Cities Index.
Agenda packet

Grass Valley City Council
October 25, 2022

Document
Agenda packet
Meeting
October 25, 2022
Body
Grass Valley City Council
Pages
249
Original file
55.0 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

Item # 10.

Potentially
Significant
lmpact
Less Than
Significant
with
Mitigation
lncorporation
Less Than
Significanl
lmpact No lmpact x[. NotsEstandards established in the local general plan or noise ordinance, or as applicable standards of other agencies? b) Generate excessive ground borne vibration or ground borne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within lwo miles of a publjc airport or public use airport, would the proiect expose people residing or working in the project area to excessive noise levels?
tr
SerrrHc
The project is located within an existing
relatively noise free business park with
office and similar uses. Due to the
proximity of the Nevada County Airport,
periodic airplane overflight noise is the sole
noise source in the project vicinity.
soLnd le!€ls {decbels)
loudcat
po.alt b
Ina aound
Noise is generally defined as loud,
unpleasant, unexpected or undesired
sound that disrupts or interferes with
normal human activities. Although
exposure to high noise levels over an
extended period has been demonstrated to
cause hearing loss, the principal response
to noise is annoyance.

Sound intensity is measured in decibels
(dB) using a logarithmic scale. For
example, a sound level of 0 dB is approximately
normal speech has a sound level of approximately
dB become uncomfortable sounds.
shoubd corrcBali(ll
Yadlum dean€t
hlrdng dahagr hom
prolongad .r poBU le
hjsy t8fic '
normsl oofiwr6alion
rlodsrah trlnhl
quigl hous$old room
'slonf libr.ry
r wtilps !12 mohl8
mrmal h€.ting
lanil ol h6.rinC 0h.o$lrcrl)
lhreshold ot hearing
the threshold of human hearing while
50 dB. Sound levels of approximately 120
iadham,nor at souco
passt{ adrlanco
ddlrlaw
pas8iq motoElcb e mobrE)
lhcthold ol pan
rhodlrate lo quial
helnng lo3i hom
rapaaled !rposura
Two composite noise descriptors are in common use today: La, and CNEL. The Ldn (DayNight Average Level) is based upon the average hourly noise level over a 24-hour day, with a +lO-decibel weighting applied to nighttime (10:00 p.m. to 7:00 a.m.) noise values. The nighttime penalty is based upon the assumption that people react to nighttime noise exposures as though they were subiectively twice as loud as daytime exposures.

City of Crass Valley
October 7, 2022 +*tll5ll@22
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PAGE 37 oF 59
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Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration

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Item # 10.

PAGE 38 oF 60
The CNEL (Community Noise Equivalent Level), like La", is based upon the weighted average hourly noise over a 24-hour day, except that an additional +4.77 decibel penalty is applied to evening (7:ffi p.m. to 10:00 p.m.) hours. The CNEL was developed for the California Airport Noise Regulations and is normally applied to airport/aircraft noise assessments. The La" descriptor is a simplification of the CNEL concept, but the two will usually agree, for a given situation, within ldB, Like the noise levels, these descriptors are also averaged and tend to disguise short-term variations in the noise environment. Because they presume increased evening or nighttime sensitivity, these descriptors are best applied as critical for Iand uses where nighttime noise exposures are critical to the acceptability of the noise environment, such as residential developments.

According to the State's General Plan Guidelines and City General Plan Noise Element, noises which are generally less than 65 dB CNEL are normally acceptable for outdoor lowdensity residential uses and 45 dB for the interior considering that any building impacted would be of normal conventional construction without any special noise insulation requirements. Standard construction reduces decibels by another 130 dB (Acoustical and Thermal Performance of Exterior Residential Walls, Doors and Windows, Natural Bureau of Standards).

IMPACTS
a) During initial tenant improvement building construction, an increase in ambient noise levels is anficipated to occur. Noise levels would vary depending on the type of equipment used, how it is operated, and how well it is maintained.

Noise exposure at any single point outside the project work area would also vary depending upon the proximity of equipment activities to that point. The property lines of the nearest existing residential uses are located approxirnately 300 feet away from where the construction activities would occur on the project site.

In accordance with the City's Municipal Code, construction activities will be temporary in nature and will occur between normal working hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and not at all on Sunday and legal holidays.

Considering the distance to sensitive receptors and the type of equipment used for the project, it is not anticipated that construction noise will exceed 165 dB, during the working hours from 7:00 a.m. to 7:00 p.m. This potential impact is less than significant.

Occupancy noise generated from the proposed project includes, but is not limited to, vehicle engine noise, car door noise, and normal conversation. These noise sources are anticipated to occur in the parking lot approximately 1200 feet from the nearest adjoining residential uses. Noise levels associated with these noise sources are projected at +60 dB based upon noise generation rates and may be increased with a +l0-decibel weighting applied to nighttime (10:00 p.m. to 7:00 a.m.) noise values. However, these noise sources can generally be reduced approximately 6 dB at distances of 100 feet. At 2fi) feet the reduction is estimated at 12 dB.

City of Grass Valley
October 7, 2022 *ugai+161022
Inconcert Sierra Project
lnitial Study/Mitigated Negative Declaration

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Item # 10.

PA0E 39 oF 59
With standard residential construction materials and methods, noise estimates may be reduced another t30 dB resulting in noise sources of t28 dB. Equivalent noise sources between 20 - t() dB are akin to the sound of "a whisper at 2 meters", "a silent library" or "quiet household room." It should be noted that these noise sources are existing; intermittent and short term. These impacts are less than significant according to the State's General Plan Guidelines and City General Plan Noise Element tfuesholds. b) The proiect will not generate excessive ground borne vibration or ground bome noise levels.

No impact will occur.
c) The project is located within two miles of the Nevada County Airpor! however, due to the acoustical tenant improvements associated with the assembly/music use, the proiect will not expose people residing or working in the proiect area to excessive noise levels.

No impact will occur.

Potentially
Signmcant
lmpact
Less Than
Signmcant
Mitigation
lncorporation
Less Than
Significant
lmpact No lmpacl XIII. POPULATION AND HOUSING -
Would the project:
a) lnduce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, lhrough exlension of roads or other infrastructure)?
tr
b) Displace substantial numbers of existing people or housing, necessitating lhe construclion of replacement housing
elsewhere?
SETflNG
The project relocates existing entertainment businesses within an existing 41.600 square foot building with an established developed area. No new facilities are proposed with the proiect.

IMPACTS
a) The project will not induce substantial unplanned population growth in the area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). No impact will occur. b) The prolect will not displace substantial numbers of exisdng people or housing, necessitating the construction of replacement housing elsewhere. No impact will occur. lnconcert Sierra Proi€ct
Initial Study/Mitigated Negativ€ Declaration
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x
City of Crass Valley
{)ctotF. r 7, 2022 A,gBsstl5,-M

Page 170 ends

Item # 10.

Polenlially
Significant
mpacl
Less Than
Signmcant
[,4itigation
Incorporation
Less Than
Significant
lmpacl
XIV. PUBLIC SERVICES _
Would the project:

No lmpact
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause signiricant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

SETTTNG
The proposed proiect area is within the City of Grass Valley and is served by the following public services:

Fire Protectiorr: The City of Grass Valley Fire Department provides fire protection and emergency medical services within the City. The Ophir Hill Fire Protection District serves lands east of the City limits, and the Nevada County Consolidated Fire District (NCCFD) serves the area generally north, west, and south of the City limits.

The Fire Department is part of the tri-agency Joint Operating Agreement that includes the Nevada City Fire Department and NCCFD. The Fire Department has three locations: Fire Station #1 (474 Brighton Street), Fire Station #2 (213 Sierra College Drive), and administrative offices at City Hall (125 East Main Street). Equipment includes three front line engines, one reserve engine, one Office of Emergency Services (OES) engine, a ladder truck, one air support unit, and five staff vehicles.

Police Protection: The Department currently employs 27 FTE swom members and 3 FTE civilian staff. Based upon Grass Valley's population ol 13,041, the department's ratio of police officers per 1,000 residents is 2.1.

Scftools: Throughout Grass Valley, the Grass Valley School District serves K-5 students and the Nevaaa toint t tnto
Inconcert Sierra Project City of Crass Valley
Initial Study/ Mitigated Negative Declaration October 7, 2022 A{8rsg6,?022 x
X
x
PAGE40 oF 59

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Item # 10.

PAGE41 oF 59
district contracts (which can be retracted), 467 students from Grass Valley currently attend schools in other school districts.

Pcrks: The Grass Vailey public parks and recreation system is comprised of approximately 108 acres of City Park lands, including seven developed parks (Dow Alexander, Elizabeth Daniels, Glerm Jones, Minnie, Memorial, DeVere Mautino, and Condon and one underdeveloped palk Morgan Ranch) within the City limits.

IMPACTS
a) The project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of City's public services. These impacts are considered less than significant.

Less Than
Significant
Mitigalion
lncoDoration
Less Than
S gnifrcanl
lmpact No lmpact XV. RECREATION -
Would the prolect
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might, have an adverse physical effect on the environment? SETflNG
The City owns and maintains eight park/recreation facilities. These include three parks currently classified as "community parks": Condon Park, Mautino Park, and Memorial Park. One of the eight parks, Morgan Ranch, is still undeveloped. In addition, the City contracts with Nevada County Historical Society to operate the Pelton V\rheel Mining Museum/Glen Jones Park. An inventory of City owned/operated parks and recreation facilities include: Memorial Park, 8.4 acres; Condon Park, 80 acres; Pelton l4lheel Mining Museum/Glen Jones Park, 1.7 acres; Brighton Street Park (Minnie Street), 1.6 acres; Elizabeth Daniels Park,0.3 acres; Dow Alexander Park,0.5 acres; Morgan Ranch Park, 4.08 acres; and Mautino Park, 12.5 acres.

Additional park/recreational facilities within the City of Grass Valley but ou,ned and maintained by entities other than the City are: Nevada County Country Club, 58 acres; Sierra College fields, 7'95 acres; Hennessy School, 3 acres.
tr
Inconcert Sierra Proiect
Initial Study/Mitigated Negativ€ Declaration
City of Grass Valley
October 7, 2022 4i*g*6@
Potentially
Signilicanl
lmpact
tr x
tr
tr

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Item # 10.

PACE42 oF 59
The City's Quimby Act park ratio is five acres Per 1,000 residents. The City has a park/population ratio of thirteen acres per 1,000 persons.

IMPACTS
a)&b) The proiect would not increase the use of existing neighborhood and regional Parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. No impact will occur.

The project does not include recreational facilities or require the construction or expansion of recreational facilities which might, have an adverse physical effect on the environment. No impact will occur.

Potentially
Significant
lmpact
Less Than
SiOnilicanl
[,] itigataon
lncorporation
Less Than
Significant
lmpact No lmpact
XVI. TRANSPORTATION/TRAFFIC -
Would the pro.iect:
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guideiines section '15064.3 subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.9. sharp curves or dangerous intersections) or incompatible uses (e.9. farm equipment)?
d) Result in inadequate emergency access? tr

SETTTNG
As ofJuly 1,2020, Senate Bill 743 went into effect. SB 743 is now the appropriate metric for assessing transportation impacts in accordance with CEQA. SB 743 was codified in Public Resources Code Section 2'1099 and required changes to the CEQA Guidelines. Pursuant to Section 2L099, the criteria for determining the significance of transportation imPacts must promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. To that end, the Ofice of Planning and Research (OPR) proposed, and rc Califurnia Natural Resource Agency certihed and adopted, changes in the CEQA Guidelines that identify Vehicle Miles Traveled (VMT) as the most appropriate metric to evaluate a project's transportation impacts.

Consequently, the past practice of automobile delay, as measured by "Level of Service" and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA. x
tr
lnconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of CIass Valey
October 7, 2022 ,4rltt,5tt6rl023
tr tr
a
tr
x
tr
tr
tr
tr
tr

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Item # 10.

PAGE 43 oF 59
However, Level of Service (LOS) is still evaluated for General Plan consistenry and the imposition of Traffic Impact Fees to fund the City's Capital Improvement Program.

A Trffic Study lus been prepared by Pism Engineeing dated April 28, 2022, for tlrc InConcert Siura Project.The objective of the Traffic Study is to investigate and analyze the potential for Vehicle Miles Traveled (VMT) impacts relating to the proposed venue location change of two existing performing arts businesses located in the greater Grass Valley/Nevada City area. The analysis of the traffic study is the proposed specific new location for these two existing performing arts businesses known as InConcert Sierra, and Sierra Stages, which are both currently in service at different smaller venue facilities in Grass Valley and Nevada City.
l4rhat is unique about the Traffic Study is that for the most part, the InConcert Sierra and Sierra Stages business traffic is already extant on the roadways but is going to two different venue locations. This collaborative proiect of combing the venue locations will cause all business traffic to relocate to the new location proposed at 125 Crown Point Court. This will change existing travel patterns towards the proposed facility where all concerts will be hosted, theatre performances will take place, as well as all contain onsite all office facilities relating to these performing arts businesses.

The questions to be answered within the Traffic Study are: "what impact, if any, will the relocation of these two existing performing arts businesses to a single location have on air quality and Vehicle Miles Traveled (VMT), as well as any potential impact to the tra{fic operations on local roadways?" The Traffic Study addresses these questions and provides a qualitative and creative methodology to determining whether VMT is expected to increase or decrease once the proposed changes to venue location are realized. Technically, the regional traffic model which calculates VMT is not sensitive enough to properly detect such a change in VMT for small projects based on only on relocation, and especially since the proiect traffic already exists in two places in Nevada County. Another reason is that the current customer base for these two businesses is known and specific to zip code, a factor not available in the traffic model. This zip code factor is known through yearly ticket sales, and is the primary factor used in the traffic study to most appropriately determine how vehicle distance totals (VMT) in Eavel to and from the proposed site would differ if changed from the existing sites. In theory, VMT could only have an increase if drivers to these existing venues will end up traveling even farther distances to get to the new proposed location. The traffic study addresses, in a qualitative and quantitative analysis, the estimated change to existing VMT (plus or minus). In addition, the analysis also juxtaposed the proposed project VMT and traffic operations with the existing zoning at 125 Crown Point Court and the previous tenant use (The Grass Valley Group Business Park Use).
a) The project will not conflict with a program plan, ordinance or poliry addressing the circulation system, including hansit, roadway, bicycle and pedestrian facilities. However, on-site parking is deficient for larger events.

The proiect site includes 204 parking spaces including 6 accessible ADA parking spaces resulting in a parking ratio of 1 parking space per 203 sq. ft. of building floor area. No additional on-site parking spaces are planned.
lnconcert Sierra Project
lnitial Study/Mitigated Negative Declaration
City of Crass Valley
O(tober 7, 2022 A*tus@

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Item # 10.

PA;E 44 oF 59
As noted in the project description, the proposed 520-seat 9,500 square foot Concert Hall section of the building will be utilized for acoustical (normally un-amplified) chamber, orchestral, choral, and theatrical performances. A sold-out orchestral performance with choir would result in a total ocopancy of up to 670 persons.

The proposed 125 seat 2,500 square foot "Black Box" theater would provide a flexible configurable space for various theater and smaller musical performances. With a state crew performance ensemble, maximum total occupancy would be 175 persons.

The proposed 3,000 square foot Con-ference Center could be configured in a variety of ways, including use of smaller conference rooms could reach a maximum occupancy of 350 Persons.

Regular occupancy by employees of non-profit organizations for office space and building operations will not exceed 30 employees.

It is expected that on rare occasions, two of these uses could occur simultaneously, but all three uses would not occur simultaneously.
e
full capacity Concert of 670 would preclude the use of other venues for separate events. If two uses occur simultaneously, they would not exceed 670 occuPants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and, Black Box is estimated to be 75. In accordance with Table 3-3 of the City's Development Code, the City's Parking Standard for Theaters, auditoriums, and places of assembly is 1 space for each 4 seats or 1 space for each 100 sf. of assembly area, whichever would yield more spaces. For the proiect, the 1 parking space per 4 seats yields more parking spaces. Based upon the number of seats as outlined above, the number of parking spaces required is 249 parking spaces. Using the City's Development Code Table 3-3 Parking Standards, the site is therefore deficient by 45 parking spaces.

However, the Traffic Study prepared for the project utilizes historic ticket sales to proiect Vehiele Miles Traveled. These tickets sales were converted into number of vehicles by zip code using a 2.6 vehicle occupancy rate. Even if a more conservative estimate of attendees doubled up for each vehicle, this would amount to 335 (570/2=335) 525 vehicles or g2+ l3l on-site parking spaces short of the projected vehicle parking estimates. This shortage in parking is at issue with the City's Development Code parking standard, however, the applicant has indicted that negotiated parking agreements with adioining property owners will provide addiHonal off-street parking in adjacent property parking lots during evening and weekend operations as required to accommodate larger attended events. The lack of on-site parking may present a significant parking impact. However, the following mitigation measure would reduce this potential impacts to a less than significant level:

TRANS 1 - Mitigation Measurc:
p*rkixg-+feeer frior to the issuance of a buililing permit, tlrc applicant slall suhmit off-site parking "gr""*""t" !". "-,;.

Inconcert Sierra Project City ofcrass Vall€y
Initial Study/ Mitigat€d Negativc l)eclaration October Z 2022 Ar16t*s€#

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Item # 10.

PAGE 45 oF 59

77.36.080 et. seq. of the City's Development Coile. Tht fnal parking agreements shall be for a durahon that is commensurate ulith the etlent and slull be to the satisfaction of the Community Dnelofment Director and City Engineer.
b) CEQA Section 15064.3 establishes a Vehicle Miles Traveled (VMT) tlueshold for land use proiects. 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.

Two methods were used to calculate VMT for the existng uses and the proposed proiect: A Zip Code method that looked at literal distances traveled based on ticket sales, and a typical Trip Generation calculation method using assumptions for average trip lengths by land use.

Existing Conditions and Traffic Conskaints for Local Intersections and Roadways - The existing traffic conditions were obtained from a recent haffic study in the area (Traffc Impact Analysis for the ldaho Maryland Mine Project, Nettada Countu prepared by KD Anderson dnted Marclt 24, 2020) and the appropriate weekday evening times were selected as relevant for this performing arts project. Specifically, the time-of-day scenario selected was the 6:30 to 7:30 p.m. scenario, and the results of this data show that LOS A and LOS B conditions were the typical conditions of traffic during this evening time period. Figure 1 shows these values on a maP at various intersection locations. It can be seen that LOS B conditions surround the project site on Idaho Maryland Road, \Arhispering Pines Road and Brunswick Road. Table 1, Level of Service (LOS) definitions, shows the meaning of what LOS A versus LOS B means, and all other values through LOS F. The City of Grass Valley identifies LOS D or better as the acceptable Level of Service at intersections and roadways in community regions, so with all local intersections in the region operating at LOS B conditions, this means that traffic conditions are two levels better than the acceptable LOS D.

LCWEIS OF SCAWICE OF LOC^L FOAOW^YS ^NO INTERSEC'IONS 6:3(' PM TO Incon.ert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of Grass Valley
October 7, 2022 A +1{ll+H22
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Page 176 ends

Item # 10.

PAGE 46 oF 59
The LOS shown in yellow circles in Figure I (LOS A and LOS B at all intersections) indicate that there is no evening congestion in the study area; average delay in between 10 and 20 seconds (as shown in Table 1).

The time of analysis as stated before, is 6:30 p.m. to 7:30 p.m., which generally coincides with the time of arrival for evening performing arts events and shows. This intelsection turning movement data is shown for key intersections in the following Figure 2. These volumes yield LOS A and LOS B conditions as depicted in Figue 1.

TABrE 1. L€vEL oF sEBvrcE (LoS) DEFtNrrroNs
LOS
A
B
Sltnallzed lntarscctlon
L.rhcohtcited, .ll qu.ua5 clcar l?r a 3lriala-lllh.l
c!d.. Oclav < 1O.O e.c
LJttl€ or no d!t.y. tHry < 10 slc/vch
Uncor\tcstcd operotlons,.llqu€ucr cl.rr ln s sh6rt t..lTc d.l.yr. O.hy> 10 r.c/vGh.nd < 15 s.Cveh slnale cycle, Del.y> 1O.o scc and < 2o.o r.c
c llghl con!.stlor! occ.3lon l b.cl(upt on .altlc.l
.pp.o.ch.r. D.l.y > 2O.O $c and < 35.o r.c
Av!r.8. tr.ffk dGlayr. D6lry > 15 $c/v€h .nd < 25 .Gclv.h D
E
Sl8nlflcrnt cona..Uon. Crrt wrlt moc th.n on.
ucu6. D.l.y ls 35.O - 55.O sac
S.rr.r. con8.suon, lona qucuc6...may blocl n!.rby
lnts!.ctlonr. Dlhy > 55.o 3.c .nd < 8O-O..c
LonS tr.fflc d.Lyr- ttcl.y > 25 lcclvch .nd < 35 .ec^.h V.ry lon! tr.lnc d!l.yr, f.lluE. .r.t .rn conglstlon. D.l.y > 3s .!c/€h .nd < so s.c/vih
F Tot l bIraldown,3top{nd.to opcratlon. ocLy>
AO.O lcc
lntcr*ctron blockcd by cxt rn.l c.us€s. Dclry > 5() ..c/vch Soutr.s: Hlghwoy Cdpaclty Moolol, 6ah Edttlon Tronspottotlon n6.otxh Oootd, 2Oa6. Seelt h - *conds Fr vehlck UnsI nalired lntersection
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a.uBdck R.l/ ld.tD lt-yLrd nd ldltE l .rr.Id Rd/ Clntcnnld Or FIGURE 2. INTERSEcTIoN TURNING MovEMENT VOLUMES FOR 6:3O PM TO 7:3O PM shown ,n brockets. otn
It can be seen from Figure 2 that the hourly volumes shown for the 6:30 p.m. to 7:30 p.m. time period (shown in parenthesis) is about 25% of those shown for the more congested p.m. peak hour ftom 3:30 p.m. to 4:30 p.m. What this means is that traffic for the evening time period coinciding with the proposed pro,ect traffic would be about one-fourth $/\ o{ that iust three hours earlier. In other words, the project will not cause any significant traffic operations impact. Even the worst-case assignment of traffic all out idaho Maryland Road towards the freeway would result in traffic volumes that are still less than the worst 3:30 p.m. to 4:30 p.m. peak. Since there are multiple pathways the existing plus proposed project volumes at all intersections will be at approximately 50% of the 3:30 p.m. to 4:30 p.m. totals.

Existing Performing Arts Business Travel Patterns and VMT Totals by Zip Code Method - Ticket sales for InConcert Sierra monthly events were utilized for this analysis because the data also included a zip code category in the database sales. A zip code map of Nevada Inconceri Si€rra Proiect
lnitial Study/Mitigated Negative Declaration
City of Grass Valley
October Z 2022 Ar€rls}Hla
nhhdLli ei,/ Ut e'd^o Pl* Ih

Page 177 ends

Item # 10.

PAGE 47 oF 59
County was utilized to graphically document the geographical locations where customers/ patrons of the performing arts events actually travel from and provide a means to calculate the distance.

The combination of distance code centroid or concentration area of homes, and ticket sales, can be multiplied/calculated to yield vehicle miles ttaveled, or VMT. Figures 3 and Figure 4 show the vehicle totals by zip code in the study area for the InConcert Sierra venue (located at the Seventh Day Adventist Church located at 1,2889 Osboute Road, Grass Valley). These maps and vehicle totals were utilized, along the Google Maps tool to ultimately determine the trip length for both existing and ptoposed locations.

FIGURE 3 INCONCEAT SIERNA TRAV€I. PATTEENs ANO VEHICLE TOTALS gY ZIP CODE ANEA lnConcert Sierra tffi
95602 @E
;0? ?=
2ar 1
,
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t -1 12.
95945
95949
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95945 rll ":

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[@I
213
1s4
95959
.,1) ? .) _
:251-" 9s959
Ciry or Grass Valley
October 7, 2022 4 r{s{l422
95946
99999
95945
95949
502
!a7
3s0
95949 213
5() 956()2
Inconcert Sierra Project
Initial Study/Mitigated Negativ€ Declaration

Page 178 ends

Item # 10.

PAGE48 oF 59
63 Sierra Stages
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147
440
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Figure 5 shows how the Google Maps distance measure tool from point to point was used to determine the distance to each one of the existing and proposed performing arts business locations from the centroid of the various zip code areas associated with ticket sales.

Inconcert Sierra Project
Initial Study/Mitigated Negative Declaration
City of Grass Valley
October 7,2022 A r**e#
194
9594S 25a
956(}2
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95945
95945
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FTGUiE 4. STERRA STAGES TRAVEt ParrERNs aND VEHrcrE TorArs By Ztp CooE aREA

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Item # 10.

PA;E 49 oF 59
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l
tt
FTGUFE 5. SaMPtTNG oF How GooGlE MAP Toot was us€o ro oETERMIN€ TRIP DISTANCES AETW€EN ZIP COOE AREAS AND VEt{UE I'OCATIOI{s All distances between zip code centroids or where the density of residential development exists were measured to and ftom each of the existing and proposed performing arts venue locations (125 Crown Point Court, 400 Broad Street and 12889 Osborn Road). This trip length data by zip code to and from venues were compiled into "Table 2 - VMT Calculations: which follows:

Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of 6rass Valley
October 7, 2022 A*6l*613613033
\
f
t
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I
't I
L]
E
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t
?i.

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PACE 50 oF 59
TABIE 2. VMT CAIGULATIoN'. DISTAICE FIOM ZIP CODE CEI{TROID TO PERfORMI,tI6 ARrs VENUE LocATrois (OLD aND NEwl.

VENUE ZI' COI,E
IEAiLV
TlCXET
s r"Et YE{|OES.

VItf'Effi
ftom tlP Cod.
c.lttDl.lr
Er
.E#
95959 1ao5 i,oz t
117 e !l.
95!).9
9r.1 350 2.l
551 2ri 102
95945 aot 151
95402 1:to 50
452 32t
2N
t7a
..fl-, d tn tn{c.. @k|bbad aF. r..t -'dl,Dd',rta4 6d.ro d eq.-^r.l*.,*rl oatlf vvf Bt-t tffi 5 b..olm 5601 2155
vEiuE ztP cooE
YEAitY
flct(Et

SALES YIHIOE'
Vcnu. ro zlP
Coda Ca.tlrlld
vMr Et nrE
t'o.tr AP Cod.

E
-g
!t595!) 631
Itt
!42

13.3 tt
95!ta9 695 r6a
95946
956t,2 t6! 6a
to71 alu
a6 ltn
wllcllftD awiarEr tD
'-t tq 2.5 F*n'.art *rtb
I9EIG'iIED AVEi G' IE
'dnt t 2a e-r.@F. -t&
actsota/56 atta llrtltcat
wEt€HTf D AVETAGC rllt
dr d F . r-t rtd,ts,rrr.d4 at b ao. Eetce/r.t* tntd ttalY vrft l..t' 16 h e. tu Table 2 shows the final ticket, vehicle, and VMT totals for both the InConcert Sierra business and the Sierra Stages business. It should be noted that the ticket sales totals compiled were for yearly sales totals for the Year 2019 before the Covid shutdowns. These tickets were converted into number of vehicles by zip code using a 2.6 vehicle occupancy rate, and then the yearly VMT totals were calculated by zip code for each business. The subsequent columns show how these yearly VMT totals were converted into monttrly VMT totals and finally into the analysis relevant daily VMT totals as shown. The conversion factor for InConcert Sierra to determine a daily VMT was knowing that they have one concert per month today, and that also becomes the worst-case daily VMT total since all of these venue trips took place on the same day/evening. The Sierra Stages business has between 36 and 45 events per year (three shows with 12-15 performances for each per year), and so to be conservative, 3 events per month were assumed as the worst-case sifuation that would yield the highest VMT calculation for a single day (last columns). The lnConcert Sierra venue has a value ol 2,992 daily VMT on the day of the concer! and with the new location this drops to 2,806, an improvement. The Sierra Stages daily high VMT is 3,522 and Inconcert Sierm Pro,€ct
lnitial Study/MitiSated Negative Declaration
City of Grass Valley
October 7, 2022,4 t*s#

9.5 Cod. C.rrrrold
,54
l5
tit a5l
12) atl
_4.L ltrl
l

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Item # 10.

P^cE 57 oF 59
decreases to 3,389 with the change of location. Overall, VMT for the combined events goes from 6,445 to 6,195, a drop in VMT with the project. It should be noted that it is not likely that LrConcert Sierra and Sierra Stages would have a petformance on the same night, unless overflow parking was arranged in advance.

Other Project Traffic - There are other hips taking place to and from the existing venues and the proposed location at 125 Crown Point Court, such as employee trip, delivers, etc.

However, the number of vehicle trips related to employee trips are small, and these employee related tips would not be taking place at the same time as the venue patron haffic but would be more during the daytime work shift (8 a.m. to 5 p.m.). There are also rehearsal related traffic volumes which could add up to as rumy as 70 choir members, but this will not take place on the same day or time as a monthly concert. In addition, there are board meetings up to 10 persons, 10 times a month for 10 months out of the year (a total of 100 meetings during normal workday hours). These trips represent traffic for up to about 25 additional vehicle trips which is not a significant factor when compated to the total for the musical concerts or theater events. On a daily VMT basis however, this will add approximately 500 additional VMT to the totals, which is still over conservative. \
\.

F
r
lFrcuar 6 PRO'EC'I SITE PROPOSED BUITDING MODIFICATIONS Proposed Performing Arts Businesses Vehicle and VMT Totals by Ttip Generation Method - VMT in this methodology was calculated using an ITE Trip Generation Rate for the existing facility (that used to be the Grass Valley Group) and the Business Park Category (770) was used based on 41,600 square feet of building space. The proposed performing arts facilities in the same building (after modifications) is based on the number of physical seats available in the Concert Hall and the Black Box Theater, and was assumed full capacity (worst case) for these shows.

Inconcert Sierra Project
lnitial Study/Mitigated Negative Declaralion
City of Crass Valley
tuober 7, 2022 A l.6146/3022
/
.1 rl

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Item # 10.
15525
r572
1747
v.hlcl.

Mllcr
Tr.Eled

41.6 517,5
]lE Tdt cCE.rdon M.nurl T.lp
Gerlrrtlqr P.rlod (7rO 8u.ln3ar
P.*)
DAILY TRIPS !2.44
AM PEAX TRIPS 1.ao 41.6 5a.2
PM PEAX TRIPS 1.25 41.6 52.1
.N.w.ra Cotnl, cat6 @tutbn hdbtrt thot 72-2A o, el wttud d.tY..loa. .o tot lrovra: C,,l'as.ro.at AC m2O 5- y.o.l ,ih& 4!oB .o 31 23, ?eo?lc t n o hav. on ot ngc 6nr-tc a r. o, 2.'7 nlnut t. Orrl, 6.6t @rpl. wbt*.B wttDg ,N to l,kl'do @@ty . a5ar6 ood our - ,t23o, or obou. ,/, .t .oro!, vhldt o dbto@ ot 5o t lo'5 lw @mmut.! to oa.l lroD oaner @oaa/.. st ottund. Ae.raa. a.lp dbaonc. otEroll - 30 DIE!, TAaTT 3. VMT CATCUTATIONS BY TRIP GE ERATIOX.
arSfrNG c:ty{Dllrol*S: GrEE-r Voltq E t dlne EL6OO sF)
PROpTOSCD CC TIDfiIOUS to lLaln SF Oultdlng, bn utlrr, oary ,6,2(n SF tw t UG

BLACX BOX THEATER
300
nE T.lp GGmrrdon Mrnu.l T.lp
Gtncrdlon Parlod
OAPACITY of
Sp.c. In
PcrtorE
Csrpool
Factor Clrs
Vchldr
Malcs
fiaYGlcd
(vMrl.

Dlli!r.nc.
baGra!n
Proract .nd
Budn.rt
P.*
CI'N(ERT HAI.L 5()0 2.6 231 as2a -t 1(,02
150 2.6 58 1085

1.5 200 6000 -9 525
'Volues aotca,rorn Vnf ,,,,olytls toblcs tw ,,Conccn S 1..t. rnd lor Slct t SLt.. (9, mll6 md 9a tnll.. tdlhtd M.t rdP l.rrth rtlF*rlv.lyt ..d l-to.rd up lo.c.ounl fo. .a lnqErd ldl.lE ap.Cty n n.- l.tatro. h.fltY (125 Crom Polnt Coud). AVG_{F rrlp lcnrrh .sum.d to. Conicr.ncc C.nttt w.! 15 tnll...

In Table 3 above, it can be seen that there is a significant reduction in VMT for the proposed proiect when compared to the existing business park land use. In fact, the VMT is expected to be less than one-third (1,/3) ol the VMT impact of the existing land use. In Table 3, the Business Park use would generate a daily VMT of 15,525, compared to the proposed 600 seat InConcert Sierra venue which would have a daily VMT of only 4,523 based on the weighted average trip length of 9.8 miles (taken from Table 2 calculations). The Conference Center uses would also be slightly more than just one-third (1/3) of the Business Park daily total VMT.

The Appendix of this report contains the US CENSUS information used to calculate home to work trip length assumptions used in Table 3 for Business Park traffic (assumptions shown in noted on Table 3).

VMT will significantly reduce with the Project - The project will have significantly less vehicles in motion on less days, resulting in a minor reduction in greenhouse gas emjssions (and VMT) during a year, and even on a monthly basis. The proposed project consisting of InConcert Sierra, Sierra Stages and a Conference Center event taking place during the daytime hours, once a month. In the event of a Conference Center event taking place during the daytime hours, this will not conllict with an evening show. It should be noted that of a lnconcert Siera Proiect
Initial Study/Mitigat€d Negative Declaration
City of Gmss valley
tuober 7, m22.4€tr6e@
PA1E52 oF 59
XSF of
F.clllty Trlps
ITE rdp
GGnarrtlort
Rtta par

XSF GFA
-L4441

MULTI PURPOSVOONFERENCE

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30-day month, there are four weekends, and this would coincide with four evening weekend shows (three for Sierra Stages and one for InConcert Sierra). Through staggering of weekend scheduling, these two performing arts businesses can adequately share the proposed facility and parking.

Daily VMT of Project is estimated to be one-third of business park use - !\rhen the Project facility has an activity or event, which is not every day, the amount of VMT will be approximately one-third of the amount that the Business Park use would generate. This report shows that the estimated VMT of the proposed proiect will actually signilicantly reduce VMT totals on a daily basis (see Tables 2 and 3) with the land use change. On a monthly basis and yearly basis this reduction is even Iarger since there are many days where no significant activity would take place at the site (with the exception of business operation office and the employees which happens daily and has been estimated at around 500 VMT daily). These low VMT numbers for the Project, less than 6,000 VMT for the Conference Center, compares to a Business Park VMT for the same facility which is calculated at 15,000 VMT.

Moreover, the InConcert Sierra project was evaluated thtough the screening process provided by the Neuada County Transportatron Conmtission (NCTC). The following results were verified, based upon proiect specilic screening:
. The project is located in Travel Analysis Zone (T AZ) 1,2'11,. (The number of the travel analysis zone from Nevada County Travel Demand Model in which the parcel is located) o TA2L2L1VMT is 8.9 miles per vehicle (The metric average for the entire TAZ) o Subarea VMT is 16.5 miles per vehicle (the VMT metric average for the entire subarea) o % 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) o Within a low VMT Yes (The proiect 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.

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. This impact is considered less than significant. c) The project will not substantially increase hazards due to a geometfic design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment). No impact will occur.
lnconcet Sierra Project
lnitial Study/ Mitigated Negative Declaration
City of Crass Valley
October 7, 2022,4$t*stl5,:022

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d) The roadways of Whispering Pines Court, Crown Point Circle, and \,Vhispering Pines Lane are 140 feet in width with two travel lanes and parking on each side of the street. Arterial streets include Brunswick Road to the south and Idaho Maryland Road to the east/west providing evacuation routes. The project has been reviewed by the City of Grass Valley Fire DePartrnent for emergency response. The project has been determined by the City of Grass Valley Fire Departrnent to be in compliance with the City of Grass Valley fire standards and City Development Code. The project will not result in inadequate emergenry access. This imPact is less than significant.

Potentially
Significanl
lmpact
Less Than
Signmcant
Mitigation
lncorporation
Less Than
Signillcant
lmpacl No lmpacl
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause signifi cant environmental effects?
b) Have sufficient water supplies available to serve the poect and reasonably foreseeable future development during
normal, dry and multiple dry years?
tr tr
c) Result in a determination by the wastewater trealment provider which serves or may serve the proJect that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?
d) Generate solid waste in excess of State and local standards, or in excess of the capacity of local infrastructure, or otheMise impair the attainment of solid waste reduction goals?
e) Comply with federal, state and local management and
reduction statutes and regulations related to solid waste?

SETTING
Solid waste within the proiect area is collected by Waste Managemen! a licensed private disposal company. Solid waste is transported to the company's transfer station located on McCourtney Road.

Domestic water service to the proposed development is provided by Nevada Irrigation District (NID) via existing water lines that were installed following development in the proiect area.

According to the City's General Plan EIR, water supplies are adequate to supply growth anticipated in the General Plan, which included the proiect site.

Sanitary sewer is already provided by the City of Grass Valley. Sewer fees are calculated based upon the use and demand.
x
x
x
Inconcert Sierra Project
Initial Study/Mitigated Negative D('.laration
City of Grass Valley
October 7,2022,4 r*l:@
XVII. UTILITIES AND SERVICE SYSTEMS -
Would the project:
tr x
x
tr
tr
tr
tr
tr
tr

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Item # 10.

PA;E 55 oF 59

IMPACTS
a) The project will not require or result in the relocation or construction of new or expanded water, wastewater treatrnent or storm water drainage, electric power, natural gas, or telecommunicatioru facilities. the construction or relocation of which could cause significant environmental effects. No impact will occur.
b)-.) Existing water connections are provided by Nevada Irrigation District. The proiect will have sufficient water supplies available to serve the project and reasonably foreseeable future during normal, dry and multiple dry years. This potential impact is less than significant.

The City's wastewater treatrnent facility, which serves the project has adequate capacity to serve the project's projected demand in addition to the provider's exisfing commitrnents.

This impact is less than significant.
d)-e) The proiect will not generate solid waste in excess of State and local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

The project will comply with federal, state and local management and reduction statutes and regulations related to solid waste. These potential impacts are less than significant.

Potentially
Significant
lmpact
Less Than
Significant
with
Mitigation
lncorporation
Less Than
Signi0cant lmpact No lmpact XIX. WILDFIRES -
lf located in or near state responsibility areas or lands classified as very high flre hazard severity zones, would the poect:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks and thereby expose project
occupants to, pollution concentrations from a wildllre or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associaled infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or on-going impacts to lhe environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? x
x
Inconcert Sierra Projed
lnitial Study/ Mitigated NeSative Declaration
City of Crass Valley
October 7, 2022 ,Ai*F 6t!#
tr
tr tr
tr tr tr
X tr
tr
tr
tr
tr

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Item # 10.

PACE 56 oF 59
SETflNG
The Grass Valley region has a generally high potential for wildland fires of devasting intensity. This is due to the presence, particularly in less urban settings, of heavier timber, woodland and brush, the occurrence of steep slopes, dry weather conditions, and human activity. Generally, vegetative areas of over 20% slope are considered as fire hazardous areas. The City limits have a distinct urban/wildland interface area. The greatest theat for wildfire hazards is from those that may originate outside the City in unincorporated Nevada County. Historical data on wildfires in or near Grass Valley is kept on the Firehouse Reporting Data System. Because of the extended urban/wildland interface area, the City has participated in regional efforts to reduce wildfire risks to the City and surrounding areas. These efforts include participation in Nanda County's Local Hazard Mitigation Plan and the Fire Safe Council of Nnada County Community Wildfre Protection Plan. Nalada County OES and the Fie Safe Council also maintain historical fire records.

IMPACTS
a) The project has been reviewed by the City of Grass Valley Fire Deparhnent. The proiect will not substantially impair an adopted emergency response plan or emergency evacuation plan. This impact is less than significant.
b)-c)The project area is developed and has relatively flat topography. The project will not exacerbate wildfire risks and thereby expose proiect occupants to pollution concentrations from a wildfire or the uncontrolled spread of a wildfue.

The project will not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or on-going impacts to the environment. All utilities serving the site are installed underground in accordance with City of Grass Valley Development Standards. These impacts are considered less than significant. d) The proiect will not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. This impact is considered less than significant.

Potentially
Significant
lmpact
Less Than
Signmcant
Mitigation
lncorporation
Less Than
Signilicant
lmpact No lmpact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE - Would the project
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of Grass Valley
October 7,2022,4 {r6W
tr tr x tr

Page 187 ends

Item # 10.

PAGE57 oF 59
Potentially
Signmcant
lmpacl
Less Than
Significant
with
Mitigation
lncorporation
Less Than
Signmcant
lmpacl XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -
Would the project:
or prehistory?
No lmpact
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are
considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
x tr
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
a)-c) This environmental analysis provides evaluation of the potential environmental effects of the proposed project, including project effects on the quality of the environment, fish and wildlife habitat (including special status species), and cultural resources. These potential impacts are considered less than significant.

REFERENCES The following references used in preparing this report have not been attached to this report. The reference material listed below is available for review upon request of the Grass Valley Community Development Department, 125 East Main Street, Grass Valley, CA 95945. . Federal Highway Administration, 1983
r U.S. Bureau of Land Management, 1980
. City of Grass Valley 2020 General Plan
. City's 2020 General Plan Certified Environmental Impact Report (SCH#98082023) . Association for Protection etc. Values v. City of Ukiah (1991) . Topanga Beach Renters Assn. v. DePartment of General Services o United States Departrnent of Agriculture land inventory r Public Resources Code Section 12220(9).
o U.S. Deparhnent of Agriculture
. California Department of Forestry and Fire Protection o Northem Sierra Air Quality Management District (NSAQMD) o California Emission Estimator Model (CalEEMod) Version 2016.3.2 . California Department of Fish and Wildlife (CDFW)
. United States Army Corps of Engineers
o Section 404 of the Clean Water Act
o California Department of Fish and Wildlife (CDFW) Code Section 1600 et. seq. o California Natural Diversity Database
o United States Fish and Wildlife Service (USFWS)
. Wetlands Delineation Manual (Environmental Laboratory, ^1987 Inconcert Sierra Project
Initial Study/Mitigated Negative Declaration
tr tr
tr x tr
City of Grass Valley
ftober 7,2022,Al,tustl#

Page 188 ends

Item # 10.

PAoE58 oF 59
. Migratory Deer Ranges Nevada County General Plan map
. USGS Topographic Quadrangle for Grass Valley
o Natural Wetlands Inventory (NWI) and HDD datasets
. Migratory Bird Treaty Act (MBTA)
o Resource Management Plan, Best Management Practices (BMPs) o Chapter 12.35 of the City of Grass Valley Municipal Code . Pacific Gas and Electric (PG&E)
o California Energy Resources Conservation and Development Commission in June 1977 o California Green Building Standards Code (Part II, Tit1e 24) was adopted as part o( the Califomia Building Standards Code (Title 24, California Code of Regulations). . Cultural Resources Inventory prepared by Sean Michael lensen, M.A., luly 2019 o City of Grass Valley Historic Building Ordinance
. City of Grass Valley Historic Commission
. City of Grass Valley Development Review Committee
o North Central In{ormation Center (NCIC)
o Native American Heritage Commission (NAHC)
o United Auburn Indian Community (UAIC)
. Geologic Map of the Colfax - Grass Valley Area (Tuminas, 1981). o California Geological Survey Open File Report 96-08, Probabilistic Seismic Hazard Assessment for the State of California
o Califomia Fault Parameters
o The 1997 edition of Califomia Geological Survey Special Publication 43, Fault Rupture Hazard Zones in California
. Cal/EPA Air Resources Board Regulation 93105
o Asbestos Airborne Toxic Control Measure for Constructioo Grading, Quarrying, and Surface Mining Operations (ATCM)
. City of Grass Valley Energy Action Plan
. Nevada County Airport Land Use Compatibility Plan
o Mountain Counties Hydrologic region overlay zone (DWR 2011) o Flood Insurance Rate Map for the County of Nevada, Map No. 06057C0633E dated February 3, 20t3.
o General Plan Mineral Management Element (MME) on August 24, 1993 o Noise Equivalent Level (CNEL)
o California Airport Noise Regulations
o Public Resources Code Section 21099
. Office of Planning and Research (OPR)
o California Natural Resource Agency
. 10th EdiEon of the Institute of Transportation Engineers (lTE) o Nevada County Transportation Plaruring Agenry (NCTPA) o City of Grass Valley Capital Improvement Program
o Grass Valley Traffic Impact Fee Program
o Nevada County's Local Hazard Mitigation Plan
o Fire Safe Council of Nevada County
o Nevada County Office of Emergenry Services (OES)
o Fire Safe Council
o OPR Technical Advisory on Evaluating Transportation Impacts in CEQA . Nevada County Transportation Commission (NCTC)
. City of Grass Yalley 2019-2027 Housing Element
lncon.ert Sierra Protect
Initial Study/Mitigated Negative Declaration
City of Grass Valley
October 7, 2022 4 t}5+36rgC23

Page 189 ends

Item # 10.

PAGE 59 oF 59
City of Grass Valley Historic 1872 Townsite
City of Grass Valley Development Code
CA Department of Forestry and Fire Prevention
City of Grass Valley Municipal Code
Nevada County General Plan and General Plan EIR
City of Grass Valley Grading Ordinance
Background Repor! City of Grass Valley General Plan Update, November 1998 Soil Survey of Nevada County, United States Department of Agriculture, Soil Conservation Service
Online soil survey maps and data from USDA - http:/ / websoilsurvev.rucs.usda.gov Acoustical and Thermal Performance of Exterior Residential Walls, Doors and Windows, Natural Bureau of Standards.

EXHIBITS
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G -
Exhibit H -
Exhibit I -
Exhibit J -
Vicinity Map
Aerial Photograph
Site Plan
Site Photographs
Proposed Floor Plan
Concert Hall, Black Box and Conference Center Floor Plans Existing and Proposed Building Height Increase
Nevada County Airport Land Use Commission Correspondence dated Alugtst 23,2022 Theatre Seating Example
Black Box Theatre Example
Project Construction and Operational Estimates
Level of Service pOS) Definitions
VMT Calculation distances kom Zip Code Centroid to Performing Arts Venue Locations (Old and New)
VMT Calculations by Trip Generation
Levels of Service of Local Roadways and Intersections 6:30 p.m. to 7:30 p.m.

Intersection Turning Movements Values 6:30 p.m. to 7:30 p.m.

InConcert Sierra Travel Pattems and Vehicle Totals by Zip Code Area Sierra Stages Travel Patterns and Vehicle Totals by Zip Code Area Sampling of how Google Map Tool was used to determine Trip Distances Between Zip Code Areas and Venue Locations
Project Site Proposed Building Modifications
TABLES
Table 1 -
Table 1.-
Table 2 -
Table 3 -

FIGURES
Figure 1 -
Figure 2 -
Figure 3 -
Figure 4 -
Figure 5 -
Figure 6 -
lnconcert Sierra Proj€ct
Initial Study/Mitigated Negative D€claration
City of Grass Valley
Odober Z 2022,4ritt+#22

Page 190 ends

Item # 10.
-^J

NEVADA COUNTY

AIRPORT LAND USE COMMISSION
Gras8 Valley . Nevada Clty ' Ncvada County
Filer 0040 l4
August 23,2022
Monroe Lovelady
P.O. Box 205
Nevada City, CA 95959
SUBJECT: InConcert Siena Consistency Review - Nevada County Airport Land Use Compatibility Plan
The Nevada County Airport Land Use Commission (NCALUC) has delegated the review and consistency determination of major land use actions to the NCALUC Executive Director. The project site at 125 Crown Point Court in Grass Valley, Califomia, is located within Compatibility Zone D (Traffic Pattem Zone) of the Nevada County Airport Land Use Compatibility Plan. The project includes a Specific Plan Amendment and a Supplemental Use Permit application for InConcert Sierra to purchase and convert the exiting office building, to a venue for the performing arts and a community meeting and conference center.

After reviewing the project details and the proposed number of event attendee and employees on site, I find that the proposed project does not contain characteristics likely to result in inconsistencies with the compatibility criteria set forth in the Nevada County Airport Land Use Compatibility and give approval ofthe project, on behalfofthe NCALUC.

Please let me know if you have any questions regarding this project.

Thank you,
Mike
M
Woodman. Executive Director
Nevada County Airport Land Use Commission
Nevada County Transportation Commission
lol Providsnca Min6 Road, SuitB 102, Nevada City, Califomia 95959 ' (530) 26$3202 ' Fax (530) 265-3260 E-mail: nc{c@nccn. n6t . Web Sit6: www.nctc.ca.gov EXHIBIT Page 191 H Item # 10.

NEVADA COUNTY

AIRPORT LAND USE COMMISSION
Grass Valley . Nenada Clty ' Nevada County
File 0040 I 4
Lance Lowe, Principal Planner
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
SUBJECT: InConcert Sierra
Compatibility Plan
Consistency Review - Nevada County Airport Land Use
The Nevada County Airport Land Use Commission (NCALUC) has delegated the review and consistency determination of major land use actions to the NCALUC Executive Director. I have reviewed the proposed InConcert Sierra project for consistency with the Nevada County Airport Land Use Compatibility Plan. The project site at 125 Crown Point Court in Grass Valley, Califomia, is located within Compatibillty Zone D (Traffic Pattern Zone) of the Nevada County Airport Land Use Compatibility Plan. The project includes a Specific Plan Amendment and a Supplemental Use Permit application for InConcert Siena to purchase and convert the existing 4l ,600 square feet office building to a venue for the performing arts and a community meeting and conference center. The review of the proposed concert hall and conference center included the following considerations.

After reviewing the project, it has been determined that the proposed project does not contain characteristics likely to result in inconsistencies with the compatibility criteria set forth in the Nevada County Airport Land Use Compatibility Plan based on the following considerations and mitigating factors.

Conference Center, usage hours will be scheduled upon request 8:00 am - 5:00 pm on weekdays Black Box theater, scheduled evening, 7:00 pm -ll:00 pm, and periodic rehearsals and set construction activities from 8:00 am - 7:00 pm on weekdays & weekends Concert Hall usage will be scheduled Sundays l2:00 pm - 5:00 pm, and scheduled weekend evenings 7:00 pm - I l:00 pm, with periodic rehearsals and stage configuration activities from 8:00 am - I I :00 pm on weekdays and weekends.

The prolect is located in Compatibility Zone D - Traffic Pattem Zone with an identified risk level of low for safety and airspace protection factors. Zone D does not prohibit Indoor Large Assembly Facilities (capacity 300-999) (movies theaters, places ofworship, cemetery chapels i.e.). Thistype ofland use is conditionally allowed in Zone D ifthe indicated max site average-acre usage intensity criteria and max single-acre intensity criteria included in Table 2A (Basic Compatibility Criteria, Nevada County Airport Land Use Compatibility Plan) can be met. 101 Provid6nco Min6 Road, Suit6 102, Nevada City, Califomla 95959 ' (530) 20S3202 ' Fax (530) 26S3200 E-mail: nc,[email protected] . Web Site: wvar.nclc.cadov
October 13. 2022

Page 192 ends

Item # 10.
lnconcen Siena Consistency Review
october ll,2022

Page 2 ends

Within Compatibility Zone D, non-residential uses shall be limited to a maximum of 600 people per single acre. Because the building footprint is less than 1.0 acre, this criterion limits the building's total allowable occupancy to 600 people. For this type of seated facility use the total occupancy is calculated by the adding the number of seats and maximum employees. In this case 520 seats + 30 staff = 550 people, thus meeting the 600-persons limit. With regard to the averageacre intensity of200 persons per acre, the site size of 5.33 acres means that the project could have as many as 1,066 people and be consistent with the average sitewide maximum intensity criterion.

The proposed increased building height is below the height restriction of 100 feet or more above runway elevation.

The project proposal indicates that no more than two uses would occur at the same time and that when large events are held in the concert hall that use of the other two venues will not occur simultaneously. The typical occupancy of the Concert Hall is estimated to be 350; the typical occupancy for the Conference Center is estimated to be 200, and the typical use for the Black Box Theatre is estimated to be 75.

The Nevada County Airport Land Use Compatibility Plan policy 3.1.3 recognizes that on rare occasions for special events an exceedance ofthe maximum people-per-acre criterion may occur when extra safety precautions can be taken. The proposed construction method for increasing the building heights for acoustical purposes ofthe concert hall and black box uses includes installation ofprecast S" thick concrete walls providing additional protection. The project will also be required to update the existing emergency exits to meet current fire code standards. These measures will enhance protection ofthe occupants in the low likelihood possibility that the building is struck by an aircraft.

Other considerations include the highest usage is expected on Saturday and Sunday evenings between 7:00 pm and I l:00 pm. The Nevada County Airport averages approximately 82 daily aircraft operations with 92%o occurring between 7:00 am - 7:00 pm, only 67o occurring between 7:00 pm l0:00 pm, and 202 between l0:00 pm - 7:00 am. Jets & CALFIRE operations are 947o between 7:00 am - 7:00 pm, only 6% between 7:00 pm l0:00 pm, and 00% between l0:00 pm to 7:00 am. This is a significant factor in reducing the exposure to safety risks. In addition the proposed use could result in a reduction of daily exposure to risk compared to the previous approved use as a professional call center as the occupancies will occur irregularly for specific, short-term events, and represent a significant reduction in total occupancy.

Another relevant consideration is the guidance provided by the current edition of the Caltrans Airport Land Use Compotibility Planning Handbook (2011) which was released a month after the Nevada County ALUCP was adopted. The current edition ofthe Handbook indicates for locations equivalent to the ALUCP's Compatibility Zone D, that a multiplier of 4.0 between the averageacre intensity limit and the single-acre limit is reasonable. If this multiplier were to be applied to ALUCP Zone D, the single-acre intensity limit would be 800 people rather the 600 people limit set by the adopted ALUCP and the project would be consistent with this criterion.

Please let me know if you have any questions regarding this project.

Thank you,
LA %;*
Mike Woodman. Executive Director
Nevada County Airport Land Use Commission

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Item # 10.

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Page 194 ends

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Page 195 ends

Item # 10.

MITIGATION MONITORING
& REPORTING PLAN

INCONCERT SIERRA - WHISPERING PINES SPECIFIC

PLAN AMENDMENTS, USE PERMIT AND

DEVELOPMENT REVIEW PERMITS
(22PLN-18)
City of Grass Valley
S€p{ember+qloz
Oclobet 7,2022
Prepared by:

City of Grass Valley
Community Development Department
125 E. Main Street
Grass Valley, CA
ATTACHMENT 3

Page 196 ends

Item # 10.

AUTHoRITY AHO PUNPOSE
Pursuant to the California Public Resources Code, Section 21081.6, the City of Grass Valley is tequired to implement a Mitigation Monitoring and Reporting Plan for the InConcert Sierra Project located at 125 Crown Point Court, Grass Valley, CA 95945.

The purpose of this Mitigation Monitoring and Reporting Plan is to ensure compliance with, and effectiveness of, the Mitigation Measures set forth in the Mitigated Negative Declaration prepared for the project.

RespoNstetLtfles
The City of Grass Valley Community Development DePartment (CDD) will have primary responsibility for the operation of the Mitigation Monitoring and Reporting Plan. The CDD is responsible for managing all technical advisors and coordinating monitoring activities. The CDD is responsible for directing the preparation and filing of Compliance Reports.

MmclloN MoNrtoruHc Mernx
The following is a list of Mitigation Measures as presented in the Mitigated Negative Declaration prepared for the project. The Mitigation Monitoring and Reporting Program (MMRP), will be considered for adoption by the City of Grass Valley City Council concurrently with consideration of the Mitigated Negative Declaration prepared for the project. The City Council may direct that changes be made to the measures contained in this document prior to its adoption. 2 City of Gtass VaUey
October 7, 2022
lnConcert Sierra lnitial Study/
Mitigation Monitoing I Reporting Program

Page 197 ends

Item # 10.

INCoNCERT SIERRA PROJECT M trtGATIoN MoNIToRING MATRIx

VERIFICATION AND

IMPLEMENTATION
No Impact Mitigation Measure Phase Responsible
Person /
Agency
Frequency of
Monitoring/R
ePorting
Date
Report
Recieved
Notes
XVI PARKING TRANS I - Mitigation Measure:
?nsr b tlg frrt sqeftt ift
*p*e* Pior to the issuance o/ a buililing permit,
tlu alrplicant shall submit oft'-site parking agreements for reuieur and altpranl that satist'y tlu aent attendance in accordance zDith Section 77.36.080 et. seq, of the
City's Deaelopffient Coile. Tlu fnal parking
agreements shall be for a duration that is commensurate loith tlu euent and shnll he to tlrc satisfaction of the Community Daelopmmt Directlr and City Engineet.
2&4 OG
Mitigation phase Kel: l. prior to approval of lmprcvement Plans/Grading Plans 2. Prior to lssuance of Grading/Building Permits 3. Prior to comtruction and site grading

4. During consfuction 5. Prior to Occupancy 7. Afier constnrclion Responsibte persott/,4genc.v Ke!: CDD
-City
ofcrass valley Community Development D€panmmt: DEv Develope( APP - Applicant ofindividual projecl ph|e /Frequency ofilonioriig and Repo,tiig Key Oc - Ongoing OT - One-time (al each development pmposal) MO - Monthly QU - Qua(erly AN - Annually Page I
CDD

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Item # 10.
1 2
FINDINGS:
ln accordance with Section 5.5 of the Whispering Pines Speciflc Plan, the City Council is required to make the following specific findings before it approves an amendment to the Whispering Pines Specific Plan.

The City received a complete applicalion for the Whispering Pines Speciflc Plan Amendment 22PLN-18.

The Community Development Department prepared an lnitial Study/N.4itigated Negative Declaration as the appropriate environmental review in accordance with the California Environmental Quality Act (CEQA). Mitigation Measures were incorporated into the pro.ject to fully mitigate all potentially significant impacts on the environment.

The Planning Commission has independently reviewed, analyzed, and considered the lnitial Study/Nilitigated Negative Declaration prior to making its decision on the project. The Mitigated Negative Declaration reflects the independent judgement of the City of Grass Valley, as lead agency.

The 2020 General Plan designates the project site as Business Park. The proposed uses are consistent with the General Plan or any applicable Specific Plan.

Changes in the community have occurred since the adoption of the Specific Plan warranting an amendment as requested.

The change will benefit the Whaspering Pines Specific Plan area.

The change is in conformance with the adopted Whispering Pines Specific Plan The change will not adversely affect adjacent properties and can be properly serviced.

The physical constraints of the property are such that the Whispering Pines Speciflc Plan Amendment is warranted.

10. The project is consistent with the applicable sections and development standards in the Development Code.
1 1. The project, as conditioned, complies with the City of Grass Valley Community Design Guidelines.
3 4
5 6
7 8
I
ATTACHMENT 4
Findings and Conditions of Approval - lnConcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Review Per-its (22PLN-l 8)

Page 199 ends

Item # 10.

Findings and Conditions of Approval - lnConcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Review Permits (22PLN-1 8)

12. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Development code and the Municipal code. '13. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.

A. GENERAUDESIGN CONDITIONS OF APPROVAL:

The approval date for the Use and Development Review Permits ls October 25, 2022. fhis project is approved for a period of one (1)year and shall expire on October 25,2023, unless the project has been effectuated (i.e., a building permit has been issued) or the applicant requests a time extension that is approved pursuant to the Development Code.
1 2 The project shall be constructed in accordance with the Project Description on file with the Community Development Department (22PLN-18) approved by the City Council. L4inor design changes may be approved by the Community Development Director when determined to be substantially compliant with the City Council's Approval. N,4ajor design changes not in substantial compliance shall be approved by the Planning Commission as determined by the Community Development Director.

The applicant shall file a Notice of Determination (NOD), including payment of associated Fish and Game and County Recorder fees, in the office of the County Clerk within (5) days after the approval date of the project. The applicant shall provide a copy of the NOD to the City.

Prior to construction, the applicant shall obtain building, plumbing, electrical and mechanical permits from the Community Development, Building Division.

The applicant shall obtain a tree removal permit from the Grass Valley Public Works Department.

6. The applicant agrees to defend, indemnify, and hold harmless the City in any action or proceeding brought against the City to void or annul this discretionary land use approval.

B. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
'1 . That prior to any work being conducted within the State, County or City rightof-way, the applicant shall obtain an Encroachment Permit from the appropriate Agency.

2. Placement of construction fencing around all trees designated to be preserved in the project shall be completed.
3 4
5 2

Page 200 ends

Item # 10.

Findings and Conditions of Approval - lnConcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Review Permits (22PLN-18)

3. The applicant shall submit a Dust Mitjgation Plan for review and approval by City Engineer. Dust mitigation measures shall be implemented in accordance with the approved Dust lvlitigation Plan. The dust mitigation plan shall include the following:
a. Persons responsible for ensuring that all adequate dust control measures are implemented in a timely and effective manner shall be shown on the improvement plans.
b. All material excavated, stockpiled, or graded shall be sufficiently watered, treated, or covered to prevent fugitive dust from leaving the property boundaries and/or causing a public nuisance. Watering during summer months should occur at least twice daily, with complete coverage of disturbed areas. c. All areas with vehicle traffic shall be watered or have dust palliative applied as necessary to minimize dust emissions.
d. All on-site vehicle traffic shall be limited to a speed of 15 mph on unpaved roads.
e. All land clearing, grading, earth moving, or excavation activities on a project shall be suspended as necessary to prevent excessive windblown dust when winds are expected to exceed 20 mph.
f. All inactive portions of the development site shall be covered, seeded, watered, or otherwise stabilized until a suitable cover is established. g. All material transported off-site shall be either sufficiently watered or securely covered to prevent it being entrained in the air, and there must be a minimum of six (6) inches of freeboard in the bed of the transport vehicle. h. Paved streets adjacent to the project shall be swept or wasted at the end of each day, or more frequently, if necessary, to remove excessive accumulations or visibly raised areas of soil which may have resulted from activities at the project site. i. Prior to final occupancy, the applicant shall reestablish ground cover on the site through seeding and watering.

4. The contractor shall comply with all Occupational Safety & Health administration (OSHA) requirements.

5. The applicant shall obtain final approval from the City of Grass Valley, fire, planning, engineering, and building divisions.
3 Page 201
Item # 10.

ORDINANCE NUMBER 820
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AMENDING THE WHISPERING PINES SPECIFIC PLAN.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY AS FOLLOWS:

SECTION 1. The Whispering Pines Specific Plan is hereby amended as shown in Exhibit “A”. Bold text represents new text of the SP – 1A.1 Zone, which is to be added to the SP – 1A Zone.

SECTION 2. In compliance with Whispering Pines Specific Plan, the City Council adopts the following findings in support of the Whispering Pines Specific Plan Amendments:

1. The proposed amendments are consistent with the General Plan. Rationale: The 2020 General Plan acknowledges the previously adopted Whispering Pines Specific Plan and identifies policies reflected in the Whispering Pines Specific Plan. The proposed amendments allow for a site-specific use that is compatible with adjoining uses in the SP – 1A Zone.

2. Changes in the community have occurred since the adoption of the Specific Plan warranting an amendment as requested. Rationale: The Whispering Pines Specific Plan was adopted in 1984 with a range of uses that were common 40 years ago but are less common today. The proposed amendments would permit a site-specific public assembly use in the existing 41,600 square foot building with approval of a Use Permit by the Planning Commission. The site-specific use is not anticipated to have any negative impacts on adjoining land uses in the Whispering Pines Specific Plan area as outlined in the Initial Study/Mitigated Negative Declaration prepared for the project.

3. The change will benefit the Whispering Pines Specific Plan area. Rationale:

Occupancy of the existing 41,600 square foot building with a use that primary operates during off hours from adjoining uses will benefit the Specific Plan area. From an air quality and Vehicle Miles Traveled standpoint, the site-specific use is anticipated to be less impactful than the current office uses formally occurring in the building.

Page 202 ends

Item # 10.

ORDINANCE NUMBER 820
2 4. The change is in conformance with the adopted Whispering Pines Specific Plan.

Rationale: The Whispering Pines Specific Plan includes policies, goals, and objectives to reduce land use conflicts and environmental impacts. The site-specific use is compatible with adjoining land uses in the Whispering Pines Specific Plan area.

5. The change will not adversely affect adjacent properties and can be properly serviced. Rationale: The amendments permit use of the exiting 41,600 square foot building for public assembly use. The InConcert Sierra public assembly uses have been evaluated and have been determined to be compatible with adjoining uses.

6. The physical constraints of the property are such that the Whispering Pines Specific Plan Amendment is warranted. Rationale: There are no physical constraints associated with the property. The 41,500 square foot building is appropriate for the contemplated public assembly use and will not have negative impacts on adjoining uses.

7. The project is consistent with the applicable sections and development standards in the Development Code. Rationale: The project is consistent with the Development Standards in the Development Code.

8. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Rationale: The proposed amendments and project have been evaluated and do not result in any significant changes that could be detrimental to the public interest, health, safety, convenience, or welfare.

9. On September 20, 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”.

10. The Community Development Department prepared an Initial Study/Mitigated

Page 203 ends

Item # 10.

ORDINANCE NUMBER 820
3 Negative Declaration as the appropriate level of environmental review for the project.

The environmental review was circulated for public review commencing on August 26, 2022, and ending close of business on September 14, 2022.

11. The City Council concurs with the recommendations of the Planning Commission and determines the Initial Study/Mitigated Negative Declaration as the appropriate level of environmental review for the proposed amendments to the Whispering Pines Specific Plan.

SECTION 3. The City Council amends the Whispering Pines Specific Plan through its approval of this ordinance 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 25th day of October 2022 PASSED AND ADOPTED this 8
th day of November 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: _______________

Page 204 ends

Item # 10.

A, SUBAREA SP _ 1A
A.1 Genera I Plan Business Park
A.2 Specific Plan Designation Corporate District
A.3 ExistingConditions The subarea totals 125 acres. The subarea is bordered by ldaho-Maryland Road on the north, Brunswick Road on the east, a power line easement along a portion of the west and is traversed by Whispering Pines Lane. The subarea is heavily wooded and consists of natural hill slopes and knolls which vary from near level to steep 2 to 1 slopes.

A.4 Pla nned Conditions The proposed long-range plan for this subarea is to develop as a Corporate District with a "campus" type character. A
"campus" type character includes landscaped open space
between buildings, screened service areas, uniform sign and street lighting standards and maintenance of the whispering pines theme throughout. The existing use may remain but are expected to eventually phase into office uses. This area will provide opportunities for corporate administrative offices and small and medium size research and development firms to locate in Grass Valley within a high quality development. Land uses within the subarea should be compatible with adiacent residentialuses and buffered from them.

Permitted Land Use Categories The following uses are permitted provided that a development map has been approved:

Administrative and Research a. Varia ble lot requirements; b. Traffic limited to employee vehicles and minor delivery; c. Visibility and design image important;
d. Restriction promoted against vicinity impacts of noise, appearance, odor and dust;
Cha racteristics
Exa mples a. Research and Testing;
b. Experlmenta I Laboratory Facilities;
c. Division of Corporate Headquarters;
d. lnstrument Design;
e. Data Processing
A.5
Restricted Lisht lnd ustrv
Cha racteristics
a. Variable lot size requirements;
b. Traffic includes employee vehicles and delivery;
c. Visibility moderately importanU
d. Restrictions may be necessary for noise, appearance, odor and dust;
* From back of curb
EXHIBIT Page 205 A
Item # 10.

Exa m p les
Exa mples
Office/Professional
Cha racteristics
Exa mples
Accessory Uses
Characteristics
A.6 Conditional Uses
Urban Medium Residential
Cha racteristics
Churches
a. Administrative, professional
dining facilities associated
permitted use.
business offices and
and accessory to a
a. Sem iconductor Manufacturer;
b. Products Assembly;
c. Printing and Publishing;
d. Finished Paper Products;
e. Photographic Processing;
f. Machine Assembly;
a. Small lot size requirements;
b. Uses may be clustered in small centers;
c. Traffic includes employees from surrounding business and minor generation from outside the area;
d. Visibility, access and appearance important;
a. Restaurant
b- Motel - Conference Center
c. Automatic Branch Bank
d. Gymnasium
e. Caretaker Residence
f. Day Care Facilities
a. Small lot requirements through similar uses should be clustered;
b. Traffic split between vicinity business and area businesses; c. Visibility moderately important;
a. Attorneys
b. Accountants
c. Doctors
d. Architects
e. Real Estate offices
f. Engineers
and
with
a. Developed in conjunction with an industrial project or ho using.
b. Follows uses and development standards of Subarea SP1C.

One and one-half (1.5) acres.
* From back of curb
Warehouse/Showroom
Characteristics

Page 206 ends

Item # 10.

A.7 Minimal Pa rcel Size
A.8 Minimum Setback Requireme nts
Front Yard:

A.9 Building Design Standa rds
a. Whispering Pine Lane
Parking Setback - Forty (40) feet+
Building Setback - Forty (40) feet*
c. lnterior Sideyard - Twenty (20) feet*
d. Corner Sideyard - Thirty (30) feet*
a. The maximum heisht of all structures within the SP - 1A shall be limited to a maxlmum of two (2) stores, plus high bay, not to exceed twenty-five (25) feet in height except that heating, cooling, other roof equipment and fire
storage facilities may extend above the 25 foot height
provided they are screened and integrated into the
architecture of the building.
b. Materials Exterior building walls may be of tilt-up
concrete, textured concrete, brick or stone masonry,
ornamental concrete block, wood, stucco, or flush metal panels. Sheet, ribbed, or corrugated metal panels, or
prefabricated buildings should not be allowed.
c. Colors may be light grey or earth tones. Bright, contrasting colors shall be avoided, except primary colors may be used as trim or accent with approval of the City Planner.
d. Outdoor mechanical equipment, transformers, utility
vaults and meters, fire protection apparatus, and other utilities shall be treated as an integral part of the building desiBn. when it is necessary to locate such equipment
between the front of the building and the street, it shall be screened from view.
e. Building should be designed and oriented to maximize solar access and minimize heating and cooling requirements.

Where appropriate, energy conservation methods such as
glazed/double paned windows, recessed entryways,
awnings and the use of solar collectors should be utilized. * From back of curb
b. Local Streets
Parking Setback - Fifteen (15) feet*
Building Setback - Thirty (30) feet*

Page 207 ends

Item # 10.

A.9.1 SUBAREA SP - 1A.1
A,9.2 General Plan Business Park
A.9.3 specific Plan Designation Public Assembly Uses
A.9.4 ExistingConditions
A.9.5 PlannedConditions
A.9.6 Permitted Land Uses
A.9.7 Conditional Uses
Examples
A.9.8 BuildinB DesiBn Standards
A.9.9 Design Standards
This subarea is located at 125 Crown Point consisting of 5.53 acres (APN: 009-700-053).

The existing 41,600 square foot building with parking and landscaping is to be used for Studio Uses, such as art, dance, music uses, and theater, or performing arts.

Uses permitted in the SP - 1A Zone,
Studio Uses, such as art, dance, music uses, and Theater, or performing arts.

A large-scale indoor facility for Eroup entertainment, other than sporting events. Examples of these facilities include:

Civic theaters, and facilities for "live" theater and concerts.

All other standards of the SP - 14.1 Zone shall comply with the sP - 1A Zone.
* From back of curb
The maximum heisht of all structures within the SP - 1A.1 shall be limited to a maximum of forty-five (45) feet in height except that heating, coolin& other roof equipment and fire storage facilities may extend above the 25 foot height
provided they are screened and integrated into the
architecture of the building.

Page 208 ends

Item # 10.

Lance Lowe
To:

Subject:

GARY PIERAZZI
RE: Public Comment on Proposed lnconcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Permits (22PLN-'18).

September 14,2022
Subject: Public Comment on Proposed lnconcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Permits (22PtN-18).

As you know, in February 2017 a lawsuit was filed, challenging the City's approval of two text amendments and it's adoption of a Negative Declaration.

The lawsuit resulted in a settlement agreement by and between the City of Grass Valley and Citizens Advocating Responsible Development (CARD).

Part of that settlement agreement was that the City conduct a Comprehensive Review of the Whispering Pines Specific Plan. (See settlement attachment)
ln 2020 the City proposed a Negative Declaration and Text Amendment to the Whispering Pines Specific Plan for a different proposal. ln response to that 2020 proposal, is the letter (attached) sent to the City reminding the City of the terms of the settlement, regarding the comprehensive review of the Specific Plan.

It is my understanding that the Comprehensive Review has not been conducted, I am therefore asking the Planning commission to recommend that the city council not adopt 22PLN-18 until such time that the city has conducted and completed a Comprehensive Review of the Whispering Pines Specific Plan and made corresponding changes in accordance with CEQA as required by that 2017 settlement agreement.

Sincerely,
Gary Pierazzi
ATTACHMENT 6
1 Page 209
Item # 10.

Presentation of Daniel Ketcham
G rass Val ley Pla n n ing Com mission Sept. 20, 2022
l'm Daniel Ketcham and lreside at 11693 Brunswick Pines Road, exactly one parcel removed and to the east of the property you are considering this evening.

I have just two topic points tonight, both considered extremely relevant for your careful consideration.

The staff report before you appropriately identifies that the proposed use will create a property that is extremely under parked. lt is projected that for some events the property will be parking deficient by 327 parking spaces. And that appears to be based on a large assumption that all attendees will arrive via two persons per vehicle. The proffered solution? Attendees will simply park on neighboring properties. No need to worry about agreements to do so, as the applicant will address that when the need actually arrives. This proposal, from a land use planning perspective, is both nonsensical and frankly embarrassing. To defer a highly critical property use requirement and NOT insure a proposed use has adequate parking from the inception, is simply negligent. Written agreements, ready for recordation, for reclprocal parking with neighboring properties should be a condition of approval...nothing less. As this proposal does not meet current parking requirements, a Variance is, in fact, required and seemingly not part of this proposal?

Page 210 ends

Item # 10.

Page Two
Over-Flight Zone: ln his letter of August 23, Mike Woodman, Executive Director, Nevada County Transportation Commission essentially said "all good to go" as to the compatibility of this proposed use and the proximity to the Nevada County Airport.

However, I can assure you such is NOT the case. The 1983 Whispering Pines Specific Plan recognized the risk of allowing uses that would permit a high concentration of persons in a given building. For an example, the exact proposal before you this evening. Appropriately, such uses were precluded in the-then small and narrow overflight zone along Whispering Pines Lane at Brunswick Road. I can assure you that departure flight patterns have changed significantly since 1983. Similarly, the 2011 Airport Land Use Compatibility Plan entirely failed to recognize that the almost daily summertime parade of Cal Fire Bombers fly a southbound departure route directly over this very property. Last week during the Mosquito Fire, the bombers were making low elevation departures every 11-13 minutes, with one day making approximately 80 flights over this property. Nowhere in this report was there consideration given to this very onerous and risky flight pattern directly over this structure. What happens when a bomber loses and engine on departure at low elevation? They immediately hit the drop button and full the load is dropped in five seconds. Depending on the elevation, the drop can crush everything below on the ground...including structures.

Page 211 ends

Item # 10.

Page Three
See page 2-24 where risk level in Zone D states thot 20% to j0% of oviation accidents toke ploce in this zone. I quote: Risk concern is primarily with uses for which potentiol consequences ore severe.

For example very high intensity activities in o confined orea. This descrlbes exactly what is proposed before you.
ln closing I ask that you deny this proposal before you until such time the applicant can demonstrate legitimate and sufficient parking to support the proposed use AND further study is completed to ascertain the impact of a location directly below a heavily used and hazardous flight zone.

Page 212 ends

Item # 10.

Permit Review Procedures 17.72.070
2, Findings for off-site parking Variance. The approval ofa Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow inlieu fees or facilities instead ofthe required on-site parking spaces, shallrequire that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead ofthose required by Subsection F.1, above. a The Variance will be an incentive to. and a benefit for, the nonresidential development; and
b The Variance will further facilitate access to the nonresidential development by users of public transit facilities, and other modes oftransportation (e.g.. guideway facilities), Finding for reasonable accommodstion. The review authority may also grant a Variance or Minor Variance to the site planning or development standards of this Development Code in compliance with this Section, based on the finding that the Variance or Minor Variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA). 3 C
II
Conditions of approval. In approving a Variance or Minor Variance, the review authority may impose conditions of approval to ensure that the project will comply with the findings required by Subsection F. (Findings required), above. The violation ofany required condition shall constitute a violation ofthis Section and may constitute grounds for denial ofthe Certificate ofOccupancy and/or revocation of the permit.

Post review procedures. The procedures and requirements in Chapter 17.74 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Development Code Administration), shall apply following a decision on a Variance or Minor Variance application.
7 -28 Grass Valley Development Code - March 6, 2007

Page 213 ends

Item # 10.
1D PARcErouEsr
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Item # 10.

I Nevada Qounty Airport

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Page 216 ends

Item # 10.
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Page 217 ends

Item # 10.

CHAPTEF 2 POLICIES
l/larlmum
Denslllos / lntsnsltles AddilionalCrlteria
Zone Localions
n',io,- ,fjli'nljii, n.c u
t|at
-
uogn
1617".1 r Aver- Slngle ta;d 3
a0e " Acre'
Prohitited UEes ' olhsr 0svolopmonl Condilions t
A Runwy Clear
Zone
B2 Sideline Zone
000 All , All structures except ones with location set by Remain- aeronauticalfunction
ing r Assemblages ol people
) 0bjects exceeding tAR Part 77 heighl limits
) Storage ol hazardous materials
r Hazards to flioht 3
r lvloslly on exisling 0rluture airport
property or other public lands
) Avigation easement dedication 0n
remainder
> NCALUC airspace review required
for all objects

0.10 (average
parcelsize
>10,0
ac.)

0.33 (average
parcel size
>3.0 ac.)
50 100
100 300
30% r Children's schools, day care centers (>15 , Locate structures marimum dischildren), libraries tance from extended runway center- , Hospitals, nursin0 homes line
) Buildings with >2 habilable lloors above r Minimum NLR of 25 dB in res- ground idences (ancluding mobile homes) " ) Highly noise-sensitive uses (e.9., outdoor ) NCALUC airspace review required theaters) lor obiects >3,106 feet [4SL west
r A bovegrou nd bu lk storage ol hazardous ma- ol Airport and 3, 1 92 leel MSL east terials
q of Airportf
) Critical community inlrastruclure facilities r0 ) Avigation easement dedication ) Hazards to fliohto
No
Req't
C lnnet
luming Zone
and
Exlended
Apprcach Zone

0.5 (average
parcelsize
.2.0 ac.)
100 300 20% ' Children's schools, day care centers (>15 children), libraries
' Hospitals, nursing homes
, Euildings with >3 habilable lloors above
0round
I Hi0hly noise.sensitive uses (e.g.,outdoor
lheaters)
) Hazards to,lights
) Minimum NLR ot 20 dB in resldences (including m0bile h0mes)rl ' NCALUC airspace review required
lor objects >3,106 leet MSL west
of Airport and 3,192 feet IISL east
of Airpoft r'?
' Hecorded ovedlighl notice required
D fnflic Patten
Zone
200 600
and
No Limil in
LJrban overlay
Zone D*

4.0 and

20.0 in Urban
0verlay
Zone D*
) NCALUC airspace review required
lor objects >3,207 feet [,,lSL
) Recorded overllight notice required
r Children's schools, hospitals, nursing homes discouraged 13 E oBr
Aitpoft Envinns
No Limil'5 No , Hazards to llight3
Req't
, Airspace review required for objecls
>3,257|eet MSL
, Realestate disclosure required
) lilajor spectatoForiented sports
stadiums, amphilheaters, concert
halls disc0uraged beneath principal
llight tracksr{
w
Height Beview
overlay Zone
Same as Underlying
Compatibility Zone
) Airspace review required for objects
>35 leet tallf
) Avigalion easement dedication
*
,l t
Table 2A
Basic Compatibility Criteria
2-22 Nevada County Aipotl Land Use Compatibilw Plan (Adopted September 201 1 ) Same as Zone B1 > Locate struclures maximum distance lrom r!nway ) Minimum NLR ol25 dB in residences (including m0bile h0mes)11 ) NCALUC airspace review required
for objects >3,l06leet MSL''?
r Avi0ation easement dedication
Appnach
Zone
81 lnner
10% ) Highly noise-sensitive uses
r Hazards to fliohta
Same as Underlyin0 Not
CompatibilityZone Applicable

Page 218 ends

Item # 10.

CHAPTER 2 POLICIES
Zone Nolse and Ovsrlllght Factors Satoty.nd Alrspace Protecllon Factors A
Runway
Cleat Zone
Noise lmpact: Very High
> i,llostly above CNEL65 dB
Noise lmpact: High
> Typically above CNEL 60 dB
> Single€v€nt noise sufficient to disrupt wide range
ol land use activities including indoors if windows
Risk Level: Very High
> lncludes Runway Protection Zones and Building
Restriction Line as indicated on Airport Layout
Plan (ALP) drawing
> Nearly 40% of off-runway general aviation accidents near airports occur in this zone > Object heights restflctsd to <35 feet in some
ar6as
Risk Level: High
> Encompasses areas overflown by aircrafl at low
altitudes-typically only 200 to 400 feet above
the runway elevation.
> Some l0% to 20% of off-runway generalaviation
accidents near airports take place h€re
> Objecl h€ights restricted to <35leet in some
areas
Risk Level: Low to Moderate
> Area not normally ovorflown by akcratt; primary
risk is with aircraft (ospecially twins) losing directional control on takeoff , About 3o/o of off-runway general aviaton accidents near airports happen in this zone > Object heights restricted to <35 leet in some
areas
open
82 Sideline Zona
Noise lmpact: Moderate to High
> Mostly above CNEL 60 dB
> Exposed to loud singl€-event noise from takeofls
and jet thrust-reverse on landing; also lrom prellight run-ups c
lnMt Tuming
Zone and
E)deNed
Nryoach
Zona
Noise lfipact: Moderute
> May exceed CNEL 55 dB
> Primary aircraft lratfic pattern south of airport
> Aircraft typically at or below 1,000-ioot traflic pattern altitude; individual events occasionally loud €nough to intrude upon indoor activities
Risk Level: Mode@te
> lncludes areas where aircraft turn from base to
,inal approach lsgs ol standard tralfic pattsrn
and descend Irom tralfic pattern altitude
> Zone also includes areas where departlng aircraft normally complete transition from takeofl power and tlap settings to climb mods and have
begun to lurn to their en route heading
> Minimal aircraft lraffic north of airpon except by
fire attack aircralt during fire season
> Some 10% to 15% of otf-runway general aviation
accidents near airports occur here
> Object heights restricted to as little as 35 feet
D
Tnllic Pattern
Zone
Noise lmpacl: Modeate
> Noise more ot a concern with respsct to individual
loud events than with cumulative noise contours
> Portions of the 55-CNEL contour exlend into this
zone
> Tratlic paltern north ol airport is modified to accounl for high terrain northeast of airport > Urban Overlay Zone Di rellects relatively high
ambient noise level of urbanized area
Risk Level: Low
> About 20",6 to 30"/ ol generalaviation accidents
take place in this zone, but tho large area encompassed means a low likelihood of accidenl occurrence in any given location
> Risk concern is primarily with uses for which potential consequences are severe ( hactivlti ned a > Airspace concern is generally heights
> 100 reet above runway elevation except to
northeast whers terrain is higher
E
Other Nrport
Envituns
Noise lmpact: Low
> Beyond the 55-CNEL contour
> Occasional overllights intrusive lo some outdoor
activities
Risk Level: Low
> Bisk concern only with uses for which potential
consequences are sevsre (e.9. very-highintensity activities in a contined area) w
Height Review
Overlay Zone
Nobe lmpact: Low
> lndividual noise evenls slightly louder because
high terrain reduces altitude of overflights
Risk Level: Moderate
> Modest risk because high terrain constitutes airsPac€ obst.uCtiOn > Key concern is lall single objects (e.9., antennas)
Table 28
Compatibility Zone Delineation
224
Mproach
Zone
B1
lntEr
*
,*
Nevada County Aitporl Land Use Conpatibility Plan (Adopted Septomber 2011)

Page 219 ends

Item # 10.

To: info@citvofqra ssvallev.com
Subject: Public Comment on Proposed lnconcert Sierra Whispering Pines Specific Plan Amendments, Use Permit and Development Permits (22PLN-18).

The City of Grass Valley has a Energy Action Plan that includes a target of 100% of new construction meeting Title 24 Green Building and Energy Efficiency Standards and a target of 100% of new developments meeting State required Zero-Net-Energy Goals by 2035.

Whispering Pines Project
With the adding of a new roof to the building at the Whispering Pines site, I ask that the project install roof{op solar on the roof to meet the goals of the Energy Action Plan. The conceptual drawing appears to show that the roof won't be shaded by vegetation.

To meet zero-net energy goals, it also would be prudent to eliminate the use of natural gas and make the buildings be all-electric. Backup storage could be provided, but it may not be necessary since an event scheduled to occur during a PSPS would probably be cancelled since the probable attendees would have more to worry about than attending a concert. Note: Nearly 60% of new homes nationwide are all-electric.

Energy Action Plan:

Strategy 2.1: Prepare for the inclusion of renewable energy systems in new construction and large retrofit projects in order to meet California Zero Net Energy Goals by providing informational materials when available.

These informational materials could include a checklist of actions that would help meet the Energy Action Plan goals, such as rooftop solar, LED lighting, and electric space heating and appliances. Other items for community benefit include walkable community options, nearby public transit, smoke-free buildings and playground access.

Conclusion
I would suggest that. ln the future, when a new development such as Whispering Pines is proposed, that the City of Grass Valley suggest to the developer that the plans submitted be zero carbon energy eliminating any use of fossil fuels as an energy source. This would eliminate the need for extensive retrofitting in the future.

Don Rivenes, Member of the Grass Valley Energy Action Plan Working group 108 Bridger Ct
Grass Valley CA 95945
Thank you for your consideration.

Page 220 ends

Item # 10.

Taylor Day
trom:

Srnt
To:

SubjGct
John Bush
Tuesday,
Public Comments
lnConcert Siena's Crown Point community center project
You don't often get email oo.E. tearn whv this is imoortant Greotings,
I wish to .xpr.3s my support for lnConccrt Sierr.'s clown Point community c.nt r proi.ct I hrv. livad in W..t m Nwedr County for 25 ycrrs rnd hrve seen r number of .ttomp8 to ost blish r full rpectrum p.rformint rrts c.nt r brFn .nd uhimrt ly dirbrnd. I bollcvc the proposed prcject of lnconc.rt SioF. h.t i w'y rtrong poorlbtlity of ucccedir,t3 for the following rcrsons:
1, Th. vibrart .nd growing rrt: community k rn rrs.ntirl elcmcnt of tha economic rnd cuhunl lifo of our community. Studi6 by tho t{cwdr County rrtr Council hrw d.monstr.t d this f.ct.

2. This proFct i3 not rn .tt mpt to find lend end to ortect r building. Thc hnd rnd tho buildin3 exist rnd erc cminently rultrblo for thr nocssrry ramodcling rnd updetin3 rcquircd by th. pnd.ct, 3, Tho projact is w.ll{rnded rnd rppr.r. to bc on tracl to obtrin tho nccocs.ry ,noni.t to conrpl.t th. pro.i.ct. 4, Tho proirct L d.rign d not rs. nfufic for lnC.onc. Siorr., but es. full3p.ct um c.nt r to b. usad by tfu .tts communlty, butlnaira3, Sovammantal egcacicr, rnd nortprofit rnd civ'rc orjrnizationt. 5, Tlrc compldim of thc projcct mry will bc an esscntirl cl.ment in th. continucd jrowth of Nevede County rr we rttrrct ncw nrldonb, vLitors, .nd busincr3G to bocomo prrt of our g?owin3 .rd dyn.mic co.nmunity.

I raspectfully ask thet lnC,oncert Siere's Crown Point Community Cantar proiect bc rpprovcd.

Sincerely,
John 8ush, PryD
I

Page 221 ends

Item # 10.

Tey{or Dry
From:

S.nt
To:

Subject
John & Nina Stillwell
Monday, September
Public Comments
Crown Point Community Project
lnconcert Siena is a well-supported organization run by caring and metculous professionals and I have confidence that what they are proposing will be done with the highe€t quality.

I am writing to voice my suppolt br lnconcert Sie]ra's Crown Point Communrty prciect.

Nina Stillwell
2 You don't often get em6il I eam wtw this is imoortant It would be great for all that live in Nevada County to have a perbtmance spaoe and event center which woulrt attrac{ performers to the area and provide a venue to encourage youth participation in an excellent facility.

Page 222 ends

Item # 10.

Tay'or Day
Faom:

Sdlt
To:

Subj.ct
Aimee
Monday,
Public Comments
Letter of Support for lncorrcert Siena's Crown Point community Project I vouoon'tott"n o"t",n"itt orrf. [earn whv this is imoortant Dear Grass Valley planning commission rnembers,
I am writing b voice my support fff lnconcert siena's Crown Point community projec{.

This building will fill a significant numbcr of arts and othcr communtty nceds: creatc a 10,000 squsre foot, stat+of-the-art, acoustic conoert hall; a Blacloox theatc[ and a confBreno€/event space with an adioining, alrcady cxisting kitcfien. ThcrE arE no venues sudr as this within a s&mile radius that have the amenities needed b support the glo\ dr of our nmProfit secior.

I gpt an opportunity to tanr the buitsing several monlhs agp at the invitaton of Kcn and Julie Hadin. I got supcr excited abod the potcntsl this has fur lnConcert Sicna, and for the largcr oommunity as a whole. Sicna Hsrvest is acaxtstorned to hosting several large events cadi year In suppod of our bcal fuod and hming community. This venue is idcal b host our annual Sustainable Food & Fam Confcrcnce, our annual fundraislng luncheon, and offter educational evcnb.

I strongly $ppod thls proild and think it will crc8tc a sustainable firture br the Grass ValleyNevada City arts and ctiltlrc disfrict, enoouragE torfism, elgand city and county rcvcnues, and p]widc br community vitality that will enhance our highly desirable area.

Thank you for your time and consideration,
Aimee Retzler
Ex.clrtiv€ Dlr.ctor
.hc/hcr rBtr
www,si6rr.hsrwst.orr | 530.265.2:143
313 Reilroed Arn. Suite 201 | .v.d. City, CA 95959
Now is lhc pcrfcct time to g.t to know your loal furmsl Shop thc @to g.t to know loa! growcn, whalt lh.y gtow, ond wherp b buy. Or visit us for llflid< at t@s-Eggn, opcn fur thc whole fumily to havest wggies, herhs, and flowec cach Tuesday lnm 4 - 7 lrom now until Novr,mter. 3 7

Page 223 ends

Item # 10.

Taylor Day
From:

Sent:

To:

Subject:

Lance Goddard
Monday, Septe r1
Public Comments
Crown Point Community Project
[You don't often get email f . Learn why this is important at https://aka. ms/LearnAboutSenderldent cation l
Dear members of the Planning Commission,
I am writing to express my wholehearted support for the proposal by lnConcert Sierra to establish this project. We bought property here in 1992 and have watched the community grow and prosper. The idea of such a project and the potential venues it will provide will help to make this a destination for additional visitors as well as to enhance the local life in so many ways. ln addition to bringing in visitors the arts and culture of ou r community will be enriched greatly by this project.

Thank you for the opportunity to comment on this amazing proposal Sincerely,
Lance Goddard
4

Page 224 ends

Item # 10.

Tatdor Day
From:

S.nt
To:

SUUGCt
Susie Monary-Wilson
Monday, September
Public Comments
Support for lnconcert Siena's Performing Arts Center
l r- o** o* r" rn", o*E.bunrfultliirimoodrot
Dear planning commission members,
We are writing to voice our support br lnconcert Siena's Crown Point Community project.

This building will fill a significant number of arts and other community needs: create a 10,000 squere foot, stated-the-art, acoustic concert hall; a Blackbox theater, and a conErence/event spaoe with an adioining, already existing kitchen. There are no venues such as this within a so-mile radius; lnConcert and nonproft orgenlzations and communiv groups and members will be able to utilize rle building br a myriad of unmet events and meetlng needs.

We sbongly support this proiect and think it will create a sustainable future ior the Grass Valley/Nevada City arts and culture distid, encourage tourism, expand city and county revenues, and provide for oommunity vltality lfiat will enhance our highly desirable area.

We hope you will suppolt this wonderlul endeavor.

Sincerely,
Susie Monary-Wilson
John Wilson
1,14'l,l Homburg Way
Nevada City
5

Page 225 ends

Item # 10.

Taylor Day
Fp,m:

S.ot
To:
$ti.ct
Valarie Bush
Monday,
Public Comments
Planning Commission lnConcert Siena
I vouaon'toten sete."itt -f. Leamwhvthis isimDodaot
September 16, 2022
I am writing to the members of the Planning Commission to voice my support for lnconcert Sierra's Crown Point Community proiect.

This complex will fill a significant number of arts and other community needs: its 1o,ooo square foot, state-of-the-art, acoustic concert hall; Blackbox theater; and a conference/event space with an adioining, already existing kitchen are very much needed.

There are no venues such as thls within a so-mile radius; lnConcert Sierra and nonprofit organizations and community groups and members will be able to utilize the building for a myriad of unmet events and meeting needs.
lmportantly, because of the facility's large size and the existing 5ooKW emergency generator with an uninterrupted power supply, the building can be used as an emergency shelter/staging area for disaster and crisis response.

I strongly support this pro,ect and think it will create a sustainable future for the Grass ValleylNevada City arts and culture district encourage tourism, expand city and county revenues, and provide for community vitality that will enhance our highly desirable area.

Kind regards,
Valaricbuch
valariaQchooscwcl lnessnow,com
Er4!fh9s!Es!he9t!9q.!9e!!
530t575-1865
ChooscWcllncce f.,low
6 I have supported the arts in Nevada County for over 25 years ago. I belleve lt is cruclal that we continue to build out Grass Valley's environment, recreation, arts, and education. These are driveB for a successful, attractive, enriching, and strong economy and community.

Page 226 ends

Item # 10.

Tatdor Day
From:
s.rt
To:

Cc
Linda l-yon
Sunday, Septem
Public Comments
Julie Hardin
lnconcen Siena's Crown Point Community project
Leam vrhv this is imoortant
Subject
I vou don't often 9et email
Hello,
I am writrp lhb ermil b show ny !;tong swpdt br lnconcertsfurnb Foposad building pllElct m qo\,vn Pdnt Orde.

THs plt*d wi[ not onv horF. lnconcedsicne, but aho Mtl3ic in thc ]tlountaim. Both organLelions GGr\re an eco(l3tical theetlr th8t strorcascc their aspcclivr trlenb. lt will alBo o,ffu Sillra Stiges a brend netv box the#r lhel oftf3 a rryrbd d opporinities to $egE a vadcty of pLF.

No uAer€ dGe to Grass Valley can me find srch a venue; I belicve the dosest is the HanB Center in Folso,n 8nd lha b not an e.sry drive, parlirlarly in the eveningt3 or duting indemcnt v/e.thcr.

Thc oppofimity to have a uorld dass plrlbrming {l3 ccoE in Grars Vallcy wi[ e r ct lhe bGin€sses a]td talent Gr.ss Valley desireE; lt will boost our hocpilrlity indusilry and atlact nxtr. tlsirenE.

The pocsblliUes br the venue eru limitcd b orlc.3 ilmgin tirn; pcrhaF art 3lE\,rs, a dancc stlrdb, ucddhg rrccptons, h,sinct3 meetings and sfudent adivilbs.

I higry encorag! you to sr4porl this \renfuru, c it b an cxcelhnt eddiuon b (xJr cornmtnity.

Thank you,
Linda Lyon
19227 Windmill Lane
Gras Vdley, CA 95949
530-271-8844
7

Page 227 ends

Item # 10.

Taylor Day
From:

Sent:

To:

Subject:
l"ttr"yt"it"rJ
Sunday, SepGmber 18,2022 12:26 PM
Public Comments
Re Planning Commission lnconcert Sierra
[You don't often get email from . Learn why this is imPortant at https://aka.ms/[earnAboutSenderldentification ]
September 15, 2022
Members of the Grass Valley Planning Commission,
I have been supporting the arts ever since I moved here over 20 years ago. As you leaders know one of 6rass Valley's most important assets is its top notch environment, recreation, arts, and education. These are drivers for a successful, enriching, and strong economy.

The new acoustic concert hall being proposed by lnConcert Sierra with an adjoining black box theater and conference facility would greatly enhance our already desirable culturaland economic success. There is no other facility with these qualities (especially an acoustical concert hall) within 50 miles.

I ask you to vote in favor ofthe variance to allow lnConcert Sierra (this is our 75th year) the right to invest in our community by building this multi-million dollar facility.

We have meant with and have the support of the arts and cultural community Much thanks for your consideration.

JEFF Leiter, tormer Mayor, City of Berkeley
12440 Gayle Lane, Nevada City
[email protected]
8

Page 228 ends

Item # 10.

Taylor Day
frDm:

S.nt
To:

Subi.ct
Barry and Bonnie Howard
Sunday, September 18,
Public Comments
Comments for S€pt 20 Planning Commission meeting
You don't oftefl get email from team whv this is imoorbnt Dear Planning C.ommission Members,
I am writing in suppott of two proposd projects before the oommission on September 20:
1) InC.oncert Siena's proposed C,rown Point Community Project.

The proposed creation of an a@ustic Crnert Hall, C-onferene Center, and Black Box Theater fills cunent gaps wlthin our local infrastntcUre that will create a positive economlc resouroe for our aommunity. This project also provldes mudt needed venue spaaes for our nonprofft and for-profit arts groups and buslnesses, as well as a posiUve impact on tourlsm, another crucial economic driver.
2) Bright Fuhrres for Youth/NEO building renovation Project This project is another important and necessary venue for our local youth and homeless population that will strengthen the fabric of our community by creating a safety net for those in need.
9 I shongly en@urage your support of this project.

Thank you,
Barry and Bonnie Howard
12313 Banner Mountain Trail
Nevada City, CA 95959

Page 229 ends

Item # 10.

Tatilor Day
Frcm:

Sdlt
To:

Subi.ct
Peter Mason
Sunday, Septem
Public Comments
lnconcert Sierra Project - 125 Crown Point
You dont often get email Leam wtw this is important
Soptomber 18, 2022
To: Gnss Valley Planning Commission
Ra: l,rconcld $crta Project - 725 &own Point Court
I .m writing to urgs the Plenning Commission 8nd city of 6rass Velley to rpprove tho Proiect Proposed by lnConcert Sierre for 125 Crown Point Court'
The Grrss Vellcy rnd Newdr Cfi communities h.ve r lon3 history of rupponinS th. P€rforming .rts, includint music, thartcr, tnd drncc. Th. lnlonc.rt Si.rr. Projec,t buildr upon this history end fills rt lcrst two nceds in the community: (i! the croetion of rn rcourtic concort hell; rnd (ii) tha craetion of e srnell flcxible th..t r sP.c. (or e "bleck-box thedre').

Conatt Hotl: ttlhllc thc community hrs savenl nrnurs $or pcforrnrncrs, nom ia d.dgnod to tupport th. conc.rts prcrcntrd lnConart Si.rr. .nd th. othcr lo4rtrnding cbrrlcd music orgrnizrtlon in thr community, Mu:ic ln the Mountrin:. Althorryh both lnconctrt Sicm end Muric in ttrr Mountrinr hrvc bcrn rblc to find rnd .d.Pt to th. evri6blc vrnucr, ompromises hrve bccn mrde ln progrrmmin3 rnd ln thc eudLnc. .rg.ti.nc.' The crertion of e d.dicrt d .courtic ooncert hell u pert ofthG lnconcert si.rr. Pmj.ct would rllow for morc divrrrc progrrmming lnd en improvod rudirncc clgoriono end would support the frnuro grondfi of clersicrl music and otlrcr :coustic music performrncor in tho community.

Brod- Bd lhcaff,z: At pr6.nt, the only v3nuo .vsil.bl. in Gress Vellcy rnd Nevedr Gty for community th..tor productions ir tfi. l{ovede Thertre, Ths Neveda Thertrc ir e blcsring for communily thcetcr groups, but demrnd for production slot3.xccrds supply. ln eddition, rs r larlrr vrnuc with 2rO soatr, ft ir relrtively expensive for community th..t r group3 to mount . production .t th. Novrdr Thartro end r clrrllcnp to fill th. Erts. Hrving I Bleck'Box fhrrtrc with r tmellcr caprcity es pert of the lnConsort Sicrr. Proj.ct would immodietcly doublc tlrc numbcr of vcnues rnihblc for community tho.tor goductio.B and would crcrtc opportunities for moru productions by oxktinS .nd frrture community th..tor grouPs.

For the r..ron3 r3t forth rbovr, I would lite to cxprass my strong 3upport for tho Phnning Commission md Gty rpprovrls of tho lnconc.rt SiGrr. PmFct,
Peter Mason
PS. I hrve been cx.cutiv. diructor for Sicra St!8.s (one of the cxisting communlty th..tor ttouP3) rince its inc.ption in 2008, end :m r rcsidont of thc City of Grass Vrlley.
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Taylor Day
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S.rtt
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Subj.ct
Joan Goddard
Saturday,
Public Comments
Crown Point Community project
l r* oor,. * r"n "*t o.,nI [email protected]
Dear planning commission membeE,
I am wtroleheartedly in favor of the lnConcert Siena's Crown Point Gommunity project.

This bullding on Crown Point Circle will fill a significant number of arts and other community needs:
create a 10,000 square foot, state-of-the-art, aooustic conoerl hall; a Blackbox theater; and a oonGrenc€/event space with an adjoining, already existing kitchen. There ale no vonues such as this wlthin a So-mile radius; lnconcert and nonprofit organizations end community groups and membeB will be able to utilize the building br a myriad of unmet events and meeting needs.

This will be a big WIN for our community! A complex sucfi as this will create a sustainable frJture for the Grass Valley/Nevada City arts and culture district, encourage tourism, expand city and county revenues, and provlde br oommunity vitality that will enhance our highly desirable area.

I know you will appreciate the value of this p$eci. Just imagine the possibilfties! Sincerely,
Joan Goddard
[530] 477-7509
Sont from my iP.d
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Saturday, September
E
17 ,2022 3:13 PM
Public Comments
support of lnconcert Sierra's Crown Point Community Project You don't often get email lea.n why this is important
Dear planning aommission members,
I am writing b voice my support br lnconcert Siena's Crown Point Communlty project. As the executive direclor ior Hospice of the Foothills, the prospGd of a oonferBnce cenbr and addfiional event spaoe would fill a gap we onen experienoe in planning for our education of clinical statr, and fundraising events.

As a community member wiose cfrildren and grandchildren reside in the community, I am excited for the cultural and economic value this venue will bring to our oommunity.

This building will fill a signmcant number of arts and other community needs: create a 10d)0 squarc bot, stateof-the€rt, acoustic concert hall; a Blackbox theater; and e oonblence/event sPace wlth an a-dJolning, already exEting ldtcfien. The]e arB no venues sucfi as this withln a so-mlle radius; lnConcert and nonprolit organlzaflons and community grcups and memberc wlll be able to utlize the building for a myried of unmet eventrg and meetng needs.

I sfongly support thb project and think it will create a sustalnable ltrture for the Grass ValleyNevada City arts and culfure disbict, encourage tourism, expan<l city and county revenues, and provide for community vitality that will enhance our h(rhly desirable arca.

Thank you...

Viv Tipotn
Ytt Tlpbn
Executive Director
Hospice of the Foothills
11270 Rough .nd Ready Hwy
Grass Valley, CA 95945
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Cc
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Sheila
Public Comments
Julie Hardin
lnConcert Venue - Grass Valley
You don't often get email from Leam whv this is imoortant Dear plenning oommission members,
I am writing to voice my support for lnConcert Siena's Crown Point Communi$ plojec{ to be located on Crown Point Cirde.

This building will fill a signmcant number of arb and other community needs: create a 10,000 square foot, state-of-the-art, acoustic conoert hall; a Blackbox theater; and a con$Erence/event space with an a-djoining, already existing kitcfien. Therc are no venues such as this within a so-mile radius; lnConcert and nonprofit organizations and community groups and members will be able to utilize the building for a myriad of unmet events and mee(ng needs.

I sfongly suppoft this projec't and think it will create a sustainable tuture for the Grass Valley/Nevada City arE and culture district, encouftrge tourism, expand city and oounty revenues, and provide for community vitality that u,ill enhance our highly desirable area.

Thank you,
Sheila Baker
629 E. Broad St, Nevada City, CA
530-265-3106
14 Saturday,

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Charles Undq
Saturday, Septem
Public Comments
Support for lnConcert Siena's Crown Point project
l r* ron, oom r* "-.u
*,n-. t"am why this is imoortant
Dear planning commission membels:

I am writing in support for lnconcert Siena's 125 Crown Point Circle project.

This building will fill a significant number of arts and other community needs: create e l0,O0O square foot, state-of-the.art, acoustic concert hall; a Blackbox theater; and a oonhrenoe/event space with an adjolning, alreedy exisffng kitchen. There are no venues sucfi as this withln a s0{nile radius; lnconcert and nonprofit organlzations and community groups and members will be able to utilize the building fior a mfiad of unmet events and meeung needs.

Grass Valley and Nevada City in paflicular, as \ircll as surounding oommunitles wlll ell benefit trom this, making our area a even more desirable area to vlsit and/or live in. I personally hope to ettend many ot the cvents that this feclllty wlll host. I personally am making a fnencial @mmltmont to this projec{.

Regards
Chrrlos Undquist
129 Horizon Grclo
Gress Vrlley, CA
53G272-9325
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Mary Anne Davis
Saturday, Septem 1
You don t oftefl get email Leam rYhv this is imoortant
I am wdting in sbong support of lnConcert Siena's proposed crown Point Community Ptojec{.

As a rcsidont of Ncvada County for 35 yea.s, I am so exdbd about the prcposed creatlon of an acoustic Cmcert Hall, larye c,mbrence Cenbr, and a Blad( Box Theabr as pr$ented by lnConert Siena br our oommunitys use. This proirct fills many g8ps within our local infrasfructure that will creatc a positive econornic resourcc whilc floviring muctHccdcd vefluc spaces for our nonEofit as rvell as brfidt arts groupo and businesses.

As a local cvont manao€r and produccr, I can 8ttcst to the fac't we need a lalger vonuc to host nonprofit fundrais€B and events, espcdally since the Foothills Event Center was sold and rcmoved from the list of possible venues. (Yet even being too small, it did work for certain events).

As a musldan, having morc optbns br pcrfofinsnce spaoc would be incredlble. Evcn morc lncredible would be an acoustic perfumance hall that urc just dont have within at least 50 miles.

I sfrongly encourage your support of this project. There is absolutely no downside to this ptolect, and there are so many positives.

Thank you,
Mary Anna Devis ry*
Public Comments
Support for lnCorrcert Siena's Performing ArE Project
16 Deer Pl.nning Commission Members,
As somconc urho bclievcs budsm is very lmportant to thc vbbllity of our future, t knorv peoplc would bavcl to atbnd pcrfonnances and e\renE hcre, utilize our hotds and rcstaurants aM shop in our storcs. lfs a win-winwin.

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Ken Getz
Saturday, AM
Public Comments
Support for lnConcert Siena's Crown Point Community Project You don't often get email Leam whv this is imoortant
Dear planning commission members,
I am writing to voice my support for InConcert Sierra's Crown Point Community project.

Besides the much-needed concert hall, this project will provide a theatrical venue that is even more needed. As the Center for the Arts has made its Off Center Stage unavailable to local oommunity theater groups for the duration (and maybe permanently), there is currently only a single viable theater spaoe in western Nevada County. Having a blackbox theater available as part of this new project will be an invaluable resource to the community.

Thank you.

Ken Getz
Music Director, Sierra Stages Community Theatre
ken o@sierrastaoes. oro
t7
I strongly support this project and think it will create a sustainable future for the Grass Valley/Nevada City arts and culture district, encourage tourism, exPand city and.county revenues, and provide for community vitality that will enhance our highly desirable area.

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subj.ct
visit Website
Julie Hardin
Friday,
Public Comments
Support of upcoming projects before the GV Planning commbsion I ,ou r**oo"nrete,."itmmf. L.am wfivthis is imoortant
Dear Planning Commission Members,
I am writing in support of two proposed proiects before the commission on September 20:
1) lnconcert Siene's proposed Crown Point Community Project.

The proposed creation of an a@ustic Concert Hall, Conference Center, and Black Box Theater fills cunent gaps within our local infrastucture that will creete a positive economic resource while providing mucfi needed venue spaoes br our nonprcfit and for+ofit e.ts grcups and businesses - as well as a positive impac{ on tourism, anolher crucial economic driver.

I strongly encouEge your support of this projec't.
2) Bright Futures for You$/NEO building ]enovation project Another important and neoessery venue for our local youth and homeless population that wifl sfengthen the fabric of our community by creating a safety net for those ln need.

Thank you,
Julie Hardin
Iulie Hardin, Executive Dir€ctor
530-273-3990 -office . 530-559-2181 -cell
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.lennifer Sinqer
NEO Youth Center
You dont often get email tearn whv this is imoortant
Further, BriarPstch and NEO have developed a strong neighborly relstionship over the yearc, They have shared meeting space for our staff, and we have offered donations of food and drinks. We are proud and happy to know they are close by, and we look fonrrrard to many more yesrs of community cooperation with them on Litton Drive.

Thank you for your part in building and strengthening our community.

Chris
Chris Maher
Chris Maher
Generil Manater y"
lS3/Jl272-2667 xam I Fat: (530)272-5355
ch,is@ briorpstch.coop
290 siem collegc Drive I Grass Valley I cllitomia
n@Elo
subJoct
95945
BNIAN PAE rooDl
!tgoPl
20 Desr GV Planning Commission,
As a nearby property owner, BriarPatch Food Co-op whole-heartedly endorses the approval of use Permit 22pLN-36, for the relocation and reopening of NEO Youth CentGr to 220 Utton Drive in Grass Valley. For over a decede, NEO (Bright Futures for Youth) has bcen a shining example of the good th.t ctn come when the community invests in the well-bcing of our area youth. NEO scrves our community by offering a safe, supervised environment for teens and pre-teens to gather, play, and direct their creative energies in positive ways.

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Gudrun Zomerland
Thursday, September
Public Comments
CrorYn Point Project
I votrdon'toftensra"n"irt-f Leam why fis is imoortant
Dear Planning Commission members:

I 8m writing in support for the Crown Point Community building proposed by lnConcert Sierru.

I Gcently was prrt of a group of pcople invitcd by lnC-onccrt Sicra to vicw thc Ctown Point Building to hear ebout thcir plans for the buildin3; and the community outr.ecfi and support they had already received from vlrious, intercst groups for thcir projcct.

Since I am a classkal music fan, I was dclfiited that thcy would finally havc a truc conccrt hlll with thr lcoustlcs lpproprilte for th! genrc, Thcy had also rclchcd out to othar lrt-orlcntcd vrnurs ln the county who Gxprcss.d strong interest in utilizlng their spac. End r scprrute, muhirurpose thcatcr. ln tddltion, the bulldin3 has cnough room for ! confercncc c.ntcr, rcplctc with a wondcrful kitdtcn and cafctcria, thlt could bc utlllrcd by any busincss, locelly or odtcrwisc.

Wc wcrc also told thrt thcy will havc a hugc gcncrrtor tlllt c.n tum thc bullding into rn cmGrgcncy shchcr, if thc nced for one should arlse, With the numcrous powcr outlgcs we hevc had in Ncvada County over the last few years and the constlnt drnScr of wildfircs, this would br ! truly blcsscd addition to the emcrgency lesourlccs in our county.

Given that our county is a already growing into an atfactive 'lifestyle" choice for people from all over Califomia and elsewtrere, the Crown Point Building would provide even more quality in the form of improved artistic endeavors, and attacl altematives for businesses outside the county for @nventions and retrcats. All this could only increase buslness throughout the county, I would love to see the Crown Point Community project come to fruition and urge you to vote yes on it.

Thaak you, Gudrun Zomerland (resident of Penn Valley)
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Sara Langlands
Thursday, Septem
Public Comments
ln support of Crown Point Community project
You don't often get email from Leam wlw this is imnortant To the 6rass Vrllcy Pl.nning Commirtion,
I *rongly 3upport thb project .nd think it will cr.rt. . sustrineble firture for thc Gress Vrlley/Nlv.d. City rrts and culture diskict, encourago tourism, oxptnd cW .nd county revenuos, .nd providc for community vit lity th.t will enhrnce our highly dcsirebla eree,
Thenk you,
Srn Lrnglends
22 I .m writing to voic. my support for lnconcrrt Si.rr.'3 Oown Point Community ptoj.ct.

This is .n axciting projoct th.t will fill s .ignific.nt numb.r of rrts rnd other community n.ods-s..tc . 10,(m squ.ro foot, st tc-of-th.-rG acoustic concrrt htll; a Blrckbox thcrter; eod r conferonce/ovont sprce. There l;r no vcnucr ruch .s this within . 5Gmilo r.diB; lncon6rt Sierr rnd othcr nonprofit orgenizrtions and community groups will be eble to utiliz€ thc buildinS for a myriad of currontly unm.t ne.ds' lmportrntly, beceure of the fecllity's lrrgo size .nd the .xBting sq)XW €morgency Scnorrtor with .n unintcrrupt d powcr supply, tha building can be urcd rs an emugrncy shchar/stsgint .rar for dissst r .nd cdsis r.sPonso.

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Item # 10.

Taylor Day
From:

Sent:

To:

Subject:

K & S Porter
Wednesday, eptem ( 14,
Pubiic Comments
Crown Point Community Project
[You don't often get email fro . Learn why this is important at https://a ka.ms/LearnAboutSenderldentification I
City of Grass Valley Planning Commission Members:
l'm writing to express my support for the proposed changes in zoning and permitted use of the building at 125 Crown Point Court. lnConcert Sierra proposes to purchase the currently under-utilized building and convert it into a facility for a variety of community uses, including an acoustic concert hall, a "black box" theater, a large conference and meeting space with an adjoining food preparation area, and office space for multiple community nonprofit organizations.

Representatives from a variety of local organizations and government agencies have seen plans and toured the facility, and are virtually unanimous in support ofthe planned uses, and very anxious to have the conference and meeting space available due to a current lack of available space for rent.

I believe the proposed modifications will create a facility that will serve important community needs, and add to our area's ability to generate revenues from increased tourism.

I urge your support for the proposed zoning and usage changes Tha nk you for your consideration.

Keith Porter
12968 Burma Rd.

Grass Valley, CA 95945
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Steve Mendoza
Wednesday, 9:1
Public Comments
Support ,or the Crown Point Community Project
I vordon'toften oet*n"it mrf rearo-uey.rbirlrionoot
Dear Planning Commission members:

I am writing to the members of the Planning Commission to voice my support for lnConcert Siena's Crown Point Community project.

This project will provide our oommunity with a stratHf-the-art, acoustic concert hall, a Blackbox theater,
-and
a conferenoe/event space with an a-djoining, already existing kitcfien. lnConcert Siena, other nonprolit organizetions, and community groups and members will be able to utilize the building for a myriad of unmet events and meeting needs.

Additionally, because of the facility's large size and the existing 500KW emergency generetor with an unintemtpied power supply, the building can be used as an emergency shelter/straging area for disaster and crisis response.

I strongly support this project and think it will be a tremendous boost to the local economy and create a sustainable and positive future for the Grass Valley/Nevada City arts and cutfure disuict and associated businesses.

Steve Mendoza
Grass Valley
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Item # 10.

RESPONSE TO COMMENTS
In response to the comments received on the InConcert Sierra Project (22PLN-18), staff offers the following for Planning Commission and City Council consideration. The following pages identifu the comments received followed with a staffresponse addressing the specific environmental issue raised. The comments provided herein, identified in italic text, are listed in chronological order by date ofreceipt.

Letter I - Email Correspondence received SeDtember 14.2022. from Garv Pierazzi:

As you know, in February 2017 a lawsuit was filed, challenging the City's approval of nvo text amendments and its adoption ofa Negative Declardtion.

The lawsuit resulted in a settlement agreement by and between the City of Grass Valley and Citizens Advocating Responsible Development (CARD). Part of that settlement agreement was that the Ci\) conduct a Comprehensive Review of the Whispering Pines Specific Plan. (See settlement anachment) In 2020 the City proposed a Negative Declaration and Text Amendmenl to the LYhispering Pines Specific Ptan for a different proposal. In response to that 2020 proposal, is the letter (attached) sent to lhe City reminding the City of the terms ofthe settlement, regarding the comprehensive review of the Specific Plan.

Response: In accordance with applicable Sections 1.5 (a) & (b) the Settlement Agreement specifies that (a) "...the City agrees to initiate a comprehensive review of the Specific Plan, including designation and land uses, to determine whether any updates or amendments to the Specific Plan are necessary to allow an appropriate range ofuses while mitigating impacts fiom such uses." (b) As determined by the outcome of City's comprehensive review of the Specific Plan, City agrees to fully comply with the requirements of CEQA with regards to any update or amendments to the Specific Plan.

Staff acknowledges that it has yet to complete a comprehensive review of the Whispering Pines Specific Plan (WPSP) with the appropriate level of environmental review as outlined in the Settlement Agreement.

Although the City has agreed to a comprehensive review of the WPSP, the Settlement Agreement does not bar the City fiom making minor amendments to the WPSP altogether.

To that end, although the InConcert Sierra Project under consideration amends the WPSP, the project constitutes a minor amendment of the WPSP that applies to a singular parcel with existing improvements.

The 125 Crown Point Court property making up +5.53 acres (APN: 009-700-063) contains an existing 41,600 square foot building with parking, landscaping, and lighting improvements. Except for a roof height increase and interior tenant improvements, the InConcert Sierra project will utilize existing improvements as is. No further development of the property is slated with the project.

The current uses permitted in the SP-1A Zone include Administrative and Research, Restricted Light Industrial, Warehouse/Showroom, Employment Center Support, Office/Professional Uses and Churches with a Use Permit. Upon review ofthe proposed project, the proposed Inconcert Sierra uses are akin to the uses permitted in the SP-1A Zone.

ATTACHMENT 7

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Pagc 2 of6
Specifically, when evaluated from an environmental perspective, the contemplated uses are anticipated to be environmentally better than uses currently permitted in the SP-IA Zone. That is, the conclusions contained in the Initial Study/Mitigated Negative Declaration have determined that air quality and Vehicle Miles Traveled (VMT) impacts will be less impactful than existing permitted uses in the SP-lA Zone.

Accordingly, it is Stafls opinion that Sections 1.5 (a) and (b) are inapplicable to the InConcert Sierra Project (22PLN-18) in that the project is not a comprehensive evaluation of the WPSP but a site-specific project applicable to the sole property of 125 Whispering Pines Court. The City acknowledges that a comprehensive review ofthe Specific Plan with appropriate level ofenvironmental review is forthcoming per the Settlement Agreement.

Letter 2 - Presentation of Daniel Ketcham dated Seotember 20.20222 Presentation identifies three issues: l) Parking Mitigation; 2) Parking Variance Requirement; and 3) Nevada County Airport Land Use Compatibility Determination. l. Parking Mitigation - "The staf.f report before you appropriately identifies that the proposed use will create a property that is extremely under parked. It is projected that for some events the property will be parking deficient by 321 parking spaces. And that appears to be based on a large assumption that all attendees will arrive via two persons per vehicle. The proffered solution? Attendees will simply park on neighboring properties. No need to worry about agreements to do so, as the applicant will address that when the need actually arrives. This proposal, from a land use planning perspective, is both nonsensical andfrankly embarrassing. To deter a htghly critical properly, use requirement and NOT insure a proposed use has adequale parking from the inception, is simply negligent. lyritten agreements, ready for recordation, .for reciprocal parking with neighboring properties should be a condition of approval...nothing less. "
Response: The Whispering Pines Specific Plan Section B.4 c. specifies that parking for nonresidential uses shall be required in accordance with the Grass Valley Zoning Ordinance.

There are 204 off street parking spaces on the *5.53-acre site. The Initial Study/Mitigated Negative Declaration identifies a parking deficiency for uses such as a full capacity Concert or where two of the contemplated uses Concert Hall (670 persons), Black Box Theater (175 persons) or Conference Center (350 persons) occur simultaneously. To this end, InConcert Sierra clarified proposed events and use of the building. A full capacity concert of670 would preclude the use ofother venues for separate events. If two uses occur simultaneously, they would not exceed 670 occupants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and Black Box Theater is estimated to be 75.

To calculate parking demand, the Traffic Study prepared for the project uses historical event ticket sales to project vehicle occupancy. (It should be noted that the ticket sales totals compiled were for yearly sales totals for the Y ear 2019 before the COVID shutdowns). These tickets sales were converted into number of vehicles by zip code using a 2.6 vehicle occupancy rate. For parking purposes, staff projected a more conservative vehicle occupancy rate of2 persons per vehicle.

It is expected that on rare occasions, two ofthese uses could occur simultaneously, but all three uses would not occur simultaneously. InConcert Sierra has provided further clarification of the intended uses. A full Inconcert Sierra WPSP Amendments
Response to Comments
City of Grass Valley
Octobet 12.2022 Page 244
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capacity Concert of 670 would preclude the use of other venues for separate events. If two uses occur simultaneously, they would not exceed 670 occupants in total. Typical occupancy ofthe Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and Black Box is estimated to be

75. In accordance with Table 3-3 of the City's Development Code, the City's Parking Standard for Theaters, auditoriums, and places of assembly is 1 space for each 4 seats or 1 space for each 100 sf. of assembly area, whichever would yield more spaces. For the project, the 1 parking space per 4 seats yields more parking spaces. Based upon the number of seats as outlined above, the number of parking spaces required is 249 parking spaces. Using the City's Development Code Table 3-3 Parking Standards, the site is therefore deficient by 45 parking spaces. However, the Traffic Study prepared for the project utilizes historic ticket sales to project Vehicle Miles Traveled. These tickets sales were converted into number of vehicles by zip code using a 2.6 vehicle occupancy rate. Even ifa more conservative estimate ofattendees doubled up for each vehicle, this would amount to 335 (67012=335) vehicles or 131 on-site parking spaces short of the projected vehicle parking estimates. This shortage in parking is at issue with the City's Development Code parking standard, however, the applicant has indicted that negotiated parking agreernents with adjoining property owners will provide additional off-street parking in adjacent property parking lots during evening and weekend operations as required to accommodate larger attended events.

The lack of on-site parking may present a significant parking impact. However, the following mitigation measure would reduce this potential impacts to a less than significant level.

To ensure that parking is not at issue, the Planning Commission recommended that the Parking Mitigation be required prior to the issuance of a building permit vs. prior to the first capacity event for the tenant improvements as follows:

TRANS I - Mitigation Measure:
pa*i+fspaees Prior to the issuance of a building permit, the applicant shall submit off-site parking agreements for review and approval that satisfu the event attendance in accordance with Section

17.36.080 et seq. ofthe City's Development Code. The final parking agreements shall be for a duration that is commensurate with the event and shall be to the satisfaction of the Community Development Director and City Engineer.

The InConcert Sierra applicant is agreeable to the Mitigation Measure as recommended by the Planning Commission.

2. Variance Requiremenl - "As this proposal does not meel current parking requirements, a Variance is, in.fact, required and seemingly not part o.f this proposal? (Section 17.72.070 of the City's Development Code relating to Parking Variances was attached lo the Presentdtion Lelter).

Response: Section 17.72.070. Variance Section 17.72.070 of the City's Development Code is not the goveming section of the City's Development Code for the lnConce( Sierra Project. Section 17.72.070 allows some or all the parking spaces required for a nonresidential project to be located off-site or allows in-lieu t'ees or facilities instead of the required on-site parking spaces provided Variance Findings are made in the affirmative.

This section of the City's Development Code has been applied to the City's Downtown District exclusively where off-street parking cannot be met, and no adjoining parking uses may be available. In InConcen Sierra WPSP Amendments
Response to Comments
City of Grass Valley
October 12,2022

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this instance, if there are adjoining parking opportunities, then some or all the parking spaces may be allocated off-site. Ifthere are no other means for on-site or off-site parking, an applicant may pay parking inlieu fees.

To allow a Variance for parking that allows either some or all the parking spaces to be located off-site or the payment of parking mitigation fees for the InConcert Sierra Project does not solve the deficiency in parking considering there is altemative parking solutions on adjoining parcels. As such, this section was inappropriately cited and does not apply to the InConcert Sierra Project.

The appropriate Section ofthe Development Code is Section 17.36.080 that permits a reduction in parking spaces with shared parking on adjoining properties. Specifically, Sections I 7.36.080 A.l . and A.2 are the applicable parking sections of the City's Development Code:

17.36.080 Reduction of parking requirements.

A. Shared On-Site Parking.
l. Where two or more uses on the same site or adjacent parcels have district and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number ofparking spaces may be allowed in the following manner:
a. Upon approval of a minor use permit in compliance with Section 17.72.060, the Director may reduce the total parking space requirement by up to a maximum of twenty percent; or, b. Upon approval of a use permit, in compliance with Section 17.72.060, the Commission may reduce the total parking space requirement by twenty percent or more.

2. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use served for the duration of the use.

B. Reduction of Required Parking. The review authority may reduce the number of parking spaces required by Section 17.36.040 (number of parking spaces required), above through the granting ofa use permit or minor use permit (depending on the amount of reduction requested) in compliance with Section 17.72.060, based upon quantitative information provided by the applicant that documents the need for fewer spaces (e.g. sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

The Parking Mitigation Measure recommended by the Planning Commission provides further clarification that the project shall be mitigated in accordance with Section 17.36.080 of the City's Development Code.

Section I 7.72.070 of the City's Development Code is not the applicable section of the City's Development Code for the InConcert Sierra Project. Section 17.72.070 allows some or all the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead ofthe required on-site parking spaces provided the following Variance Findings are made in the affirmative:
a. The Variance will be an incentive to, and a benefit for, the nonresidential development; and, b. The variance will further facilitate access to the nonresidential development by users ofpublic transit facilities and other modes of transpofiation.

The application of this section of the City's Development Code has been applied to the City's Historic Downtown District where off-street parking cannot be met, and no adjoining parking uses are available. lnconcert Sierra wPSP Amendments
Response to Comments
Ciry of Grass Valley
October 12. 2022 Page 246
Item # 10.

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In this instance, if there are adjoining parking opportunities then some or all the parking spaces may be allocated off-site. Ifthere are no oppoffunities for on-site or off-site parking, an applicant may pay parking inlieu fees or facilities instead of the required parking facilities. To allow a Variance for parking that allow either some or all the parking spaces to be located off-site or the payment of parking mitigation fees for the InConcert Sierra Project will not solve the need to project specific parking. Accordingly, this section does not apply to the InConcert Siena Project.

3. Over/light Zone Determination - "In his letter of August 23, Mike Woodman, Executive Director, Nevada County Transportation Commission essentially said "all good to go" as to the compatibility of this proposed use and the proximity to the Nevada County Airport. However, I can assure you such is NOT the case. The 1983 Whispering Pines Specific Plan recognized the risk of allowing uses that would permit a high concentotion ofpersons in a given building. For an example, the exact proposal before you this evening. Appropriately, such uses were precluded in the-then small and narrow overflight zone along lYhispering Pines Lane at Brunswick Road. I can assure you that departure.flight patterns have changed significantly since 1983. Similarly, the 2011 Airport Land use Compatibility Plan entirely failed to recognize that the almost daily summertime parage ofCal Fire Bombers fly a southbound departure route directly over this very property. Last week during the Mosquito Fire, the bombers were making low elevation departures every 1l-13 minutes, with one day making approximately 80 .flights over this structure. What happens when a bomber loses an engine on departure at low elevation? They immediately hit the drop button and the.full load is dropped in.five seconds. Depending upon the elevation, the drop can crush everything below on the ground....including structures." See page 2-24 where risk level in Zone D states that 20%o to j1%o of aviation accidents take place in this zone. I quote: Risk concern is primary with uses .for which potential consequences are severe. For example, very high intensity activities in a co4fined area. This describes exdctly what is proposed before you."
Response: Mike Woodman, Executive Director, Nevada County Airport Land Use Commission provided correspondence dated August 23, 2022, stating that after reviewing the project details and the proposed number of event attendee and employees on site, it was determined that the proposed project does not contain characteristics likely to result in inconsistencies with the compatibility criterial set forth in the Nevada County Airport Land Use Compatibility Plan and gives the approval of the project, on behalf of the Nevada County Airport Land Use Commission (NCALUC).

Supplemental correspondence dated October 13,2022, substantiating the conclusions of the August 23, 2022, correspondence has also been provided in Exhibit G of the Initial Study/Mitigated Negative Declaration.

Letter 3 - CorresDondence from Don Rivenes:
tYith the adding of the new roof to the building at the Ll/hispering Pines site, I ask that the proiect install roof-top solar on the roof to meet the goals ofthe Energt Action Plan. The conceptual drawing appears to show that the roofwon't be shaded by vegetation.

To meet zero-net energy goals, it would be prudent to eliminate the use of natural gas and made the buildings be all electrtc. Backup storage could be provided, but it may not be necessary since an event InConcert Sierra WPSP Amendments
Response to Comments
City of Grass Valley
Octobet 12.2022

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Item # 10.

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scheduled to occur during a PSPS would probably be cancelled since the probable attendees would have more to v,orry about than attending a concert. Note: Nearly 60%o ofnew homes nationwide are all electric.

Response: The City has adopted the CA Green Building Code. The applicant shall be required to comply with the applicable Green Building Code at the time of building permit application completeness. lnconcert Sierra WPSP Amendments
Response to Comments
Ciry of Crass Valley
Octobet 12.2022

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Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title:

CDBG Memorial Park Facilities Improvement Project – Grand Opening Recommendation: That Council select a date and time for a grand opening/ribbon cutting ceremony.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 10/25/2022 Date Prepared: 10/19/2022 Agenda: Administrative
Background Information: On May 11, 2021, the City Council awarded the construction for the CDBG Memorial Park Facilities Improvement Project. The project involved a complete overhaul of the existing swimming pool, softball field upgrades, restroom replacement, and the addition of two pickleball courts and one basketball court, among other park improvements.

Now, a little over a year from the start of construction, the contract is substantially complete. The only remain work relates to the installation of some new street lighting, and the contractor is still waiting on the delivery of light poles.

Staff would like to set a date and time for a grand reopening of the park, including a ribbon cutting and tour of the new improvements.

Council Goals/Objectives: The action executes portions of work tasks towards achieving/maintaining Strategic Plan – Recreation and Parks.

Fiscal Impact: The project is proposed to be fully funded in the FY 2021/2022 CIP Budget with CDBG, Water Rate and Measure E funds.

Funds Available: Yes Account #: Various
Reviewed by: City Manager
Attachments: N/A

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Item # 11.

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