Item # 8.
39 APPENDIX B - PROCEDURE TO MONITOR CHAIN OF CUSTODY
Upon implementation of its drug/alcohol-testing program, the City of Grass Valley should enter a contractual agreement with a NIDA certified physician service, hospital, and/or laboratory.
Inter alia, the contractee should design a chain of custody procedure, a copy of which should be provided by the City to the Bargaining Unit. Items to be addressed include:
A Who will coordinate the urinalysis program? This question really has two parts: What department will be responsible for the program, and who will collect the sample? B. How will sample tampering be prevented?
C. Chain of custody samples: Starting at the time of collection, a sample's chain of custody must be documented and protected. Chain of custody is a legal term that refers to the ability to trace the sample from the time it was donated by the employee or applicant through all the steps in the process: from collection, through analysis, to reporting the result.
1. Were the specimen and the reported result correctly matched?
2. It will be further required that each time the sample changes hands or is moved from one place to another, it is signed and kept in a secure area to insure against inadvertent or intentional switching with another sample.
3. The elements of a good chain of custody procedure include the following:
The employee should be supervised while delivering the specimen.
The specimen container/s, preferably tamper-proof, should be banded directly to the person supervising the collection and labeled and sealed immediately. (The sample should be split, with one container held in reserve for possible re-testing).
The collector and the donor should initial the bottle to indicate that both agree that the bottle contains the person's urine specimen.
The name of each person who has access to the specimen should be noted on a form accompanying the specimen.
The sample should be kept in a secure place such as a locked room or refrigerator until it is either tested or sent to the laboratory.
Item # 8.
40 APPENDIX B - PROCEDURE TO MONITOR CHAIN OF CUSTODY (continued) Testing performed at the workplace should be done in a secure location to avoid the possibility of a passerby exchanging samples.
The sample must be transported to an outside laboratory. It should be mailed in a sealed container. U.S. Mail, or a commercial postal service or courier are all acceptable means for transporting specimens.
The specimen must be in the same condition when offered as evidence as it was when taken, unless the change is for a justified purpose such as an alteration required for the testing procedure.
D. Further items to be addressed concern the documentation procedures and consequences when an employee:
1. Refuses to submit a specimen; or
2. Alleges that he/she cannot provide a specimen.
E. Maintenance of confidentiality by facility and employer:
1. If the medical department does the testing and the results become part of the medical file, that file is protected under law.
2. Stringent confidentiality is required by all departments of the City. Unless there is justifiable reason to know the test results, the information should be confidential.
Item # 8.
41 APPENDIX C – CLASSIFICATIONS (UNIT 3)
The terms and conditions of this agreement shall apply to active covered employees employed by the City within the following classifications:
Account Clerk I Account Clerk II
Senior Account Clerk Senior Admin Clerk
Accounting Technician Accountant I
Finance Technician Finance Specialist
Police Evidence/Property Technician Police Records Technician Community Service Officer I Public Safety Analyst
Community Service Officer II
Engineering Tech I Engineering Tech III
Engineering Tech II Sr. Engineering Tech
Engineering Technician
Animal Control Officer Senior Animal Control Officer
Animal Shelter Kennel & Office Assistant Community Services Analyst I Parking Enforcement Officer Community Services Analyst II Senior Planner Associate Planner
Account Clerk I
Account Clerk II
Senior Account Clerk Senior Admin Clerk
Accounting Technician
Accountant I Finance Technician
Finance Specialist Police Evidence/Property Technician
Police Records Technician
Public Safety Analyst
Engineering Tech I
Engineering Tech II Engineering Tech III
Engineering Tech Engineering Tech Sr.
Animal Control Officer Senior Animal Control Officer
Building Official Community Services Analyst
Senior Planner Associate Planner
The Union shall be considered the recognized bargaining agent for any classes certified to it by the Civil Service Commission during the term of this MOU. The City shall provide, upon request, a written list of all new hires and separations for all classes represented by the Union.
Item # 8.
42
Item # 8.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Second Reading of Ordinance No. 818 Amending the City’s Development Code.
Recommendation: For Council to reconsider allowing food trucks in commercial zones and to hold a Second Reading, by Title only, of Ordinance No. 818, Amending the City’s Development Code for 2022.
Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: September 13, 2022 Date Prepared: September 6, 2022 Agenda: Administrative
Background Information: On August 23, 2022, the City Council conducted a public hearing and adopted amendments to the City’s Development Code for 2022. The various Development Code Amendments include, but are not limited to: consideration of limiting the quantity of Short Term Rentals (e.g. Airbnb, VRBOs, etc.) allowed in residential zones; amending monument and mural sign permit approval processes; adding a definition and use for beekeeping; expanding Limited Term Permits to include Mobile Food Facilities (food trucks); increasing the height of carriage houses; approval of uses in the Recreation and Public Zones; allowing open type fencing in the Creek and Riparian Zones; updating the City’s Affordable Housing Density Bonus section and section that deals with appeals related to Tentative Maps to ensure consistency with State law. The Development Code was adopted by the City Council on April 11, 2007, and has been amended multiple times since adoption.
Following City Council approval of the Development Code Amendments, staff met with restaurateurs concerned with expanding the Limited Term Permits Definition Temporary Vendor Carts/Stands to include Food Trucks. Although, restricted solely to the C-2 Zones (i.e., Brunswick Basin, Target Shopping Center, etc.) the representatives noted that the restaurant business is still recovering from the effects of COVID, and any expansion of Food Trucks undermines brick and mortar businesses. Accordingly, staff recommends that the Development Code Amendments be approved excluding Food Trucks at this time (highlighted in Exhibit A of Attachment 1).
A Second Reading is required to finalize the processing of the ordinance. Should the City Council adopt a second reading of the ordinance on September 13, 2022, the ordinance will become effective 30 days thereafter.
Item # 9.
Council Goals/Objectives: The Development Code Amendments execute portions of work tasks towards achieving/maintaining Strategic Plan Goal #5 – High Performance Government & Quality Service.
Fiscal Impact: Development Code Amendments were prepared with existing staffing resources. No impact to the General Fund will occur.
Funds Available: N/A Account #: N/A
Reviewed by: ______Community Development Dir. _______City Manager ATTACHMENT:
Attachment 1 – Ordinance No. 818
Item # 9.
ORDINANCE NUMBER 818
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AMENDING THE GRASS VALLEY DEVELOPMENT CODE, TITLE 17 OF THE CITY
MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY AS FOLLOWS:
SECTION 1. That Grass Valley Development Code is hereby amended as shown in Exhibit “A”.
SECTION 2. In compliance with Chapter 17.94 of the City Development Code, the City Council adopts the following findings in support of this amendment to the Development Code:
1. The proposed amendments are consistent with the General Plan. Rationale: The 2020 General Plan identifies many policies now reflected in the Development Code. The proposed changes are generally minor clean up items that do not conflict with any specific General Plan policy.
2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Rationale: The proposed changes are considered minor clarifications in general and do not result in any significant changes that could be detrimental to the public interest, health, safety, convenience, or welfare.
3. The proposed amendments are internally consistent with other applicable provisions of the Development Code. Rationale: The proposed changes will create internal consistency with other provisions of the Development Code.
4. On June 21, 2022, the Grass Valley Planning Commission conducted a public hearing on the proposed amendments and provided a recommendation of approval as Development Code Amendments noted in Exhibit “A”.
5. The City adopted a Negative Declaration for the Development Code on April 11, 2007. A Statutory Exemption has been determined by the Planning Commission for the
Item # 9.
ORDINANCE NUMBER 818
2 proposed amendments to the Development Code.
6. The City Council concurs with the recommendations of the Planning Commission and determines the project Statutory Exempt in accordance with Section 15061 (b)(3) as the appropriate environmental review for the proposed amendments to the Development Code.
SECTION 3. The City Council amends the City Development Code, Title 17, through its approval of this ordinance and further adopts and integrates all of the changes to the Development Code, Title 17, of the City Municipal Code as referenced and noted in Exhibit “A”.
SECTION 4. This ordinance shall take effect thirty (30) days from and after the date of its adoption and a summary of said ordinance shall be published once within fifteen (15) days upon its passage and adoption in The Union, a newspaper of general circulation printed and published in the Grass Valley Area.
INTRODUCED and first read on the 23rd day of August 2022 PASSED AND ADOPTED this 13th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney PUBLISH DATE: _______________
Item # 9.
2022 Development Code Amendments
2022 Development Code Amendments EXHIBIT A 1 | Page
Section Current Text Proposed Text Purpose of Amendment SHORT TERM RENTALS (STRs)
17.44.205
Short Term
Rentals
A. Purpose. This section provides standards
for vacation rental homes and hosted
short-term rental units…
ADD
Each property is limited to one short term rental, and
short-term rental units are not permitted in
ADUs/Second Units.
To limit short term rentals in residential
neighborhoods; to comply with State
law, and to ensure the intent of this
section (to minimize impacts on
surrounding residential areas and to
protect the residential character of the
neighborhoods) is maintained.
17.44.205
Short Term
Rentals
B. Standards for Hosted Short-Term Rental
Units.
C. Standards for Vacation Rental Homes.
ADD
Pursuant to the intent of Government Code
Section 65852.150, second units are prohibited from
being used for short term rentals.
To clarify that short term rentals are
only allowed from primary dwelling
units. The intent is to reserve second
units/ADUs for long term rental stock.
Table 3-3
Lodging
Bed and breakfast inn; hosted short term
rental units; vacation rental home1 space for
each guest room, plus 2 spaces for the
manager or owner. For vacation rental home,
- if owner or manager do not occupy home – 1
space per each guest room.
ADD
May be accommodated through on-site tandem
parking – managed by owner or operator.
Because most properties within the City
can accommodate the off-street
parking requirements for STRs via
tandem parking, and tandem parking is
unlikely to cause an issue as guests are
likely renting STR together.
Table 2-7
Hosted Short Term Rental
Vacation Home Rental
Hosted Short Term Rental
Permitted in R-2 & R-3 if existing Legally NonConforming (LNC) Single Family Dwelling (SFD) Vacation Home Rental
Permitted in R-2 & R-3 with approval of MUP and
existing LNC SFD
*STR use would be void if single family dwelling is
replaced with multifamily use.
To allow for an exception to the
restriction of STRs in multifamily zones
where there is an existing single-family
dwelling. The City has received
multiple requests for STRs from SFDs in
multifamily zones, this would address
their desire to have access to the same
use as SFDs in single family zones.
SIGNS
Table 3-9
Sign Permit
Review
Authority
All monument signs and signs within specified
areas – Development Review Committee –
Issue
CHANGE
All monument signs and signs within specified areas –
Director – Issue
To expedite the process and lower the
cost of Monument Sign permits by
eliminating redundant review of plan
submittals. Existing standards
(17.38.080 B.) provide design guidelines
used for approval.
Table 3-9
Sign Permit
Review
Authority
Murals
DRC recommends to PC
REMOVE
DRC review/recommendation – straight to PC for
approval. (If proposed mural is in Historic District,
Historic Commission review will be required).
Help expedite, and make less rigorous,
the mural review process.
Item # 9.
2022 Development Code Amendments
2022 Development Code Amendments EXHIBIT A 2 | Page
Section Current Text Proposed Text Purpose of Amendment
ANIMAL KEEPING
17.100.020 "Crop Production, Horticulture, Orchard,
Vineyard."
ADD
Beekeeping - “Pollinator apiary” means an apiary
established for the pollination of commercial seed,
fruit, nuts, or other commercial crops dependent
upon bee pollination. Pollination apiaries are
temporary in nature, and their longevity is
determined by the specific crop to be pollinated.
To provide a definition of beekeeping
and to support any commercial
agricultural operations wanting to
utilize a pollinator apiary in the City.
FOOD FACILITIES
17.72.040
(E)(10)
Limited Term Permits
E. Allowed Short-Term Activities.
(10) Temporary Vendor Carts/Stands
CHANGE/ADD
“Temporary Vendor Carts/Stands” to include
“Mobile Food Facilities”.
To create standards to allow temporary
Mobile Food Facilities (not associated
with a special event) on private
property.
17.100.020
ADD
Definition: “Mobile Food Facility (MFF).” Any vehicle
used in conjunction with a commissary or other
permanent food facility upon which food is sold or
distributed at retail.
Definition matches Nevada County
Environmental Health Department’s
definition of MFF. Any MFF applicants in
the City will require Nev. County EH
approval, so keeping with their
definition will help align our
interconnected processes.
Table 2-10 Cottage food allowed in Residential zones
only
ADD
Traditional Community Zones (TC, NC, NC-Flex, NG3, NG-2) To allow cottage food businesses in all
residential zones, as required by State
law.
SECOND UNITS/ACCESSORY DWELLING UNITS
Table 2-10 Second Unit or Carriage House
ADD
Note that Second Unit or Carriage House is
permitted in all zones if there is an existing LNC SFD
on the property
To allow owners/residents of LNC SFDs
in non-residential zones to create
second unit/ADU opportunities.
17.100.020
“Permanent Dwelling” is used to define
“second unit or carriage house”: A second
permanent dwelling that is accessory to a
primary dwelling on the same site.
REMOVE
“Permanent dwelling” and replace with “dwelling
unit”
To help provide clarification as there is
no definition of “permanent dwelling”
in the Development Code
17.21.080 –
NG-2
Standards
Ancillary Building Max. 1 1/2 stories, 15'
max.**
ADD
Carriage House allowing 2 stories, 25’ max height
Carriage House is above garage – height
limit of 15’ prohibits ability to construct
unit.
17.100.020 “‘Second Unit’ or ‘Carriage House’” CHANGE
“Second Unit” to “Accessory Dwelling Unit (ADU)”
To update terminology so it aligns with
current state standards.
Item # 9.
2022 Development Code Amendments
2022 Development Code Amendments EXHIBIT A 3 | Page
Section Current Text Proposed Text Purpose of Amendment
PUBLIC ZONE
Table 2-14
Uses currently listed as not permitted in OS
zone:
- Meeting Facility, public or private
- Sports and active recreation facility
- Studio – Art, dance, martial arts, music etc.
ADD
Permitted (P*) designation, and
Note: (4) *Permitted in City parks only
These recreational uses currently take
place in City parks, so this update would
help ensure City code is consistent with
current land uses taking place in parks.
Table 2-14 Use Permit (UP) is required for park projects in the REC (Recreation) & P (Public) Zones
CHANGE
To: P – Permitted Use
To help expedite park projects. Park
projects would be approved by City
Council and would not have to be
reviewed by Planning Commission.
17.26.050 –
OS Zone
17.26.060 –
P Zone
17.26.050 – B. Criteria for Approval
17.26.060 - C.2. …“ approved by the
commission”
Both sections refer to the “commission” for
approval.
CHANGE
“Commission” to “Council” To clarify the approving body.
17.70.030
Table 7-1
ADD
Type of Action: Park Projects
Dev. Code Sections: 17.26.050 & 17.26.060
Role of Review Authority:
Director - Recommend
No Planning Commission Action
City Council - Decision
Current Park projects are required to go
to City Council for approval of funding
and design. This action would prevent
the confusion that’s occurred in the
past where park projects approved by
Council are brought to PC after
Council’s approval.
FENCE & STRUCTURE HEIGHT MEASUREMENT AND PLACEMENT
17.30.040 B.
(1) Notes
A fence or wall up to eight feet in height may
be allowed when the portions above six feet
are of an open design (e.g., lattice, wrought
iron or grille work); or where a solid fence up
to eight feet is authorized by Minor Use
Permit. A Building Permit also may be
required.
ADD
A fence or wall up to eight feet in height may be
allowed when the portions above six feet are of an
open fencing design (e.g., lattice, wrought iron or
grille work); or where a solid fence up to eight feet
is authorized by Minor Use Permit. A Building Permit
also may be required.
To help provide clarification.
17.50.040 H. Open Space Areas.
ADD
Allow installation of decorative, open design fencing
in the open space areas within watercourse
setbacks.
To help separate bank and reduce
encroachment into the creek/water
17.30.050 C.
Height Measurement. The maximum
allowable height shall be measured as the
vertical distance from the natural grade of the
site to an imaginary plane located the
CHANGE/ADD
The maximum allowable height shall be measured as
the vertical distance from the eave or bottom of
parapet of the structure to the finished grade. The
To help clarify height measurement.
Item # 9.
2022 Development Code Amendments
2022 Development Code Amendments EXHIBIT A 4 | Page
Section Current Text Proposed Text Purpose of Amendment maximum allowed number of feet above and
parallel to the grade.
finished grade shall not be artificially raised to gain additional building height.
DENSITY BONUSES | PLANNED DEVELOPMENT PERMITS | SUBDIVISIONS
17.32.010 Affordable Housing Density Bonuses and
Incentives
CHANGE
Due to the fluidity of CA State Housing Density
Bonus laws (SB 2222), staff proposes to edit this
section to refer to state law throughout.
(See attachment to review proposed edits)
To ensure City code doesn’t conflict
with state law.
Staff will have a handout, to be updated
annually, that will help summarize
current state laws related to housing
density bonuses.
17.72.050 Planned Development Permits.
A. Purpose.
ADD
“Planned Development permits are subject to the
review and interpretation of the Community
Development Director.”
To help further support the purpose of
Planned Development Permits:
“flexibility in the application of
development code standards.”
17.72.050
C.1. a. & e.
C. Application Requirements.
1. a. Provision of affordable workforce
housing
units and a mix of housing types.
e. Future short- and long-term fiscal
impacts.
ADD
a. “If” provision of affordable…“is proposed, then”
the applicant shall…
REMOVE
e.
To help clean up this section and
provide more clarity for developers.
Measure E expands funding for such
general fund purposes as increased
police and fire services, enhancing
parks and recreational services, and
improving streets and sidewalks.
Article 8 Chapter 17.80 - Subdivision Ordinance
Applicability and Administration
CHANGE
Due to the fluidity of CA State laws (SB 9 & 10),
staff proposes to edit this section to refer to state
law throughout.
To ensure City code is consistent with
state law.
Staff will have a handout, to be updated
annually, that will help summarize
current state laws related to
subdivisions.
17.80.080 Type of subdivision approval required.
ADD
SB-9 - A proposed housing development containing
no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a
hearing, if the proposed housing development meets
the necessary requirements.
To update City codes to include
definition of Senate Bill – 9
Staff has prepared a handout to provide
to the public that summarizes the
details and requirements of SB-9
application process.
17.80.110
Any interested person may appeal any
decision of the director or city engineer to the
commission and may appeal any decision of
the commission to the council, in compliance
with Chapter 17.91 (appeals).
ADD
In accordance with Map Act 66452.5 – Any appeal of
a project that includes a subdivision map shall be
filed with the clerk of the appeal board, or if there
is none, with the clerk of the legislative body
To ensure compliance with State law.
Item # 9.
2022 Development Code Amendments
2022 Development Code Amendments EXHIBIT A 5 | Page
Section Current Text Proposed Text Purpose of Amendment within 10 days after the action of the advisory
agency from which the appeal is being taken.
MISCELLANEOUS
Table 2-10 Industry, Manufacturing & Processing
Storage
ADD
Storage – Vehicle – Permitted in M-1 zone
Cleanup item. There is a definition for
vehicle storage in glossary, but no
reference to use being allowed in any
zone.
17.24.040
Tables
2-11 & 2-12
Height Limit refers to section 17.30.060
CHANGE
To section 17.30.050
(060 is a typo and incorrect reference)
Cleanup item.
Table 2-13 Additional Zone Standards REMOVE Inapplicable.
Definitions
Extended Hour Retail. A business that is open
to the public between the hours of 11 p.m.,
and 6 a.m.
REMOVE Not used.
Definitions Transect. REMOVE definition and diagram Inapplicable.
Tables 2-7,
2-10, 2-14
S - Permit requirement determined by specific
use regulations REMOVE Not used.
Table 2-7 Day
Care – Large MUP required for all residential zone REMOVEMUP requirement – permitted in all zones per SB 234 To comply with SB 234
Item # 9.