Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 8, 2023 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).
The public is encouraged to participate or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”.
The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above) but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
City Partner Introduction: Sierra Fund
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes February 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – February 2023
Recommended Action: Receive and file the report
3. Police Activity Report February 2023
Recommended Action: Receive and file the report
4. Building Activity Report February 2023
Recommended Action: Receive and file the report
5. Consideration of Resolution No. 2023-09: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-02 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the February 24, 2023, Winter Storm Recommended Action: Adopt the resolution
6. Second Reading and Consideration of Adoption of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
7. Conduct a Public Hearing in Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 22, 2023
BUSINESS
8. Consideration of the Assembly Bill 481 Annual Military Equipment Use Report and Review of Ordinance 2022-05 Adopting a Military Equipment Policy for Nevada City
Recommended Action: Receive a presentation then review the report and approve the continued use of the equipment without change
9. Consideration of the 2022 Housing Element Progress Report Recommended Action: Receive and file and authorize transmittal of the report to the Department of Housing and Community Development
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the March 8, 2023, Regular Meeting of the Nevada City City Council was posted March 3, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 3, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 8, 2023 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).
The public is encouraged to participate or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”.
The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above) but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
City Partner Introduction: Sierra Fund
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes February 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – February 2023
Recommended Action: Receive and file the report
3. Police Activity Report February 2023
Recommended Action: Receive and file the report
4. Building Activity Report February 2023
Recommended Action: Receive and file the report
5. Consideration of Resolution No. 2023-09: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-02 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the February 24, 2023, Winter Storm Recommended Action: Adopt the resolution
6. Second Reading and Consideration of Adoption of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
7. Conduct a Public Hearing in Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 22, 2023
BUSINESS
8. Consideration of the Assembly Bill 481 Annual Military Equipment Use Report and Review of Ordinance 2022-05 Adopting a Military Equipment Policy for Nevada City
Recommended Action: Receive a presentation then review the report and approve the continued use of the equipment without change
9. Consideration of the 2022 Housing Element Progress Report Recommended Action: Receive and file and authorize transmittal of the report to the Department of Housing and Community Development
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the March 8, 2023, Regular Meeting of the Nevada City City Council was posted March 3, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 3, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF FEB 22, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
REGULAR MEETING – 6:30 PM - Call to Order EDIT #18
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Fleming, Vice Mayor Fernàndez, Council Members Petersen, Kline and Ceci
ADOPTION OF THE AGENDA:
Action: Motion by Kline, seconded by Ceci to adopt the Agenda for February 22, 2023 Meeting (Approved 5-0) Fleming, Fernàndez, Petersen Kline and Ceci PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
PRESENTATIONS
Presentation: Pasty Toss Challenge from the City of Grass Valley Presentation: Parking Study Survey Briefing from TJKM
CONSENT ITEMS:
1. Action Minutes January 25, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – January 2023
Recommended Action: Receive and file the report
3. Police Activity Report January 2023
Recommended Action: Receive and file the report
4. Building Activity Report January 2023
Recommended Action: Receive and file the report
5. Fire Activity Report January 2023
2 Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
7. Consideration of a Report Updating the Status of Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms
Recommended Action: Receive and file the report
8. Consideration of a City Investment Report for the 4th Quarter 2022 Recommended Action: Receive and file the report
9. Consideration of the 2022 Model Water Efficiency Landscape Ordinance Report (MWELO) Submitted to the Department of Water Resources
Recommended Action: Receive and file the report
10. Consideration of Award of a Professional Services Contract with Sauers Engineering for Water and Sewer Hydraulic Modeling in an Amount Not-to-Exceed $60,500; Authorize a Contingency of 10%, Not-to-Exceed $6,000 and Authorize the City Manager to Sign the Contract.
Recommended Action: Award of Professional Services Contract, authorize the contingency, and authorize the City Manager to sign the contract
11. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-ToExceed $208,405 for Paving Storm Repairs 2023; Authorize a Project Contingency of 10%, NotTo-Exceed $20,000; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
12. Consideration of Resolution No. 2023-010: A Resolution of the City Council of the City of Nevada City, California, Opposing Initiative 21-0042A1 Restricting Voter’s Input and Local Taxing Authority
Recommended Action: Adopt the resolution
13. Consideration of Resolution No. 2023-08: Resolution of the City Council of the City of Nevada City, California Authorizing State of California Cannabis Equity Act Grant Funding Recommended Action: Adopt the resolution
14. Record Resolution No. 2023-06: A Resolution of the City Council of the City of Nevada City, California, Honoring the Victims of the Tragedies in Monterey Park, California and Half Moon Bay, California; and Decrying the Acts of Violence
Recommended Action: Receive and file
15. Consideration of the Special Event Street Closure Request for the 2023 Farmer’s Market Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application 3 Action: Motion by Kline, Seconded by Fernàndez to approve items 1-15 (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
BUSINESS
16. Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Mid-Year Budget by:
Consideration of Resolution No. 2023-07: A Resolution of the City Council of the City of Nevada City, California, Modifying the Fiscal Year 2022-2023 Budget Revenue Estimates and Appropriations
Recommended Action: Conduct the public hearing and adopt the resolution Action: Motion by Petersen, Seconded by Kline to approve Resolution 2023-07 of the City Council of the City of Nevada City, California, Modifying the Fiscal Year 2022-2023 Budget Revenue Estimates and Appropriations
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
17. Conduct a Public Hearing in Consideration of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 8, 2023 Action: Motion by Petersen, Seconded by Kline to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 8, 2023 (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
BUSINESS
18. Consideration of the Special Event Street Closure Request for the Nevada City Chamber of Commerce Events Through 2023
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application Note: Item pulled and approved prior to Consent Agenda
Action: Motion by Fernàndez, Seconded by Petersen to approve and authorize the street closure requests.
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
19. Consideration of a Letter of Support for the Proposed Amended Policy 5145.3:
Nondiscrimination / Harassment of the Nevada Joint Union High School District Board of Trustees
Recommended Action: Approve the letter and authorize the Mayor to sign Action: Motion by Kline, Seconded by Fernàndez to approve the letter of support and authorize the Mayor to sign
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:18 PM
4 AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Vice-Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report February 2023 From: Sean Grayson, City Manager
Date: March 3, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for February 2023 reviews the accounts payable and check register for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Accounts Payable Report February 2023
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 03
Subject: Monthly Statistical Crime Data February 2023
From: Dan Foss, Chief of Police
Date: March 2, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
Attached you will find the monthly statistical crime report for February 2023, for the Nevada City Police Department. Compared to February 2022, the Nevada City Police Department had an increase in adult arrests, tows, and traffic stops. The officers also increased foot patrol and smoking enforcement downtown.
During the winter months and heavy snowfall we have been experiencing, it is important to remember what members of your police department can assist with. Many people have reasonable concerns for family and friends during these heavy storms, especially during power outages or cell and internet interruptions. It is always appropriate to contact the police department and ask for a welfare check for any resident within the city limits. Your officers will always try to contact the person in question and verify their safety while providing any emergency service needed. Keeping a community safe does not mean simply enforcement of laws but also providing assistance when possible when other options are not available.
Nevada City Police Department (NCPD) will always be available for comments and will notify the council of any concerns.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
None.
ATTACHMENTS:
February 2023 Case Report
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 4 5% 0 0% 1 2% 0 0% 3 300%
ASSAULT - S 1 1% 1 100% 1 2% 0 0% 0 0%
AUTO THEFT 0 0% 0 0% 2 5% 0 0% -2 -200%
BURGLARY 2 3% 1 50% 0 0% 0 0% 2 200%
CIVIL DISPUTE 1 1% 0 0% 0 0% 0 0% 1 100%
COURT ORDER 0 0% 0 0% 2 5% 1 50% -2 -200%
DECEASED PERSON 1 1% 0 0% 0 0% 0 0% 1 100%
DISORDERLY 1 1% 1 100% 2 5% 2 100% -1 -100%
DOMESTIC DISPUTE 4 5% 0 0% 0 0% 0 0% 4 400%
DOMESTIC VIOLENCE 1 1% 0 0% 0 0% 0 0% 1 100%
DUI 4 5% 2 50% 1 2% 1 100% 3 300%
FOUND PROPERTY 3 4% 0 0% 1 2% 0 0% 2 200%
FRAUD 1 1% 0 0% 1 2% 0 0% 0 0%
GENERAL 1 1% 0 0% 0 0% 0 0% 1 100%
HIT-RUN-N 3 4% 0 0% 0 0% 0 0% 3 300%
LIQUOR LAWS 1 1% 1 100% 1 2% 1 100% 0 0%
MISC INFO RPT 5 6% 0 0% 2 5% 0 0% 3 300%
MISSING 1 1% 0 0% 0 0% 0 0% 1 100%
MVSTOP 4 5% 0 0% 0 0% 0 0% 4 400%
OA 0 0% 0 0% 1 2% 0 0% -1 -100%
PROPERTY 1 1% 0 0% 0 0% 0 0% 1 100%
RECOVERED VEHICLE 0 0% 0 0% 1 2% 0 0% -1 -100%
RESIST 1 1% 0 0% 1 2% 1 100% 0 0%
ROBBERY 0 0% 0 0% 1 2% 1 100% -1 -100%
RUNAWAY JUVENILE 1 1% 0 0% 0 0% 0 0% 1 100%
SEX OFFENSE 2 3% 0 0% 1 2% 0 0% 1 100%
SUICIDE ATTEMPT 0 0% 0 0% 1 2% 0 0% -1 -100%
THEFT 2 3% 0 0% 2 5% 0 0% 0 0%
TOW 7 9% 0 0% 0 0% 0 0% 7 700%
TRAFFIC 2 3% 1 50% 2 5% 2 100% 0 0%
TRAFFIC COLLISION 4 5% 0 0% 3 8% 0 0% 1 100%
TRESPASS 3 4% 2 67% 0 0% 0 0% 3 300%
VANDALISM 1 1% 1 100% 2 5% 0 0% -1 -100%
VOIDED CASE NUMBER 3 4% 0 0% 1 2% 0 0% 2 200%
WARRANT ARREST 1 1% 1 100% 3 8% 3 100% -2 -200%
Total Case Reports 66 11 33 12 33
RMS-185b v1.0 Printed 3/2/2023 11:06:28 AM Page 1 of 2 Total Pages
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY CASE STATUS
REPORT PERIOD
February 2023
NEVADA CITY, CA 95959
(530) 265-4700
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 5 23% 5 100% 5 33% 2 40% 0 0%
Adult Arrests Misd 14 64% 6 43% 9 60% 9 100% 5 500%
Juvenile Arrests Felony 1 5% 0 0% 0 0% 0 0% 1 100%
Juvenile Arrests Misd 1 5% 0 0% 0 0% 0 0% 1 100%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 1 5% 1 100% 1 7% 1 100% 0 0%
Total Arrests 22 12 15 12 7
RMS-185b v1.0 Printed 3/2/2023 11:06:28 AM Page 2 of 2 Total Pages * Cleared - Is determined by the case status where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY CASE STATUS
REPORT PERIOD
February 2023
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2022 Agenda Item No. 04
Subject: Building Activity Report February 2023
From: Amy Wolfson, City Planner
Date: March 3, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Building Activity Report for February 2023 reviews the actions and activities for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Building Activity Report February 2023
Date
Record
Number Record Type Description Address Status
2/21/2023 230480 Full Review
As Built deck replacement. Like for like. 180 SF. Verification of installed sewer backflow prevention device at final.Includes 2 inspections. Final required.
327 BRIDGE WAY, Nevada City
CA 95959 In Review
2/21/2023 230479 Full Review
As Built. Remove and replace of deck. Like for like. 140 SF.
Verification of installed sewer backflow prevention device at final.Includes 2 inspections. Final required.
329 BRIDGE WAY, Nevada City
CA 95959 In Review
2/17/2023 230457 Express Permit
Platinum program reroofTear-off and reroofOwens Corning Roofing materials meet the cool roof requirements
235 COMMERCIAL STREET,
Nevada City CA 95959 Received
2/16/2023 230434 Express Permit
Web: Replace 2 Furnaces and 1 AC unit. System located in/on side of building
114 BOST AVENUE, Nevada
City CA 95959 Issued
2/15/2023 230425 Full Review
Hunt Vitality Chiropractic & Wellness Center. Tenant
improvement: new windows, doors, ADA access, new lighting and re-arranged interior walls, plus, new wiring and minor plumbing. This permit includes X inspections
830 ZION STREET, Nevada City
CA 95959 In Review
2/14/2023
23TMP000575 Full Review
Site Improvements for the widening of the existing driveway and preparation for future residences. Includes excavation and construction of retaining walls, earth moving for future pad grading, trenching for sewer and utilities, and tree removal. Best management practices are to be included by implementing water pollution control facilities. Wall design 377 Wyoming Road, Grass
Valley ca 95959
2/14/2023 230416 Express Permit
WEB: Replacing 200A service panel with "like for like" meter panel. SURGE PROTECTION REQUIRED.PERMIT INCLUDES 2
212 SOUTH PINE STREET,
Nevada City CA 95959 Issued
2/14/2023 230412 Express Permit
Digital. Replace existing heating equipment in garage. No cooling. System located in/on side of house. Sewer backflow prevention device installed to be verified at final.Includes one 844 Nevada St, Nevada City
CA 95959 Issued
2/13/2023
23TMP000554 Full Review
New Extraction Lab tenant improvement in existing industrial tenant space, new Class 1, Division 1 and Class 2, Division 2 spaces, new interior partition walls, new mechanical systems, new electrical systems, new plumbing systems and fixtures 545 SEARLS AVENUE, Nevada
City CA 95959
2/13/2023 230390 Full Review
Digital: WBCF: Replace generator with 50kW Diesel Generator in new location outside on concrete slab with fencing
925 MAIDU AVENUE, Nevada
City CA 95959 In Review
February 2023 Building Activity Report
2/9/2023 230357 Full Review Replacing a main meter panel like for like 433 WASHINGTON STREET,
Nevada City CA 95959 Received
2/6/2023 230316 Express Permit
Digital. Reroof. Duration Cool 24 Sq Ft. Platinum member one inspection. Final required.
408 NIMROD STREET, Nevada
City CA 95959 Issued
2/6/2023 230309 Express Permit
Add one electrical outlet/plug in wall/ceiling in Malakoff RoomThis permit includes 1 inspection.
950 MAIDU AVENUE, Nevada
City CA 95959 Finaled
2/1/2023 230271 Full Review
Increase size of master bedroom. Increase size of one
window. Add French doors. This permit includes 4 inspections.
A final inspection is required.
700 WEST BROAD STREET,
Nevada City CA 95959 Issued
2/1/2023 230268
Over the Counter
Permit
New standby generator. 20kW with ATS.Includes 2
inspections.
123 NIVENS LANE, Nevada
City CA 95959 Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 05
Subject: Consideration of Resolution No. 2023-09: A
Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-02 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the February 24, 2023, Winter Storm
From: Sean Grayson, City Manager
Date: March 3, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
On March 3, 2023, I City Manager Sean Grayson issued, acting in my capacity as Director of Civil Defense and Disaster for the City, a proclamation declaring the existence of a local emergency due to the impacts of the winter storm that began on February 24, 2023, and has continued through the declaration of the emergency.
This region, while it does rain frequently and snow occasionally, experienced a winter storm beginning February 24, 2023, that was significantly more severe than what is normally seen in the area in terms of the high volume of snow in a short period of time. The impacts to the city included a large number of fallen trees and limbs damaging infrastructure, blocking city streets and sidewalks, and creating safety hazards. The City’s water and wastewater treatment facilities operated intermittently on generator power and experienced an inundation of debris and rocks causing operations impacts and damage to infrastructure. Power, phone, and internet, were lost throughout multiple locations in the region and within the city limits. The resolution is needed to assure that the means exist to address situations as they arise as well as to be able to submit for reimbursement of costs incurred in addressing the storm impacts.
Nevada County Office of Emergency Services (OES) executed a local emergency proclamation for the County on March 1, 2023. Also on March 1, 2023, Governor Gavin Newsom issued an Emergency Proclamation for twelve counties including Nevada County related to the storm. Nevada County OES and State of California OES were provided initial damage assessment information from Nevada City and notified of the emergency proclamation on March 3, 2023. The initial damage estimate on March 3, 2023, was $190,000 consisting mostly of debris and tree removal needs. This amount is anticipated to increase as more areas become visible and assessable.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with the adoption of the resolution. Ratification of the proclamation by adoption of the resolution may allow for the City to submit requests for reimbursement of costs associated with the storm through state and federal programs. Staff is in the process of making damage assessments along with cost estimates.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Proclamation 2023-02
Resolution 2023-09
RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, RATIFYING PROCLAMATION NO. 2023-02 OF
THE CITY MANAGER ACTING IN HIS ROLE AS THE DIRECTOR OF
CIVIL DEFENSE AND DISASTER DECLARING AN EMERGENCY DUE
TO THE FEBRUARY 24, 2023, WINTER STORM
THE CITY COUNCIL OF NEVADA CITY DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City Manager, acting in his role as the Director of Civil Defense and Disaster is authorized to declare the existence of an emergency pursuant to Government Code section 8630 and Nevada City Municipal Code section 2.44.050(A)(1) when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), and 8630 authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City of Nevada City on February 24, 2023, and continuing through at least March 3, 2023, was inundated by winter storms that created high winds and excessive amounts of snow in an area that generally does not receive such a volume of snow in such a small period of time, and damaging freezing; and
WHEREAS, the impacts of the storms resulted in a large number of fallen trees and limbs blocking city streets and sidewalks creating safety hazards and damage throughout the city; and WHEREAS the City’s water and wastewater treatment facilities operated on generator power and experienced an inundation of snow and debris causing operations impacts and damage to infrastructure; and
WHEREAS, portions of the city experienced loss of power, loss of phone, and loss of internet due to Pacific Gas & Electric (PG&E) lines being torn down by the fallen trees and limbs as well as many utility poles being downed; and
WHEREAS, the conditions presented by this storm have taxed the city’s small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city’s resources, services, equipment and facilities of the city; and
WHEREAS, those same conditions constitute and warrant a proclamation of the existence of a local emergency; and
WHEREAS, on March 1, 2023, the County of Nevada issued a Proclamation of a State of Emergency throughout the County for the severe winter storms; and WHEREAS, on March 1, 2023, California Governor Gavin Newsom issued a Proclamation of State of Emergency to support disaster response and relief in twelve California counties including Nevada County; and
WHEREAS, on March 3, 2023, the City Manager for Nevada City, acting in his capacity as Director of Civil Defense and Disaster, issued Proclamation No. 2023-02 declaring the existence of an emergency. A true and correct copy of this Proclamation is attached hereto and incorporated by reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Nevada City as follows:
A. The City Manager’s Proclamation of an Emergency No. 2023-02 dated March 3, 2023, and orders contained therein, are hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Chapter 2.44 of the Nevada City Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the impacts of the December 31, 2022, snowstorm as detailed in the recitals set forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. City Manager, acting in his capacity as Director of Civil Defense and Disaster, is authorized to perform all duties as outlined in section 2.44.050 of the Nevada City Municipal Code to protect life and property for the duration of the Emergency.
E. During the existence of this emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City.
F. The following orders shall remain in effect for the duration of this Emergency:
1. The orders and/or recommendations of the Director of Civil Defense and Disaster are deemed mandatory.
2. The Emergency Waiver Provisions in the Memorandums of Understanding (MOU) for Management and Supervisory Employees and Miscellaneous Employees is invoked suspending the provisions of the City’s Personnel Rules and MOUs as they relate to the City’s ability to respond to this emergency.
G. A copy of this resolution and the emergency proclamation shall be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Nevada City; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
H. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency at least once every sixty (60) days until the City Council terminates the emergency.
PASSED, APPROVED AND ADOPTED this 8th day of March 2023. ______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________
Gabrielle Christakes, Deputy City Clerk
APPROVED AS TO FORM:
_________________________________
Dean J. Pucci, City Attorney
PROCLAMATION NO. 2023-02
APROCLAMATION BYTHE CITYMANAGER OFTHE CITY OF NEVADA
CITY, CALIFORNIA,ACTINGASTHEDIRECTOROFCIVILDEFENSEAND
DISASTER, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
DUE TO THE FEBRUARY 24, 2023, WINTER
STORMS
WHEREAS, the CityManager, acting in his capacity asDirector ofCivil Defense and Disaster for Nevada City, is authorized by Section 2.44.050(A)(l) ofthe Nevada City Municipal Code to declare the existence orthreatened existence of a local emergency or disaster when the City is affected or likely to be affected by a public calamity; and WHEREAS, as Director of Civil Defense and Disaster all of the authorities contained in Section 2.44.050(A)(l) are being invoked and activated; and WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), and 8630 authorize the City Managerto proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that arelikelytobebeyondthe controloftheservices,personnel, equipment,andfacilitiesofthe City; and
WHEREAS, the City of Nevada City on February 24, 2023, and continuing through at least March 3, 2023, was inundated by winter storms that created high winds and excessive amounts of snow in an area that generally does not receive such a volume of snow in such a small period of time, and damaging freezing; and WHEREAS, the impacts of the storms resulted in a large number of fallen trees and limbs blocking city streets and sidewalks creating safety hazards and damage throughout the city; and
WHEREAS, the City’s water and wastewater treatment facilities operated on generator power and experienced an inundation of snow and debris causing operations impacts and damage to infrastructure; and
WHEREAS, portionsofthe cityexperiencedlossofpower, lossofphone, andlossof internet due to Pacific Gas & Electric (PG&E) lines being torn down by the fallen trees and limbs as well as many utility poles being downed; and
WHEREAS, the conditions presented by this storm have taxed the city's small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city's resources, services, equipment, and facilities of the city; and WHEREAS, those same conditions constitute and warrant a proclamation of the existence of a local emergency; and
WHEREAS, on March 1, 2023, the County of Nevada issued a Proclamation of a State of Emergency throughout the County for the severe winter storms; and WHEREAS, on March 1, 2023, California Governor Gavin Newsom issued a Proclamation of State of Emergency to support disaster response and relief in twelve California counties including Nevada County; and
WHEREAS, the Director of Civil Defense and Disaster finds that a declaration of a local emergency will assist in a coordinated public safety response to the stated storm event emergency to protect lives and property of the citizens of Nevada City and constitutes an emergency situation as set forth in California Government Code sections 8558 and 8630; and WHEREAS, Government Code Section 8630 authorizesthe City Manager, in his capacity as Director of Civil Defense and Disaster, to declare the existence of a local emergency or disaster which shall go into immediate effect and remain in effect for 7 days until ratified by the City Council;
NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager, the Director of Civil Defense and Disaster for Nevada City, as follows:
A. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et. Seq., including Section 8558(c) and Section 2.44.050(A)(l) of the Nevada City Municipal Code, a local emergency exists based on the existence of conditions of disaster or extreme peril to the safety of persons and property caused by the December 31, 2022, winter storm as detailed above.
B. The City Council shall review and ratify this proclamation within 7 days as required by state law, and if ratified, shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency as required by state law until it terminates the local emergency and shall terminate the local emergency at the earliest possible date that conditions warrant.
C. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City, including but not limited to Chapter 2.44 of the Nevada City Municipal Code
D.That the City of Nevada City orders that, within the boundaries of the City of Nevada City, the orders and/or recommendations of the Director of Civil Defense and Disaster be deemed mandatory.
E. That the Emergency Waiver Provisions in the Memorandums of Understanding (MOU) for Management and Supervisory Employees and Miscellaneous Employees is hereby invoked suspending the provisions of the City's Personnel Rules and MOUs as they relate to the City's ability to respond to this emergency.
F. That a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Nevada City; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal- resources and any other appropriate federal disaster relief programs.
Proclaimed this 3rd day of March 2023
____________________________________ ________________________________ Sean Grayson, City Manager Dean Pucci, City Attorney
Director of Civil Defense and Disaster
____________________________________
Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 06
Subject: Second Reading and Consideration of Adoption of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending
Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
From: Sean Grayson, City Manager
Date: March 3, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At the February 22, 2023 regular City Council meeting, the City Council introduced Ordinance 2023-02 in regard to changes sections of the municipal code related to business licenses.
The City Council has provided direction to ensure that the City is receiving all fees, taxes and related revenues that it is entitled to under existing processes prior to implementing future potential changes in fiscal year 2023-24. In reviewing the City’s requirements under Chapter 5.04 “Business Licenses” of the Municipal Code consistent and recurring enrollment and enforcement has been identified as a need. Based upon complaints from businesses it was determined that not all vendors selling in the City, both at City and private events secure business licenses as required. The Nevada City Farmer’s Market, the Nevada City Chamber of Commerce, and the Miner’s Foundry Cultural Center have all expressed concerns of the impact on business related to the “one size fits all” fee structure within the current code. Specifically, all three indicate that the $123 City fee would be sufficient to deter a number of vendors from participating in events.
In 2015 the City amended the municipal code consolidating thirty different classifications of businesses and their related business license fees into only two types, those with 10 or more employees and those with 9 or less employees. Although the structure is not ineffective, it does not allow for a lower fee for microbusinesses especially event vendors that may only sell once within the City. Chamber staff will provide a presentation on their proposed events. Staff conditions for public safety, public works, and road closures will be provided to the Chamber of Commerce at the meeting scheduled in advance of each event.
The City’s Business Strategic Initiative Committee heard this issue on January 3, 2023, and recommended that an ordinance modification to allow a specific category of event vendors be considered by the City Council. This action would modify the municipal code The attached ordinance would permit vendors at events, such as those hosted by Nevada City Farmer’s Market, the Nevada City Chamber of Commerce, and the Miner’s Foundry Cultural Center, to pay their tax and obtain their license via the event operator, so long as the operator elects to participate in such collection method. In recognition of the reduced cost to the City for this collection method and the fact that such vendors have a different level of activity in the City than other business, the tax for such vendors who use this collection method would be reduced to $20. The state fee of $4 would remain applicable.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is a small, anticipated increase in revenue associated with this action although no increase in revenue is anticipated in fiscal year 2022/2023 with all event vendors being eligible for the City’s Business Development Fee Waiver Program which would reduce the City’s revenue for any eligible vendor to zero.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the Business Strategic Initiative: Business, Industry, and Cannabis Support.
Specifically, this action addresses, in part, goal #4, “Engage all city businesses to determine their needs and demands and track variations by area and
business type.”
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Ordinance 2023-02
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY OF NEVADA CITY ADDING
SECTIONS 5.04.140 (“EVENTS”) AND 5.04.350 (“IMPERMISSIBLE TAXES”) TO CHAPTER 5.04 (“BUSINESS LICENSES”) OF TITLE 5 (“BUSINESS TAXES, LICENSES AND REGULATIONS”) OF THE
NEVADA CITY MUNICIPAL CODE
WHEREAS, Chapter 5.04 of the Municipal Code generally requires that a business license be obtained from the City by any person transacting, conducting, or carrying on any business or providing services in the City, whether or not they have a fixed place of business within the City; and WHEREAS, Chapter 5.04 imposes upon each such person a business license tax; and WHEREAS, the purpose of Chapter 5.04 is to raise revenue for the City and not for regulation; and
WHEREAS, the City Council desires to simplify the process by which vendors at farmers markets, fairs, and similar events may obtain such a license; and WHEREAS, the City Council desires to clarify the interaction of Chapter 5.04 with state and federal law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 5.04.140 is hereby added to Article III (“Licensing Requirements”) of Chapter
5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Nevada City Municipal Code as follows:
“5.04.140. Events.
A. For purposes of this Section, “event” means a farmers’ market, fair, swap meet, or other similar event at which vendors sell goods or services. This section does not apply to events that operate more than twice a week.
B. The operator of an event subject to this Section may elect to serve as an intermediary collector of business license taxes by requesting and obtaining from the city an intermediary collector certificate.
C. An intermediary collector shall not allow any vendor to sell goods or services at their event unless either (i) that vendor has obtained a valid business license from the City or (ii) the intermediary collector issues the vendor an event vendor certificate in a form that has been approved by the City.
D. For each year, the intermediary collector shall maintain a list of the vendors operating at the event, and whether that vendor has a business license issued by the City or has been issued an event vendor certificate.
E. Each month, the intermediary collector shall file with the city tax collector a form indicating the number of event vendor certificates issued by the intermediary collector, the names of the persons issued certificates, and such other information as may be required by the city tax collector. The intermediary collector shall remit to the city tax collector $20 for each event vendor certificate issued.
F. The event vendor certificate shall have a validity of not more than one year and shall have the same expiration date as a one-year business license issued by the City.
G. The intermediary collector shall collect from a vendor not more than $20 for the event vendor certificate. Any money so collected is considered held in trust by the intermediary collector for the city.
H. Possession of a valid event vendor certificate by a vendor substitutes, with respect to vending activities at the event, for any requirement that the vendor obtain a certificate pursuant to this chapter.
I. In addition to the $20 event vendor certificate amount, the intermediary collector shall remit to the city and may collect from the vendor any supplementary fee or tax generally required to be collected for the state by a city issuing a business license.” SECTION 2: Section 5.04.350 is hereby added to Article IV (“Enforcement”) of Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Nevada City Municipal Code as follows:
“5.04.350 Impermissible Taxes
Nothing contained in this chapter shall be deemed or construed to require the payment of any business license tax by any person transacting, engaging in or carrying on any business which is exempt from the payment of such taxes under the Constitution or statutes of the state of California of the United States.
Furthermore, nothing contained in this title shall be construed to require the payment of a business license tax in an amount that is impermissible under the Constitution or statutes of the state of California of the United States. In the event a tax would otherwise exceed such permissible amount, it is reduced to the highest legally permissible amount under the Constitution or statutes of the state of California of the United States.”
SECTION 3: Nothing in this Ordinance is intended to require any person to pay a tax that is higher than that currently required by existing law.
SECTION 4: This Ordinance relates to the method of collection of the City’s business license tax.
Nothing in this Ordinance shall be interpreted to authorize the conduct of any business that is otherwise prohibited by this code or by applicable law nor shall the issuance of a certificate pursuant to this Ordinance be deemed evidence that a business is operating in a legal manner.
SECTION 5: Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Nevada City declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 6: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 22nd day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 8th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________
Niel Locke, City Clerk Dean Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.
CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 07
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending
Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation
Management, Defensible Space, Burning and Fireworks
Regulations
From: Sean Grayson, City Manager
Date: March 3, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 22, 2023.
ISSUE STATEMENT AND DISCUSSION:
The City has long had a vegetation management ordinance as part of the Municipal Code that regulates vegetation management, burning and fireworks. The City’s Fire Safety Advisory Committee had previously made recommendations in relation to the update of the ordinance in 2022. The committee is tasked with advising the City Council in relation to the FIRE strategic initiative from the City’s 2022-2027 Strategic Plan. Among the goals under the initiative are goal #2, “Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities”. The City Council approved 2023 workplan for the Fire Safety Advisory Committee includes activity #1, “Review current Nevada City current ordinances to identify possible opportunities to integrate wildfire mitigation objectives,” which addresses, in part, goal #2 of the fire strategic initiative.
Staff prepared updates to the vegetation management ordinance which were reviewed by the committee on January 19, 2023. Based upon input of the committee a significant rewrite of the ordinance format was developed by staff and presented to the committee on February 16, 2023. Consensus input was provided and the committee also approved two motions, the motion specific to the ordinance adoptions was, The Fire Safety Advisory Committee recommends that the City Council: 1. Requests City staff to revise Section 8.10.230 of the Vegetation Management ordinance to incorporate the defensible space zone system employed by CalFire, Nevada County Office of Emergency Services, and Firewise communities. Several examples are in the appendices of our report (“Recommendations on Proposed Vegetation Ordinance and Related Issues,” Nevada City Fire Safety Advisory Committee, April 11, 2022.).
A complete rewrite/re-envisionment of the ordinance created to address the input of the committee and the community. The rewritten ordinance was presented to the committee on March 3, 2023. The committee recommended several changes within the ordinance. The committee approved a motion to, “advise the City Council to retain and enhance the ordinance by keeping the public safety exemption for burning that had been eliminated in drafts of the ordinance presented by staff”. This change was made within the ordinance by adding 8.10.080(5) which is the language of the existing ordinance that allows for the issuance of a special permit for health and public safety to authorize burning. Staff had removed this language in draft revisions to address the long standing prohibition of burning within the City and the actions of previous City Councils to deny consideration of the issuance of such permits. The committee also approved a motion to recommend the ordinance, with the noted revisions, for the City Council’s adoption.
The proposed ordinance amendment is a complete replacement of the existing city ordinance. The ordinance would be separate and apart from the analogous ordinance that the City of Grass Valley utilizes although Grass Valley may pursue a similar comprehensive change. The proposed ordinance is now aligned instead with the enforceable standards applicable to the unincorporated areas surrounding Nevada City within the unincorporated county areas. The proposed ordinance uses the language of the referenced state and county regulations and/or laws. Specifically, the parcel defensible space obligations found in the California Public Resources Code Section (PRC) 4291 as reproduced by reference in Section 4906 of the California Fire Code and the expanded defensible space obligations found in Title 2, Chapter IV, Chapter 7 of the Nevada County, California County Code which supplements PRC 4291. Using this approach, the existing inspection forms, educational materials, and outreach information available from CalFire and Nevada County could be used by Nevada City as Nevada City would have the same enforceable standards as the unincorporated county areas.
The city specific enforcement standards from other sections of the municipal code and the prohibition on fireworks are unchanged from the previous ordinance but are formatted to match the proposed ordinance content. The prohibition on outdoor burning other than exempted remains intact however the allowance for staff permitted open burning has been removed based upon previous direction and action of the City Council.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no direct financial impact related to action.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Fire: Wildfire and structural fire prevention, mitigation, and education. The action specifically addresses, in part, goal #2, “Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities”.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Ordinance 2023-03
ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTERS 8.10 (“VEGETATION MANAGEMENT, DEBRIS REMOVAL AND ABATEMENT”) OF TITLE 8 (“HEALTH AND SAFETY”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE, RELATING
TO FIRE CONTROL, DEFENSIBLE SPACE, BURNING, AND FIREWORKS
REGULATIONS
WHEREAS, the City of Nevada City has established regulations related to vegetation management, debris removal and abatement within the City of Nevada City Municipal Code; and WHEREAS, the State of California and County of Nevada have established regulations with regard to fire control and defensible space that apply to the unincorporated areas surrounding Nevada City; and
WHEREAS, the City of Nevada City desires to provide a consistent, understandable and actionable set of regulations with regard to fire control and defensible space that align with those of the State of California and County of Nevada; and
WHEREAS, in order to align the regulations of the City of Nevada City with those of the State of California and County of Nevada it is prudent to amend the pertinent Nevada City Municipal Code provisions so that they mirror those of the State of California and County of Nevada; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Section 15378 (b)(5) of the California Code of Regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 10 of Title 8 of the Nevada City Municipal Code is hereby redesignated “Chapter 8.10 - FIRE CONTROL, DEFENSIBLE SPACE, BURNING, AND FIREWORKS REGULATIONS” and amended to read as follows:
8.10.010 – Purpose and Findings
1. The City supports the improved parcel defensible space obligations found in California Public Resources Code Section (PRC) 4291. Similarly, the city supports the expanded parcel defensible space obligations found in Title 2, Chapter IV, Article 7 of the Nevada County, California County Code (NCCCC) which supplements PRC 4291, to ensure defensible space is maintained on parcels adjacent to improved parcels and along emergency access and evacuation routes and fire access easements so that landowners benefit from defensible space on adjacent parcels where appropriate.
2. To enhance public safety and to encourage efficient enforcement and administration of defensible space obligations, this Chapter adopts within the City enforceable standards that mirror the components of PRC 4291 and NCCCC Title 2, Chapter IV, Chapter 7. These standards are enacted as local amendments to the California Building Standards Code and California Fire Code as adopted by the City in Chapters 15.04 (“Building Standards”) and
15.08 (“Fire Safety Standards and California Fire Code Amendments”) of this code. This chapter extends and supplements state law, utilizing the same requirements as provided by PRC 4291, to ensure defensible space is maintained on improved parcels, on parcels adjacent to improved parcels, and along emergency access and evacuation routes and fire access easements so that landowners benefit from defensible space on adjacent parcels.
3. During the wildland fire season as defined by the California Department of Forestry and Fire Protection (CalFire), the city generally has a dry, arid climate conducive to wildfires. The City also has a very diverse and complex landscape, which includes dry, brush-covered and grass-covered wildlands, mountainous areas, dense heavily forested properties and other terrains which are home to vital watersheds and many sensitive plant and animal species.
Many of the City’s native and non-native plant species can be highly combustible during normal dry periods and have contributed to significant wildfires within the city. Difficult topography and terrain exacerbate the fire danger and the difficulty of fighting wildfires and have resulted in catastrophic fire losses to life, property and the environment.
4. Of paramount importance to the City is the protection of lives and structures from the threat of wildfire and the safety of firefighters and law enforcement during wildfires. The proper establishment of defensible space benefits property owners, public safety personnel and all citizens of the City. Defensible space dramatically increases the likelihood that structures will survive a wildfire, promotes firefighter safety during a firestorm, and generally aids in the protection of lives.
5. The purpose of this Chapter is to provide for the removal of hazardous vegetation and combustible material from around the exterior of improvements situated in the City in order to reduce the potential for fire and to promote the public health, safety and welfare. It is the further purpose of this Chapter to establish a hazardous vegetation reduction program that provides a process to identify and abate hazardous vegetation on parcels to preserve life and property, while at the same time protecting sensitive plant and animal species and protecting against significant erosion and sedimentation. The removal of hazardous vegetation in the areas subject to this Chapter is recognized as an essential action homeowners and property owners can take to increase the chances that homes, structures, and other property will survive a wildfire while also protecting the natural environment. Regular fuels management and modifications consistent with the requirements of this Chapter are necessary to achieve adequate defensible space. The defensible space required by this Chapter is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structures, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to structures on adjacent improved parcels.
6. The City has determined that open burning and fireworks present a significant hazard to the environment and to the safety of its citizens. It is in the City’s best interest to prohibit open burning and the sale, use and discharge or fireworks within the City. The purpose of this Chapter is to provide for the prohibition of fireworks and open burning within the city, other than as specified in this chapter, in order to reduce the risk of ignition of adjacent vegetation or structures.
7. The Fire Department, specifically the Fire Division Chief shall be principally responsible for the enforcement of this ordinance as the lead Public Official as defined herein.
8.10.020 – Application
This Chapter shall apply to:
1. All areas of the city.
2. All Parcels adjacent to Improved Parcels where: the owner/occupant of the Improved Parcel is unable to obtain the required Defensible Space, as delineated in adopted City Codes; and the current condition of fuels on the subject Parcel is assessed by the Public Official as a hazardous fire condition. The owner of the subject Parcel shall provide the fuel modifications to meet the Defensible Space requirements of the adjacent Improved Parcel subject to applicable law including the finding that the clearing, meaning fuel modification or abatement, is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the Structure.
3. All Parcels where:
A. The Parcel is adjacent to a roadway which is determined by the Public Official to be necessary for the safe ingress and egress to the area served by the roadway or fire access easement; and
B. The current condition of fuels on the adjacent Parcel is assessed by the Public Official as a hazardous fire condition.
C. The owner, occupant or other person in control of the Improved Parcel shall be responsible for fifty (50) percent of the abatement cost on the adjacent parcel if the owner of said adjacent Parcel consents in writing to the abatement.
If any part of this Chapter is in conflict with any other part of this Code, the more restrictive provision(s) shall control.
8.10.030 – Definitions
As used in this Chapter, the following definitions shall apply:
1. “Abate” or “Abatement” shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.
2. “Abatement Costs” shall mean any and all costs incurred by the City to enforce this Chapter and to abate the hazardous vegetation or combustible material on any property pursuant to this Chapter, including physical abatement costs, administration fees and any additional actual costs incurred for the abatement proceeding(s), including attorney’s fees, if applicable.
3. “Approved Warming Device” shall mean a portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens.
4. “Biomass” shall mean all green waste material generated during the fuels treatment project.
Biomass includes, without limitation, all grass, weeds, vegetation and tree trimmings.
5. “Citation” or “Administrative Citation” shall mean a civil citation issued pursuant to the Chapter stating there has been a violation of one or more provisions and setting the amount of the civil penalty to be paid by the responsible party as outline in Chapter 1.22 of this code.
6. “City” shall mean the City of Nevada City, a political subdivision of the State of California.
7. “Combustible Material” shall mean all rubbish, litter or material of any kind other than Hazardous Vegetation that is combustible and endangers the public safety by creating a fire hazard.
8. “Days” shall mean calendar days.
9. “Defensible Space” means that area described in Public Resources Code Section 4291 and as otherwise described in this Code, which is adjacent to each side of a building or Structure and must be cleared of brush, Hazardous Vegetation, or Combustible Material as set forth in this Code.
10. “Fire Hazard” shall mean any condition, arrangement, act or omission which:
A. Increases, or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or B. May obstruct, delay, hinder or interfere with the operations of a fire department or the egress of occupants in the event of fire.
11. "Fireworks" and "safe and sane fireworks" shall have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
12. “Fuel Modification Area” shall mean a strip of land in which the following fuel reduction activities are required to occur:
A. Cut and remove all weeds and grasses down to four (4) inches or lower; B. Prune and remove “Ladder Fuels” up to ten (10) feet or higher; C. Remove all dead or decaying trees and tree limbs; and D. Perform any other fire protection or maintenance activities within the Fuel Modification Area(s) consistent with the standards and requirements adopted by CalFire as authorized by PRC 4290 or as required by a Public Official.
13. “Hazardous vegetation” shall mean any vegetation that is combustible and endangers the public safety by creating a fire hazard. Hazardous vegetation includes material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any Structure or other vegetation. Hazardous vegetation includes, but is not limited to, dry grass and leaves, brush, weeds, green waste, dead or dying trees, low-hanging branches, litter or other flammable vegetation that create a fire hazard. Hazardous vegetation shall not include a commercial agricultural crop that is being actively grown and managed by the property owner or his or her legal tenant.
14. “Improved Parcel” shall mean a portion of real property on which a Structure is located, the area of which is determined by the Assessor’s maps and records and which may be identified by an Assessor’s Parcel Number.
15. “Ladder Fuels” shall mean fuels that can carry a fire vertically between or within Combustible Material or Hazardous Vegetation.
16. “Parcel” shall mean a portion of real property of any size, the area of which is determined by the Assessor’s maps and records, and which may be identified by an Assessor’s Parcel Number (APN).
17. “PRC 4291” shall mean California Public Resources Code Section 4291, and any amendments thereto.
18. “Public Official” shall include the City of Nevada City Division Chief, the Fire Chief of any agency contracted for fire protection within the city, city police officers, city code enforcement officers, fire protection company officers, and trained prevention staff as may be designated by the Fire Chief or the City Manager to enforce the provisions of this Chapter.
19. “Responsible Party” shall mean an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other person or entity whatsoever whose act or omission caused or contributed to a violation of this Chapter.
20. “Structure” shall mean any dwelling, house, building, or other type of combustible construction, whether or not occupied, including but not limited to a wood fence located within the Defensible Space of any other Structure.
21. “Unimproved Parcel” shall mean a portion of land of any size, the area of which is determined by the Assessor’s maps and records and which may be identified by an Assessor’s Parcel Number (APN) upon which no Structure is located.
22. “Very High Fire Hazard Severity Zones (VHFHSZ)” shall mean means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area.
8.10.040 – Vegetation Management Standards: General
This section is aligned with the PRC 4291 and applies the CalFire standards to the city. The language reflects the contents of Section 4906 of the California Fire Code.
1. Maintenance. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:
A. Maintain an effective fuel modification zone by removing, clearing, or modifying away combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. (See exception 3 for fire-resistive construction and other features for approval and/or a reduction of the fuel modification zone.) The fuel modification zone may be replanted with either approved irrigated, fire-resistant planting material or approved non-irrigated, drought-tolerant, fire-resistant plant material.
Replanting of the fuel modification zone may be required for erosion control.
B. Remove portions of trees, which extend within ten (10) feet of the outlet of a chimney, stove pipe, or heater outlet.
C. Maintain trees adjacent to or overhanging a Structure free of deadwood.
D. Maintain the roof of a Structure free of leaves, needles or other dead vegetative growth.
E. Exceptions:
i. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
ii. Grass and other vegetation located more than thirty (30) feet from buildings or structures and less than eighteen (18) inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. iii. With the approval of the Public Official, the width of the fuel modification zone may be reduced where fire-resistive structures or other features are constructed.
However, in no case shall the fuel modification zone be reduced to less than 30 feet. See California building code Chapter 7A and international wildland-urban interface code for the minimum requirements of a fire-resistive structure.
If the owner fails to correct such conditions, the failure shall constitute a public nuisance and the Public Official is authorized to cause the same to be abated and make the expense of such abatement a lien upon the property where such condition exists.
8.10.050 – Defensible Space Management
This section is aligned with PRC 4291 and applies the CalFire standards to the city.
Defensible space zones. All existing habitable buildings and structures within the Very High Fire Hazard Severity Zone (VHFHSZ) shall maintain Defensible Space in accordance with this section. The Public Official may require additional fuel modification measures to be taken by the property owner when extreme hazardous vegetation conditions are present.
1. Zone Zero (0 - 5 feet from a Structure) - Ember Resistant. Within Zone Zero, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plant continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including on portions of live vegetation, and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of four (4) inches. iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Vines are to be limited on the Structure.
vi. Vegetation under windows shall be kept to below eighteen (18) inches. vii. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. The Public Official may require an evaluation by a licensed arborist with recommendations on removal of dying or diseased trees.
C. Balconies, Overhangs, and Porches. The underside of balconies, overhangs, and porches shall be kept clear of Combustible Material.
D. Organic Wood Chips and Mulch. Organic mulch and wood chip application is prohibited.
Non-combustible materials such as concrete, gravel, decomposed granite, or other approved materials shall be used within this zone.
E. Firewood. Firewood shall not be stored within this zone.
F. Chimneys. All chimneys shall have a spark arrestor. All branches shall be a minimum of ten (10) feet from chimneys, stovepipe outlets, and heater outlets.
G. Propane Tanks or any Fixed Fuel Tank. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane or fixed fuel tanks.
H. Roofs and Gutters. Maintain the roof and gutters to be free of leaves, needles, or other vegetation.
I. Firefighter Access. Remove hazardous items that would hinder firefighter access to all sides of the structure.
2. Zone One (5 - 30 feet from a Structure) - Lean, Clean, and Green Zone. Within Zone One, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plant continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including on portions of live vegetation, and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of four (4) inches. iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the Public Official.
C. Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept to a depth no greater than three (3) inches.
D. Propane Tanks or any Fixed Fuel Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks and fixed fuel tanks.
E. Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.
3. Zone Two (30 - 100 feet from Structure) - Fuel Reduction Zone. Within Zone Two, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than sixty (60) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of eighteen (18) inches.
iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the Public Official.
iv. All exposed wood piles shall have a minimum of ten (10) feet of clearance down to bare mineral soil in all directions.
C. Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
D. Propane Tanks or any Fixed Fuel Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane and fixed fuel tanks.
E. Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.
8.10.060 – Defensible Space Maintenance on Parcels Adjacent to Improved Parcels and Along Emergency Access, Evacuation Routes, and Fire Access Ways This section is aligned with the Nevada County Defensible Space Ordinance and applies similar standards to the city.
These standards apply when the Defensible Space surrounding a Structure on an Improved Parcel extends into an adjacent Parcel, and when Defensible Space needs to be maintained along emergency and fire access ways and evacuation routes.
1. Hazardous Vegetation and Combustible Materials within one hundred (100) feet of a Structure (or greater as determined by the Public Official) or along roadways that serve as primary ingress and egress routes, are hereby declared to be a public nuisance that may be abated in accordance with this Chapter, and by any other means available by law.
2. It shall be the duty of every owner, occupant, and person in control of any Parcel which is located in the city, or having any interest therein, to abate therefrom, and from all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the city or County maintained system), all Combustible Material and Hazardous Vegetation which constitute a fire hazard and public nuisance which may endanger or damage neighboring property or forestland.
3. The requirements of this Section shall be satisfied if the Parcel and all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the city or County maintained system) are cleared in accordance with a Notice to Abate by cutting brush, trimming trees, thinning trees, disking, mowing, plowing or any other method described in a Notice to Abate, or, if no Notice to Abate is issued, by removing all Hazardous Vegetation and Combustible Materials as follows:
A. Maintain a Defensible Space of one hundred (100) feet from each side and from the front and rear of a Structure, but not beyond the property line except as provided by law.
The amount of fuel modification necessary may be based upon the flammability of the Structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the Structure. The intensity of fuels management may vary within the one hundred (100) foot perimeter of a Structure, the most intense being with the first thirty (30) feet around a Structure. Consistent with fuels management objectives, steps should be taken to minimize erosion; B. Maintain a one hundred (100) foot wide area of land around Structure(s) located on an adjacent Improved Parcel (some or all of this Defensible Space requirement may be required on an adjacent Parcel depending upon the location of the Structure on the Improved Parcel);
C. Maintain free of Ladder Fuels a minimum of a ten (10) foot wide strip of land beyond the shoulder of a roadway serving as primary ingress and egress to the parcel, to a height of fifteen (15) feet along the boundary of a Parcel; D. Climbing vines must be removed from trees and Structures within the one hundred (100) foot defensible space zone around Structure(s);
E. Maintain the Parcel free of ladder fuels within the one hundred (100) foot Defensible Space area around Structure(s).
4. The Public Official may mandate additional fuels management of an area more or less than the above-referenced widths or height on a Parcel and all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the City or County maintained system), for the protection of public health, safety or welfare or the environment if the Public Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to a Structure on an Improved Parcel. The Public Official shall determine appropriate defensible space distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structure(s) on the adjacent Improved Parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the adjacent parcel or the Structure(s) is located.
5. When an occupied building is less than one hundred feet from a property line and Combustible Material or Hazardous Vegetation on an adjacent parcel presents a fire hazard for the occupied building, the owner of the parcel where the fire hazard exists shall be responsible for clearing the area on that owner’s land which is within one hundred feet of the occupied Structure and is needed to provide the necessary fire protection in the manner and to the extent required by the Public Official.
6. Where the terrain, condition or environment on the adjacent Parcel is such that it cannot or should not be disked or mowed, the Public Official may require, or authorize, other means of hazardous vegetation or combustible material removal.
7. No Parcel owner may allow any portion of vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. When the Public Official determines the vegetation would otherwise interfere with street or emergency vehicle access, the Public Official may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance.
A. If the Parcel Owner fails to maintain these clearance requirements, the Public Official may abate this nuisance without further notice and at the Parcel Owner’s expense.
B. This subsection shall not apply to cultivated groundcover such as green grass, ivy, succulents, or similar plants used as groundcovers, provided they do not constitute a fire hazard.
C. A Public Official may summarily abate weeds or hazardous growth on private property that in any way hinders emergency access and may charge the Parcel Owner for the costs of the abatement pursuant to an ordinance adopted under Government Code 39561 et seq.
8.10.070 – Open Burning
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Nevada City.
This prohibition is not intended to prohibit fires in Approved Warming Devices, as defined in this Chapter.
8.10.080 – Authorized Burning
1. Cooking Fires. Cooking fires are defined as the burning of materials where fuel being burned is contained in manufactured outdoor fireplaces or grills used for food preparation and in accordance with this section. A permit is not required for outdoor cooking fires.
Outdoor cooking fires shall be conducted within safe distances from buildings, Structures, Combustible Materials, and located on property that the individual using such device has legal authority to occupy. Fuel shall be limited to propane, natural gas, kerosene, or campstove fuel. Burning of solid fuels may be permitted in improved designated areas, including, but not limited to, city-provided fire pits or barbeques in parks and other public areas.
2. Religious and Ceremonial Fires. Religious and ceremonial fires are defined as the burning of materials for religious, ceremonial, or similar purposes and in accordance with this section. Prior to the commencement of a religious or ceremonial fire, the Fire Department shall be notified, and a permit obtained. The size and location of these fires may be modified within the approval of the Public Official. The time period of the religious or ceremonial fire shall be approved by the Public Official and shall be included on the permit. This is not intended to include “Cultural Burns”, Broadcast Burns, or similar burning for vegetation abatement or management.
3. Training Fires. Training fires are defined as fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of firefighting. Prior to commencement of open burning, the Fire Department shall be notified, and a permit obtained. EPA notification shall be accomplished as per their requirements. The time period of the training fire shall be approved by the Public Official and shall be included on the permit.
4. Special Permit - Performance. The Public Official may issue special permits to authorize burning for performance purposes. The Fire Department shall be notified, and a permit obtained. The size, type, and location of these fires may be modified within the approval of the Public Official. The time period of the event shall be approved by the Public Official and shall be included on the permit.
5. Special Permit – Health and Public Safety. The Fire Division Chief of the fire department of the City of Nevada City may issue special permits to authorize burning for the health and safety of the public. The requirements related to such a special permit shall be determined at the time of the issuance of the permit.
8.10.090 – Fire Protection Requirements
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:
1. During use/operation an area within ten feet of the device shall be free and clear of flammable vegetation, combustible materials and/or refuse piles, as defined in this Chapter.
2. A responsible person, eighteen years of age or older, shall be in attendance with a shovel until fire is dead out.
3. A water hose connected to an operational water supply shall present at use/operation site.
4. The operation site shall be within two hundred fifty feet of an operational fire hydrant.
5. The operation site shall be within one hundred fifty feet of a California Fire Code compliant fire access road.
8.10.100 – Exception—Special Permit Ceremonial Operations If an operational water supply is not present, the Public Official may determine an appropriate alternative method of fire protection for special permit ceremonial operations only.
8.10.110 – Fireworks Prohibitions
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City of Nevada City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this chapter.
8.10.120 – Fireworks Exceptions
1. Nothing in this Chapter shall be construed as prohibiting the sale, use, or discharge of any of the following; torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes of illumination; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.
2. Public displays of fireworks may be conducted by permit granted pursuant to 19 CCR 982.
8.10.130 – Enforcement Primary Authority
The Public Official is empowered to use any of the provisions of this Code to correct violations of this chapter.
8.10.140 – Authority to Inspect
Whenever the Public Official has cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this chapter, the Public Official may, with the permission of the property owner or occupant, enter such premises at all reasonable times to inspect the premises related to defensible space/hazardous fuel management compliance. In the event the property owner or occupant refuses to allow entry of the Public Official after a request has been made, Nevada City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure section 1822.50-1822.60.
8.10.150 – Authority to Inspect Property and Request Records Whenever the Public Official has reasonable cause to believe that there exists on any premises any condition which constitutes a violation of this chapter, the Public Official is empowered to request owner or occupant provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine defensible space/hazardous fuel management compliance.
8.10.160 – Enforcement and Administration
Any person violating a provision of this chapter shall be subject to administrative, civil, or criminal liability as provided in this Code. When relying on Chapter 8.04 of this Code, Nevada City shall adhere to all procedures set forth therein, including, but not limited to the procedures for notice, service requirements, hearings, appeals, and issuance of citations and fines.
8.10.170 – Public Nuisance Abatement
Violation of any provision of this chapter is declared to be a public nuisance. Nevada City may, in addition to other authorized procedures set forth in this chapter, take action to abate such public nuisance in accordance with the procedures in Chapter 8.04 of the Nevada City Municipal Code when any person violates this chapter:
8.10.180 – Civil Actions
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by Nevada City. In any such action, the City may seek, as appropriate and allowed by law, one or more of the following remedies:
1. A temporary restraining order, preliminary and permanent injunction;
2. Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;
3. Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;
4. Compensatory damages for loss or destruction of public property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing defensible space/hazardous fuel management or enforcing the provisions of this chapter.
8.10.190 – Criminal Actions
Any person violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code section 36900. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
8.10.200 – Non-Exclusive Remedies
Every remedy available for the enforcement of this chapter shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this chapter shall not limit the right of the City to seek any other remedy that may be available at law or in equity.
8.10.210 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Chapter to enforce, interpret, and carry out the provisions of this Chapter. Such rules, regulations and procedures may vary between different areas within the City.
8.10.220 – No Duty to Enforce
Nothing in this Chapter shall be construed as imposing on a Public Official or the City any duty to issue a Notice to Abate, nor to abate any Hazardous Vegetation or Combustible Material within a Parcel’s Defensible Space, nor to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material, burning, or fireworks. Neither the Public Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful Hazardous Vegetation or Combustible Material, nor for failure to abate any unlawful Hazardous Vegetation or Combustible Material, nor for failure to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material, burning, or fireworks.
SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.
SECTION 4. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendicies thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 8th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 22nd day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Niel Locke, City Clerk Dean Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.
CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 08
Subject: Consideration of the 2023 Annual Military
Equipment Use Report and Annual Review of the City of
Nevada City Military Equipment Policy as Adopted in
Ordinance No. 2022-05 and Nevada City Police Department Policy 705 as Required Under California Assembly Bill 481.
From: Dan Foss – Chief of Police
Date: March 1, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a presentation then review the report and approve the continued use of the equipment without change.
ISSUE STATEMENT AND DISCUSSION:
California Assembly Bill 481 (AB 481) went into effect on January 1, 2022, and required cities to adopt a policy by way of an ordinance establishing a military equipment use before using, purchasing, raising funds for, or acquiring military equipment. On April 7, 2022, the City Council approved a resolution adopting Nevada City Police Department Policy 705 Military Equipment per AB 481. As required, a public hearing was conducted on April 13, 2022, and the policy was implemented by adoption of Ordinance 2022-05.
The Nevada City Police Department currently has one item designated as military equipment. Specifically, the Nevada City Police Department purchases and is trained in using “bean bag shotgun rounds.” These are designated as kinetic ammunition and fall under AB 481 as military equipment. Bean bag rounds are a less lethal option to be used if needed and applicable to the situation. The Nevada City Police Department did not use any kinetic rounds since the implementation of this policy in 2022 and has not purchased any new rounds.
AB 481 requires the governing body review the approved ordinance/policy annually and either approve or disapprove for an additional year. The Policy is currently posted on the front page of the Nevada City Police Department webpage.
This meeting meets the required under AB481 for a community engagement meeting related to the annual report. Staff will provide a presentation and respond to questions regarding the funding, acquisition, or use of military equipment. Additionally, the Police Chief will schedule an additional public meeting with the City Council Policing Committee that will include this topic by April 7, 2023.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiatives of Engagement: community engagement and communications with stakeholders; as well as Technology: using, upgrading, and leveraging the strengths of technology to enhance the work of the city.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Annual Military Equipment Report
Policy 705 Military Equipment
Ordinance 2022-05
Annual Military Equipment Report
Item Purchased Used
12 Gauge Shotgun Bean Bag Rounds 0 0
The Nevada City Police Department has not purchased or used any bean bag rounds since the inception of AB 481. This is the only item related to AB 481 and designated as Military Equipment utilized by Nevada City PD. The Nevada City Police Department received no complaints or concerns about items designated as Military Equipment. The Nevada City Police Department currently has approximately 50 bean bag rounds in stock.
Policy
705
Nevada City Police Department
Policy Manual
Copyright Lexipol, LLC 2022/09/19, All Rights Reserved.
Published with permission by Nevada City Police Department Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Nevada City Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/19, All Rights Reserved.
Published with permission by Nevada City Police Department Military Equipment - 2
705.2 POLICY
It is the policy of the Nevada City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Nevada City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
12 gauge less-lethal beanbag munition for use in standard patrol shotguns 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Nevada City Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/19, All Rights Reserved.
Published with permission by Nevada City Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. Military equipment used by other jurisdictions that are providing mutual aid to this department shall comply with their respective military equipment use policies in rendering mutual aid. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 8, 2023 Agenda Item No. 09
Subject: Consideration of the 2022 Housing Element Annual Progress Report
From: Amy Wolfson, City Planner
Date: March 3, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file and authorize transmittal of the report to the Department of Housing and Community Development
ISSUE STATEMENT AND DISCUSSION:
The Annual Progress Report (APR) helps to facilitate the implementation of the Housing Element and in tracking and monitoring the City's progress in addressing the regional housing needs allocation, including the number of housing units permitted by income level, the status of programs in the Housing Element, and efforts to remove governmental constraints. Attached is the APR for 2022, corresponding to the 3rd year of the City’s 6th Housing Element Cycle.
Housing counts are reported in relation to meeting the City's Regional Housing Needs Assessment (RHNA).
State legislation and the RHNA process are intended to address projected state and regional population growth, to create a better balance of jobs and housing in communities, and to ensure the availability of affordable housing for households at all income levels. HCD allocates the number of housing units each jurisdiction must plan for in a given RHNA planning cycle. The State then requires each jurisdiction to update its housing element, and, if necessary, update its zoning code and any other local laws, programs and requirements, to ensure the additional housing can be built.
ANNUAL PROGRESS REPORT 2021: For the current 6th cycle, the Housing and Community Development (HCD) agency has assigned 135 total housing units to the City of Nevada City, to be completed by the end of the cycle in 2027. In 2022, the City issued Certificates of Occupancy for 56 dwelling units (including Cashin’s Field), and issued permits to 6 dwelling units affordable housing project.
Total remaining RHNA allocations include 2 low-income units (though 9 of the city’s excess very lowincome should count toward this , 22 moderate-income units, and 42 above-moderate units for a total of 66 units. Note that in 2021 the city issued permits for 9 units that were in excess of the low-income target. The State has indicated that these can still be used to credit RHNA targets, so for purposes of this calculation I indicate that only two remaining units are needed to fulfill the low-income target, though the spreadsheet indicates 11 remain in this category.
2023 Housing Element Tasks:
The City is required to update the Municipal Code pursuant to program goals outlined in the Housing Element. Staff took the following Municipal Code updates as required by the adopted Housing Element, to the planning commission at their December 2022 meeting. The planning commission continued the item to receive further information. Staff expects to have that before them again early in the year:
• Omit discretionary review of a tree removal permit in the R3 Zone when a development meets the 16 units per acre density standards.
• Modify Section 16.04.054 to avoid the production of moderate-and above moderate-income housing on R3 Zoned properties.
• Amend Chapters applicable chapters to allow transitional and supportive housing to be allowed in all zones allowing residential uses, subject to the same processes and standards applicable to the same type of housing in the same zone, pursuant to SB 2.
• Amend residential district standards (including Historic District) to allow manufactured homes in all zones allowing single family residences.
• Amend to address employee and farmworker housing provisions of California Health and Safety Code Sections 17021.5 and 17021.6.
Staff is also planning to accomplish the following tasks in the coming months, as required by the adopted Housing Element:
• Create regulations for reasonable accommodation per Federal Fair Housing Amendments Act of 1988 & CA Fair Employment & Housing Act, Gov. Code Section 12901 et. seq, • Surplus Land Review: Program 21 of the Housing Element requires that the City identify publicly owned surplus land to determine its suitability for low-and very low-income households and to develop procedures for land swaps if sites more suitable for affordable housing are identified.
Surplus public lands that are found to be feasible for lower-income housing shall be considered for redesignation to an appropriate residential zoning designation. As part of the State’s Housing Crisis package, AB 1486 (Ch. 664) and AB 1255 (Ch. 661) amended Government Code §§ 54220 through § 54233 to further implement Housing Element Program 21 to, among other things, 1) Create expanded procedures for identifying and disposing of surplus property to make more land available for housing; 2) Expand the definition of “surplus land”; 3) Create a central inventory of all surplus land; and 4) Create a method for determining emergency housing needs.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Failure to meet RHNA targets subjects the City to SB35 projects, whereby developers proposing affordable housing projects may take advantage of ministerial project processing.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders. This report is also consistent with the Housing Strategic Initiative: Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
2022 Housing Element Annual Progress Report
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 1 0 0 10 11 7 0 005-071-007 621 East Broad 203746 ADU R 11/16/2020 1 1 No No 005-580-005 235 Pello Lane 203204 SFD R 10/5/2020 1 1 No No 005-580-001 255 Pello Lane 203201 SFD R 10/5/2020 1 1 No No 005-350-027 528 Main Street 201719 ADU R 6/22/2020 1 1 No No 005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) 5+ O 11/6/2020 72 72 No No
005-290-26 170 Ridge Road Cashins Field 5+ R 5/18/2020 40 15 1 56 Yes-Approved Yes 036-301-068 215 Bourbon
Hill
224510 SFA O
12/13/2022
1 1 No No
005-120-065 300 Austin
Street 224499 ADU R 12/12/2022 1 1 1 No No
005-180-043 412
Sacramento 224220 ADU R 11/15/2022 1 1 No No
005-080-031 320 American
Hill
224130 ADU R 11/7/2022 1 1 No No
005-074-008 549 North Pine
Street
223934 ADU R
10/19/2022
1 1 No No
005-180-050 422 223209 ADU R 8/28/2022 1 1 1 No No
005-120-057 414 Broad St 221881 SFD O 5/19/2022 1 1 1 No No 005-250-003 118 Walwrath
Ave.
221839 ADU R 5/16/2022 1 1 1 No No
005-040-054 624 Nivens Ave. 221264 ADU R 4/7/2022 1 1 1 No No 005-580-007 225 Pello Ln 220491 SFD O 2/7/2022 1 1 1 No No 005-580-009 215 Pello Ln 220493 SFD O 2/7/2022 1 1 1 No No 0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 08/15/2019 08/15/2027
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/De
stroyed Units
Demolished or
Destroyed Units
Demolished/D
estroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or
Parking
Modifications)
Did the project receive
a reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 1 0 8 9 0 0 0 0 1 0 5 6 32 0 18 0 1 0 5 56 6 1 1 0 005-470-004 344 Long Street 213515 ADU R 1 7/22/2021 1 1 11/23/2021 1 1 9/12/2022 1 0 N Y 0 036-301-067 229 Bourbon Hill
Rd 211272 SFD O 1 2/18/2021 1 1 9/27/2021 1 1 2/4/2022 1 0 N Y 0 005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) 5+ O 72 5/20/2021
72 0 0 N N 0
005-270-050 110 Mine Rock
Road 192010 2 to 4 R 1 8/7/2019 1 1 12/10/2019 1 0 0 N Y 0 005-350-027 528 Main Street 201719 ADU R 1 6/22/2020 1 1 9/17/2020 1 1 10/27/2022 1 0 N Y 0 005-290-26 170 Ridge Road 210736 5+ R 40 15 1 6/24/2020 56 32 18 1 6/1/2021 51 32 18 1 12/16/2022 51 6 Y Y LHTF, LIHTC, PBS8 DB 55 0 80.0% 2 Development
Standards
Modification
Yes
the additional 6
extremely low units
are included in the
tota low-income
count for RHNA
calculation
005-580-003 245 Pello Lane 203202 SFD O 1 5/11/2006 1 1 5/6/2021 1 1 4/20/2022 1 0 N Y 0 036-301-068 215 Bourbon Hill 224510 SFA O 1 11/30/2022 1 0 0 n Y 005-120-065 300 Austin
Street 224499 ADU R 1 12/14/2022 1 1 2/3/2023 1 0 0 N Y 005-180-043 412
Sacramento 224220 ADU R 1 11/17/2022 1 0 0 0 N Y
005-080-031 320 American
Hill
224130 ADU R 1 11/10/2022 1 0 0 0 N Y
005-074-008 549 North Pine
Street
223934 ADU R 1 10/20/2022 1 0 0 0 N Y
005-180-050 422
Sacramento St
223209 ADU R 1 8/26/2022 1 1 9/9/2022 1 0 0 N Y
005-120-057 414 Broad St 221881 SFD O 1 5/23/2022 1 1 9/19/2022 1 0 0 N Y 1 Destroyed O 005-250-003 118 Walwrath
Ave
221839 ADU R 1 5/19/2022 1 1 6/27/2022 1 0 0 N Y
005-040-054 624 Nivens Ave. 221264 ADU R
1 2/16/2022
1 1 4/27/2022 1 1 7/12/2022 1 0 N Y Other 30 0
Local ADU
incentive: deed
restriction in
exchange for free
hookups and waived
fees
005-580-007 225 Pello Ln 220491 SFD O 1 5/11/2006 1 1 3/23/2022 1 0 0 N Y 005-580-009 215 Pello Ln 220493 SFD O 1 5/11/2006 1 1 3/23/2022 1 0 0 N Y 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
01/01/2019-
08/14/2019
2019 2020 2021 2022 2023 2024 2025 2026 2027 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - 38 - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - 12 - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted 2 - - - 1 - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 60 - 1 6 6 5 - - - - - 18 42
135
2 1 6 56 6 - - - - - 71 73
5 6 7
Extremely low-Income
Need 2019 2020 2021 2022 2023 2024 2025 2026 2027 Total Units to Date Total Units
Remaining
15 - - 6 - - - - - - 6 9
11 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
20 38
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
3 Moderate
29 23
23 Please contact HCD if your data is different than the material supplied here 12 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
005-270-038 646 Searls Avenue 1/12/2011 1 No Net Loss 1 UHD R3-PD-AN 16 16 15 Non-Vacant Developed with SFD, entitled for 15 additional
units
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 08/15/2019 - 08/15/2027
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Nevada City Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
004-060-022 16013 AIRPORT ROAD Vacant Excess 40.99 Old Airport 005-270-026 775 ZION STREET Commercial Excess 1.9 Leased Commercial 004-060-001 15674 PICTON WAY Vacant Excess 20.31 Old Airport 004-670-002 16749 INDIAN FLAT ROAD Vacant Excess 3.29 Indian Flat Open Space Parcel 005-130-011 UNKNOWN ADDRESS Vacant Excess 0.69 on Old Downieville Hwy 005-010-029 115 CEMENT HILL ROAD Vacant Excess 0.31 Hirschman's Pond 005-410-048 UNKNOWN ADDRESS Vacant Excess 0.03 near Stonehouse (access?) 005-410-008 UNKNOWN ADDRESS Vacant Excess 0.13 steep Sacramento St lot 005-410-059 249 SOUTH PINE STREET Vacant Excess 0.44 Gold Run/Deer Creek Confluence 004-060-060 15574 AIRPORT ROAD Vacant Excess 0.19 Old Airport 004-060-003 15384 AIRPORT ROAD Vacant Excess 0.34 Old Airport 004-060-059 15786 AIRPORT ROAD Vacant Excess 26.52 Old Airport 005-100-047 N/A Vacant Excess 0.27 Near Tribute Trail/ No Access 004-670-005 10360 INDIAN TRAIL Vacant Excess 2.05 Indian Trail Open Space Parcel 005-060-002 UNKNOWN ADDRESS Vacant Excess 0.05 along West Broad 005-110-022 UNKNOWN ADDRESS Vacant Excess 0.08 on Giles St 004-670-006 16715 INDIAN FLAT ROAD Vacant Excess 0.3 on Indian Flat Rd 005-430-063 UNKNOWN ADDRESS Vacant Excess 1.17 Clark Street Lot 005-410-028 UNKNOWN ADDRESS Vacant Excess 0.15 steep Sacramento St lot 005-430-018 UNKNOWN ADDRESS Vacant Excess 0.1 Sacramento/Adams St 005-410-012 UNKNOWN ADDRESS Vacant Excess 0.06 steep Sacramento St lot 005-470-033 390 RAILROAD AVENUE Vacant Excess 0.13 390 Railroad Avenue 004-060-002 16195 AIRPORT ROAD Vacant Excess 20.39 Old Airport NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Nevada County jurisdictions, please format the APN's as follows:999-999-999-999 Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
005-094-012 101 Bennett Street Rice SB9 Split NCPM2022-03 Application for Parcel Map for Lot Split
10/13/2022
005-170-004 512 Jordan Street Trent SB9 Split NCPM2022-04 Application for Parcel Map for Lot Split
10/28/2022
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Jurisdiction Nevada City
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1) To the extent the City
has financial resources,
pursue available funding
sources for affordable
housing, including
applications for HOME and
CDBG funds for the
construction or
rehabilitation of lower
income housing, including
extremely low-income
owner/renter occupied
housing and down
payment assistance for
low-and below-income
households. The City
should look to
collaborating with Nevada
County or others to assist
in this program.
Encourage the development and
rehabilitation of affordable housing.
Quantified Objective:
5 units rehabilitated
5 first time home buyer loans.
Seek assistance with other
agencies, such as Nevada
County, to apply for grants
in 2020.
Coordinate with others to
develop construction or
rehabilitation program and
begin program in 2021, if
found feasible.
The City did not have sufficient resources to apply for HOME and CDBG funds during the 5th housing cycle. The City will be seeking assistance from other agencies to obtain grant funding and administer these programs in the 6th Housing Cycle. The City regulalry works with the County Health and Human Services Agency to determine poternital funding mechanisms to support affordable housing projects. The City entered into an MOU with the City of Grass Valley and Nevada Coutnty in order to partner on the allocation of PHLA funds and allocated a first round of funding to the Cahins Field affordable housing project within City limits. Due to lack of City resources, significant staff turnover, and the complexities in applying for CDBG funds, the City has not applied for this funding in the last year. The City did partner with the County to work with homeless encampments at a nearby City Open Space park known as Sugarloaf Mountain. A 90-day post program review showed that of 17 individuals identified, 3 took advantage of temporary housing, 5 took advantage of permanent housing opportunities, and 2 took advantage of "bridge housing" opportunities.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Policy 2 indadvertently
skipped in Housing
Element program table.
Policy 2 indadvertently skipped in
Housing Element program table.
Policy 2 indadvertently
skipped in Housing
Element program table.
Policy 2 indadvertently skipped in Housing Element program table. (3) Support the efforts of
the Nevada County Social
Services Department to
obtain additional Section 8
rental assistance Housing
Vouchers.
Refer interested households to the
Nevada County Regional Housing
Authority.
Continuous and ongoing;
2019-2027.
The City will continue to support the County to expand Section 8 rental assistance Housing Vouchers for potential residents within Nevada City. The City staff recently engaged in talks with the Nevada County Health and Human Services Director (August 2021) regarding potential Homekey projects within city limits 4) Amend Municipal Code
to reduce constraints to
production of lower
income housing in
compliance with State
Housing Codes:
a)Incorporate reduced
parking standards for
lower income projects per
AB44. b) Omit
discretionary tree removal
in R3 when meets 16
du/acre. c) Omit Sec.
16.04.054 or modify to
avoid producing moderateand above -income
housing on R3. d) Amend
ADU Ord to comply with
GCSec. 65852, including
reduced Development
Impact Fees. e) Allow
supportive housing by
right where multifamily &
mixed uses are permitted,
including nonresidential
zones permitting
multifamily, per AB2162.
Amend Code to allow
transitional & supportive
housing to be allowed in
all zones allowing
Reduce constraints to the production of
lower income housing. Production of 8
new accessory units that is affordable to
low-income households. Development
of 4 lower income and 6 moderateincome housing units from the Cottage Dwelling Development Ordinance by
2027. Creation of 2 transitional housing
units and one supportive housing unit
by
Complete amendments to
the Municipal Code by
2020.
Ordinance 2020-001, implementing ADU standards, provides for reduced or omission of parking standards for ADUs. Ordinance 2021-10, implementing SB 9 standards provides for reduced or omiitted parking standards for qualifying residential units. The 51-unit affordabl Cashins Field project took advantage of reduced parking standards.
5) 30% of all homes
located in new
subdivisions shall be 1,500
s.f. or smaller. These
homes shall be affordable
to moderate- and below
income households. This
shall be accomplished
through deed restrictions
or through an affordable
housing plan that includes
moderate- and below
income housing
opportunities
accomplished through a
variety of mechanisms
including, but not limited
to, size restrictions, rental
units, second units, etc.
The plan shall be
approved by the Planning
Commission and/or City
Council.
This is an ongoing carry over policy
from previous two housing elements,
intended to maintain and monitor this
policy. Although this program was
previously implemented through
previous amendments to the City’s
Subdivision Regulations, a community
advocate in the City has requested that
this policy be retained in the Housing
Element as a program.
Ongoing through
maintaining this policy in
the General Plan and
Subdivision regulations.
The Zoning Code Amended in 2009 consistent with this program. All subdivision proposals in the City since have met this requirement. The City currently has 34 entitle housing meeting this standard. None have been constructed and none are deed restricted but all are approved under an approved affordable housing plan.
The City has issued building permits for the 51 affordable housing units associated with Cashins Field.
6) The City will continue to
work closely with the
business and development
communities toward
achieving the City’s
affordable housing goal.
The City has identified the
following outreach
programs in this
partnership to provide
affordable housing:
a) Review potential
funding opportunities
available through existing
state, federal and local
programs for its affordable
housing program.
b)Work with private
developers and property
owners to cooperate in
financing water and sewer
facilities expansion as a
means of facilitating
development. c) Work
with non-profit (such as
FREED) and for-profit
housing development
corporations specializing
in housing for various
special needs groups to
accommodate housing
Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units).
a)Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units).
b)Reach out to at least three local
developers annually upon completion of
the Annual Housing Progress Report to
include letters from the City Planner.
c) Reach out to at least three non-profit
housing developers annually upon
completion of the Annual Housing
Progress Report to include letters from
the City Planner.
a. Currently implemented
and ongoing; starting
annually with production
of the Annual Housing
Progress Report in April,
2020.
b) Prepare send letters at
least once a year starting
April, 2020.
c)Coordinate project
review with FREED on an
ongoing basis and prepare
and send letters to FREED
and nonprofit developers
at least once a year
starting April 2020.
In partnership with the City of Grass Valley and the County, the City has allocated PHLA funds toward the Cashins Field affordable housing project. The City also greed to deferring devlopment fees for 55 years. The City includes FREED on all housing devleopment proposals as part of the initial project distribution. 7) The City shall continue
to monitor and review
housing related policies,
programs and regulations
to minimize constraints to
housing production and
maintenance. This will
include assuring the
Grove project complies
with developing 32 lower
income housing units or
rezone the vacant property
to R3 to maintain 6th Cycle
RHNA requirements for
lower income housing.
This monitoring shall also
include reviewing the R2
Zone regulations to ensure
that they don’t impede
maximum allowed
residential densities.
Production of 16 lower income housing
units and maintaining adequate vacant
R3 zoned properties in compliance with
6th Cycle RHNA.
Annually review Grove
Project and R2 Zoning
Regulations to assure
densities are not impeded
starting January, 2020.
The Grove project includes 32 attached townhouse units and was re-entitled by the City in May 2021. The City has now finaled building permits for the 51-unit affordable housing project, known as Cashins Field.
8) Actively support efforts,
to the extent the City has
financial resources, by
providers who establish
short-term bed facilities
for segments of the
homeless population
including specialized
groups such as the
mentally ill and chronically
disabled.
Provision of additional housing for 15
homeless individuals.
Continuous and ongoing;
2019-2027.
The City's ADU Ordininace requies that ground level ADUs be designed to provide disability/accessibility standards, including maneuvering sapce in kitchens and bathrooms, and adequate door and hallway widths (City Municipal Code
17.072.026 (J).
9) The City shall amend
the Zoning Code to
comply with California
Government Code Section
65583.2(c) to allow
residential uses by right
for housing developments
which at least 20 percent
of the units are affordable
to lower income
households on vacant
sites that were identified in
the two previous housing
elements which consists
of Assessor’s Parcel No. 5-
270-38, 646 Searls
Avenue.
Improve the opportunity to create more
affordable housing units from new
development.
Incorporate into the
Zoning Code Amendments
by 2020.
Covid-policy priorities and staff turnover has delayed these efforts, but the City expects to get this underway in the follwoing year.
10) In accordance with
California Government
Code Section 65915 (c) (3)
the City shall require
replacement housing units
on sites identified in the
site inventory when any
new development
(residential, mixed-use or
non-residential) occurs on
a site that has been
occupied by or restricted
for the use of lowerincome households any
time during the previous
five years (generally as a
condition of project
approval). This
requirement shall apply to
non-vacant sites and
vacant sites with previous
residenital uses that have
been vacated or
demolished.
Mitigate the loss of affordable housing
units, require new housing
developments to replace all affordable
housing units lost due to new
development.
The replacement
requirement will be
implemented immediately
and applied as
applications on identified
sites are received and
processed.
The City’s Service Lodge (SL) Zoning Designation allows for Multi-family housing pursuant to Municipal Code Section 17.52.020.
In 2008, the City issued a building permit for the conversion of 40 existing motel rooms to 25 senior apartments (permit no. 08014300). However, recently the hotel converted these apartments back to hotel units, a primary use of the Service Lodge zoning designation. These units were not deed restricted for lower income households and were not included on the site inventory because they are not on residential-zoned land. The City continues to monitor vacated or demolished housing .
11) Work with FREED or
another equivalent
organization in seeking
rehabilitation program
grants for very low-income
disabled persons and
senior citizens to improve
accessibility and safety
residential buildings.
Create 3 fully accessible dwelling units
and rehabilitate 3 dwelling units for full
accessibility.
Complete by 2027
FREED is on the City’s standard distribution list for housing project proposals. To date, the City has not had an opportunity to implement a fully accessible dwelling unit. However, the Cashins Field affordable housing project provides for 6 of the 51 units for accessible needs.
12) The City shall review
the feasibility of creating
Universal Design (UD)
regulations for new and
substantially remodeled
residential development.
This feasibility study may
be developed in
collaboration between the
City and FREED. The City
may adopt UD regulations
if determined feasible and
appropriate.
Provision of 20 accessible housing
units.
Prepare feasibility study in
2020 and if determined
feasible and desirable by
the City, create new
regulations in 2021.
FREED is on the City’s standard distribution list for housing project proposals.
Their organization has regularly participated in public comments for housing proposals. The Cashins Field affordable housing project provides for 6 of the 51 units for accessible needs. The City has recently applied for a grant to prepare full permit plans for ADUs that incorporate Universal Design concepts. 13) The City will continue
to permit accessory
structures, building
modifications and site
plans that provide
accessibility for persons
with disabilities and/or
developmental disabilities
and will continue to
implement the state and
federal building standards
for handicapped
accessibility. Amend the
Municipal Code to include
provisions for
implementing a reasonable
accommodation program
in accordance with the
Federal Fair Housing Act
(42 U.S.C. § 3601), the
California Fair
Employment and Housing
Act (Govt. Code § 12955
and other related
regulations.
The Planning Department
and Nevada County
Building Department will
continue to provide
brochures and assistance
to residents about
Maintain enforcement of the Federal Fair
Housing Act (42 U.S.C. § 3601), the
California Fair Employment and Housing
Act (Govt. Code § 12955 and other
related regulations.
Ongoing and will
implement new reasonable
accommodation
regulations after their
adoption in 2021.
Staff will propose an amendment to the Zoning Code in 2022 to create a separate chapter addressing reasonable accommodation in accordance with Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov. Code Section 12901 et. seq.
14) The City will continue
to incorporate ADA
accessibility
accommodation
provisions through the
adoption of the latest
Uniform Building Code
(UBC) requirements.
Furthermore, the City will
adopt the most recent
UBC updates as they
become effective.
Full implementation of ADA
requirements through individual
building permits.
Current and on-going The City regulalry updates the Municipal Code with the latest Califonria Building Code requirements, the most recent of which occurred in 2019. 15) Upon a request, meet
with developers in
advance of formal
application submittals to
identify ways to streamline
and expedite the review
process for multi- family
rental housing units.
Detailed applications will
be provided along with
requisite checklists These
meeting will focus on city
staff providing an early
review of conceptual
development applications
and to identify filing
requirements such that
delays will be minimized.
Refer to Programs 4 and 5
regarding amendments in
the City’s development
regulations to removed
constraints to the
production of affordable
housing.
Facilitate the development of affordable
rental housing. Refer to Programs 4 and
5. Continuous and on-going;
Refer to Programs 4 and 5.
The City has a pre-application process in place for the purpose of reviewing preliminary development proposals, partuculalry those with complex components.
The City was integral to the success of the 51-unit Cashin's Field affordable housing project, providing streamlined processing, and funding and loan contributions.
16) In accordance with
Government Code Section
6558.7, the City will
monitor water and sewer
availability to provide
sufficient priority
sewer/water capacities are
reserved for future lowincome housing
development per the City’s
Regional Housing Needs
Allocation for the 2019-
2027 period; 52 equivalent
dwelling units for lower
income households
Reserved development capacity of 52
lower income housing units. Request
NID to reserve capacity in its water
treatment plant for future lower income
housing units.
2019-2027 and ongoing.
The City provided entitlement for 56 affordable low-income and very low-income units and worked with developers to ensure adequate sewer and water capacity is available. Ultimately, the developer only applied for 51 of the 56 units building permits. The City's most recent Municipal Services Review shows adequate remaining capacity of 0.30MGD or 300,000 gpd capacity divided by 191 gpd/edu unit flow factor equaling 1,571 equivalent dwelling units. 17) Continue to monitor
and review housing
related policies and
programs to minimize
constraints to housing
production and
maintenance. This will
include reviewing and
possibly amending AB
1600 and administrative
processing fees for lower
income housing projects.
When updating AB 1600 fees and
administrative processing fees, include
specific provisions or exceptions for
lower income housing projects
Monitoring ongoing.
Conduct review of fees for
affordable housing in 2021
as part of the
comprehensive fee
updates.
The City has an ordinance in place that allows a waiver of mitigation fees and utility hook-up fees for deed-restricted, low-income accessory dwelling units; The City has also updated the accessory dwelling units for reduced AB1600 fees for all ADUs and no AB1600 fees for those ADUs under 750 sf (City Municipal Code
17.72.026.)
18) Maintain reduced fee
program in exchange for
low-income deed
restrictions for the
production of second or
accessory units.
Quantified Objectives: 8 affordable
second/accessory units during the 6th
State Cycle Housing Element RHNA.
Units produced to comply
with RHNA by 2027.
The City has an ordinance in place that allows a waiver of mitigation fees and utility hook-up fees for deed-restricted, low-income accessory dwelling units; The City has also updated the accessory dwelling units for reduced AB1600 fees for all ADUs and waives AB1600 fees for those ADUs under 750 sf (City Municipal Code
17.72.026.) This fee waiver has decentivised the City's deed restriction program.
The City has not increased development impact fees since 1993. The City is considering a fee study in the near future.
19) The City will ensure
that residential
development projects are
consistent with the goals
and policies of the General
Plan. This will comprise
the City’s annual
monitoring of the RHNA
and the Housing Element
and reporting this to the
California Department of
Housing and Community
Development and the
California Office of
Planning and Research.
This monitoring will
include summarizing
achievements of programs
in this Housing Element
and assuring there
continues to be a
sufficient level of vacant,
R3 Zoned land in the City
to assure a no-net loss in
accordance with
Government Code Section
65863.
Annually monitor R3 lands to ensure
that these lands remain sufficient to
accommodate the City’s affordable unit
numbers throughout the planning
period.
Quantified Objective
Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units that
include 8 accessory units.
Continuous and on-going;
The Grove project, located on 2 acres of R3 zoned property, includes 32 attached townhouse units and was re-entitled by the City in May 2021. No application has been made for the remaining 1 acre property zoned R3. The City has issued building permits for the 51 affordable housing units associated with Cashins Field affordable housing project.
20) Development
proposals that underrealize density associated
with R3 zoned sites shall
be subject to a Use Permit.
The City shall address and
make applicable “no- net
loss” findings required in
Government Code Section
65863 for any land use
request to a lower density
or alternative land use.
Also, Program 4-I requires
no net loss of vacant R3
Zoned land.
Annual ongoing reporting to include
update of the vacant land inventory to
begin April 2020 to assure no-net loss of
R3 Zoned land for lower income
housing production to comply with 6th
State Cycle Housing Element RHNA for
Nevada City.
Quantified Objective
Creation of 5 lower income housing
units by 2023 and 8 lower income
housing units by 2027 (for a cumulative
of 13 lower income housing units).
On going
The City has provided entitlement to a developer proposing high-density housing on a 2-acre R3-zoned site. Entitlement has been approved for “The Grove” subdivision, though building permits have not been issued. This project was reentitled by the City in May 2021. No application has been made for the remaining 1 acre property zoned R3. The City has recwently issued Certificates of Occupancy for the 51 affordable housing units associated with Cashins Field affordable housing project.
21) The City shall identify
publicly owned surplus
land to determine its
suitability for low-and very
low-income households
and to develop procedures
for land swaps if sites
more suitable for
affordable housing are
identified. Surplus public
lands that are found to be
feasible for lower-income
housing shall be
considered for redesignation to an
appropriate residential
zoning designation.
The City has limited land most of which
is very constrained by size, topography,
or within floodplains, so it is difficult to
determine the number of affordable
housing units can be created, if any.
The first analysis will be
conducted in 2020 with
status updates with the
Annual Housing Report in
March and April and each
year thereafter.
The City has had preliminary discussions about beginning a suplus property analysis. Covid-policy priorities and staff turnover has delayed these efforts, but the City expects to get this underway in the follwoing year. 22) The Planning
Commission shall review
all residential expansion
requests in excess of 25
percent with the goal of
retaining smaller housing
units while maintaining
diversity of the housing
supply.
Maintain smaller homes as one method
of retaining housing diversity and
moderating housing costs while
preserving a mixture of housing types
and sizes to maintain diversity of
neighborhoods.
Current and on-going
during the 6th Housing
Cycle
The City has issued nine ADU permit so far in the 6th Housing Cycle. Many are under the 750 square foot threshold and will include a waiver of AB1600 fees. The City encourages the development and conversion of accessory dwellings units of any size by waiving application and development impact fees for those that incorporate deed restrictions.
23) Density transfers shall
be allowed from one
parcel to an adjacent
parcel or a parcel within
200' of the host parcels,
provided said transferred
density shall be developed
as affordable housing. In
no case shall the overall
density of the areas under
consideration exceed
maximum general plan
densities plus any
applicable affordable
housing density bonuses.
The density transfer shall
be implemented using the
SP-Site Performance
Combining District of the
zoning ordinance. The
density transfer program
shall be communicated to
landowners when an
inquiry is made of the City
regarding future housing
development.
A tool to retain planned residential
density when developing lower density
projects.
Quantified Objective: One density
transfer involving 4 units.
Continuous and on-going
during the 6th Housing
Cycle
The City issued 6 building permits, in 2022, including 7 ADUs and 1 moderateincome housing unit. The city issued 56 certificates of residenital occupancy, one of which was for an ADU. The City encourages the development and conversion of accessory dwellings units by waiving development impact fees and hook-up fees for those that have deed restrictions.
24) Continue allowing
density bonuses and other
incentives to developers
of affordable housing, in
accordance with State law
and other objectives of the
General Plan.
Increase the production of units
affordable to lower income households
Quantified Objective
5 lower income units
Continuous and on-going
during the 6th Housing
Cycle
The City issued certificates of occupancy for the 51-unit affordable housing project known as Cashins Field which took advantage of an 80% density bonus. 25) Maintain planned
employment generating
land uses to ensure that
jobs will be available in
proximity to housing and
other city services.
Review any change of use of
employment generating land uses to
determine its impact on the City’s jobs:
housing balance.
Quantified Objective
Discourage changes in use of
Employment Center and Light Industrial
zones a non-employment designation.
Continuous and on-going.
The City did has not conducted any rezones this housing cycle. The City did amend a Development Agreement within the City's Tech Center, expanding the allowed uses to include cannabis business uses. The City is currently processing a cannabis business permit at this location.
26) In pre-application
review meetings with
developers, encourage the
development of housing in
proximity to existing and
planned employment
centers and other major
employers where adequate
pedestrian or nonvehicular access
opportunities
(bicycle, etc.) are available.
Promote a pedestrian environment
between living and work areas.
Quantified Objective
10 units in proximity to existing
employment land uses
Continuous and on-going
The 72-lot residential project known as the Grove is located adjacent to the Tech Center. The 51-unit Cashins Field affordable housing project is located adjacent to the 7-Hills Business District, an area designated for general retail and service uses.
27) The City will
encourage the production
of market-rate rental and
ownership housing for
moderate- and above
moderate-income
households through its
land development policies.
Maintain housing variety. Continuous and ongoing
2019-2027.
The City recently partnered with the County in an MOU for the preparation of Affordable Housing Master Plans intended to result in a resididential master plan design that is consistent with ADU standards.
28) To the extent the City
has financial resources,
expand the city code
enforcement program by
retaining a part time code
enforcement officer.
Reduce the amount of violations in a
more-timely manner.
Quantified Objective
Retain a part time code enforcement
officer if funding becomes available..
2019-2027 The City has retained the part-time code compliance officer position that was initiated in 2020
29) In accordance with
State Housing Code, the
City will amend the
General Plan as follows:
a. In accordance with SB
379 the City will amend the
Safety Element of the
General Plan to include
analysis and policies
regarding climate
adaption.
b. In accordance with AB
162 the City will amend the
Safety Element of the
General Plan to include
analysis and policies
regarding flood hazards
and flood management to
address flood-related
constraints to housing
development in the City.
c. In accordance with SB
1241 the City will amend
the Safety Element of the
General Plan to include
analysis and policies
regarding fire hazards and
impacts and mitigation for
housing in the City.
d. In accordance with
California Government
Enhance public safety for existing and
new neighborhoods.
2021 if SB 2 funding
becomes available
The City is currently in the processs of updating the General Plan Safety Element which includes analysis of climate addaptation pursuant to SB 379, flood hazards and management pursaunt to AB162, and fire hazards and impacts pursuant to SB 1241. Analsys and policies that result from these components of the Safety Element will guide the City in its effort in encouraging housing production. 30) The City shall refer
interested parties to the
various rebate programs
offered by P.G. & E and
various low-income
assistance programs
offered by PG&E.
Reduce dependency on the local power
grid
Ongoing and continuous
during the 6th Housing
Cycle
The City Website has been updated to include programs for reducing energy dependence from non-renewable sources, and includes information and links to PG&E rebate programs in the “Residents” section of the website. The City has also entered into JOAs with four “Property Assessed Clean Energy (P.A.C.E)” programs and has an adopted Energy Action Plan, adopted in 2015. The City works with the Sierra Business Council and their Sierra Nevada Energy Watch program in order to keep abreast of opportunitites and update the website as needed.
31) Continue to notify City
residents via the City’s
website that energy
conservation
improvements are eligible
to income-based qualified
households for assistance
under the City’s residential
rehabilitation program.
Reduction in energy consumption in
existing residences.
Continuous and ongoing
during the 6th Housing
Cycle
The City Website has been updated to includes programs for reducing energy dependence from non-renewable sources, and includes information and links to PG&E rebate programs and specifically includes a link to “Project Go, Inc” which administered home energy assistance to low-income households in the “Residents” section of the website. The City has also continued four “Property Assessed Clean Energy (P.A.C.E)” programs through JOA partnerships including HERO, mPower, yGrene, and Figtree, offering low-interest, long term loans through property tax assessments.
32) The City will continue
to implement the energy
conservation standards
under Title 24 of the
California Code of
Regulations, as required
by State law. The City will
continue to provide
information at the permit
counter from the California
Energy Commission on
compliance with Title 24
and other energy
conservation techniques.
Reduction in potential energy
consumption.
Establish and implement
the Energy Conservation
Incentives Program, per
the General Plan in 2022.
The City regularly adopts the California Building Code including the California Green Building Standards pursuant to California Code of Regulations, Title 24, Part 11, most recently adopted per the 2019 edition of the California Building Code Standards (Ordinance 2020-02).
33) If an unpermitted
demolition occurs, any
new home on the lot shall
be the same size as the
house illegally
demolished.
Maintain smaller more affordable
housing stock
Continuous and ongoing
during the 6th Housing
Cycle.
Section 17.88.040 (A.1) requires that unpermitted demolitions have the same footprint, floor area and height as the demolished structure. 34) The two mobile home
parks in Nevada City may
be substandard and do not
provide safe affordable
housing. The City will
meet with mobile home
park owners (as requested
and to the extent that the
City has financial capacity)
to discuss long-term goals
for their properties and the
condition of park
infrastructure and
buildings, the condition of
mobile homes located in
the park, parcel size,
accessibility to services
and surrounding land
uses. For those parks that
are feasible to preserve,
the City will consider (1)
providing information to
park owners on state and
federal programs and/or
(2) providing referrals to
nonprofit organizations
who can assist in
preparing funding
requests.
If the mobile home parks
with serious problems
Quantified Objective: Rehabilitation of 5
substandard housing units
Continuous and ongoing
during the 6th Housing
Cycle
Staff recently worked with the property management team for one of the City's 20- unit, age-restricted mobile home park and provided original infrasturcture improvement plans to that agency.
35) Refer housing
discrimination
complainants to the Legal
Services of Northern
California and providing
reference to this on the
City’s website.
Assurance that all people are afforded
equal opportunity when attempting to
procure housing.
Continuous and on-going
during the 6th Housing
Cycle
A link to HCD’s fair housing website is on the City’s website in the “Residents” Section. To date, the City has not had any housing discrimination complaints to refer to the State Fair Employment and Housing Commission.
Jurisdiction Nevada City
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
5 6
Units by Structure Type Entitled Permitted Completed
SFA 1 0 0
SFD 1 3 2
2 to 4 0 0 0
5+ 0 0 51
ADU 7 3 3
MH 0 0 0
Total 9 6 56
11 11
7 0
1 0
0 51
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level