by resolution; such resolution may be amended from time to time, upon majority vote of the city council.
8.24.160 Regulations governing collections.
The City manager, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection of solid waste in the city. Such rules and regulations, when published, shall become a part of this chapter, and any person violating any such rules shall be subject to the penalty provided for the violation of this chapter.
Article II. Recyclable Materials, Organic Waste and Edible Food Recovery
8.24.170 Purpose.
A. The city council finds and determines that a municipal program for the collection and recycling of recyclable materials and organic waste within the city and the licensing of persons engaged therein, is in the public interest and serves to promote the general welfare of the city.
B. This article is enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall recyclable material and organic waste collection service program for the citizens, businesses and institutions of the city.
C. It is also recognized that the recyclable material and organic waste collection service program established in this article may be victimized by unauthorized scavengers and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic interest of the city at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this article to define clear ownership of recyclable materials and organic waste and to provide for the protection of those ownership rights.
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8.24.180 Container requirements.
A. Pursuant to the terms and conditions of any exclusive contract between the city and the authorized collector, the authorized collector shall provide suitable and sufficient containers to store source separated recyclable materials and source separated organic waste for each premise to be made available for curbside pickup. The color, style and markings of the containers shall be determined by the authorized collector and subject to approval by the City.
B. All such containers shall be and remain the property of the authorized collector, and shall not be used for any purpose other than the separation and curbside placement of recyclable materials and organic waste.
Participating persons relocating out of the city shall leave all containers at the premises.
C. It is the duty of every generator in the city to maintain containers in a reasonably safe and secure manner; and all such containers shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.
8.24.190 Authority to administer.
The city manager is empowered and directed to administer the provisions of this article, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. The city manager shall further administer the provisions of this article subject to the terms of any agreement entered into by the city pertaining to recyclable material and organic waste collection and/or recycling, as such agreements may from time to time be amended. In the event that any provision of any such agreement is inconsistent with any provision of this article, the provisions of this article and this code shall prevail.
8.24.200 Ownership of recyclable material and organic waste.
Upon the collection of recyclable material and organic waste at a designated collection location by an authorized collector, the recyclable material and organic waste shall become the property of the authorized collector.
8.24.210 General requirements.
A. It is unlawful for any person to keep, deposit, bury or dispose of any recyclable material or organic waste, except as in this article provided, in or upon any private or public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters of it; and every person in the city who disposes of recyclable material or organic waste shall dispose of same only in the manner provided in this article.
B. The City’s designated enforcement agency is authorized to administer a SB 1383 permit system to monitor compliance with the requirements of this article. Generators are required to obtain an SB 1383 permit and pay associated application or enforcement fees, should such fees be incurred.
8.24.220 Collection service.
A. A recyclable material and organic waste collection service program is established and shall be available to all persons, residents, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable material and organic waste within the city under this program.
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B. Every single-family dwelling unit or commercial business (throughout this chapter, commercial business includes multi-family residential dwellings of five (5) or more units, unless otherwise excluded) in the city), except those single-family generators who meet the self-haul requirements contained in Section 8.24.280 of this chapter, shall be required to subscribe with the authorized collector for, recycling container and organics container collection; comply with the relevant sections of this chapter, state law and local ordinances; and to pay for the collection and disposal of such containers, unless commercial business owner receives a waiver as provided in this chapter.
C. No provision of this chapter shall be construed to prevent any person from self-hauling their own waste in their own vehicles or composting in the rear yard of their residence, provided that such composting does not constitute a nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this chapter limit the right of any person to donate or sell recyclable materials.
D. Recyclable material and organic waste for donation, sale or collection by or to any person or entity other than the authorized collector, may not be stored or transferred by use of the containers described in this article, or any other containers used for recycling provided by the authorized collector. Storage of recyclable materials and organic waste at the designated collection location other than for pickup by the authorized collector as defined in this article, is prohibited.
8.24.230 Separation of recyclable materials and organic waste.
Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.
A. All generators in the city, except those that meet self-hauler requirements set forth in this chapter or Commercial Businesses that obtain a waiver pursuant to requirements in this chapter shall:
(1) Prepare and separate those recyclable materials and organic waste that the city has contracted to pick up by the authorized collector from other garbage and solid waste as required in this section, and thereafter have the separated recyclable materials and organic waste placed within containers as required by this article, or within the designated collection location, which shall be collected by the authorized collector.
(2) Participate in the collection services provided by the authorized collector, by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in containers. Generators shall place source separated organic waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. The franchised collector may, in its discretion, designate the categories of nonhazardous or toxic materials accepted in the organics container, recycling container or garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.
(3) Place recycling containers and organics containers for single-family residential premises at curbside for collection by the authorized collector; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collection. (4) Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.
(5) Recycling containers and organics containers for multi-family, commercial and/or institutional locations shall be of a size and serviceability agreed to by the parties and thereafter placed at the
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designated collection location. Generators shall arrange for a sufficient number of such containers to adequately store all source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
(6) Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws. (7) Organic waste may be fed to animals on the premises where such organic waste is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
B. In addition to the requirements in Section A above, commercial businesses shall also:
(1) Commercial business owners including multi-family, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in B (2)(a) and (b) or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter. (2) Commercial business that are not multi-family residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the Premises (“User Disposal Containers”). Such User Disposal Containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of User Disposal Container, then the business does not have to provide that particular type of container in all areas where User Disposal Containers are provided. Pursuant to 14 CCR Section 18984.9(b), the User Disposal Containers provided by the business shall have either:
(a) A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organics containers. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
(b) Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and
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primary materials prohibited in the container. The container labeling requirements are required on new containers commencing January 1, 2022.
8.24.240 Commercial education and outreach requirements.
All commercial business owners are required to:
A. Excluding multi-Family residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, organics container, and garbage container collection service.
B. Excluding multi-family residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
C. Including multi-family residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the City or designee, upon request.
D. Including multi-family residential dwellings, provide information before or within fourteen (14) days of new occupation of the premises to new tenants and no less than fourteen (14) days before tenants move out of the premises, unless a tenant does not provide fourteen (14) or more days’ notice to before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.
E. Including multi-family residential dwellings, prominently post and maintain one or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.
8.24.250 Waivers.
A. De minimis waivers. The City or enforcement agency may waive commercial business’ obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material, (de minimis) as described below.
A commercial business requesting a de minimis waiver shall:
(1) Submit an application to the City or enforcement agency specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.
(2) Provide documentation with the de minimis waiver application that either:
(a) The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recycling container or organics container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
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(b) The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recycling container or organics container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) For the purposes of subsections (2) (a) and (b) above, total solid waste shall be the sum of weekly garbage, source separated recyclable materials, and source separated organics container organic waste measured in cubic yards.
(4) If the de minimis waiver is granted, notify the City or enforcement agency granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded. (5) If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the City or enforcement agency every five (5) years.
B. Physical space waivers. The City or enforcement agency may waive a commercial business’ or property owner’s obligation to comply with some or all of the organic waste collection service requirements of this chapter if the enforcement agency has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter.
A commercial business or property owner requesting a physical space waiver shall:
(1) Submit an application to the City or enforcement agency specifying the service or requirements for which it is requesting a waiver.
(2) Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency.
(3) If the waiver is granted, the commercial business or property owner, shall notify the City if the commercial business’ physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.
(4) If the waiver is granted, the commercial business or property owner shall provide written verification to the City of continued eligibility for a physical space waiver every five (5) years.
C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.
D. Upon the determination of the City or enforcement agency a written notification of the approval or denial of a waiver shall be issued to the applicant.
8.24.260 Commercial Edible Food Generator requirements.
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A. Tier one commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3, or such later deadline established by State law or regulations.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024, or such later deadline established by State law or regulations.
C. Commercial edible food generators shall comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with food recovery organizations or food recovery services for: (i) the collection for food recovery of edible food that would otherwise be disposed; or (ii) acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery. (3) Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organizations or food recovery services on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organizations or food recovery services.
(4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code. (5) Not intentionally spoil edible food that is capable of being recovered by a food recovery organizations or food recovery services
(6) Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each food recovery organizations or food recovery services that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(b) A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
(c) A record of the following information for each of those food recovery organizations or food recovery services:
(i) The name, address and contact information of the food recovery organizations or food recovery services.
(ii) The types of food that will be collected by or self-hauled to food recovery organizations or food recovery services.
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(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery organizations or food recovery services for food recovery.
(8) If it has not entered into a contract or written agreement with food recovery organizations or food recovery services, a record that describes (i) its direct donation of edible food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus edible food that it can donate.
(9) Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in C(7)(c). Entities shall provide the requested information within sixty (60) days of the request.
D. Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or (2) otherwise applicable food safety and handling laws and regulations.
E. Nothing in this chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
8.24.270 Food Recovery Organizations and Service requirements.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people. (3) The quantity in pounds of edible food transported to each food recovery organization per month. (4) The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
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(2) The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people. (3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations or food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators shall report to the City, or its enforcement agency, the total pounds of edible food recovered from the tier one commercial edible food generators and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those commercial edible food generators are located in the City) according to the following schedule:
(i) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and
(ii) no later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.
C. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the City shall provide, upon request, information and consultation to the City and Nevada County regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the City and County and commercial edible food generators. A food recovery service or food recovery organization contacted by an enforcement agency shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the enforcement agency.
8.24.280 Self-hauler requirements.
Self-haulers shall:
A. Source separate their recyclable materials and organic waste generated on-site from solid waste in a manner consistent with this section or haul organic waste to a High Diversion Organic Waste Processing Facility.
B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a High Diversion Organic Waste Processing Facility; and haul their garbage to a fully permitted solid waste facility.
C. Self-haulers, which are commercial businesses including multi-family residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five (5) years; this record shall be subject to inspection by the City.
(1) The records shall include the following information:
(a) Delivery receipts and weight tickets from the entity accepting the waste.
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(b) The amount of material in cubic yards or tons transported by the generator to each entity. (c) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses including multi-family residential dwellings, shall provide these records, upon request, to the City or designee. Self-haulers shall provide the requested information within sixty (60) days.
E. Landscapers, who self-haul organic waste generated at a customer’s site, must also meet the requirements in this section.
F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.
8.24.290 Unauthorized collection prohibited.
It is unlawful for any person other than an authorized collector to remove recyclable material or organic waste which has been placed at a designated collection location.
8.24.300 Individual may dispose of recyclables.
Nothing in this article shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable material and organic waste; provided, that any such disposal is in accordance with the provisions of this article.
8.24.310 Theft of authorized receptacle.
Theft or the unauthorized diversion from its designated purpose of any designated recycling container or organics container of an authorized collector constitutes a misdemeanor and shall be punishable as such.
8.24.310 Inspections and investigations.
A. The city manager shall be designated as an enforcement agent for purposes of enforcing this chapter. Said enforcement agent may deputize one or more employees of the city to carry out the duties of enforcement agent.
B. The City and enforcement agent is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include Inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for Inspection. For the purposes of inspecting commercial business containers for compliance, the City or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.
C. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of the interior a private residential dwelling unit) and shall cooperate with
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the City or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter, inspection of County-run transfer stations, McCourtney Road landfill and any other landfills that the County may establish or acquire. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any Inspection or investigation is a violation of this chapter.
D. Any records obtained by the City or designee during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
E. The City or designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this chapter. Written complaints may be submitted using the city form for code complaints.
8.24.270 Violations, enforcement and penalty.
A. Any section of this chapter may be enforced by the City, or, if agreed to, by another enforcement agency designated by the City.
B. Violation of all provisions of this chapter, unless otherwise specified, shall constitute an infraction and shall be subject to enforcement action pursuant to Title 1 of the Grass Valley Municipal Code.
C. A violation of this chapter may be punishable by administrative penalty, in amounts that shall not exceed the following:
(1) For a first violation, the amount of the base penalty shall be $50-$100 per violation. (2) For a second violation, the amount of the base penalty shall be $100-$200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250-14 $500 per violation of the same provision within a 12-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law.
D. The maximum penalties described in subsection (C) of this section shall be increased automatically if the maximum penalties established 14 C.C.R. section 18997.2 are amended.
E. Nothing in this section shall be construed as preventing the City from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this Section.
F. Any person engaged in the unauthorized collection or theft of recyclable materials or organic waste is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars or incarceration in the county jail for a period not to exceed six months or both.
G. As an alternative to criminal enforcement, both the city and the authorized collector have the independent authority to civilly enforce any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them whenever he or she deems it appropriate.
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Hinderliter de Llamas & Associates (HdL) Sales, Use and Transactions Tax Services Contract Amendment
Recommendation: It is recommended that the City Council adopt Resolution No. 2022-05 approving a contract amendment between the City of Grass Valley and Hinderliter de Llamas & Associates (HdL) for Sales, Use and Transactions Tax Services
Prepared by: Andy Heath
Council Meeting Date: 01/25/2022 Date Prepared: 01/13/2022 Agenda: Consent
Background Information: Hinderliter de Llamas & Associates (HdL) has provided sales, use and transactions tax audit and information services to the City since 2001.
This contract has allowed HdL to work the State of California Department of Tax and Fee Administration (CDTFA) to monitor sales tax records and identify misallocations of sales tax to other jurisdictions, while also providing in depth quarterly analysis on sales taxes received by the City. Since 2001, HdL’s team of consultants have provided a high level of sales tax expertise and auditing services, working to assure the City regularly receives it’s appropriate share of sales tax.
The City currently collects two components of sales, use and transactions tax – (1) the local 1% share provided to all incorporated cities, and (2) the Measure E 1% transactions tax. Although HdL’s current contract provide allows for the provision of sales tax services for the local 1% share, it does not allow such services for the Measure E transactions tax. As such, a contract amendment is required before HdL can begin providing sales tax and auditing services.
The terms and conditions in the First Amendment to the 2001 HdL contract remain the same as those noted in the stand-alone 2012 contract between the City and HdL for the Measure N 1% transactions tax. The 2012 Measure N contract became inactive with the passage of the Measure E tax on June 5, 2018. The new amended contract requires payment of $100 quarterly for sales tax services in addition to a payment of 25% of new sales tax revenues received by the City as a result of audit services provided by HdL.
Item # 7.
Council Goals/Objectives: The approval of the amended contract between HdL and the City executes a portion of the work tasks towards achieving Economic Development and Vitality; and High Performance Government and Quality Service.
Fiscal Impact: Annual costs of $400 for Measure E transactions tax administration will be borne by the Measure E Fund (Fund 200). Funds paid to HdL resulting from audits performed will be paid from new Measure E transactions taxes generated from the audits as they are collected by the City.
Funds Available: Yes Account #: Measure E Fund (Fund 200) Reviewed by: City Manager
Attachments:
- Resolution 2022-05 - Sales Tax Services Contract Amendment - First Amendment to Agreement for Sales, Use and Transactions Tax Service – City of Grass Valley and HdL
- 2001 Agreement for Sales Tax and Information Service – City of Grass Valley and HdL
Item # 7.
RESOLUTION NO. 2022-05
RESOLUTION OF THE GRASS VALLEY APPROVING A CONTRACT AMENDMENT
BETWEEN THE CITY OF GRASS VALLEY AND HINDERLITER DE LLAMAS &
ASSOCIATES (HDL) FOR SALES, USE AND TRANSACTIONS TAX SERVICES WHEREAS, the City of Grass Valley and HdL entered into an Agreement for Sales, Use and Transactions Tax services dated September 25, 2001; and WHEREAS, on June 5, 2018, the City of Grass Valley electorate passed Measure E providing for the collection of a one-percent (1%) transactions sales tax consistent with California Department of Tax and Fee Administration guidelines; and
WHEREAS, the City of Grass Valley and HdL desire to amend the 2001 Agreement for Sales, Use and Transactions Tax services by adding a provision for services related to the Measure E transactions tax;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:
1. The above recitals are true and correct and are a substantive part of this Resolution.
2. The City Council of the City of Grass Valley hereby approves the contract amendment between the City of Grass Valley and Hinderliter de Llamas & Associates (HdL) for Sales, Use and Transactions Tax Services.
ADOPTED as a Resolution of the City of Grass Valley City Council at a meeting thereof held on the 25th day of January 2022 by the following vote:
AYES: Board Member
NOES: Board Member
ABSENT: Board Member
ABSTAINING: Board Member
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Taylor Day, City Clerk Michael Colantuono, City Attorney
Item # 7.
Item # 7.
CITY OF GRASS VALLEY
FIRST AMENDMENT TO
AGREEMENT FOR SALES, USE AND TRANSACTIONS TAX SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Sales, Use and Transactions Tax Services ("First Amendment") is entered into on the day of , 2021, by and between the CITY of Grass Valley, organized under the laws of the State of California, with its principal place of business at 125 East Main Street, Grass Valley, CA 95945, ("CITY") and Hinderliter de Llamas and Associates, a California corporation, with its principal place of business at 120 S. State College Blvd., Suite 200, Brea, CA 92821 (“Consultant”). CITY and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Sales, Use and Transaction Tax Services dated September 25, 2001 ("Agreement").
2.2 First Amendment. The Parties now desire to amend the Agreement for ongoing consultation for Transaction and Use Tax Services for Measure E.
See Exhibit A for Scope of Services and Compensation for Measure E.
2.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF GRASS VALLEY HINDERLITER DE LLAMAS & ASSOC.
By: By:
City Manager Andrew Nickerson, President
APPROVED AS TO FORM:
By:
City Clerk
Item # 7.
EXHIBIT A
SCOPE OF SERVICES
A. DEFICIENCY/ALLOCATION REVIEWS AND RECOVERY
1. CONTRACTOR shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the CITY. Said reviews shall include:
(i) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “E” CITY boundaries, and therefore subject to transactions tax.
(ii) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the CITY boundaries.
(iii) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.
(iv) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “E” Transactions Tax District.
2. CONTRACTOR will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.
3. CONTRACTOR shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified, and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.
B. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT
1. CONTRACTOR shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “E” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.
Item # 7.
2. CONTRACTOR shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories.
Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.
3. CONTRACTOR shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on sales, transactions and use tax questions.
4. CONTRACTOR shall make available to CITY the HdL proprietary software program and Measure “E” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.
COMPENSATION
CONTRACTOR shall be paid $100 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. CONTRACTOR shall be paid 25% of the initial amount of new transactions or use tax revenue received by the CITY as a result of audit and recovery work performed by CONTRACTOR (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by CITY or CONTRACTOR to be increment attributable to causes other than CONTRACTOR'S work pursuant to this agreement. In the event that CONTRACTOR is responsible for an increase in the tax reported by businesses already properly making tax payments to the CITY, it shall be CONTRACTOR'S responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.
Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by CONTRACTOR and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. CONTRACTOR shall provide CITY with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.
CONFIDENTIALITY
A. Section 7056 of the State of California Revenue and Taxation Code specifically limits the disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. Section 7056 specifies the conditions under which a CITY may authorize persons other than CITY officers and employees to examine State Sales and Use Tax records.
B. The following conditions specified in Section 7056-(b), (1) of the State of California Revenue and Taxation Code are hereby made part of this Agreement:
1. CONTRACTOR is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to CITY pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law Revenue and Taxation Code section 7200 et.seq.
Item # 7.
2. CONTRACTOR is required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
3. CONTRACTOR is prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term of this Agreement.
4. CONTRACTOR is prohibited from retaining the information contained in, or derived from those sales, use or transactions and use tax records, after this Agreement has expired. Information obtained by examination of Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code.
The resolution shall designate the CONTRACTOR as a person authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
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City of Grass Valley
City Council
Agenda Action Sheet
Title: Grass Valley RV Park Resort and Annexation Project consisting of a 147 space RV Park Resort with 15 glamping spaces for short term camping and Annexation of ±45 acres into the City.
Recommendation: The Planning Commission recommends that the City Council approve the Grass Valley RV Park Resort and Annexation Project, as presented, or as modified by the City Council, which includes the following actions:
1. Adoption of a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
2. Adoption of a Mitigation Monitoring & Reporting Plan (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
3. Adoption of a Resolution Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented;
4. Adoption of an Ordinance Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
5. Adoption of Findings of Fact and Conditions of Approval for the RV Park Resort and Annexation project as presented.
Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: January 25, 2022 Date Prepared: January 18, 2022 Agenda: Public Hearing
Background Information: The Planning Commission considered the Grass Valley RV Park Resort and Annexation Project at its November 16, 2021, Planning Commission meeting.
After receiving public comment, the Planning Commission continued the public hearing to December 21, 2021, and directed staff to provide further public outreach.
A neighborhood meeting occurred at the RV Park Resort site on December 8, 2021, with the applicant providing a site plan, landscaping, and architectural exhibits. The applicant
Item # 8.
discussed the history and scope of the project to the 40+ attendees. City staff in attendance included City Manager Tim Kiser, Fire Chief, Mark Buttron and Principal Planner Lance E. Lowe.
At its continued public hearing on December 21, 2021, the Planning Commission recommended approval of the Grass Valley RV Park Resort and Annexation Project by a 4/1 vote (Motion: Vice Chair Warren-Rhodes; Seconded: Bulanti; Ayes: Coots, Bulanti, Vice Chair Warren Rhodes and Chairman Arbaugh; Noes: Robins) including the following amendments:
Prohibition of portable generators and wood burning fire pits; The removal of 3 RV spaces from 150 to 147 RV spaces; Relocation of the pond from the center of the site to north of the clubhouse; Additional bioretention areas north of the existing landmark tree; Additional berming/landscape screening areas around the perimeter of the site; An additional gated emergency ingress/egress on McCourtney Road with Knox Box; Solar panel array adjoining the southeastern property line.
See Attachments 1 and 2 for December 21, 2021, Planning Commission Staff Report and Response to Comments. See Attachment 3 for November 16, 2021, Planning Commission Staff Reports for Project Background, Project Description, Site and Environmental Setting, Public and Agency Comments, General Plan and Zoning, Economic Analysis, Analysis of Site Plan/Off Site Improvements, RV Park Tenancy, Fencing, State Housing and Community Development, Fire Service and Suppression, Sanitary Sewer, Annexation Areas, and Impact Fee Deferral/Reimbursement Agreement.
Environmental Determination: Based upon comments in Attachment 9 and the revised project, staff revised the Initial Study/Negative Declaration in Attachment 4, thereby providing additional information addressing comments received to date. The revised Initial Study need not be recirculated for public review in accordance with Section 15073.5 of the CEQA Guidelines under the following circumstances:
1. Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.
2. New project revisions are added in response to written and verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.
3. Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.
4. New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.
The revisions provided adhere to the above criteria. New information added to the Mitigated Negative Declaration merely clarifies, amplifies, or makes insignificant modifications to the Mitigated Negative Declaration.
Item # 8.
The project revisions include amendments to the site plan added in response to written comments on the project’s effects, which are not new avoidable effects and are not necessary to mitigate an avoidable significant effect.
Council Goals/Objectives: The RV Park Resort and Annexation Project executes portions of work tasks towards achieving/maintaining Strategic Plan – Economic Development and Vitality.
Fiscal Impact: The applicant has paid the City’s application processing fees. No impact to the General Fund is anticipated.
Funds Available: N/A Account #: N/A
Reviewed by: : ______Community Development Director ______ City Manager
ATTACHMENTS:
Attachment 1 – Planning Commission Staff Report dated December 21, 2021 Attachment 2 – Response to Comments
Attachment 3 – Planning Commission Staff Report dated November 16, 2021 Attachment 4 – Initial Study/Mitigated Negative Declaration Attachment 5 – Mitigation Monitoring and Reporting Plan Attachment 6 – Findings and Conditions of Approval
Attachment 7 – Resolution No. R2022-04 Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented
Attachment 8 – Ordinance No. _______ Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
ON FILE WITH CITY CLERK AND PROVIDED TO CITY COUNCIL UNDER SEPARATE COVER Attachment 9 – Project Comments
Item # 8.
/ '11^&Y
Item # 8.
^"'.
PLANNING COMMISSION
STAFF REPORT
December 21, 2021
Prepared by:
Reviewed by:
DATA SUMMARY:
Application Number:
Subject:
Location:
Applicant:
Zoning/General Plan:
Entitlements:
Environmental Status:
Lance E. Lowe, AICP, Principal Planner
Thomas Last, Community Development Director
20PLN-29
Continued Public Hearing for Grass Valley RV Park Resort and Annexation consisting of a 150 space RV Park Resort with 15 glamping spaces for short term camping and Annexation of ±45 acres into the City
11425 McCourtney Road and ±25 acres generally located
north and east of McCourtney Road/Old Auburn Road
Rob Wood, Millennium Planning & Engineering
No City Prezone/Office Professional
Sphere of Influence Amendment, Annexation, Pre-Zone,
Development Review and Use Permit
Initial Study/Mitigated Negative Declaration
RECOMMENDATION:
That the Planning Commission recommend that the City Council approve the Grass Valley RV Park Resort and Annexation Project, as presented, or as modified by the Planning Commission, which includes the following actions:
1. Adoption of a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
2. Adoption of a Mitigation Monitoring & Reporting Program (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines:
3. Adoption of a Resolution Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented;
4. Adoption of an Ordinance Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
5. Adoption of Findings of Fact and Conditions of Approval for the RV Park Resort and Annexation project as presented.
ATTACHMENT 1Page 62
Item # 8.
BACKGROUND:
On November 16, 2021, the Planning Commission held a noticed public hearing to consider the RV Park Resort and Annexation Project. After receiving written testimony and Planning Commission discussion regarding: 1) Fire Safety/Evacuation Planning; 2) Sewer and Water Services; 3) Noise Impacts; 4) Bicycle/Pedestrian/Bus Stop Linkages to Downtown; 5) Traffic Impacts; 6) City of Grass Valley 2020 General Plan Consistency/LAFCO Consistency; 7) Air Quality/Greenhouse Gas Mitigation, including fire pits and generators; 8) Aesthetics, including light and glare, fencing and landscaping buffers; 9) Economic Impact on the Fairgrounds; 10) Drainage impacts; 11) Oak Tree Preservation; and 12) Land Use Compatibility, the Planning Commission continued the public hearing to the December 21 , 2021, Planning Commission meeting and directed staff to provided additional public outreach and additional analysis regarding the aforementioned topics {Motion: Vicechair Warren-Rhoades; Seconded: Coots; Ayes:
Bulanti, Coots, Vice Chair Warren-Rhodes, and Chairman Arbaugh; Abstain: Robins}.
A Response to the Planning Commission and Public Comments to the above noted project topics 1 through 12 are attached as Attachment 2.
See November 16, 2021 , Planning Commission Staff Report for discussion of Background, Project Description, Site and Environmental Setting, Environmental Determination, Public and Agency Comments, General Plan and Zoning, Economic Analysis, Analysis of Site Plan/Off Site Improvements, RV Park Tenancy, Fencing, State Housing and Community Development, Fire Service and Suppression, Sanitary Sewer, Annexation Areas, and Impact Deferral/Reimbursement Agreement (Attachment 3 - November 16, 2021, Planning Commission Staff Report, with Attachments and Exhibits).
ANALYSIS:
Additional Public Outreach - Following the Planning Commission Public Hearing, staff contacted each of the individuals providing public comment at the November 16, 2021, Planning Commission meeting to notify them of a planned on-site neighborhood meeting.
Notices were sent out on November 29, 2021, with the on-site neighborhood meeting occurring on December 8, 2021 , from 2:30 to 5:00 p. m.
Rob Wood of Millennium Planning and Engineering provided a site plan, landscaping and architectural exhibits and discussed the history and scope of the project to the 40+ attendees. City staff in attendance included City Manager Tim Kiser, Fire Chief, Mark Buttron and Principal Planner Lance E. Lowe.
Comment letters on the project are in Attachment 9 - Project Comments.
ATTACHMENTS:
Attachment 1 - December 21 , 2021, Planning Commission Staff Report Attachment 2 - Response to Comments
Planning Commission Staff Report dated November 16, 2021 Initial Study/Mitigated Negative Declaration with the following Exhibits, Tables, and Attachments:
Attachment 3 -
Attachment 4 -
Application 20PLN-29 Planning Commission Meeting
December 21, 2021
Item # 8.
Exhibits
Exhibit A - Vicinity Map
Exhibit B - Aerial Photograph
Exhibit C - Annexation Map
Exhibit D - Site Photographs
Exhibit E - Pre-zoning Exhibit
Exhibit F - RV Park Resort Site Plan
Exhibit G - RV Space Landscaping Detail
Exhibit H - RV Park Landscaping Plan
Exhibit I - Architectural Elevations
Exhibit J - Monument Sign Designs
Exhibit K - Phasing Map
Tables
Table 1 - Assessor's Parcel Numbers
Table 2 - Project Construction and Operational Emissions Estimates Table 3 - Predicted On-site Truck Circulation Noise Levels at the Nearest Existing Residential Uses
Table 4 - Predicted Air-Conditioning Unit Noise Levels from Nearest RV Sites Table 5 - Predicted Cumulative Air-Conditioning Unit Noise Exposure from Nearest Sites
Table 6 - Predicted Guest Outdoor Conversation Noise Levels from Nearest RV or Clamping Sites
Table 7 - Predicted Cumulative Guest Outdoor Conversion Noise Exposure from Nearest 5 Sites
Table 8 - Predicted Swimming Pool Activity Noise Levels at the Nearest Existing Residential Uses
Table 9 - Predicted Dog Park Noise Levels at Nearest Residential Uses Table 10 - Vibration Source Levels for Construction Equipment and Predicted Levels at 60 feet
Table 11 - Trip Generation Forecasts
Table 12 - Existing Peak Hour Levels of Service at Intersections Table 13 - Project Vehicle Miles Traveled
Attachments
Attachment 1 - Project Plans dated October 2020
Attachment 2 - Wetlands and Water Features Map
Attachment 3 - N1 D Potential Wetlands Delineation Map
ATTACHMENTS
Attachment 5 -
Attachment 6
Attachment 7 -
Mitigation Monitoring and Reporting Plan
Findings and Conditions of Approval
Resolution No. 2022-_Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented
Attachment 8 - Ordinance No. Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
ON FILE WITH CftY CLERK AND PROVIDED TO CITY COUNCIL UNDER
SEPARATE COVER
Attachment 9 - Project Comments
Application 20PLN-29 Planning Commission Meeting
December 21, 2021
Item # 8.
RESPONSE TO COMMENTS
In response to the comments received on the RV Park Resort and Annexation Project (20PLN29), staff offers the following for Planning Commission and City Council consideration. The following pages identify the environmental comments/concerns received followed with a staff response addressing each of the specific environmental issues raised including: 1) Fire Safety/Evacuation Planning; 2) Sewer and Water Services; 3) Noise Impacts; 4) Bicycle/Pedestrian/Bus Stop Linkages to Downtown; 5) Traffic Impacts; 6) City of Grass Valley 2020 General Plan Consistency/LAFCO Consistency; 7) Air Quality/Greenhouse Gas Mitigation, including fire pits and generators; 8) Aesthetics, including light and glare, fencing and landscaping buffers; 9) Economic Impact on the Fairgrounds; 10) Drainage impacts; 11) Oak Tree Preservation; and 12) Land Use Compatibility.
The referenced information is taken from the Initial Study/Negative Declaration with supplemental analysis supporting the conclusions contained in the Initial Study/Mitigated Negative Declaration prepared for the project (SCH#2021090541).
1. Fire Safet /Evacuation Plannin -
The City's Fire Chief, Mark Buttron, provided an analysis of the City's Services and Fire Evacuation Planning for the area including Wildfire Response, Determining Evacuation for Wildfire and Evacuation Routes:
VWIdfire Response - The City of Grass Valley and immediate surrounding areas benefit from strategically located fire stations and response agreements with the City's partner emergency response agencies. Grass Valley Fire Station No. 1 is ±0. 7 miles from the proposed RV Park and can be dispatched to the site in ±2 minutes or less during the day under normal traffic conditions. Dispatch service may take longer at night if crews are asleep.
Additionally, the City has automatic aid agreements with neighboring fire agencies and a boundary drop agreement with Nevada County Consolidated Fire Department. These agreements leverage all the resources of the agencies in response to fires locally. Wildfire responses are a combination of City, County and Cal Fire resources initially with additional resources upon request of the Incident Commander, which had occurred in local incidents this year.
Dispatch Levels determine the response to a wildland fire including Medium and High Dispatch Levels:
. Medium Dispatch Level - 7 Fire Engines, 1 Water Tender, 1 Dozer, 1 Hand crew, 2 Battalion Chiefs, 2 air tankers, 1 helicopter, 1 air tac.
. High Dispatch Level - 9 Fire Engines, 1 Water Tender, 2 Dozers, 2 Hand crews, 2 Battalion Chiefs, 2 air tankers, 1 helicopter, 1 air tac.
Moreover, on a regional level, Grass Valley and Cal Fire entered into a Mutual Threat Zone agreement in 2019 that leveraged the resources of both agencies and partner agencies in response to wildfires. The agreement includes Cal Fire aircraft from the Grass Valley Air Attack Base located at the Nevada County Airport, ±4.2 miles from the proposed RV Park. Initial ATTACHMENT 2
Item # 8.
response to the area for wildfires could include up to 9 fire apparatus, bulldozers, hand crews, aircraft, and Chiefs.
Determining Evacuation for Wildfire - Multi agency coordination of Fire and Law Enforcement officials at the incident will determine areas to be evacuated depending on the location of the incident, its behavior, and expected progression. This is an ongoing process throughout the incident to provide as much notice as possible to areas potentially affected by an approaching fire. Typically, local law enforcement will be responsible for conducting evacuations especially in the early stages of a fire. Notification to the affected area may come in several forms including:
- Use of Hi-Lo sirens by law enforcement or fire agencies. This notification is specifically intended for the immediate threat to life during the initial stages of a fire. - Code Red. An opt-in notification system used by Nevada County Office of Emergency Services. Visit www. m nevadacount. com to register.
- Wireless Emergency Alert (WEA). No registration required. This system uses your cell phone location to determine your proximity to an area under an Evacuation Order or Evacuation Warning Local Media/Emergency Alert System.
Evacuation Routes -
Emergency Officials will
determine evacuation routes
out of the impacted area
based on the incident and
other factors. Normal traffic
patterns and traffic rules may
be altered to aid in the
evacuation. Specifically, four
out of town evacuation
routes from the RV Park are
in proximity to the project:
Old Auburn Road south
- McCourtney Road
southwest
- Highway 20 west/east
- Highway 49 north/south
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McCourtney Road, leading " '8uy ^^ ^ <^
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49 access points, is a twolane road with center turn lane and shoulders on each side. Evacuation traffic flow could be configured to exit in two lanes allowing opposing traffic (emergency equipment) access to the area without hindering evacuation.
RV Park Resort & Aimexation Project
Response to Comments
City of Grass Valley
December 21, 2021Page 66
Item # 8.
Highway 20 and hlighway 49 are within ±0.6 miles from the property. Shoulders allow for breakdowns to be pushed to the side of the road.
Based on the location of the fire and its behavior, shelter in place may also be an option for the project. This option may be chosen if the fire can be contained to protect structures/facility. The Fire Department has witnessed this recently with the Bennett and Dorsey Fires. It is sometimes safer to shelter and protect rather than place people and vehicles on the roadways. Use of the fairgrounds for a shelter in place or safe refuge area is also possible, however, if the fire is anticipated to impact the RV Park, the Fairgrounds is also likely to be impacted.
The pace of an evacuation, if ordered, is different for each person. The City's Fire Department witnessed this locally and in other areas for not only fires but other emergencies. Should the RV Park Resort be at full capacity, 150 RVs/15 glamping vehicles will not all be on the road at one time as the evacuation pace for each person varies.
If a fire is in proximity to the RV site and an Evacuation Order has been given, it is expected that people will leave in a mode of transport that affords them the quickest opportunity for evacuation.
Arranging a shuttle such as a bus would be logistically difficult and potentially slow an evacuation of people as they wait for a shuttle, so this is not advised.
2. Sewer and Water Services -
Sanitary sewer will be provided by City of Grass Valley upon annexation. The closest tie-in to the City's sewer system is approximately ±2000 feet from the site, near the Brighton StreeVMcCourtney Road intersection. A pump station will be constructed on the RV Park Resort site with a combination of force main/gravity to be installed from the project site to the City's existing sewer system.
Sewer connection fees are collected with the issuance of a building permit or at a request to connect to the City's sewer system. Sewer service connection fees for new development are currently due at the time of building permit issuance. However, the City is entering into a Repayment/Reimbursement Agreement with the applicant for the upsizing of the sewer line. The RepaymenVReimbursement Agreement will be required to be ratified prior to or concurrently with approval of the project.
Treated water is available and will be provided by Nevada Irrigation District (NID). There is an 8-inch water line along McCourtney Road and a 12-inch ductile iron water main along Old Auburn Road. Tie-in(s) to the water main are proposed from Old Auburn Road in coordination with NID.
Irrigation water will be provided by NID via the existing canal on the southwest portion of the property. A portion of the canal onsite is proposed to be encased prior to the construction of Phase 3 of the RV Park Resort to avoid conflicts between development and the open N I D canal.
NID modeling identified a total of 500 gallons per minute (gpm) from their existing water system.
This gpm is not sufficient for new development fire suppression. Accordingly, the RV project is proposing to supplement fire flow via an approximate ±60 foot wide by ±180-foot-long pond area.
The pond will be required to be deep enough to accommodate 1,500 gpm for a 2-hour duration RV Park Resort & Aimexadon Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
in accordance with City of Grass Valley Fire Department standards. The design of the system shall be completed concurrently with approval of improvement plans for the project. This is a similar approach for fire suppression currently used at the Nevada County Fairgrounds.
3. Noise im acts -
An Environmental Noise & Vibration Assessment was prepared by Bollard Acoustical Consultants, Inc. (BAC, Inc.) dated December 20, 2019. The purpose of the Noise & Vibration Assessment is to quantify the existing noise and vibration environments, identify potential noise and vibration impacts resulting from the project, identify appropriate mitigation measures, and provide a quantitative and qualitative analysis of impacts associated with the project.
Specifically, the following potential noise impacts were examined:
. On-site truck circulation noise levels at the nearest existing residential uses . Air-conditioning unit noise levels from nearest RV sites . Cumulative air-conditioning unit noise exposure from nearest sites . Guest outdoor conversation noise levels from nearest RV or Glamping sites . Cumulative guest outdoor conversion noise exposure from nearest 5 sites . Swimming pool activity noise levels at the nearest residential uses . Dog Park noise levels at nearest residential uses
. Vibration source levels for construction equipment and predicted levels at 60 feet Based upon the analysis, noise Mitigation Measures relating to construction noise and noise from outdoor speakers/stereos/amplified music have been imposed on the project. Although determined to be less than significant, recommendations were also provided for Dog Park noise.
Potential Dog Park noise is determined to be less than significant and is best delt with via RV Park Management.
Based upon the evaluation of noise impacts, noise is determined to be less than significant with the incorporation of Mitigation Measures as noted above.
4. Bic cle/Pedestrian/Bus Sto Linka es to Downtown -
A class III Bicycle Route exists on McCourtney Road from Old Auburn Road thence eastly terminating at Mill Street. The class III bike path also extends from McCourtney Road to the east side of Brighton Street terminating generally at the Brighton StreeVPackard Drive intersection.
The RV Park project includes the following construction of pedestrian improvements at the intersection of McCourtney Road/Old Auburn Road:
a. Curb, gutter, sidewalk, and ADA improvements along Old Auburn Road from project entrance to McCourtney Road intersection.
b. Design right-turn-lane into project on Old Auburn Road. c. Pedestrian crossing improvements at McCourtney Road/Old Auburn Road Intersection.
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
Sidewalks exist along the
north side of McCourtney
Road from the fairgrounds
eastly to SR 20 Eastbound
ramps and continues to Mill
Street. From Mill Street, a
continuous path of sidewalks,
on either side of the street,
connects with Downtown.
As illustrated, Public Works
Department has secured
funding for additional sidewalk
improvements along Mill and
McCourtney Streets. The
construction is planned to
precede development of the
RV Park Resort Project
improvements.
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MCCOURTNEY RD TO DOWNTOVN CTASS VALLEY
There are two bus stops in the vicinity of the RV Park project: One at McCourtney Road at Allison Ranch Road and one at Brighton Street at Fairgrounds Gate 8. The Grass Valley Transit Loop Number 3 serves the project vicinity with transit service on an hourly schedule.
5. Traffic im acts -
Traffic impacts from both a General Plan Level of Service (LOS) and Vehicle Miles Traveled (VMT) standpoint have been determined to be less than significant based upon City of Grass Valley and Nevada County Transportation Planning Agency thresholds.
From a General Plan level (Citywide) perspective, the Office Professional General Plan Land Use Designation making up the RV Park Resort and Annexation Project Area was contemplated in the City's 2020 General Plan and Certified Environmental Impact Report (SCH#98082023) prepared for the City of Grass Valley 2020 General Plan.
Considering that the project site was included in the traffic analysis provided by the General Plan and General Plan EIR, vehicle trips have been anticipated in the cumulative impact totals of the General Plan buildout and accounted for in the Levels of Service analysis on nearby roadways and intersections.
Accordingly, the "cumulative impact" associated with Citywide development has been previously addressed in the 2020 General Plan and Environmental Impact Report prepared for the General Plan. The traffic analysis provided for the RV Park Resort and Annexation Project is therefore limited to the site-specific effects on the environment which are peculiar to the property in accordance with Section 21083. 3 of the CEQA Guidelines. From a California Environmental RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021Page 69
Item # 8.
Quality Act (CEQA) perspective, the environmental review in accordance with Section 21083.3 of the California Environmental Quality Act restricts the CEQA analysis that is specific to the project. In accordance with Section 21065. 3, a "Project-specific-effect" means all the direct or indirect environmental effects of a project other than cumulative effects and growth-including effects.
Taking into consideration that the property was previously evaluated under the General Plan, the vehicle trips generated by the RV Park Resort and Annexation project are below the thresholds that require a traffic study by the City of Grass Valley. Moreover, it is important to note that the RV Park is expected to generate less overall daily vehicle trips than a fully developed business park or other similar office professional use contemplated in the City's General Plan and General Plan EIR. Nevertheless, a Traffic Impact Analysis has been prepared by KD Anderson and Associates, Inc. dated December 24, 2019, for the RV Park Resort. The objective of the Traffic Impact Analysis is to provide technical analysis to support the project's environmental review under the California Environment Quality Act (CEQA) by identifying those roads and street intersections that may be impacted by development and suggesting strategies for mitigating the impacts of the project.
The TIA study addresses traffic conditions on the state highways and Nevada County roads that will be used to access the site. The limits of the study area were identified through discussions with Nevada County Public Works staff and City of Grass Valley staff based on their knowledge of the area and initial consideration of the amount and nature of project traffic. The facilities included in the analysis include the following study area roadways:
. State Route 20 (S R 20)
. State Route 49 (SR 49)
. McCourtney Road
. Old Auburn Road
Study Area Intersections - The quality of traffic is often governed by the operation of major intersections. For the RV Park Resort project, seven intersections in the area were evaluated including:
. McCourtney Road/Old Auburn Road intersection
. McCourtney Road/Brighton Road Street intersection
. McCourtney Road/Mill Street/Freeman Lane/Allison Ranch Road intersection . Mill Street/SC 49 Westbound Ramps intersection
. SR 20/SR 49 Southbound Ramps intersection
. SR 20/49 Northbound Ramps intersection
Intersection Level of Service (LOS) Analysis has been employed to provide a basis for describing existing traffic conditions and for evaluating project related impacts. Level of Service measures the quality of traffic flow and is represented by letter designations from "A" to "F", with a grade of "A" referring to the best conditions, and "F" representing the worst conditions.
RV Park Resort & Annexadon Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
Nevada County, City of Grass Valley and Caltrans adopt minimum Level of Service standards for their facilities. Nevada County, City of Grass Valley and Caltrans identify LOS "D" as an acceptable Level of Service. LOS D is defined as "significant congestion of critical approaches, but intersection is functional. Cars are required to wait through more than one cycling during short peaks. No long queues formed."
Intersection Level of Service analysis makes use of methodologies contained in the Highway Capacity Manuel 6th Edition, and the methodologies were implemented using SYNCHRO software. These methodologies based the evaluation of signaled intersections on the average length of overall vehicle delays and consider factors such as traffic volume, intersection timing and lane geometry and the evaluation of intersections where vehicles are required to yield the right-of-way. The movement experiencing the longest delays is judged to be the "worst case" and is used for determining significance. This is typically the average delay experienced by motorists wanting to turn onto the main street.
SimTraffic simulation was conducted to evaluate the operation of the closely spaced intersections on the SR 49/SR 20 interchange. It is important to note the simulation process injects a degree of "randomness" into the delay calculations as it accounts of driver characteristics and traffic patterns. Thus, very small volume changes can result in increases or decreases in the delay at an individual location.
Table 12 summarizes current weekday p. m. peak hour Levels of Service at the study area intersections. As indicated, with one exception all locations operate with Level of Service that fall within the minimum LOS D threshold and are considered adequate in accordance with the Nevada County, City of Grass Valley and Caltrans standards. The exception is McCourtney Road/SR 20 Eastbound ramps intersection where the delays experienced by motorists waiting to turn onto McCourtney Road are indicative of LOS F. To a degree the HCM LOS calculation may overstate the length of delays at this location. Because there are two eastbound lanes beyond the intersection, some motorists turn left into the inside through lane while other eastbound traffic is proceeding, thus reducing the length of delay. However, this analysis conservatively assumes that turning traffic will wait for a gap in eastbound traffic before proceeding.
Table 12 - Existing Peak Hour Levels of Service at Intersections Location
McCourtney Rd / Old Auburn Rd
Average Delay
Norttlbound approach
McCourtaey Rd / Brighton St
Average delay
Souftibouud s^?plx>ach
Ik'EcCourtncy Rd / SR. 20 EB ranips
Average Delay
Southbound roach
IwIcCourtney Rd / VvtiU St /
Alllson Ranch Rd
R4iU St / SR 20 'WB ram s
SR. 20 / SR. 49 t SoutfabouDd ramps
SR 20 / SR 4.9 Northbound rainps
BOLD values exceed the ininimuni LOS D standard
Control
NB Stop
SB Stop
SB Stop
AIl-'Way Stop
AII-TiVa Sto
Signal
sA]MB»e
LOS
<A)
B
<A)
c
OB>
F
c
B
B
B
«k Honr
Averse
Delay
secAneh
C1.7>
11.9 (<s^)
24.2 <13.9)
1.V63
15.7 13.9
20 20
PIWPs
LOS
<A)
B
(AJ
c
(A)
v
c
c
c
c
ak. IIouiAveraae
Delay
s^c^veh
(2.2)
10.1 (.3.9)
16.8 (8.7>
70.3 22.0
17.6 17
25 IVtects
TmtUc Signal
Warrants?
No
T*o
No
Yes-PM
Yes-PM
n. cu
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
The impacts of operating the project have been identified by superimposing project traffic onto Year 2019 background conditions resulting in intersections Levels of Service (LOS). 95th percentile queues were than calculated and signal warrants were assessed, and this information was used as the basis for evaluating potential project impacts.
As indicated, the addition of the project traffic does not change the Level of Service at any intersection, and the minimum LOS D standard will continue to be met at all locations except the McCourtney Road/SR 20 Eastbound ramps intersection, which will continue to operate at LOS F.
The significance of the project's impact has been considered based on City of Grass Valley traffic study guidelines. The City's guidelines lack a specific incremental measure for change that can be applied when background conditions already exceed the minimum LOS D standard.
Thus, any additional traffic at an intersection with a deficient LOS is a significant impact.
Projected traffic volumes do not reach the level that satisfies peak hour traffic signal warrants. A roundabout is included in the City CIP/fee program, but the Level of Service could be improved by restriping eastbound McCourtney Road beyond the intersection to provide a receiving lane for left turning traffic. Alternatively, simply restriping the east leg of the intersection to create a formal receiving - merge lane for left turns from the ramp would yield LOS C on that approach.
According to comments by Caltrans dated December 14, 2020, "After reviewing the Traffic Impact Analysis (TIA) report, it was concluded there are existing and future concerns at SR 20 EB ramps and McCourtney Road. This TIA was specifically focused on the Peak Hour analysis of the study intersections. A 12+ hour count analysis would have provided the opportunity to explore a range of near-term alternatives. The Grass Valley RV Resort, by itself, is not expected to have significant transportation impacts but it will add to the delay already experienced at the SR 20 EB Ramp at McCourtney Road. We support this project's fair-share contribution towards City of Grass Valley's impacts fees for future improvements at this location. The City's proposed roundabout will require a full transportation study which will include a CalTrans ICE evaluation.
Until the funding for such project is secured, Nevada County and City of Grass Valley, in coordination with Caltrans, will need to explore near-term improvements to minimize potential queuing of the EB ramp onto mainline SR 20."
To mitigate this impact, the project proponents will contribute to the cost of improving the intersection by paying the applicable City of Grass Valley impact fee. The City impact fee and Regional transportation impact fee for the project is approximately $78, 000. A payment of impact fees is appropriate for this type of project as they are paying their proportionate share in accordance with the Nolan/Dolan case law doctrine.
The project would not generate the need for intersection or roadway improvements above and beyond those identified in the adopted Grass Valley Traffic Impact Fee and Capital Improvement Plan (CIP) programs. The following improvements are included in the City's CIP and fee program:
. McCourtney Road/Brighton Street - traffic signal
. McCourtney Road/SR 20 Eastbound ramps - roundabout
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
. McCourtney Road/Mill Street/Freeman Lane - traffic signal . Mill Street/SR 20 westbound ramps - traffic signal
No additional mitigation measures are necessary at the intersections noted above resulting from the traffic generated by RV Park Resort and Annexation project. LOS Traffic impacts are therefore less than significant.
CEQA Section 15064.3 establishes Vehicle Miles Traveled (VMT) as the CEQA threshold for land use projects. Section 15064.3 notes that generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to cause a less than significant transportation impact according to the CEQA Guidelines. Moreover, projects that decrease vehicle miles traveled in the project area compared to existing conditions should also be presumed to have a less than significant transportation impact.
The geographic distribution of vehicle trips associated with travel to and from the site would typically follow routes used by visitors to reach Nevada County's visitor attractions, shopping, or to reach regional transportation facilities. As noted in the VMT discussion, the trips associated with the project could have destinations through the Nevada County area, including locations as close as the immediate downtown Grass Valley and as distant as rural recreational areas.
As noted, CEQA requirements have changed assessment of traffic impacts from a LOS based roadway capacity analysis to assessment of a projects contribution to total Vehicle Miles Traveled (VMT). Many jurisdictions, including Nevada County Transportation Commission (NCTC) have adopted VMT to satisfy the January 2020 requirements of SB 743. Much of that work has addressed the VMT characteristics of residential development and of employment centers as the primary generators of new VMT, while retail and service uses are assumed to simply capture the trips caused by residential and employment uses.
For this analysis the average daily Vehicle Miles Traveled (VMT) associated with the project has been estimated on the project's trip generation characteristics, the project trip distribution, and the average distance to typical destinations with that distribution. As shown, the project may generate 446 daily trips. Those trips will be spread throughout the Grass Valley/Nevada City area as guests visit local attractions, but other trips to regional destinations or to the visitor's primary residence will also be made. Applying these parameters yields an annual total of 6. 058 daily vehicle miles of travel as outlined in Table 13.
TABLE 13 - PROJECT VEHICLE MILES TRAVELED
Direction
SR 20 West of Grass Valley
SR 49/SR 20 north of South
SR 20 Junction
SR49southofSR20
Em ire Street east of SR 49
Brighton Street north of
McCourtne Road
RV Park Resort & Annexation Project
Response to Comments
%
Distribution
15%
25%
15%
10%
5%
Typical Destination
Penn Valley/Yuba
Cit /Ma sville
Nevada City, Bullards
Bar Reservoir, etc.
Auburn
Em ire Mine State Park
Downtown Grass Valley
Distance
24 12
29 2
2 Daily Trips
66 112
67 45
22 Vehicle Miles
1, 608
1, 344
1, 943
90 44
City of Grass Valley
December 21, 2021
Item # 8.
Mill Street north of SR 20
ram s
Freeman Lane east of Mill
Street
Old Auburn Road south of
McCourtne Road
McCourtney Road west of Old
Auburn Road
Total:
10%
5%
10%
5%
100%
Downtown Grass Valley
Pine Creek Center
Combie Road/LOP
Rural Nevada County
2 2
15 10
45 22
45 22
446
90 44
675
220
6058
On a regional basis it is reasonable to assume that the project guest would have elected to visit Nevada County regardless of the presence of the Grass Valley RV Resort Project. Thus, the trips to and from the project represent diversion of travel that would otherwise be made to other existing RV parks. By providing another facility that is central to the Grass Valley/Nevada City area the project would allow visitors to stay closer to the communities' attractions. Thus, development of the project is likely to incrementally reduce regional VMT.
Applying these parameters yields an annual total of 6,058 daily vehicle miles of travel. The project site is located in proximity to existing transit stops. Specifically, there are two transit stops located along Brighton Street and McCourtney Road in the project vicinity. The project is therefore consistent with CEQA Section 15064. 3 for Vehicle Miles Traveled.
Additionally, from a CEQA perspective, VMT can be measured in a variety of ways depending on whether the intent is to capture the amount of vehicle travel generated by a project (i. e. number of vehicle trips multiped by their corresponding trip lengths) or a project's effect on VMT within a defined study area. Project effect information is more meaningful for VMT analysis because land use projects and land use plans often influence the vehicle travel associated with neighboring land uses. VMT is a preferred metric for environmental effects because it captures how a project influences the environment related to fuel consumption and emissions while also serving as an indicator of potential impacts to pedestrians, bicyclists, transit riders, and travel safety.
The OPR Technical Advisory on Evaluating Transportation Impacts in CEQA recognizes that areas outside of metropolitan planning areas, especially rural counties, have fewer options for reducing VMT. Analysis of projects can be undertaken using a screening process. If a project meets any of the following criteria, it may be presumed to cause a less than significant VMT impact without further study:
. The project generates less than 630 VMT per day and is consistent with the general plan. . The project is a work-related land use, located in a TAZ with similar land uses and travel demand characteristics, and the TAZ VMT per service population is equal to or less than 14.3 below the subarea mean.
To support the screening process, a screening tool was developed for western Nevada County.
The tool uses data from the Nevada County Travel Demand Model to compare the VMT per service population for the Travel Analysis Zone (TAZ) in which a study parcel is located to the VMT for the subarea in which the parcel is located. Thus, a project can be evaluated for screening without additional runs of the Nevada County Transportation Commission travel demand model.
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
The RV Park Resort and Annexation project was evaluated through the screening process provided by the Nevada County Transportation Commission (NCTC). The following results were verified, based upon project specific screening:
. The project is located in Travel Analysis Zone (TAZ) 1211. (The number of the travel analysis zone from Nevada County Travel Demand Model in which the parcel is located) . TAZ 1211 VMT is 8.9 miles per vehicle (The metric average for the entire TAZ) . Subarea VMT is 16.5 miles per vehicle (the VMT metric average for the entire subarea) . % Difference is -46. 1 (compares TAZ results to subarea results; positive values indicate TAZ results are greater than the subarea; 0% indicates TAZ and subarea results are equal; and, negative values indicate TAZ results are less than the subarea) Total VMT per Service Population
. Threshold 14.2 (the maximum VMT metric to pass screening) . Within a low VMT Yes (The project passes screening)
Using the VMT screening method, the project passes the VMT thresholds established by NCTC and is therefore determined to have a less than significant impact.
According to comments from Caltrans dated December 14, 2020, "According to the traffic impact analysis, the development will add an approximate 6, 058 VMT to the area which has been distributed to specific routes in the region. Regardless of the impacts that the development has on the surrounding intersections, the added VMT will not have a significant impact on any of the major arterial or highways in the region."
Furthermore, the project would provide new sidewalks along the project frontage. In addition, pedestrian walkways would be provided throughout the project site. Thus, the proposed project would improve the pedestrian network on-site and in the project area.
The applicant will be subject to the payment ofAB 1600 traffic mitigation fees, (i. e. City of Grass Valley and regional traffic impact fees) which is the acceptable form of traffic mitigation for this type of infill project in accordance with Nolan/Dolan doctrine of nexus and rough proportionality.
These fees are used exclusively for projects identified in the City's Capital Improvement Program to finance needed infrastructure improvements to achieve the LOS anticipated with the City's 2020 General Plan.
The City intends to mitigate any roadway deficiencies through the collection of local and regional impact fees to finance its Capital Improvement Program. The City of Grass Valley collects development impact fees prior to building permit issuance to fund their Capital Improvement Program. The mitigation fee programs ensure that future development will pay their fair share of traffic impact fees to partially fund the construction of planned transportation improvements identified in the City's Capital Improvement Program.
The project will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. Vehicle Miles Traveled Impacts are therefore considered less than significant.
RV Park Resort & Annexadon Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
6. Cit of Grass Valle 2020 General Plan/LAFCO Annexation Consistenc - The City's 2020 General Plan designates this area Office Professional (OP). The General Plan specifically identifies OP and CBP as the consistent zoning to implement the General Plan (City of Grass Valley 2020 General Plan page 3-4 and Table 3-1).
The RV Park Resort property is proposed to have a Corporate Business Park (CBP) Zoning designation. Pursuant to Table 2 - 10 ofthe City's Development Code, Campground, Recreational Vehicle Parks are listed as requiring approval of a Use Permit with the requisite Use Permit Findings per Section 17.72.070 of the City's Development Code.
The remaining annexation areas from Mill Street to the RV Park Property are slated for the Neighborhood Center Flex (NC-Flex) Zone. The NC-Flex Zone and standards may apply to properties designated with a variety of existing zoning districts, including OP, R-1, C-1, C-2 and R-3, provided that the zone:
1. May use the name of the applicable neighborhood or area (e. g. "NC-Flex-S. Auburn Corridor");
2. Allows for medium/high density housing near mixed-use centers to help support the centers and promote a walkable neighborhood;
3. Allows residential or commercial on ground floors; and,
4. Anticipates that frontages are likely to vary (between 0 feet and 12 feet) by specific area based on existing conditions.
Accordingly, the RV Park Resort and Annexation Zoning Designations of Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) are consistent with the 2020, City of Grass Valley General Plan Office Professional Land Use Designation for the area.
The Community Development Department has consulted with Nevada County's Local Agency Formation Commission (LAFCO) at the on-set of the RV Park Resort and Annexation Project.
Although a discretionary process, based upon preliminary discussions with LAFCO's Executive Director, SR Jones, there is no indication that annexation of the property into the City limits is at issue.
According to City of Grass Valley Sphere of Influence Plan adopted the Local Agency Formation Commission dated April 11, 2011, the area from Mill Street to the corner of McCourtney Road/Old Auburn Road is in the City's "near term annexation" schedule, which was anticipated to be annexed into the City limits several years ago (i. e., years 2000 - 2005).
The RV Park Resort property is outside of the City's Sphere of Influence in an area formally identified as "Area of Concern", now referred to "Area of Interest. " In accordance with the City of Grass Valley Sphere of Influence Plan dated April 11, 2011, the LAFCO Commission may designate areas beyond the City's Sphere of Influence. This designation includes those areas within the City-established "Planning Area" that are not included in the City's Sphere of Influence RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
and are appropriate when land use decisions or other actions of one agency may have the potential to impact directly or indirectly on the subject agency.
Fire Services will be annexed to the City of Grass Valley Fire Department and detached from Nevada County Consolidated Fire District. Also, the extension of City sewer along McCourtney Road to the RV Park Resort project site will occur. The existing properties along McCourtney Road will be able, but not required to, connect to City sewer with the extension of City sewer to the RV project site. Except for Fire and City sewer, all services exist.
On July 7, 2020, the Community Development Department conduced an Annexation Meeting with owners/residents of the McCourtney Road area. The meeting also included LAFCO Executive Director SR Jones. No significant comments occurred at the meeting to suggest that annexation of the property is at issue.
7. Air Qualit /Greenhouse Gas Miti ation includin fire its and enerators - Air Quality/Greenhouse Gas impacts were evaluated and determined to be less than significant based upon Northern Sierra Air Quality Management District adopted thresholds. Analysis of Air Quality and Greenhouse Gas impacts are evaluated in the Initial Study prepared for the project on pages 26 and 43 respectively.
At the November 16, 2021, Planning Commission meeting, the applicant clarified that wood fire pits would not be permitted for each of the RV and damping Sites and a common gas fire pit is proposed to be installed in the pool area of the community center. The applicant also withdrew consideration of the use of generators from the 15 glamping sites. Condition of Approval No. A - 11 removes from consideration individual wood fire pits and generators from the 1 5 glamping sites.
8. Aesthetics includin li ht and lare fencin and landsca e buffers - Lights to be installed at RV Park Resort project site include building lighting on the clubhouse, parking lot and driveway lighting, pedestrian path bollard lighting and monument signage. Per City standards, all lighting is required to contain down shields thereby directing light downward.
The project lighting must be directed so as not to spill light onto neighboring properties. To this end, a photo-metric plan confirms the project is in compliance with the City's lumen standards.
Accordingly, light spillover is not anticipated to cause a significant impact to neighboring properties. Overall, potential lighting impacts associated with the project are determined to be less than significant.
Fencing consists of an existing three rail vinyl rail fence around the north and east perimeter of the property. The rural agricultural/residential property to the south shares a t-post, barbed wire fence with the project site. The residential property to the west contains no fencing separating the residential uses and project site.
Condition of Approval No. A - 6 requires that concurrently with site improvements, the applicant shall install a 3-rail vinyl fence along the south property line. A wood fence shall be installed RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021Page 77
Item # 8.
along the west property line. The applicant shall coordinate with the adjoining property owners for the installation of the fencing. The fencing shall be shown on the improvement plans for the project to the satisfaction of the Community Development Director.
Landscaping consists of trees and shrubs along the western property line shielding the homes from the RV Park property. The properties to the south are shielded by pine and cedar trees along the southwestern portion of the property. Condition of Approval A - 10 requires that landscaping shall be installed along the south property line to shield the RV Park Resort from the properties to the south. The final landscaping shall be to the satisfaction of the Community Development Department.
9. Economic Im act on the Fair rounds -
According to the applicant, consultation with the Nevada County Fairgrounds has occurred. To date, notices have been sent to the Nevada County Fairgrounds regarding the environmental review, Planning Commission public hearing, and neighborhood meeting. However, no comments have been received on the project by the Nevada County Fairgrounds.
From a CEQA perspective, in accordance with the CEQA Guidelines, Section 15131, Economic or Social Effects of a project are not considered a Significant Impact on the Environment unless the Economic or Social Effect relates to physical changes on the environment. No physical changes are anticipated with the Fairgrounds property resulting from the RV Park.
10. Drains e im acts -
A Preliminary Drainage Analysis was prepared by Millennium Planning & Engineering in January 2020. Storm water treatment facilities were sized using a storage requirement of one inch of the total impervious area. By incorporating on-site treatment utilizing bio-retention basins and landscaping, post development peak runoff leaving the site will not exceed pre-development runoff, therefore there will be no impact to downstream properties. Based upon the preliminary drainage study, drainage impacts are anticipated to be less than significant.
Condition of Approval No. C - 10, requires the applicant to submit final drainage plans and hydrologic calculations prior to the issuance of a grading permit for the project.
11. Oak Tree Preservation -
Of the ±75 trees identified on the 20-acre property; the RV project is anticipated to remove ±24 of the trees from the site (32%). The City's Design Guidelines suggest a 20% tree retention for all other types of development in the City. The RV Park Resort project proposes to retain 68% of the trees on the 20-acre site.
As shown on the project plans, the ±36-inch California Black Oak is to be protected as part of the site planning. No development will occur within the dripline of the Black Oak located adjacent to the proposed bioretention area.
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
The applicant shall be required to mitigate for the loss of trees by replanting on site in accordance with Chapter 12. 36 of the City's Municipal Code. The replanting will make up for the ±24 trees removed as there is ±42 trees to be planted along the periphery of the property according to the landscape plans. The additional trees and landscaping soften the appearance of the RV Park Resort project on neighboring properties, passing motorists and pedestrians alike. These impacts are therefore considered less than significant.
12. Land Use Corn atibilit -
The subject 20-acre property is in an area slated for Office Professional Uses, surrounded by rural residential uses to the south; Nevada County Fairgrounds to the north and west; and the North Star Property to the south and east, according to the City of Grass Valley General Plan.
The RV Park property represents the City's fringe of development with rural residential uses to remain to the south. However, the RV park recreational use adjoins and is consistent with the existing and anticipated recreational/open space uses in the vicinity, including but not limited to:
. North Star Development - 175 acres of open space;
. Nevada County Fairgrounds - 110 RV sites on Fairgrounds ±90 acres; . Nevada County Land Use designation south and east of Auburn Road (IDR-PD) 75 acres of open space;
. City of Grass Valley concept regional park - 187 acres south of RV Park. The Planning Commission found the regional park concept was consistent with the City's General Plan at its November 16, 2021, meeting.
RV Park Resort & Annexation Project
Response to Comments
City of Grass Valley
December 21, 2021
Item # 8.
PLANNING COMMISSION
STAFF REPORT
November 16, 2021
Prepared by:
Reviewed by:
DATA SUMMARY:
Application Number:
Subject:
Location:
Applicant:
Zoning/General Plan:
Entitlements:
Environmental Status:
Lance E. Lowe, AICP, Principal Planner
Thomas Last, Community Development Director
20PLN-29
Grass Valley RV Park Resort and Annexation consisting of a 150 space RV Park Resort with 15 glamping spaces for short term camping and Annexation of ±45 acres into the City. 11425 McCourtney Road and ±25 acres generally located
north and east of McCourtney Road/Old Auburn Road
(Exhibits A & B of Attachment 4).
Rob Wood, Millennium Planning & Engineering
No City Prezone/Office Professional
Sphere of Influence Amendment, Annexation, Pre-Zone,
Development Review and Use Permit
Initial Study/Mitigated Negative Declaration
RECOMMENDATION:
That the Planning Commission recommend that the City Council approve the Grass Valley RV Park Resort and Annexation Project, as presented, or as modified by the Planning Commission, which includes the following actions:
1. Adoption of a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
2. Adoption of a Mitigation Monitoring & Reporting Program (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;
3. Adoption of a Resolution Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented;
4. Adoption of an Ordinance Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
5. Adoption of Findings of Fact and Conditions of Approval for the RV Park Resort and Annexation project as presented.
ATTACHMENT 3
Item # 8.
BACKGROUND:
The RV Park site has been used for truck and equipment parking by PG&E and parking for various events at the Nevada County Fairgrounds.
The applicant initially submitted the RV Park Resort Project application to Nevada County Community Development Agency for processing in the county. However, connection to City services is a necessity of the project and the applicant is now seeking City approvals and annexation.
On July 7, 2020, the Community Development Department conduced an Annexation Meeting with owners/residents of the McCourtney Road area. Based upon the discussion, several owners were in favor to the NC-Flex Zoning designation and annexation into the City.
On August 24, 2021, the City Council authorized the City Manager to negotiate and sign an agreement that allows the deferral and repayment plan for development impact fees, and for reimbursement for upsizing a sewer line that is repaid by transient occupancy tax payments.
PROJECT DESCRIPTION:
The Grass Valley RV Resort and Annexation Project entitlements include a Sphere of Influence Amendment, Annexation, Pre-zone, Development Review and Use Permit as further described:
S here of Influence Amendment and Annexation - The Sphere of Influence Amendment will add the RV Park Resort property into the City's Sphere of Influence and re-designate the project area from the City's Long-Term to the Near-Term Annexation Schedule.
Annexation includes segments ofMcCourtney Road and Old Auburn Road and the entirety of the ±45 acres identified as Annexation areas 1-3. Annexation area 1 consists of ±40 acres of developed and undeveloped lands; Annexation area 2 consists of ±2.2 acres of office and residential uses; and Annexation Area 3 consists of 2 acres of office and residential uses (See Exhibit C of Attachment 4).
General Plan Desi nation - The City of Grass Valley General Plan land use designation is Office Professional (OP) for the entirety of the ±45 acres. No General Plan Amendment is necessary for the project as the uses and pre-zoning designations of Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone are compatible with the Office Professional General Plan designation.
Pre-zone - A Pre-zone of Corporate Business Park (CBP) is proposed for the 20-acre RV Park property identified as half of Annexation Area 1
Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
A Pre-zone of the properties is proposed to the Neighborhood Center Flex (NC-Flex) Zone for approximately half of Annexation Area 1 and all of Annexation Areas 2 and 3 (Exhibit E of Attachment 4 - Pre-Zoning Exhibit).
Except for the RV Park Resort 20-acre property, no development is proposed within the remaining Annexation areas.
Develo ment Review and Use Permit - In the CBP Zone, a Development Review Permit is required for the site planning and architectural design review of the RV Park Resort. A Use Permit is also required for RV Parks in the CBP Zone subject to Findings in Section
17. 72. 060 of the City's Development Code. The Findings required relate to compatibility of the use with the neighborhood.
The RV Park Resort project plans dated October 20, 2020, include the following details:
S/'te Plan - The site plan illustrates the development of a 150 space Recreational Vehicle (RV) park with 15 no hookup "glamping" spaces for short term camping on ±20 acres. "Glamping" is a form of camping involving accommodation and facilities more luxurious than those associated with traditional tent camping (See Exhibit F of Attachment 4 - R\/ Park Resort Site Plan).
Access, Parking and Circulation - Primary access is located on Old Auburn Road approximately 500 feet south of the McCourtney Road intersection. Secondary emergency access connecting to Old Auburn Road is proposed at the southeast corner of the site and will be gated. Interior roadways will be 24 feet in width for 2-way traffic and 16 feet wide for 1-way roads. The only 1-way road is proposed within the interior of Phase 1 for the pull-through spaces. All roadways within Phases 1 & 2 will be paved and the access driveway within Phase 3 is proposed to be gravel. As noted, typical pull-through spaces are 56 feet in length and 15 feet in width. All pull-through spaces will be concrete with landscaping and a concrete lounging pad (see Preliminary Landscape Plan Exhibit H of Attachment 4). Typical back-in spaces are concrete, 45 feet in length and 14 feet in width and include a minimum 8 foot by 20-foot gravel space for vehicle parking.
Clubhouse - User amenities within the clubhouse building of ±4,565 square feet include restrooms, laundry facilities, recreation room, lounge area, check-in services, and a mini store to provide essential supplies for guests of the RV Resort. The clubhouse is proposed for guests of the RV Park Resort solely.
Recreational Amenities-7he RV Park Resort will offer many amenities including a walking path throughout, a dog-friendly area, restrooms with showers, office check in, game room, coin laundry, general store, Electric Vehicle (EV) charging station, an outdoor pool & hot tub, and BBQ/picnic areas and pond. The pond is required to supplement fire suppression and may also be used for fishing. The RV Park spaces will include full-service hookups, including electric water and sewer. Each space will consist of a concrete pad with landscaping framing each of the sites. The 15 no hookup glamping sites include tents in a Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
wooded setting (western section of the property). Three (3) restroom facilities with showers will be situated throughout the site, including the clubhouse.
Landscaping - fa^ landscape plan has been prepared for the RV Park Resort property. The landscaping plan includes ground cover, shrubs, and decorative trees throughout the RV Park Resort project site. A typical RV pad detail is provided illustrating concrete lounging areas framed by trees, shrubs, and ground cover plantings (See Exhibit G of Attachment ^-RV Park Landscaping).
Architectural Building Design - The project proposes a clubhouse building of approximately ±4,565 square feet plus two additional restroom buildings of approximately ±398 square feet each. Architectural details have been incorporated into the design consistent with the City's Design Standards. The clubhouse is approximately ±20 feet in height from finished grade to the ridgeline of the building and approximately ±23 feet to the top of the boxed frame chimney. Various materials are proposed such as ashlar stone at the entry way, natural stained re-sawn wood posts, charcoal gray Hardi-board & batten siding, and dark charcoal corrugated metal roofing.
The restrooms are approximately ±14 feet in height to the ridgeline. Materials consist of vertical Hardi-board & batten siding, horizontal Corten metal siding with a corrugated metal roof. Each restroom will contain 4 toilets, 4 sinks and 4 shower stalls, including an ADA accessible toilet room and ADA accessible shower room.
Lighting - Outdoor lighting is proposed around the parking areas and restrooms. A photometric plan and calculations are provided reflecting a standard lumen package for the main parking areas. Pedestrian bollards are proposed around the glamping parking area. The pedestrian bollards are intended to define the hardscape boundaries and to reduce light from extending into the glamping areas. The restrooms each have a 12-foot pole height and single luminaire with a highly diffused lens to minimize glare.
Signage - A monument sign is proposed near the intersection of Old Auburn Road and McCourtney Road. The monument sign will include the name of the RV Park Resort and a website. The dimensions of the monument sign are ±10 feet in width by ±5 feet in height.
The monument sign will be placed on a footing and Cement Masonry Unit (CMU) block wall base.
Grading and Retaining Waits - The preliminary grading plan calls for ±24,823 cubic yards of cut and ±19, 198 cubic yards of fill resulting in an excess of ±5,625 cubic yards of soil.
The excess material is proposed to be used on-site for landscaping. Due to the relatively level topography, no retaining walls are proposed with the project. The site will be graded in compliance with ADA site accessibility standards.
Tree Removal - According to the tree removal plan (inset Sheet C1.0), twenty-four trees are to be removed from the site located on the westerly portion of the property. Based upon the site surveys, the project area does not contain any landmark oak trees that will Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
be removed or disturbed. The ±36-inch Black Oak, located in the center of the site, is to be protected as a mapped landmark tree and will not be disturbed as part of the project.
Fencing - Fencing consists of an existing three rail vinyl rail fence around the north and east perimeter of the property. The fencing will remain with the RV Park Resort.
Drainage - A Preliminary Drainage Analysis was prepared by Millennium Planning & Engineering in January 2020. Storm water treatment facilities were sized using a storage requirement of one inch of the total impervious area. By incorporating on-site treatment utilizing bio-retention basins and landscaping, post development peak runoff leaving the site will not exceed pre-development runoff, therefore there will be no impact to downstream properties.
Water Quality Treatment Methods - Storm drainage will be collected and routed through a storm drain system that will direct runoff to multiple bioretention treatment areas and a storm drainage swale. Overflow runoff will be directed to the existing roadside ditch on McCourtney Road. Best Management Practices (BMPs) will be used prior to discharge of flow to existing drainage facilities and creeks.
Utilities - Water Supply: Treated water is available and will be provided by Nevada Irrigation District (NID). There is an 8-inch water line along McCourtney Road and a 12- inch ductile iron water main along Old Auburn Road. Tie-in(s) to the water main are proposed from Old Auburn Road in coordination with NID. Irrigation water will be provided by MID via the existing canal on the southwest portion of the property. A portion of the canal onsite is proposed to be encased prior to the construction of Phase 3 of the RV Park Resort to avoid conflicts between development and the open NID canal.
NID modeling identified a total of 500 gallons per minute (gpm) from their existing system.
Offsite upgrades needed to N ID'S water infrastructure to serve the project site for fire suppression are financially prohibitive for the RV Park Resort Project. Accordingly, the project is proposing to supplement fire flow via an approximate ±60 foot wide by ±180- foot-long pond area. The pond will be required to be deep enough to accommodate 1 , 500 gpm for a 2-hour duration in accordance with City of Grass Valley Fire Department standards.
Sanitary Sewer. Sanitary sewer will be provided by City of Grass Valley upon annexation.
The closest tie-in to the City's sewer system is approximately ±2,000 feet from the site, near the Brighton Street/McCourtney Road intersection. A pump station will be constructed on-site and a combination offeree main/gravity will be installed from the project site to the City's existing sewer system. The sewer main will transition from a 2-inch force main to a 6-inch gravity main from the high point of McCourtney Road to the tie-in near Brighton Street to allow future properties along McCourtney Road to tie into the new sewer main.
Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
RV Disposal: A proposed RV dump station is located at the southeast corner of the property. The dump station will tie into the sanitary sewer system for the property.
Dry Utilities: Dry utilities (i. e., natural gas, electrical supply, telephone, cable) are located along McCourtney and Old Auburn Roads. The existing overhead powerlines that run north/south through the property will be undergrounded and rerouted on-site concurrently with site development.
SITE DESCRIPTION AND ENVIRONMENTAL SETTING:
The RV Resort Park parcel is relatively flat ranging between ±2,425 feet above Mean Sea Level (MSL) in the western area adjacent to the NID canal to ±2,465 feet along the southern border along Auburn Road. In general, the project site slopes towards the northwest within the far western section of the subject parcel and from the east to west within the eastern section of the subject parcel towards the center of the project area where a swale crosses the subject parcel from north to south.
The project area to the east is mostly developed with commercial and residential uses with the Nevada County Fairgrounds located to the west and California hlighway Patrol Office located to the north. East and south of the project area is generally larger parcels that contain open space and rural residential development. State Route 49/20 is located approximately ±0.6 miles to the easVnorthwest from the subject parcel (Exhibit D of Attachment 4 - S/'te Photographs).
ENVIRONMENTAL DETERMINATION:
Based upon the Initial Study, Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Hydrology/Water Quality and Noise were identified as having potentially significant impacts requiring mitigation measures. Other resource categories were determined to be less than significant or have no impact based upon site and project specific impacts.
In accordance with CEQA Section 15097, the Mitigated Negative Declaration includes a Mitigation Monitoring and Reporting Plan (MMRP). The MMRP identifies the mitigation measures that reduce potential project impacts to a less than significant level.
PUBLIC AND AGENCY COMMENTS:
Public notice of Intent to Adopt a Negative Declaration and Notice of Public Hearing for the project was prepared and posted pursuant to the CEQA Guidelines and State law. The Negative Declaration was circulated through the Office of Planning & Research for a 30- day public review period commencing on September 30, 2021, and ending close of business on October 29, 2021 (Attachment 4 - Initial Study/Mitigated Negative Declaration).
Comment letters on the project are in Attachment 9 - Comments on Initial Study/Negative Declaration.
Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
GENERAL PLAN AND ZONING:
General Plan: Multiple 2020 General Plan policies, goals and objectives support recreational facilities; in-fill development; economic development; and preservation of existing neighborhoods. The policies, goals and objectives include but are not limited to:
2-LUG - Promote infill as an alternative to peripheral expansion where feasible. 3-LUO - Reduction in the amount of land necessary to accommodate future growth. 4-LUO - Reduction in the environmental impacts associated with peripheral growth. 10-LUO - Preservation of existing neighborhoods.
3-CG - Provide for the safe and efficient movement of people and goods in a manner that respects existing neighborhoods and the natural environment. 9-CO - Use of traffic calming techniques to protect neighborhoods and residents from adverse traffic impacts.
10-CO - Protection of stream courses, riparian areas and other natural features.
Zonin : The City has two zoning designations that permit RV Parks: the Open Space Zone and Corporate Business Park. The RV Park site is proposed to be designated as Corporate Business Park (CBP). The CBP Zone is applied to areas of the City appropriate for employment with a "campus" type character, which includes landscaped open space between buildings, screened service areas, uniform signage and street lighting standards and maintenance of a landscaped theme throughout.
The City Pre-zone is Neighborhood Center Flex (NC-Flex) for half of Area 1 and all of Areas 2 and 3 along McCourtney Road. The primary intent of the NC-Flex Zone is to work in combination with the NC Zone to promote the vitality of corridors and centers within different neighborhoods. The zone intends flexibility of use, allowing the market to determine ground floor character while establishing the building form in order to ensure neighborhood compatibility.
Economic Anal sis: An Economic Analysis was prepared for the project by Hansford Economic Consulting, LLC dated December 2019. Based upon preliminary estimates, ±$325, 000 in new tax revenue would accrue annually at buildout of the property as an RV Park. The report also makes the following key findings:
1. The property has a much higher likelihood of being developed within the next twenty years as an RV park than it does as office professional. The office market is sluggish in Western Nevada County and shows no signs of change.
2. Barring some very specialized use of the parcel that falls under the Office Professional definition, the parcel would not develop for many years. A parcel of 20 acres could generate ±120, 000 building square feet of office space; it would take many years to absorb this quantity of new office space.
3. Even if there was a financial incentive to develop the property as Office Professional, the location of the parcel does not lend itself to office professional uses, unless the use were highly specialized.
Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
4. It is estimated that development of the property as an RV park would bring in new revenue to the City.
5. There are unquantifiable economic benefits to be gained from an RV park at the proposed location. A synergy of recreation uses would be created with the Fairgrounds, which would result in increased attendance at the Fairgrounds.
6. The jobs to housing ratio would not be affected if the property developed as an RV park. With an estimated 8 new jobs and no new housing units, there would not be any noticeable change in the jobs to housing ratio.
ANALYSIS:
Staff offers the following for Planning Commission and City Council consideration:
Annexation - Annexation includes segments of McCourtney Road and Old Auburn Road and the entirety of the ±45 acres identified as Annexation areas 1 - 3. Annexation does not include the North Star property consisting of ±700 acres fronting McCourtney Road and south of the annexation areas. Although this area is anticipated to be annexed into the City limits, the timing is not consistent with the RV Park Resort applicant's timing.
Prior to the issuance of permits for the RV Park, Condition of Approval No. B - 1 requires an application to LAFCO and annexation approval.
S/te Plan/Off Site Improvements - The applicant is proposing the following offsite improvements concurrently with RV Park site development:
a. Curb, gutter, sidewalk, and ADA improvements along Old Auburn Road from project entrance to McCourtney Road intersection.
b. Design right-tum-lane into project on Old Auburn Road. c. Pedestrian crossing improvements at McCourtney Road/Old Auburn Road Intersection.
d. Increase in City sewer from 2-inch to 6-inch and extension of City sewer lines from Brighton Street to RV Park Resort project site.
Condition of Approval No. C - 2 requires the above noted improvements to be shown on the improvement plans and completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy.
RV Park Tenancy - The RV Park Resort Project is a short-term transient use. As such, Condition of Approval No. A - 4 notes that the RV Park Resort is approved as a Transient Occupancy Use as defined in Chapter 3. 16 et. seq. of the City's Municipal Code and shall be subject to the City's Transient Occupancy Tax. As a Transient Occupancy Use, tenants shall not occupy the RV and damping sites for a duration exceeding thirty (30) consecutive days. Within each of the RV and Clamping Sites, no permanent structures, including, but not limited to decks, storage buildings, awnings, etc. shall be constructed.
Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
Fencing - Fencing consists of an existing three rail vinyl rail fence around the north and east perimeter of the property. The rural agricultural property to the south shares a t-post, three barbed wire fence with the project site. The residential property to the west contains no fencing separating the residential uses and project site.
Condition of Approval No. A - 6 requires that concurrently with site improvements, the applicant shall install a 3-rail vinyl fence along the south property line. A wood fence shall be installed along the west property line. The applicant shall coordinate with the adjoining property owners for the installation of the fencing. The fencing shall be shown on the improvement plans for the project to the satisfaction of the Community Development Director.
State Housing and Community Development (HCD) - Although the City has land use control upon annexation, HCD permits special occupancies such as Mobile Home and RV Parks. In this capacity, HCD serves as the building department and will plan check and inspect private improvements within the RV Park Resort site, in conjunction with City Fire, Engineering and Planning staff. Condition of Approval B-2 requires the applicant to obtain the requisite building, electrical, plumbing, and mechanical permits from State HCD prior to construction.
Fire Service and Suppression - The approval by the Local Agency Formation Commission (LAFCO) and annexation into the City is contingent upon collaboration with City of Grass Valley Fire Department and NCCFD in accordance with the interagency agreements, which assure that adequate fire service is provided by the respective agency. The City of Grass Valley Fire Department acknowledges that the City has served and has the capacity to service the project area.
Sanitary Sewer- Sanitary sewer will be provided by City of Grass Valley upon annexation.
The closest tie-in to the City's sewer system is approximately ±2,000 feet from the site, near the Brighton Street/McCourtney Road intersection. A pump station will be constructed on-site, and a combination of force main/gravity will be installed from the project site to the City's existing sewer system. The sewer main will transition from a 2-inch force main to a 6-inch gravity main from the high point of McCourtney Road to the tie-in near Brighton Street to allow future properties along McCourtney Road to tie into the new sewer main.
Annexation Area - Presently, the properties have an array of both commercial and residential land uses. The Nevada County Land Use Designation is Office Professional (OP). As a result, many of the properties are considered "legally non-conforming" and may not expand or intensify the legally non-conforming use in any manner.
The proposed City Zoning designation is Neighborhood Center Flex (NC-Flex) Zone. The City's NC Flex Zone is more befitting of the types of mixed commercial and residential uses existing than the County's Office Professional (OP) Zone designation. That is, the Application 20PLN-29 Planning Commission Meeting
November 16, 2021
Item # 8.
NC-Flex Zone permits both commercial and residential uses and combinations thereof.
The City's NC-Flex Zone will allow expansion of the existing uses in accordance with the City's Development Code standards. Other than Annexation and Prezoning designations, no development is proposed in the Annexation areas.
Accordingly, the Community Development Department has received a favorable response from many of the property owners in the annexation areas.
Impact Deferral/Reimbursement Agreement - The agreement allows the applicant to reduce the upfront costs related to impact fees and sewer installation costs. The agreement defers the development impact fees estimated at $900, 000 with a repayment schedule over a seven-year period with interest. The applicant proposes to impose a $5. 00/night surcharge and pay the City's impact fees with this surcharge over the next seven years.
The RV Park Resort project also requires an extension of a sewer line from the Brighton Street area. The City has requested this line be upsized to accommodate additional connections along McCourtney Road and the City would reimburse the developer for the upsized line (2-inch to 6-inch) pipe. This upsized additional cost is ±$217, 000. To reimburse the applicant, the City Council authorized reimbursement of a portion of the transit occupancy tax until the reimbursement is repaid in ±2-1/2 years.
ATTACHMENTS:
Attachment 1 - December 21 , 2021, Planning Commission Staff Report Attachment 2 - Response to Comments
Planning Commission Staff Report dated November 16, 2021 Initial Study/Mitigated Negative Declaration with the following Exhibits, Tables, and Attachments:
Attachment 3 -
Attachment 4 -
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F -
Exhibit G
Exhibit H
Exhibit I -
Exhibit J -
Exhibit K
Tables
Table 1 -
Table 2 -
Table 3 -
Table 4-
Table 5 -
Application 20PLN-29
Vicinity Map
Aerial Photograph
Annexation Map
Site Photographs
Pre-zoning Exhibit
RV Park Resort Site Plan
RV Space Landscaping Detail
RV Park Landscaping Plan
Architectural Elevations
Monument Sign Designs
Phasing Map
Assessor's Parcel Numbers
Project Construction and Operational Emissions Estimates Predicted On-site Truck Circulation Noise Levels at the Nearest Existing Residential Uses
Predicted Air-Conditioning Unit Noise Levels from Nearest RV Sites Predicted Cumulative Air-Conditioning Unit Noise Exposure from 10 Planning Commission Meeting
November 16, 2021
Item # 8.
Nearest Sites
Table 6 - Predicted Guest Outdoor Conversation Noise Levels from Nearest RV or Glamping Sites
Table 7 - Predicted Cumulative Guest Outdoor Conversion Noise Exposure from Nearest 5 Sites
Table 8 - Predicted Swimming Pool Activity Noise Levels at the Nearest Existing Residential Uses
Table 9 - Predicted Dog Park Noise Levels at Nearest Residential Uses Table 10 - Vibration Source Levels for Construction Equipment and Predicted Levels at 60 feet
Table 11 - Trip Generation Forecasts
Table 12 - Existing Peak Hour Levels of Service at Intersections Table 13 - Project Vehicle Miles Traveled
Attachments
Attachment 1 - Project Plans dated October 2020
Attachment 2 - Wetlands and Water Features Map
Attachment 3 - NID Potential Wetlands Delineation Map
ATTACHMENTS
Attachment 5 -
Attachment 6 -
Attachment 7 -
Attachment 8 -
Mitigation Monitoring and Reporting Plan
Findings and Conditions of Approval
Resolution No. 2022-_Authorizing LAFCO Application for a Sphere of Influence Amendment and Annexation of ±45 acres for the RV Park Resort and Annexation Project as presented
Ordinance No. Prezoning the Properties Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone as presented; and,
ON FILE WITH C\T\ CLERK AND PROVIDED TO C\TY COUNCIL UNDER
SEPARATE COVER
Attachment 9 - Project Comments
Application 20PLN-29 11 Planning Commission Meeting
November 16, 2021
Item # 8.
Ciry OF GRASS VALLEY
COMMUNITY DEVELOPMENT DEPARTMENT
Revised Initial Shidy & Mitigated Negative Declaration - Grass Valley RV Resort and Annexation Project - Sphere^of Influence Aniendment, Annexation, Fre-zone, Development Review and Use Permit 11425 McCourtney Road and ±25 acres generally located north and east of McCourtney Roa<y01d Auburn Road (20PLN-29)
y '<l^
SCH# 2021090541
September 30, 2021
Revised January 13, 2022
ATTACHMENT 4
Item # 8.
PAG£20FS5
TABLE OF CONTENTS
Page
A. Public and Agency Review.............................................................................................................3 B. Project Location and Site Description......................................................................4 C. Project Description...........................................................................................................................9 D. Regulatory SettingandRequrredAgency Approval.................................................. 19 E. Environmental Factors Potentially Affected............................................................................... 21 F. Evaluation of Enviroiunental Impacts........................................................................................^ I. Aesthetics .............................................................................................................................. 22 II. Agriculture Resources & Forest Resources ....................................................................... 25 III. Air QuaUty............................................................................................................................. 27 IV. Biological Resources............................................................................................................. 32 V. Cultural/Tribal Cultural Resources................................................................................... 38 VI. Energy..................................................................................................................................... 41 VII. Geology and SoUs................................................................................................................. 42 VtII. Greenhouse Gas Emissions...........................................................................44 IX. Hazards and Hazardous Materials. ................................................................ 47 X. Hydrology and Water Quality...................................................................... 49 XI. Land Use and Planning...............................................................................52 XII. Mineral Resources...................................................................................... 53 XIII. Noise....................................................................................................... 54 XP/. Population and Housing............................................................................. 65 XV. PubUc Services.......................................................................................... 66 XVI. Recreation............................... .......... .......... ........ ........ ........... ..........68 XVII. Transportation.......................................................................................... 69 XVIII. Utilities and Service Systems........................................................................ 78 XD(. WUdfire..................................................................................................... 80 XX. Mandatory Findings of Significance...............................................................^ GV RV Park Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 3 OF 85
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
This Initial Study constitutes a revised environmental analysis addressing comments received during the environmental public review period and supplementing the analysis and conclusions of the September 30, 2021, Initial Study/Mitigated Negative Declaration. For clarity, the revisions contained herein are identified as bold text for te?ct that has been inserted and strikeout text for text has been deleted. All comment letters and associated responses are attached herewith as Attachment 9 - Comments on Initial Study/Mitigated Negative Declaration.
Specifically, the revised Initial Study/Mitigated Negative Declaration reflects the site plan amendments recommended at the December 21, 2021, Planning Commission meeting including:
. Prohibition of portable generators and wood burning fire pits. . The removal of 3 RV spaces from 150 to 147 RV spaces; . Relocation of the pond from the center of the site to north of the clubhouse; . Additional bioretention areas north of the existing landmark tree; . Additional bermin^landscape screening areas around the perimeter of the site; . An additional gated emergency ingress/egress on McCourtney Road with Knox Box; . Solar panel array adjoining the southeastern property line.
Moreover, additional information is provided thereby addressing comments received. The supplemental environmental review clarifies and amplifies the information contained in the IS/MND circulated for the project initially on September 30, 2021.
In accordance with the California Enviroiunental Quality Act (CEQA) Guidelines Section 15063 (Initial Study), the City of Grass Valley has prepared this Initial Study to assess the potential enviromnental impacts of the proposed Grass Valley RV Park Resort and Annexation Project including entitlements consisting of a Sphere of Influence Amendment, Annexation, Pre-zone, Development Review and Use Permit. On the basis of the Initial Study, the City finds that the proposed project wiU not have a significant adverse effect on the environment and wiU not require the preparation of an Environmental Impact Report. Therefore, tinis Mitigated Negative Declaration has been prepared as the appropriate level of environmental review in accordance with CEQA and the CEQA Guidelines Sections 15063 and 15070 et. seq.
Public and Agency Review:
This Initial Study/Mitigated Negative Declaration is being circulated for a 30-day public and agency review cominencing September 30, 2021, and ending on close of business on October 29, 2021. Copies of this Initial Study and cited references may be obtained at the City of Grass Valley Community Development Department at the address noted below. Written comments on this Initial Study/Mitigated Negative Declaration may also be addressed as noted below.
The revised Initial Study need not be recirculated for public review in accordance with Section 15073.5 of the CEQA Guidelines under the following circumstances.
1. Mitigation measures are replaced with equal or more effective measures piirsuant to Section 15074. 1.
2. New pro'ect revisions are added in response to written and verbal comments on the pro'ect's GV RV Park Aimexation Project City of Grass VaUey
Initial Study/Mitigated Negative Declaration January 13, 2022 September 30, 2021
Item # 8.
PAGE 4 OF 85
2. New project revisions are added in response to written and verbal comments on the projects effects identified in the proposed negative declaration which are not new avoidable significant effects.
3. Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.
4. New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.
The revisions provided herein adhere to the above criteria. New information added to the Mitigated Negative Declaration merely clarifies, amplifies or makes insignificant modifications to the Mitigated Negative Declaration.
The project revisions include amendment to the site plan added in response to written comments on the project's effects, which are not new avoidable effects and are not necessary to mitigate an avoidable significant effect.
Project title: Grass Valley RV Park Resort and Annexation Project - Sphere of Influence Amendment/ Annexation, Pre-zone, Development Review and Use Permit (20PLN-29) - located at 11425 McCourtaey Road and north and east of McCourtaiey and Old Auburn Roads.
Lead agency name and address:
City of Grass Valley Cominunity Development Department
125 E. Main Sfa-eet
Grass VaUey/ CA 95945
Contact person, phone number, and e-mail:
Lance E. Lowe, AICP, Principal Planner
125 E. Main Sfa-eet
Grass VaUey, CA 95945
530-274-4716
lancel@ci of assvaUe . corn
Project Location and Site Description:
The project site contains ±45 total acres consisting of 33 legal parcels. The project site is in Section 26, Township 16N, Range 8E Mt. Diablo Base Meridian on City of Grass Valley 7.5-minute USA quadrangle.
Approximate coordinates of the center of the site are 39° 21' 59" north and -121° 05' 27" west (Exhibit A - Vicinity Map and Exhibit B - Aerial Photograph).
The subject RV Park Resort site is located at 11425 McCourtney Road and the Annexation properties are generaUy located north and east of McCourtney Road and Old Auburn Road with the following APNs and acreage (See Exhibit C - Project Annexation Map and Table 1 -Assessor's Parcel Numbers):
GV RV Park Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
Janiiary 13, 2022 Scptombcr 30, 2021
Item # 8.
PAGE 5 OF 85
Exhibit A - Vicinity Map
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Qty of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
Exhibit C - Annexation Map
PAGE 6 OF 85
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Initial Study/Mitigated Negative Declaration
Gty of Grass Valley
January 13, 2022 Scptcmbci 30, 2021
Item # 8.
PAGE 7 OF 85
AREA 1
APN:
007-550-016
007-400-001
007-400-006
007-400-011
007-400-001
007-400-012
007-380-007
007-380-002
007-380-004
007-380-006
007-380-008
007-380-009
007-380-010
007-380-011
007-380-014
007-380-017
007-380-018
007-380-020
007-380-021
007-380-022
007-380-026
007-380-027
Total Acrea'
- ±40 ACRES
Acrea e
20.02 4.88
1.42 2.76
4.87 0.52
0.10 0.72
0.57 0.11
0.19 0.11
0.19 0.20
0.38 1.08
0.61 0.62
0.18 0.25
0.66 0.56
41 Table 1 - Assessor's Parcel Numbers
AREA 2-±2.2 ACRES
APN: Acrea e
029-220-001 0.19
029-220-003 0.37
029-220-004 0.71
029-220-005 0.76
AREA 3-±2 ACRES
AFN:
029-220-006
029-220-008
029-220-010
029-220-011
029-220-012
029-220-016
029-220-017
Acrea e
0.9 0.21
0.21 0.40
0.22 0.10
0.17 2.03 2.21
Surrounding Land Uses:
The project area to the east is mostly developed with commercial and residential uses with the Nevada County Fairgrounds located to the west and California Highway Pati-ol Office located to the north. East and south of the project area is generally larger parcels that contain open space and partial rural residential development. The project area is located southwest of downtown Grass Valley with the developed areas of Grass Valley located east, southeast, and northwest from the project site. State Route 49/20 is located approximately ±0.6 imles to the east/northwest from the subject parcel (Exhibit C - Site Photographs).
Exhibit D - RV Site Photographs/Annexation Areas Photographs .
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GV RV Park Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 September 30, 2021
Item # 8.
PAGE 8 OF 85
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Initial Shidy/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 SGptcmbor 30, 2021
Item # 8.
PAGE 9 OF 85
Project Objective:
There are two objectives of the project: 1) Annexation and Pre-zone of half of Annexation Area 1 identified as the Grass Valley RV Park Resort, including development of the Grass Valley RV Resort on a ±20-acre parcel. The objective of the RV Park is to fill the void of transit occupancy accommodations in the City of Grass Valley and surroundings. The RV Park Resort would provide an additional 450147 recreational vehicle (RV) spaces with full hookups and up to 15 glamping sites for short term camping. 2) Annexation and Pre-zone of half of Annexation Area 1 and all of Annexation Areas 2 & 3. These areas are to have a City of Grass VaUey General Plan designation of Office Professional (OP) and a City of Grass Valley Zoning designation of Neighborhood Center Flex (NC-Flex) Zone for the ±25 acres. Presently, the properties have an array of both commercial and residential land uses. The Nevada County Land Use Designation is Office Professional (OP). The City's NC Flex Zone is more befitting of the types of mixed commercial and residential uses existing than the County's Office Professional (OP) Zone designation. Other than Annexation and City General Plan and Zoning designations, no development is proposed in the Annexation areas.
Project sponsor's name and address:
MiUennium Planning & Engineering
471 Sutton Way, Suite 210
Grass Valley, CA 95959
Attn: Rob Wood, AICP/ Principal Planner
(530) 446-5765
PROJECT DESCRIPTION:
The Grass Valley RV Resort and Annexation Project includes entitlements including a Sphere of Influence Amendment, Annexation/ Pre-zone, Development Review and Use Permit as further described:
S here of Influence Amendment and Annexation - The Sphere of Influence Ainendment will add the RV Park Resort property into the City's Sphere of Influence and re-designate the project area from the City's Long-Term to the Near-Term Annexation Schedule.
Annexation includes segments of McCourfaney Road and Old Auburn Road and the entirety of the ±45 acres identified as Annexation areas 1-3. Annexation area 1 consists of ±40 acres of developed and undeveloped lands; Annexation area 2 consists of ±2.2 acres of office and residential uses; and, Annexation Area 3 consists of 2 acres of office and residential uses.
General Plan Desi nation - The City of Grass Valley has a General Plan land use designation of Office Professional (OP) for the entirety of the +45 acres. No General Plan Amendment is necessary for the project.
Pre-zone - A Pre-zone of Corporate Business Park (CBP) is proposed for the 20-acre RV Park property identified as part of Annexation Area 1. The Corporate Business Park (CBP) Zone is applied to areas of the City appropriate for employment with a "campus" type character, which GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 September 30, 2021
Item # 8.
PAGE 10 OF 85
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A Pre-zone of the properties is proposed to the Neighborhood Center (NC-Flex) Zone for approximately half of Annexation Area 1 and all of Annexation Areas 2 and 3. The NC-FIex Zone is intended to proinote flexibility of use, allowing the inarket to detennine ground floor character while establishing the built form in order to ensure neighborhood compatibility. The NC-Flex Zone permits both coimnercial/ residential as well as inixed uses. No specific development is proposed for these properties (Exhibit E - Pre-Zoning Exhibit).
The current Nevada County land use designation is Office Professional (OP). As such, many of the existing residential land uses are considered legal non-conforming and may not be expanded or further developed. Conversely, the existing land uses, consisting of a ncibc of residential and commercial land uses consistent with the NC-Flex Zone, may be expanded in accordance with the Development Standards of the City's Development Code.
Develo ment Review and Use Permit - In the CBP Zone/ A Development Review Permit is required for the site planning and architectural design review of the RV Park ResortrA Use Permit is also required for RV Parks in the CBP Zone subject to Findings in Section 17.72.060 of the City's Development Code. The Findings required relate to compatibility of the use with the neighborhood.
The RV Park Resort project plans dated October 20, 2020, include the following details:
Site Plan - The revised site plan shows the development of a 450147 space Recreational Vehicle (RV) park with 15 no hookup "glamping" spaces for short term cainping on ±20 acres. "Glampmg" is a form of cainping involving accommodation and facilities more luxurious than those associated with fa-aditional tent camping (See Exhibit F - RV Park Resort Site Plan).
The typical RV spaces are 15 feet wide by 56 feet in length. The back in RV pads are 14 feet in width by 45 feet in length. A gravel vehicle parking area of 8 feet by 20 feet m length adjoins the RV parking facilities for owner vehicles.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 Soptcmbor 30, 2021
Item # 8.
Exhibit F - Revised RV Site Plan
PAGE 11 OF 85
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GV RV Park Resort & Aimexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 12 OF 85
Access, Parking and Circulation - Primary access is located on Old Auburn Road approxunately 500 feet south of the McCourtney Road intersection. Secondary emergency access connecting to Old Auburn Road is proposed at the southeast corner of the site and will be gated. An additional emergency access is also provided on McCourtney Road, at the center of the site, and will also be gated. Interior roadways wiU be 24 feet in width for 2-way traffic and 16 feet wide for 1-way roads.
The only 1-way road is proposed within the interior of Phase 1 for the puU-through spaces. AU roadways within Phases 1 & 2 will be paved and the access driveway within Phase 3 is proposed to be gravel. As noted, typical pull-through spaces are 56 feet in length and 15 feet in width. All pullthrough spaces will be concrete with landscaping and a concrete lounging pad (see Preliminary Landscape Plan). Typical back-in spaces are concrete, 45 feet in length and 14 feet in width and include a ininimum 8 foot by 20-foot gravel space for vehicle parking (See Cross Sections A-A/ B-B, &C-C of Sheet C2.0).
Clubhouse - Additional user amenities wUl be located within the main clubhouse building of approxiinately ±4,565 square feet including restrooins laundry facilities, recreation room, lounge area, check-in services, and a mini store to provide essential supplies for guests of the RV Resort.
The clubhouse is proposed for guests of the RV Park Resort solely.
Recreational Amenities - The RV Park Resort will offer many amenities including a walking path throughout, a dog-friendly area, resfa-ooms with showers, office check in, game room, coin laimdry, electric bike and scooter rentals, general store. Electric Vehicle (EV) charging station, an outdoor pool & hot tub, pickle ball court, horseshoes, Bocce Ball court and BBQ/picnic areas and pond. The pond is to supplement fire suppression and may also be used for fishing. The RV Park spaces will include full-service hookups/ including electric water and sewer. Each space will consist of a concrete pad with landscaping framing each of tiie sites. The 15 no hookup glamping sites include tents in a wooded setting (western section of the property). Three (3) restroom facilities with showers will be situated throughout the
site, including the clubhouse.
Visual & Landscaping - The site was most
recently iised for truck and equipment
parking by PG&E and parking for various
events at the Nevada County Fairgrounds.
The majority of the property is an open
field that has been covered in gravel. The
western section of the property is tree
covered of ±2.6 acres with NIDs Allison
Ranch Canal fa-aversing this section of
property.
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The RV Park Resort will be visible from both
Auburn Road and McCourfaiey Road. The topography of the site and surrounding areas are gentle to rolling slopes. Landscaping has been designed to screen the RV Park Resort along Auburn Road and McCourtney Road and parking areas.
GV RV Park Resort & Aimexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 13 OF S5
A revised landscape plan has been prepared for the RV Park Resort property (Sheet L - 1). The revised landscaping plan includes ground cover, shrubs, and decorative trees and landscape berms throughout the RV Park Resort project site. A t}^pical RV pad detail is provided illustrating concrete lounging areas framed by ta-ees, shrubs and ground cover plantings (See Exhibit G - RV Park Landscaping).
Exhibit H - RV Park Resort Landscaping Plan
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GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
Januaiy 13, 2022 September 30, 2021
Item # 8.
PAGE 14 OF 85
Architectural Building Design - The project proposes a clubhouse bnilding of approximately ±4,565 square feet plus two additional resta-oom buildings of approximately ±398 square feet each.
Architectural details have been incorporated into the design consistent with the City's Design Standards. The clubhouse is approximately ±20 feet in height from finished grade to tine ridgeline of the building and approximately ±23 feet to the top of the boxed frame chimney. Various materials are proposed such as ashlar stone at the entry way/ natural stained re-sawn wood posts, charcoal gray Hardi-board & batten siding/ and dark charcoal corrugated metal roofing.
The resfa-ooms are approximately ±14 feet in height to the ridgeline. Materials consist of vertical Hardi-board & batten siding, horizontal Corten metal siding with a corrugated metal roof. Each resfa-oom wUl contain 4 toilets, 4 sinks and 4 shower stalls, includmg an ADA accessible toilet room and ADA accessible shower rooin.
Exhibit I - Architechu-al Elevations
II
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Lighting - Outdoor lighting is proposed around the parking areas and resta-ooms. A photometric plan and calculations are provided reflecting a standard lumen package for the main parking areas.
Pedestrian bollards are proposed around the glamping parking area. The pedestrian bollards are intended to define the hardscape boundaries and to reduce light from extending into the glamping areas. The resta-ooms each have a short 12-foot pole and single luminaire with a highly diffused lens to minimize glare.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
Qty of Grass Valley
January 13, 2022 SoptombGr 30, 2021
Item # 8.
PAGE 15 OF 85
Signage - A monument
sign is proposed near the
intersection of Auburn
Road and McCourtney
Road. The monument
sign will include the
name of the RV Resort
Park and a website. The
dimensions of the
monument sign
proposed are ±10 feet in
width by ±5 feet in
height. The monument
sign will be placed on a
footing and Cement
Masonry Unit (CMU)
block wall base.
Exhibit J - Monument Sign Flan
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Topography - The RV Resort Park parcel is relatively flat ranging between ±2,425 above Mean Sea Level (MSL) in the western area adjacent to the NID canal to ±2/465 along the southern border along Auburn Road. In general, the project site slopes towards the northwest within the far western section of the subject parcel and from the east to west within the eastern section of the subject parcel towards the center of the project area where a swale area crosses the subject parcel from north to south. In general, the western section of the parcel that contains gravel slopes slightly toward the east where the swale crosses the parcel.
Grading and Retaining Walls - The preUmmary grading plan calls for ±24,823 cubic yards of cut and ±19,198 cubic yards of fill resulting in an excess of ±5,625 cubic yards of soil. The excess material is proposed to be used on-site for landscaping. Due to the relatively level topography, no retaining walls are proposed wifh the project. The site will be graded in compliance with ADA site accessibility standards.
Tree Remcwal - According to the tree removal plan (inset Sheet Cl.O), twenty-four trees are to be removed from the site located on the westerly portion of the property. Based upon the site surveys/ the project area does not contain any landmark oak ta-ees that wUl be removed or disturbed.
The ±36-mch Black Oak, located in the center of the site, is to be protected as a mapped landmark tree and will not be disturbed as part of the project. The tree wiU be protected as part of the project site planning and no development wUl occiir witi-un the driplme of the ta-ee.
Fencing - Fencing consists of existing three raU vinyl rail fencing around the perimeter of (he property. The fencing will remain with the RV Park Resort.
Drainage - A Preliminary Drainage Analysis was prepared by Millennium Planning & Engineering in January 2020. Storm water treatment facUities were sized using a storage requirement of one inch of the total im ervious area. B inco oratin on-site treafanent utilizin bio-retenUon basins and GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 Soptcmbor 30, 2021
Item # 8.
PAGE 16 OF 85
landscaping/ post development peak runoff leaving the site will not exceed pre-development runoff/ therefore there will be no iinpact to downstream properties.
Water Quality Treatment M.ethods - Storm drainage wUl be collected and routed through a storm drain system that will direct rimoff to multiple bioretention ti-eatment areas and a storm drainage swale.
Overflow runoff will be directed to the existing roadside ditch on McCourtney Road. The foUowing list includes Best Management Practices (BMPs) used prior to discharge of flow to existing drainage facilities and creeks.
BMP#
TC-30 Vegetated swales and rock-lined swales will provide pre-treatment by collecting and slowly conveying runoff to downstream b-eatment facilities. They are designed to treat runoff through filtering and trapping sediment and other pollutants with angular rock lining or vegetation in the channel, filtering through a subsoil mata'uc and infilfa'ation into the underlying soils.
TC-32 Bioretention areas remove pollutants by filtering runoff through plants and engineered subsurface soU/ which restores groundwater levels, and reduces peak runoff by capturing and filtering stoniiwater.
TC-50 Initial water quaUty ta-eatment is provided in each Storm Drain Inlet utilizing a 12-inch deep sump. The sump, located below the storm drain inlet, captures sand and sediment and includes weep holes and infilfa-ation.
Utilities - Water Supply: Treated water is available and will be provided by Nevada Irrigation District (NID). There is an 8-inch water line along McCourtney Road and a 12-inch ductile iron water main along Old Auburn Road. Tie-in(s) to the water main are proposed from Old Auburn Road in coordination with NID. Irrigation water wUl be provided by NID via the existing canal on the southwest portion of the property. A pcrtion of the canal onsite is proposed to be encased priorlto tine consfa-uction of Phase 3 of the RV Park Resort to avoid conflicts between development and the open NID canal.
NID modeling identified a total of 500 gallons per minute (gpm) from their existing system. Offsite upgrades needed to NID's water infrastructure to serve the project site for fire suppression are financially prohibitive for the RV Park Resort Project. Accordingly/ the project is proposing to supplement fire flow via a an approximate ±60 foot wide by ±180 foot long pond area. The pond has been relocated north of the clubhouse and will be required to be deep enough to accommodate 1,500 gpm for a 2-hour duration in accordance witi-i City of Grass Valley Fire Department standards.
Sanitary Sewer: Sanitary sewer will be provided by City of Grass Valley upon annexation. The closest tie-in to the City's sewer system is approximately ±2,000 feet from the site, near the Brighton Street/McCourtney Road intersection. A pump station will be constructed on-site and a combination of force main/gravity will be installed from the project site to the City's existing sewer system. The sewer main will transition from a 2-inch force main to a 6-inch gravity main from the high pomt of McCourtney Road to the tie-in near Brighton Street to aUow future properties along McCourtney Road to tie into the new sewer main.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 17 OF 85
RV Disposal: A proposed RV dump station is located at the southeast corner of the property. The dump station will tie into the sanitary sewer system for the property.
Dn/ Utilities: Dry utilities (i.e., natural gas, electrical supply, telephone, cable) are located along McCourtney and Old Auburn Roads. The existing overhead powerlines that run north/south through the property will be undergrounded and rerouted on-site concurrently wifh site development. An array of solar panels are also proposed along the southeastern property line.
General Plan Land Use Designation
The project area has a City of Grass Valley land use designation of Office Professional (OF)/ according to the City of Grass Valley 2020 General Plan. The Office Professional (OP) classification provides for concentrations of free-standing offices and large office complexes. The designation is intended to facilitate both offices and supporting activities and land uses. The Office Professional (OP) General Plan designation is consistent with both the proposed Corporate Business Park (CBP) and Neighborhood Center Flex (NC-Flex) Zone designation.
Zoning Designation
The RV Park site is proposed to be designated as Corporate Business Park (CBP). The CBP Zone is applied to areas of the Qty appropriate for employment with a "campus" type character, which includes landscaped open space between buildings, screened service areas/ uniform signage and sta-eet lighting standards and maintenance of a landscaped theme throughout.
The City Pre-zone is Neighborhood Center Flex (NC-Flex) for half of Area 1 and all of Areas 2 and 3 along McCourtney Road. The primary intent of the NCFlex Zone is to work in combination with the NC Zone to promote the vitality of corridors and
centers within different neighborhpo^is. The zone
intends flexibility of use, allowing the market to
determine ground floor character while
establishing the building form in order to ensure
neighborhood compatibility.
Project Phasing
The RV Park is proposed to be consfa-ucted in
four phases:
Phase I -
. 73 RV spaces
. Clubhouse & parking lot
. Project amenities (except Swimming Pool -
Future Phase 3)
. Restroom with showers
. Pond with su lemental water stora e 1,500
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
Exhibit K - RV Park Phasing Plan
PHASES.
Swimming Pool ^7~~~~vy
°%?s
^Sis
PROJECT PHASING
City of Grass Valley
January 13, 2022 Soptcmbor 30, 2021
Item # 8.
PAGE 18 OF 85
gallons) to meet fire flow requirements
. Landscaping & Lighting
. Monument signage
. Gated emergency ingres^egress on McCourtney with Knox Box Phase II -
. Zz- 74 RV spaces
. 2 additional restrooms with showers
. Emergency Access Road with gate and Knox Box
. Extend requisite utilities
. Additional landscaping and lighting
. Solar panel array adjoining the southeastern property line Phase III -
. Swimming Pool (optional)
Phase IV -
. 15 Clamping sites
. Encase NID canal, as reqiiired
Offsite Improvements
The following offsite improvements are required of the RV Park Resort Project:
. Curb, gutter, sidewalk and ADA improvements along Old Auburn Road from project entrance to McCourtney Road intersection
. Design right-turn-lane into project on Old Auburn Road . Pedestrian crossing improvements at McCourtney Road/ Old Auburn Road Intersection . Increase in City sewer from 2 inch to 6 inch and extension of City sewer lines from Brighton Street to RV Park Resort project site.
California Environmental Quality Act Application - The CEQA analysis of the project includes anticipated environinental impacts of the Sphere of Influence, Annexation and Pre-zone of ±25 acres of NC-Flex Zoned property into the City limits as well as the specific RV Park Resort Project impacts on the ±20-acre site. As noted, the annexed properties have a Nevada County Office Professional (OP) Land Use designation which are slated for development of such uses. Considering no specific development is proposed on these properties, the envu-omnental consequences of changing the City/County land use designation is evaluated. Unlike the RV Park Resort Project, considering no development is proposed on these properties, the CEQA analysis does not speculate on environmental impacts that may on occur per the CEQA Guidelines.
Specifically/ per CEQA Guidelines Section 15145/ if after a thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the lead agency should note its conclusion and terminate discussion of the impact.
Additionally, in accordance with Section 15146, the "Degree of Specificity" rule is used in the GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 September 30, 2021
Item # 8.
PAGE 19 OF 85
That is the "Degree of Specificity" required in this Initial Study/Mitigated Negative Declaration corresponds to the degree of specificity involved in the underlying activity, which is described in the IS/MND.
An IS/MND on a construction project such as the RV Park Resort will necessarUy be more detailed m the specific effects of tiie project than wiU be an envtronmental evaluation on/ in this case the Annexation and Pre-zone because the effects of the consfa-uction can be predicted wifh greater accuracy.
The IS/MND on the Annexation and Fre-zone will focus on the secondary effects that can be expected to follow from the adoption, but the IS/MND is not as detailed as the environmental analysis on the specific RV Park Resort.
Regulatory Setting and Required Agency Approvals
The following Qty of Grass Valley, Responsible and/or Trustee Agency permits are required prior to construction of the RV Park Resort Project:
. City of Grass Valley Department of Public Works - Improvement Plan, Grading Plan, Encroachment Permit and Tree Permit approvals.
. City of Grass Valley Commimity Development Departa-nent - Site Plan and BuUding Plan Approvals and Conditions of Approval/Mitigation Measure compliance verification. . State Department of Housing and Community Development (HCD) - BuUding, Plumbing, Mechanical, and Elecfa-ical Permits in accordance with the California Codes. . City of Grass Valley Fire Department - Site Plan, Improvement Plan and Building Plan Approvals.
. A Storm Water Pollution Prevention Plan (SWPPP) shall be approved by the Regional Water Quality Control Board in accordance wifh the Clean Water Act. . A Dust Mitigation Plan shall be approved by the Northern Sierra Air Quality Management District.
. Timber Harvest Permit Exemption (for less than 3-acre conversion) from fhe California Department of Forestay and Fire Protection.
. Army Corps of Engineer (Section 404 permits) - A Section 404 Clean Water Act (CWA) Permit is required for the potential NID water Une wetlands.
. Nevada County Environmental Health Department (NDEHD) - An operators permit shall be obtained from Nevada County Environmental Health Department for the project including the general store and RV dumping station.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 20 OF 85
. County of Nevada/City of Grass VaUey - City/County Tax Sharing Agreement prior to Annexation. The existing City/County Annexation agreement is expected to suffice. . Local Agency Formation Commission (LAFCO) - Approval of Sphere of Influence Amendment and Annexation of properties into the City of Grass Valley City limits.
Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "NO Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to a project like the one involved (e. g. the project falls outside a fault rupture zone). A "NO Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and consta-uction as well as operational iinpacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made/ an Environmental Impact Report (EIR) is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where tiie incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact. " The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5) "Less-Than-significant Impact:" Any impact that is expected to occur with implementation of the project, but to a less than significant level because it would not violate existing standards. 6) "No Impact:" The project would not have an impact to the environment. 7) Earlier analyses may be used where, pursuant to Tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration. 8) Lead agencies are encouraged to incorporate into the checklist reference to information sources for potential impacts (e. g. general plans, zoning ordinances). Reference to a previously prepared or outside document should/ where appropriate/ include a reference to ti-ie page or pages where the statement is substantiate
GV RV Park Resort & Annexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 Soptcmbcr 30, 2021
Item # 8.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project/ involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
m Aesthetics
^ Biological Resources
D Geology/Soils
Hydrology/Water Quality
Noise
Recreation
I WUdfire
n Agriculture & Forestry Resources ^ Air Quality
Cultural Resources Q Energy
II Greenhouse Gases II Haz/Hazardous Mat.
II Land Use/Planning
m Population/Housing
n Transportation
Man. Findings/Significance
Mineral Resources
D Public Services
QUtil. /Service Systems
None
DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there wiU not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATFVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment/ and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGA DEC ARATION pursuant to applicable standards, and (b) have been avoided or mitigat purs t to that earlier EIR or NEGATF/E DECLARATION, including revisions or initiga e that are imposed upon the proposed project, nothing hirther is required.
Qt l^ ^^
Lance we, I P, Principal Planner Date
Item # 8.
PAGE 22 OF 85
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. AESTHETICS -
Would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
SETTING
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact No Impact
D
D
D D
The aesthetic value of an area is a measure of its visual character and quality, combined with the viewer response to the area (Federal Highway Administration, 1983). The visual quality component can best be described as the overall impression that an individual viewer retains from residing in, driving through, walking through, or flying over an area. Viewer response is a combination of viewer exposure and viewer sensitivity, Viewer exposure is a function of the number of viewers, the number of views seen, the distance of the viewers, and the viewing duration. Viewer sensitivity relates to the extent of the public's concern for a particular view shed (U.S. Bureau of Land Management, 1980).
The City of Grass Valley 2020 General Plan notes that the City does not contain any officially designed scenic highways or vistas, but generally acknowledges the City and its surroundings as having a wide range of landscapes, scenic vistas and visual resources.
Annexation areas 1, 2 and 3 contain a mix of residential and commercial properties along McCourfa-iey Road and Old Auburn Road. The properties do not contain scenic vistas, fa-ees, rock outcroppings and historic buUdings wititiin a scenic highway.
The RV project site has ±1,200 and ±900 feet of frontage along McCourtney Road and Auburn Road respectively. According to the Tree Inventory prepared by Greg Matuzak, there are ±75 fa-ees on the site, many of which are subject to the City's Tree Permit Ordinance. According to the project plans, ±24 trees are proposed to be removed with development of the project. However, the 36-inch California Black oak ta-ee located in the center of the site is proposed to be protected as a mapped landmark tree with no development occurring witi-un the dripline of the tree. No other scenic resources, including, but not limited to trees, rock outcroppmgs, and historic buildings are located on the subject ±20-acre project site.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
Tanuary 13, 2022 September 30, 2021
Item # 8.
PAGE 23 OF 85
Sources of existing light and glare in the project area are streetlights, residential lighting and parking lot lighting from the Nevada County Fairgrounds and CA Highway Patrol Office. Other sources of light and glare include vehicles traveling along McCourtney Road and Old Auburn Road.
IMPACTS
a)&b) No specific development is proposed for the residential and commerdal annexation areas along McCourfaiey Road and Old Auburn Road. Accordingly, no impact wUl occur to a scenic vista, ta-ees, rock outcroppings, and historic buildings within a state scenic highway for tihis segment of tihe project. No impact wUl occur.
From its undeveloped state, the RV Park Resort development and related improvements would alter the views along McCourtney and Old Auburn Roads.
A project would norinally have a substantial adverse aesthetic effect through removal of natural features or addition of man-made features or structures which degrades the visual intactness and unity of the scenic vista or highway. Considering scenic vistas or scenic highways are not witiun the project vicinity, the RV Park Resort project wiU not substantially damage scenic resources, including, but not limited to: h-ees, rock outcroppings, and historic buildings within a state scenic highway. No impact will occur. c) Distinguishing between pubUc and private views is important when evaluating changes to visual character or quality, because private views are views seen from privately-owned land and are typically associated with individual viewers/ mcluding views from private residences. Public views are experienced by the collective public and include views of significant landscape features and along scenic roads. According to CEQA (Pub. Resources Code/ § 21000 et seq.) case law, only public views, not private views, are protected. For example/ in Association for Protection etc. Values v. City of Ukiah (1991) 2 Cal.App.4fh 720 [3 Cal. Rptr.2d 488], the court determined that "we must differentiate between adverse impacts upon particular persons and adverse iinpacts upon the environment of persons in general." As recognized by the court in Topanga Beach Renters Assn. v. Department of General Services (1976) 58 Cal.App.3d 188 [129 Cal.Rptr. 739]: '[A]ll government activity has some direct or indirect adverse effect on some persons. The issue is not whether [the project] will adversely affect particular persons but whether [the project] will adversely affect the environment of persons in general/" Therefore, the focus in this section is on potential impacts to public views. Sensitive public viewers in the surrounding area would primarily consist of motorists, pedestrians/ and bicyclists travelling on McCourtney and Old Auburn Roads.
Given there is no development proposed for the north half of Annexation areas 1, 2 and 3, views wiU not be altered along this segment of McCourtney Road.
The proposed RV Park Resort project would change the visual character and quality of the site from a vacant, undeveloped graveled lot used for parking to a RV park, with associated buildings and landscaping. For motorists, bicyclists, and pedestrians fa-avelling on McCourtney and Auburn Roads, the proposed project could potentially obscure rural views to the south and east with RVs and clubhouse iinproveinents. However, the views looking GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 24 OF 85
south and east along McCourtney and Old Auburn Roads are not considered scenic.
Additionally/ the landscaping proposed along the periphery of the RV property consisting of ground cover plantings/ shade and decorative ta'ees including Heteromeles Arbutifolia, Sambucus Caerulea and Rhamuniun Californica aim to partially shield the RVs and related improvements from public roadway views. The relocation of the pond to the corner of McCourtney Road and Old Aubiirn Road may be considered as having aesthetic value in a rural area.
Generally/ new development, if not carefully designed, can result in adverse impacts on sites open to public view. Adopted policies of the City's General Plan Community Design Element (Chapter 10 of the 2020 General Plan) aim to preserve the desirable physical and design features in Grass VaUey and carry them over into new development so that old and new development appear compatible. The City's Commimity Design element states that new development within established areas shall be consistent m terms of scale, design, and materials.
The project area has predominately residential and commercial appearance/ which transitions into larger rural properties along McCourtney and Old Auburn Road. Again, no development is proposed with the Annexation areas so no impact is expected along this segment of McCourtney Road and Old Auburn Road. The RV Park property is landscaped along McCourtney and Old Auburn Roads, so it is expected that the landscaping will provide a landscaped transition to the rural properties to the south and east.
The architectural design of the clubhouse iinprovements for the RV Project includes architectural detailing, natural materials and parking lot landscaping consistent and compatible with the residential and commercial architecture in the neighborhood and the City's Community Design Guidelines as outlined in the project description.
The RV Park Resort buildings comply with the setbacks and building height in the Corporate Business Park (CBP) Zone.
Of the ±75 trees identified on the property, the project is anticipated to remove ±24 of the trees from the site (32%). The City's Design guidelines suggest a 20% tree retention for all other types of development in the City. The RV Park Resort project proposes to retain 68% of the trees on the 20-acre site.
As shown on the project plans, the ±36-inch California Black Oak is to be protected as part of the site planning. No development will occur withm the dripline of the Black Oak located adjacent to the proposed bioretention area.
The replanting wiU make up for the ±24 fa-ees removed as there is ±42 b-ees to be planted along the periphery of the property as well as landscaping screening and berming according to the revised landscape plans. The additional fa'ees and landscaping soften the appearance of the RV Park Resort project on neighboring properties, passing motorists and pedestrians alike. These impacts are therefore considered less than significant.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 Soptombfi 30, 2021
Item # 8.
PAG£250F85
d) Existing sources of day and nighttune light within and around Grass Valley include those common to developed areas, including motor vehicle lights along McCourtney and Old Auburn Roads, City and County sfa-eetlights, parking lot lighting, buUding lighting and signage in the project area.
No additional lighting is proposed for the Aimexation areas so no additional impacts wUl occur.
Lights to be installed on RV Park Resort project site include clubhouse lighting, parking lot lighting, pedestrian path bollard lighting and monunient signage. Per City standards, all lighting is required to contain down shields thereby du-ecting light downward. The project lighting must be directed so as not to spill light onto neighboring properties. A photo-meta-ic plan has been submitted with the project iUusta-ating compliance with the City's lumen standards. Accordingly, light spillover is not anticipated to cause a significant impact to neighboring properties. Overall, potential lighting impacts associated with tiie project are considered less than significant.
AGRICULTURE
RESOURCESRESOURCES & Potentially Significant
Impact
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section
12220(g), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)?
d) Result in the loss of forest land or conversion of forest land to non-forest uses?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
Less Than
Significant
With Less Than
Mitigation Significant
Incorporation Impact No Impact
D
D
SETTING
The RV Park Resort and Armexation project areas are situated in an area that has been designated and zoned for office use according to the Nevada County General Plan and Zoning Ordinance.
GV RV Park Resort & Annexation Project
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City of Grass VaUey
January 13, 2022 SoptQmbor 30, 2021
Item # 8.
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Except for the ±-20-acre RV Park Resort project site, the project area has been largely built out with a mix of office uses and existing residential uses.
"Agricultural Land" is defined as prime farmland, farmland of statewide importance/ or unique farmland, as defined by the United States Department of Agriculture Land Inventory and monitoring criteria/ as modified for California.
The RV Park Resort property has been used for PG&E equipment storage and overflow parking associated with tine Nevada County Fairground events. No agricultural operations or forestry lands have existed on the project site for many years as defined according to the U.S. Department of Agriculture. Although, the property contains trees, the project site does not faU under the definition of forest lands as defined by Public Resources Code Section 12220(g).
IMPACTS
a)&b) The RV Park Resort and Annexation sites are designated as "Urban and Built-up Land" as defined according to the U.S. Department of Agriculture. As defined. Urban and Built-up Land is used for residential, mdusta'ial, commercial, construction, institutional, and public administrative purposes. Highways and other transportation facilities are also mapped as a part of Urban and Built-up Land if they are a part of the surrounding urban areas." The California Resources Agency farmland mapping program does not identify the project site or vicinity as having Prune Farmland, Unique Farmland, or Farmland of Statewide Importance.
The proposed project area has been designated for urban development zoned for office professional uses according to the Nevada County's General Plan and Zoning.
Considering no farmland as defined by CEQA exists within the project area, the proposed project will not involve conversion of farinland or zoning for agricultural use/ including any farmlands under Williamson Act Conta-act. No impact will occur. c)-e) As noted in the project setting above/ the project wUl not conflict with existing zoning or cause the rezoning of forest land (as defined in Public Resoiurces Code Section 12220(g), timberiand (as defined by Public Resources Code Section 4526), or timberland zoned tunberland Production (as defined by Government Code Section 51104(g)).
Although/ the RV Park Resort project is slated to remove ±24 trees from the site, the project will not result in the loss of forest land or conversion of forest land to non-forest uses as defined. Standard conditions of approval require the applicant to obtain an exemption (for less than 3-acre conversion) of a Timber Harvest Permit from the California Department of Forestry and fire Protection.
Additionally, the applicant will be required to obtain a Tree Removal Permit from the City of Grass Valley in accordance with Chapter 12.36 of the City's Municipal Code. Prior to removing trees/ the City's Tree Permit process requires mitigation for the loss of protected ta-ees with payment of in-Ueu fees or replanting on-site or combination thereof. Based upon the preliminary revised landscape plan, the applicant is proposing to mitigate the loss of trees with replanting on-site. No impact will occur.
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negadve Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
III. AIR QUALITy -
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulative considerable net increase in any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
SETTING
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
PAGE 27 OF 85
Less Than
Significant
Impact No Impact
D
D
The project is located within the Northern Sierra Air Quality Management District's (NSAQM^D) jurisdiction. The overall air quality in Nevada County is good but two known air quality problems exist. Ozone and Suspended Particulate Matter (PM-10). Nevada County is a "non-attairunent" for both pollutants. PM-10 in Grass Valley meets federal ambient ozone standards but exceeds the more stringent State standards in the winter, primarily due to smoke created from wood stoves and fireplaces. Violations in the summer months have been noted during forest fires or periods of open burning. PM-10 is usually associated with dust generated during construction. Western Nevada County is a non-attainment area for the federal 8-hour ozone standard and the entire county is nonattainment for the state one-hour ozone standard.
The NSAQMD has adopted standard regulations and conditions of approval for projects that exceed certam air quality threshold levels to address and mitigate both short-and long-term air quaUty emissions. The NSAQMD has established the below thresholds of significance for PM-10 and the precursors to ozone, which are reactive organic gases (ROG) and niti-ogen oxides (NOx). The NSAQMD has developed a three-tiered approach to significance levels A through C: A project with emissions meeting Level A thresholds require the most basic mitigations; projects with projected emissions in the level B range requiring more extensive mitigations; and those projects which exceed Level C thresholds, requiring an Environmental Impact Report to be prepared, which may result in even more extensive mitigations.
GV RV Park Resort & Annexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
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IMPACTS
a) The RV Park Resort and Annexation Project does not conflict with or obsti-uct implementation of an air quality plan prepared by NSAQMD. No impact will occur. b-c)The project will be required to comply with NSAQMD standard threshold regulations and air quality mitigations and therefore wUl not result m a cumulative considerable net increase in any pollutant for which the project region is non-attaininent under applicable federal or state ambient air quality standards.
No impacts will occur for the Annexation areas 1-3 considering no development is proposed for these areas.
Imtial construction of the RV Park Resort will impact air quality. Construction-related emissions vary substantially depending on the level of consfa-uction activity/ length of the construction period, specific construction operations/ types of equipment, number of personnel/ wind, precipitation conditions, and soil moisture content. In its developed condition as a transient recreational use, air pollutant emissions would be generated by, but not limited to einissions from proposed firepits, energy emissions from the operation of natural gas-or propane fueled water and space heating systems, and area source emissions from the use of consumer products, RVs, gas appliances, gas-powered landscaping equipment, and vehicle exhaust of residents and guests.
Energy use emissions are generated by on-site natural gas and propane consumption for space and water heating and coolmg. Area source emissions are generated by landscape maintenance equipment, consumer products/ and architectural coatings. Finally/ stationary source emissions are generated by the operation of portable generators.
Operational emissions include inobile source emissions, energy use emissions, and area source emissions. Mobile source emissions are generated by motor vehicle trips to and from the project site associated with operation of the project. Project ta'ip generation rates used in CalEEM.od were taken from the Traffic Impact Analysis prepared by K.D. Anderson and Associates for the RV Resort project. The TIA provides an average daily fa-ip (ADT) generation rate of 2.7 ADT per space.
Considering 150 RV spaces and 15 glamping spaces, resulting in 165 spaces total, the RV Resort project would generate an estimated 446 ADT. However/ to account for a representative vehicle fleet that would reasonably generate the estimated vehicle trips for the proposed project, 1 motorhome vehicle ti"ip and 1.7 passenger vehicle ta-ips were assumed to be generated for each space. Therefore, the RV Resort project was assiuned to generate an estimated 165 motorhome vehicle ta-ips and 281 passenger vehicle trips per day.
In review of the project, the California Emission Estimator Model (CalEEMod) Version 2016.3.2, emissions modeling program was used to estimate air pollutant emissions associated with The RV Park Resort and Annexation project. CalEEMod quantifies construction emissions associated with the use of off-road equipment, on-road worker coiiunute, construction delivery and haul trucks, and application of architectural coatings. The software calculates construction emissions by construction phase based primarUy on anticipated equipment (e. g., graders/ dozers, forklifts)/ GV RV Park Resort & Annexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 29 OF 85
hours of use, estimated area of disturbance, nimiber of vehicles, and distance of vehicle trips.
According to CalEEM.od modeling results/ air quality impacts for both construction and longterm operational (occupancy) phases would be less than significant for all regulated air pollutants. That is, the daUy emissions are all below the Level B thresholds adopted by NSAQMD as quantified in Table 2:
TABLE 2 - Project Construction and Operational Emissions Estiinates ROG(lbs/day) NOx (Ibs/day) PMu (Ibs/day) CO (Ibs/day
Project Constmction Impacts 20.65 75.6 25.15 70.2
Project Operational Impacts 62.76 11.29 20.05 92.56
NSAQMD- Significance
Thresholds
Maximmn Project Emissions
Maximum Project Emissions
Level A Thresholds
ROG (Ibs/day) NOx (Ibs/day) PMio Obs/day) N/A
<24 Ibs/day <241bs/day <791bs/day
Level B Thresholds
ROG (Ibs/day) NOx (Ibs/day) PMio (Ibs/day) N/A
24-136 Ibs/day 24/136 Ibs/day 79-136 Ibs/day
Level C Thresholds
ROG (Ibs/day) NOx (Ibs/day) PMu (Ibs/day) N/A
>1361bs/day >1361bs/day >1361bs/day
According to the Air Quality and Greenhouse Gas Technical Report prepared by Millennium Planning and Engineering updated July, 2021, the RV Park Resort project would not involve the operation of land uses identified in California Air Resources Board's (CARB's) Air Quality and Land Use Handbook: A Community Health Perspective, such as a landfill/ distribution center, indusMal manufacturing facility, or wastewater treatinent plant which would reasonably be expected to result in a potentially significant iinpacts to nearby sensitive receptors from typical operations such as heayy-duty trucking or industrial chemical processes. Therefore, the RV Park Resort project is not anticipated to result in operations which could expose sensitive receptors to substantial concentrations of toxic air pollutants.
As shown in Table 2 daily emissions generated by construction and operation of the proposed project would not exceed the thresholds of significance in the NSAQMD Guidelines. As a result, the proposed project would not result in potentially significant air quality iinpacts and would not conflict with or obstruct implementation of the NSAQMD air quality plan and standards.
Moreover, the proposed RV Park Resort project would not violate the thresholds of significance established by NSAQMD for ozone precursors and PM10, the two criteria pollutants which the region is classified as non-attamment.
Consta-uction emissions are temporary in nafaire but have the potential to represent a significant short term air quality impact. Operation of off-road construction equipment and vehicles, inobile sources (e.g. delivery vehicles/ constaruction worker vehicles), and architectural coatings generate PM, Nox/ and ROG emissions. Generation of these emissions are a function of the types and number of heavy-duty and off-road equipment used and the intensity and frequency of their o eration as well as vehicle tri s er da associated with deUve of construction materials the GV RV Park Resort & Aimexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 September 30, 2021
Item # 8.
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importing and exporting of soil, vendor fa-ips/ and worker cominute trips, and the ROG concentration of architectural coatings. Fugitive dust emissions are also among the pollutants of greatest concern during construction activities and depend greatly on required operations, number and type of vehicles, vehicle speeds/ local soil and weather conditions, and extent of site disturbance.
Consta-uction of the RV Resort project woiild involve demolition, site preparation, grading, excavation, paving, and architectural coating activities using typical construction equipment. As previously discussed, the RV Resort project would be required to implement District Rule 226, Dust Confa-ol, which includes reducing vehicle speeds on unpaved roads to no more than 15 miles per hour and regular watering of disturbed areas as necessary to reduce fugitive dust emissions. Therefore, the construction emission estimates contamed herein incorporate the implementation of these dust control measures. While emission estimates demonstrate that no emissions would exceed NSAQMD significance thresholds/ the RV Resort project would include earthwork activities within 1/000 feet of a sensitive receptor (i.e. residential use). Therefore, in accordance with District Rule 226, recommended Mitigation Measure AQ 1 has been imposed.
Although construction and operation of the proposed project would not exceed NSAQMD significance thresholds, NSAQMD's standard mitigation measures for projects with Level B thresholds are iinposed thereby minimizing project emissions to an acceptable level. Such conditions are considered appropriate to apply to the proposed project to promote maintenance of air quality in the region. The standard mitigations recommended by NSAQMD are consistent with goals of State Implementation Plans for the District.
AQ 1 - Mitigation Measures:
Prior to the issuance of grading permits, the project applicant shall include in the General Notes and/or Grading Plan, provisions for Dust Control, including the following conditions:
1. The applicant shall be responsible for ensuring that all adequate dust control measures are implemented in a timely manner during all phases of project development and construction. All material excavated, stockpiled, or graded shall be sufficiently watered, treated, or covered to prevent fugitive dust from leaving the property boundaries and causing a public nuisance or a violation of an ambient air standard. Watering should occur at least twice daily, with complete site coverage.
2. All areas with vehicle traffic shall be watered, or have dust palliative applied as necessary for regular stabilization of dust emissions.
3. All on-site vehicle traffic shall be limited to a speed of 15 miles per hour on unpaved roads.
4. All land clearing, grading, earthmouing, or excavation activities shall be suspended as necessary to prevent excessive windblcfwn dust when winds are expected to exceed 20 miles per hour.
5. All inactive portions of the development site shall be covered, seeded, or watered until a suitable cover is established. Alternatively, the applicant may apply City-approved nontoxic soil stabilizers (according to manufacturer's specifications) to all inactive construction areas (previously graded areas which remain inactive for 96 hours) in accordance with the local grading ordinance.
6. All material transported off-site shall be either sufficient watered or securely covered to prevent public nuisance, and there must be a minimum of 6 inches of freeboard in the bed of the transport vehicle.
7. Paved streets adjacent to the project shall be swept or washed at the end of the day, or more frequently, if necessary, to remove excessive or visibly raised accumulations of dirt and/or mud which may have resulted from activities at the project site.
GV RV Park Resort & Annexation Project
Initial Study/Midgated Negative Declaration
City of Grass Valley
January 13, 2022 ScptcmbQr 30, 2021
Item # 8.
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8. Prior to final occupancy, the applicant shall re-establish ground caver on the site through seeding and watering in accordance with the City's grading ordinance.
AQ-2 Mitigation Measure:
RcGtrictiono on Generator Uoc - Portable generators uood on site shall bo limited to the 15 glamping sites only and shall not exceed 10 horocpowcr. Prior to the iosuancc of a certificate of occupancy, the applicant shall include in the General Notes and/or Site Plan the location and contents of oignagc which would convey the prohibition of portable generators uocd at sites that provide full hook ups. Signago located on the site for this purpose shall include a. phone number where visitors may call to report a violation of this restriction. The applicant shall provide the City with documentation, to the City s oatiofaction, which dcmonstmtQS that the project would prohibit the use of portable generators at sites providing jull hook upG during visitor check in and facility patrols, as applicable.
AQ - 3 Mitigation Measure:
Vehicles used on-site shall not idle for greater than 5 minutes at any time or location. Prior to the issuance of certificate of occupancy for the project, the applicant shall include in the General Notes and/or Site Plan the location and contents of signage which convey the restriction of vehicle idling to no greater than 5 minutes at any time or location. Signage location on the site for this purpose shall include a phone number where visitors may call to report a violation of this restriction. The applicant shall provide the City with documentation, to the City's satisfaction, which demonstrates that the project would prohibit idling for greater than 5 minutes at any time or location.
The nearest sensitive receptors (i.e. residential uses) are located ±1000 feet to the north, west and south'of die RV Park Resort property. Impacts of developing the RV Park Resort project site will result from initial constmction and long-term operation of the RV Park Resort facility. Initial construction-related air pollutant einissions would originate from mobile and stationary sources including but not limited to construction equipment exhaust, dust resulting from earthdisturbance, painting, and asphalt and/or concrete paving.
Areas with high vehicle density, such as congested intersections and parking garages, which occur during Nevada County Fair events, have the potential to generate high localized concentrations of carbon monoxide, or CO hotspots, which can adversely affect sensitive receptors. It should also be stated that due to the RV Park Resort project s proximity to the Nevada County Fairgrounds, which provide recreation opporfainities for RV Park Resort patrons during fair events/ an increase in pedestrian fa-affic crossing McCourtney Road may occur, potentially resulting in increased idling emissions from existing vehicle ta-affic along McCourtney and Old Auburn Roads. However/ when this circiunstance occurs, it would not result in a substantial amount of additional vehicle emissions but would be generated by existing vehicle traffic along McCourtney and Auburn Roads and not vehicle traffic generated by the RV Park Resort project. Moreover/ this occurrence woiild be most likely to occur during large events hosted by the Nevada County Fairgrounds and would not constihite regular conditions imposed by the RV Park Resort project.
In addition, no physical obsfa-uctions or roadway configurations exist on McCourtaiey and Old Auburn Roads, which may restrict the flow of resultant CO emissions, such as the freeway overpass or timnel. Due to the RV Park Resort project not violating established emission flu-esholds or constitutm land uses icaU associated with toxic air Dilution eneration and GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
January 13, 2022 September 30, 2021
Item # 8.
PAGE 32 OF 85
the absence of physical roadway features which may contribute to the generation of a CO hotspot, the RV Park Resort project woidd not result in the exposure of sensitive receptors to substantial pollutant concentrations.
Since operational emissions would be in accordance with accepted thresholds and constructionrelated emissions would be short-term, with implementation of NSAQMD's recommended mitigation measures, the proposed project's emissions are not anticipated to expose sensitive receptors to substantial pollutant concentrations. Therefore, impacts are anticipated to remain less than significant with implementation of standard NSAQMD's mitigation measures for Level B projects as noted below. Therefore, this impact is considered less Uian significant. d) The RV Park Resort includes odor generating uses such as a dog park, restrooms and showers, coin laundry, pool, hot tub and a BBQ area with outdoor kitchen facilities. Refuse collection stations (dumpsters) have the potential to create odors; however/ the refuse enclosures would be emptied on a weekly basis and include lids to contain odors and spiUage. The refuse enclosures are located at designated areas throughout the project site, and one sewer dump station would be located in the southern portion of the project site, near the southern site enta-ance. Access to the RV Park Resort site would be resMcted to future patrons and employees; therefore, the garbage and sewer dump facilities would not be used by the general public.
Moreover, operation of the project would involve food preparation activities, smoke from firepits, sewage deposits frocn RV reservoirs, bathroom and laundry rooin use and garbage collection. Odors generated from food preparation activities, firepit smoke, RV dump station, bathroom and laundry room use and garbage collection would not likely result in a public nuisance occurrence as odors would be localized and would not be anticipated to be detected at the nearest existing residences north of the project site. Odors generated by these activities could be detected by future patrons of the RV Resort project; however, future patrons would not be considered long-term receptors as the RV Park Resort constitutes transient lodging.
Additionally, the most potent odors potentially generated by the RV Park Resort project are sewage and garbage odors, which are limited due to the refuse locations within the site. For instance/ tihe garbage collection dumpsters are located in the interior of the project site, spread out among the project site at each access. The sewage dump station would additionally be located near the southern enfa-ance to the project site, ±800 feet from the closest receptor.
Therefore, the RV Park Resort project would not constihite a land use that is typically associated with substantial odor generation and would not inta-oduce new long-term odor receptors which may be exposed to existing odor sources. These potential impacts are less than significant.
IV. BIOLOGICAL RESOURCES -
Would the project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact No Impact
GV RV Park Resort & Annexation Project
Initial Study/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021
Item # 8.
PAGE 33 OF 85
IV. BIOLOGICAL RESOURCES -
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service?
c) Have a substantial adverse effect state or federally protected wetlands, (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact No Impact
a
D
D
D
D
SETTING
The RV Park Resort and Annexation project area are located withm sites that have been mostly developed. As an example, the RV Park Resort site is covered in gravel and has been used for both PG&E vehicle parking as well as parking for events at the adjacent Nevada County Fairgrounds.
Previous annual grasslands that once dominated the subject parcel are now covered under gravel so very little vegetation remains within the RV Park Resort project site except for a few small patches of annual grasslands and an area dominated by ponderosa pine within Ae western/southwestern section of the project area. The southwestern section of the project area contains the NID canal and adjacent potential wetlands. The project areas are also adjacent to/nested witf-un fragmented Mixed Conifer Forest habitat. Directly north, south and west of the project area contains road development as well as rural residential development containing large areas of wooded and grassland habitats. To GV RV Park Resort & Annexation Project
Initial Shidy/Mitigated Negative Declaration
City of Grass VaUey
January 13, 2022 September 30, 2021