City of Nevada City
City Council
REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY July 13, 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.
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in 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 (push the asterisks button followed by the five button) 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, i.e.: 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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ 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 threeminute 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
Presentation: Reorganization of the City Council, Mayor, and Vice Mayor Proclamation: Ribbon Cutting and Grand Opening of Rainbow Rocket Proclamation: Park and Recreation Month 2023
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-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.
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 June 28, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – June 2023
Recommended Action: Receive and file the report
3. Police Activity Report June 2023
Recommended Action: Receive and file the report
4. Building Activity Report June 2023
Recommended Action: Receive and file the report
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.
5. Conduct a Public Hearing in Consideration of Ordinance 2023-06: An Ordinance of the City Council of the City of Nevada City Adding Chapter 17.118 (“Public Art Requirements”) to Title 17 (“Zoning”) Relating to Public Art Requirements; Adopt a Public Art Policy; and Consideration of Resolution 2023-40: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee Schedule for Public Art Applications
Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for July 27, 2023;2) Adopt the Public Art Policy; and 3) Adopt the Resolution establishing public art fees
BUSINESS
6. Consideration of an Extension of Time Request for Filing of a Final Map for the Project Known as “The Grove” Off Providence Mine Road, Nevada City, California Recommended Action: Approve the extension of time for The Grove tentative subdivision final map, the use permit accommodating the Planned Unit Development proposal, and the Architectural Review approval, subject to the Conditions of Approval as previously approved
7. Consideration of Adoption of Resolution No. 2023-39: A Resolution of the City Council of the City of Nevada City Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies for July 1, 2023, Through June 30, 2024
Recommended Action: Adopt the resolution
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, Gabrielle Christakes, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the July 13, 2023, Regular Meeting of the Nevada City City Council was posted July 7, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed July 7, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
City of Nevada City
City Council
REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY July 13, 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.
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in 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 (push the asterisks button followed by the five button) 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, i.e.: 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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ 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 threeminute 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
Presentation: Reorganization of the City Council, Mayor, and Vice Mayor Proclamation: Ribbon Cutting and Grand Opening of Rainbow Rocket Proclamation: Park and Recreation Month 2023
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-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.
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 June 28, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – June 2023
Recommended Action: Receive and file the report
3. Police Activity Report June 2023
Recommended Action: Receive and file the report
4. Building Activity Report June 2023
Recommended Action: Receive and file the report
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.
5. Conduct a Public Hearing in Consideration of Ordinance 2023-06: An Ordinance of the City Council of the City of Nevada City Adding Chapter 17.118 (“Public Art Requirements”) to Title 17 (“Zoning”) Relating to Public Art Requirements; Adopt a Public Art Policy; and Consideration of Resolution 2023-40: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee Schedule for Public Art Applications
Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for July 27, 2023;2) Adopt the Public Art Policy; and 3) Adopt the Resolution establishing public art fees
BUSINESS
6. Consideration of an Extension of Time Request for Filing of a Final Map for the Project Known as “The Grove” Off Providence Mine Road, Nevada City, California Recommended Action: Approve the extension of time for The Grove tentative subdivision final map, the use permit accommodating the Planned Unit Development proposal, and the Architectural Review approval, subject to the Conditions of Approval as previously approved
7. Consideration of Adoption of Resolution No. 2023-39: A Resolution of the City Council of the City of Nevada City Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies for July 1, 2023, Through June 30, 2024
Recommended Action: Adopt the resolution
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, Gabrielle Christakes, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the July 13, 2023, Regular Meeting of the Nevada City City Council was posted July 7, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed July 7, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496
NOTICE OF CITY COUNCIL REORGANIZATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Nevada City reorganized July 1, 2023. The City of Nevada City rotates the positions of Mayor and Vice Mayor on an annual fiscal year basis with one-year terms for each position beginning July first and ending June thirtieth each year. At the Regular Meeting of the City Council held Thursday July 13, 2023, the City Council will have reorganized as follows:
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor
Doug Fleming, Council Member
Adam Kline, Council Member
Lou Ceci, Council Member
The City Council conducts is regular meetings on the second and fourth Wednesdays of each month at 6:30 p.m. unless modified by resolution of the City Council. Meetings are held in the Beryl P. Robinson, Jr. Conference Room located at 317 Broad Street, Nevada City, CA 95959.
Resolution 2022-71 describes the following meetings for the City Council through the end of 2023:
Thursday, July 13, 2023 Rescheduled Regular City Council Meeting Thursday, July 27, 2023 Rescheduled Regular City Council Meeting Wednesday, August 9, 2023 Regular City Council Meeting
Wednesday, August 23, 2023 Regular City Council Meeting Wednesday, September 13, 2023 Regular City Council Meeting Wednesday, September 27, 2023 Regular City Council Meeting Wednesday, October 11, 2023 Regular City Council Meeting Wednesday, October 25, 2023 Regular City Council Meeting Wednesday, November 8, 2023 Regular City Council Meeting Wednesday, November 22, 2023 Cancelled Regular City Council Meeting Thursday, December 13, 2023 Rescheduled Regular City Council Meeting Wednesday, December 27, 2023 Cancelled Regular City Council Meeting Dated this 1st day of July, 2023
Sean Grayson
City Manager
PROCLAMATION
Honoring the Grand Opening and Ribbon Cutting of
Rainbow Rocket Marketplace
WHEREAS, business initiation, development, growth, and expansion are important threads that bind strong communities, and Rainbow Rocket Marketplace is open for business at 101 Broad Street; and WHEREAS, Rainbow Rocket Marketplace, is an existing business relocating from Searls Avenue to the Broad Street location in the historic downtown; and
WHEREAS, Amanda Chavez has been in the second-hand business for over 20 years and is the owner of Rainbow Rocket Marketplace; and
WHEREAS, the Amanda Chavez notes, “When you hear ‘vintage clothing’ for me there’s a certain kind of niche. We do vintage but we also do second-hand apparel that’s vintage inspired. Those are also things that need to be taken out of the landfill, too. People come in here and go, ‘I haven’t seen that since I was a kid.”; and
WHEREAS, a grand opening and ribbon cutting ceremony will be held at Rainbow Rocket Marketplace on Friday July 19, 2023, at 7pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Rainbow Rocket Marketplace; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Rainbow Rocket Marketplace and urges those who visit, live, work, and play in Nevada City to Eat and Shop Local by patronizing Rainbow Rocket Marketplace and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on July 19, 2023.
Dated this 13th day of July 2023
______________________________________
Daniela Fernández, Mayor
PROCLAMATION
Park and Recreation Month 2023
WHEREAS, parks and recreation is an integral part of communities throughout this country, including in Nevada City; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks and trails; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, in 1985 the U.S. House of Representatives designated July as Parks and Recreation Month; and WHEREAS, the National Recreation and Park Association (NRPA) promotes each July as Park and Recreation Month with the theme for 2023 being “Where Community Grows”; and WHEREAS, the City of Nevada City recognizes the benefits derived from parks and recreation resources.
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby recognized July 2023 as Park and Recreation Month in Nevada City and encourage those who live, work, play, and thrive in and around Nevada City to enjoy one of the many park, trail, pool, and recreation programming opportunities provided by the City.
Dated this 13th day of July 2023
______________________________________
Daniela Fernández, Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF JUNE 28, 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
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 Petersen to adopt the Agenda for June 28, 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
Proclamation: 50th Anniversary of Recreation Realty
Announcement: Coffee with a Cop Events
Presentation: Mayor Fleming Recognition
CONSENT ITEMS:
1. Action Minutes June 14, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – May 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report May 2023 Recommended Action: Receive and file the report
4. Consideration of Side Letter No. 1 to the Nevada City Police Officers Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract
2 Recommended Action: Approve the side letter
5. Consideration of Side Letter No. 2 to the Nevada City Miscellaneous Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Adding of the Position of Fuels Reduction Equipment Operator to the Association and Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
6. Consideration of Side Letter No. 2 to the Nevada City Management and Supervisory Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract Recommended Action: Approve the side letter
7. Consideration of Adoption of Resolution No. 2023-38: A Resolution of the City Council of the City of Nevada City Regarding Benefits for Members of the City Council Recommended Action: Adopt the resolution
8. Consideration of a Notice of Data Breach from the California State Water Resources Control Board
Recommended Action: Receive and file the notice
9. Consideration of the 2022 Consumer Confidence Drinking Water Report Recommended Action: Receive a presentation on and receive and file the report Action: Motion by Fernàndez, Seconded by Petersen, to approve items 1 through 9 on Consent (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
BUSINESS
10. Consideration of the City Parking Study Presentation and Direction for Phased Implementation of Recommendations
Recommended Action: Receive a presentation, receive and file the report, and direct staff on the phased implementation of recommendations in coordination with the Infrastructure Strategic Initiative Committee
Action: Motion by Petersen, Seconded by Ceci to direct staff on the phased implementation of recommendations in coordination with the Infrastructure Strategic Initiative Committee (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
11. Consideration of Contract with Desert View Power LLC for Purchase of Attributes for Biomass Energy Production to Fulfill SB1383 Recovered Organic Waste Product Requirements; the Payment of Fair-Share Costs to Pioneer Community Energy JPA for Securing the Contract; and Authorizing the City Manager to Execute the Contract and any Related Documents Recommended Action: Approve the contract, the payment, and authorize the City Manager to execute documents
Action: Motion by Petersen, Seconded by Fernàndez to Approve the contract, the payment, and authorize the City Manager to execute documents
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci 3 12. Consideration of the Second Amendment to Employment Agreement for City Manager Between the City of Nevada City and Sean Grayson
Recommended Action: Council to consider approval of the Second Amendment to the Employment Agreement with City Manager Sean Grayson
Action: Motion by Kline, Seconded by Fernàndez to approve the Second Amendment to the Employment Agreement with City Manager Sean Grayson
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:34 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report April 2023
From: Brittnie Neundorfer, Accounting Technician
Date: July 1, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for June 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 June 2023
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 03
Subject: Monthly Statistical Crime Data June 2023
From: Dan Foss, Chief of Police
Date: July 6, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
Attached is the monthly statistical crime report from June 2023, for the Nevada City Police Department.
Refer to the attached spreadsheet for additional information.
The summer months bring along their own set of problems and trends related to law enforcement.
Historically, you will see a measurable crime increase, especially concerning property crimes, during the summer months. Members of the Nevada City Police Department have increased patrols and visibility during peak hours for the season.
We have begun to witness a slight increase in vandalism (graffiti/tagging). Officers have successfully identified some of the suspects in the most recent cases, which will contribute to lowering future violations. With the assistance of the Nevada City Public Works Department, we have been quickly repairing the damage when located. We will continue to make this a priority in the community for the benefit of all residents and visitors.
Nevada City Police Department 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:
June 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 2 3% 0 0% 3 4% 0 0% -1 -100%
ASSAULT - A 2 3% 2 100% 1 1% 0 0% 1 100%
ASSAULT - S 2 3% 0 0% 2 2% 0 0% 0 0%
AUTO THEFT 1 2% 0 0% 2 2% 0 0% -1 -100%
BURGLARY 1 2% 0 0% 1 1% 0 0% 0 0%
COURT ORDER 1 2% 0 0% 0 0% 0 0% 1 100%
DISORDERLY 1 2% 0 0% 1 1% 0 0% 0 0%
DOMESTIC DISPUTE 1 2% 0 0% 2 2% 0 0% -1 -100%
DOMESTIC VIOLENCE 1 2% 0 0% 0 0% 0 0% 1 100%
DUI 1 2% 0 0% 2 2% 0 0% -1 -100%
FOUND PROPERTY 3 5% 0 0% 7 9% 0 0% -4 -400%
FRAUD 0 0% 0 0% 4 5% 0 0% -4 -400%
GENERAL 1 2% 0 0% 0 0% 0 0% 1 100%
LIQUOR LAWS 3 5% 3 100% 0 0% 0 0% 3 300%
MENTAL HEALTH 2 3% 0 0% 2 2% 0 0% 0 0%
MISC INFO RPT 6 9% 0 0% 6 7% 0 0% 0 0%
MVSTOP 1 2% 0 0% 0 0% 0 0% 1 100%
NARCOTICS 2 3% 0 0% 6 7% 1 17% -4 -400%
OA 1 2% 1 100% 1 1% 0 0% 0 0%
OTHER OFFENSE 2 3% 1 50% 0 0% 0 0% 2 200%
RESIST 1 2% 0 0% 1 1% 1 100% 0 0%
ROBBERY 0 0% 0 0% 1 1% 0 0% -1 -100%
SEX OFFENSE 0 0% 0 0% 0 0% 0 0% 0 0%
STOLEN PROPERTY 0 0% 0 0% 1 1% 1 100% -1 -100%
THEFT 0 0% 0 0% 4 5% 0 0% -4 -400%
THREATS 0 0% 0 0% 0 0% 0 0% 0 0%
TOW 3 5% 0 0% 4 5% 0 0% -1 -100%
TRAFFIC 1 2% 1 100% 0 0% 0 0% 1 100%
TRAFFIC COLLISION 0 0% 0 0% 1 1% 0 0% -1 -100%
TRESPASS 2 3% 1 50% 1 1% 1 100% 1 100%
VANDALISM 4 6% 0 0% 3 4% 0 0% 1 100%
VOIDED CASE NUMBER 1 2% 0 0% 1 1% 0 0% 0 0%
WARRANT ARREST 5 8% 2 40% 3 4% 1 33% 2 200%
WEAPONS 1 2% 0 0% 0 0% 0 0% 1 100%
Total Case Reports 52 11 60 5 -8
RMS-185 v1.10 Printed 7/6/2023 10:12:23 AM Page 1 of 2 Total Pages
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY DISPO STATUS
REPORT PERIOD
June 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 14 52% 5 36% 8 36% 5 62% 6 600%
Adult Arrests Misd 13 48% 6 46% 10 45% 2 20% 3 300%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 0 0% 0 0% 4 18% 1 25% -4 -400%
Total Arrests 27 11 22 8 5
RMS-185 v1.10 Printed 7/6/2023 10:12:23 AM Page 2 of 2 Total Pages * Cleared - Is determined by the case disposition 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 DISPO STATUS
REPORT PERIOD
June 2023
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 04
Subject: Building Activity Report June 2023
From: Lisa McCandless, Interim City Planner
Date: July 6, 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 June 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 June 2023
Date Record Number Record Type Description Address Status 6/30/2023 232306 Express Permit Web. Two ceiling cassette in upstairs of 2 story home.
Installation of 18k btu condenser at right side of house.
Run new power wire for condenser approx 15ft.
Installed sewer backflow prevention device to be verified at final. Includes one inspection. Final required.
551 NORTH PINE STREET,
Nevada City CA 95959
Issued
6/29/2023 232295 Express Permit Reroof. Like for like. Cool Comp. 21 squares. 820 ZION STREET, Nevada City CA 95959
Received
6/28/2023 232274 Express Permit Reroof. Like for like. Cool Comp. 12 squares. Installed sewer backflow prevention device to be verified at final.
PPR 1 inspection.
513 NURSERY STREET,
Nevada City CA 95959
Received
6/28/2023 232272 Express Permit Re-roof. Like for like. Cool Comp. 17 squares. Installed sewer backflow prevention device to be verified at final.
PPR One inspection. Final required.
267 BOURBON HILL ROAD,
Nevada City CA 95959
Received
6/27/2023 232254 Express Permit Digital. 2.4kw roof mount solar, (6) Certainteed CTM10400HC11-06 modules, (6) Enphase IQ8PLUS micro
inverters, point of interconnection - 20A breaker in (E) 100A MSP. Installed sewer backflow prevention device
to be verified at final. Includes 2 inspections. Final
required.
441 ZION STREET, Nevada
City CA 95959
In Review
6/27/2023 232253 Express Permit 3.2kw roof mount solar, (8) Certainteed CTM10400HC11- 06 modules, (8) Enphase IQ8PLUS micro inverters, point
of interconnection - 20A breaker in (E) 100A MSP.
Installed sewer backflow prevention device to be verified at final.
920 SPRINGETT LANE,
Nevada City CA 95959
Received
6/22/2023 232192 Express Permit re roof, like for like, cool comp 22 squares 510 MAIN STREET, Nevada City CA 95959
Received
BUILDING ACTIVITY REPORT - June 2023
6/21/2023 232181 Express Permit Digital: Heat Pump Conversion- Disconnect existing condenser and coil (leave there) and remove oil fired
furnace. Install 5 ton outdoor heat pump with air
handler. AHRI cert: 207826668, 16 SEER2, 9.6 EER2, 8.5
HSPF2This permit includes one inspection. Final
required.
830 ZION STREET, Nevada
City CA 95959
Issued
6/19/2023 232150 Express Permit VOID PER BREWER -SF Installation of (2) Carrier Indoor Inverters and (2) Carrier Outdoor Heat Pumps, units
have 48,000 BTU's cooling each.
310 PROVIDENCE MINE
ROAD, Nevada City CA
95959
Void
6/19/2023 232147 Express Permit Changeout main electrical service for existing residence 100amp for 100ampThis permit includes up to 2
inspections. Final inspection required.
327 LONG STREET, Nevada
City CA 95959
Issued
6/18/2023 232139 Express Permit Reroof with cool roof shingles. 26 squares. Installed sewer backflow prevention device to be verified at final.
Includes 2 inspections. Final required.
436 WASHINGTON STREET,
Nevada City CA 95959
Received
6/16/2023 232132 Express Permit Digital. Installation of Gas Electric Unit for 60,000 BTUs of heating and 2.5 tons of cooling, 15 SEER and 81%
AFUE. Installed sewer backflow prevention device to be
verified at final. Includes one inspection. Final required. 735 ZION STREET, Nevada
City CA 95959
Issued
6/16/2023 232122 Express Permit 16 - QCell 400 Watt Modules1 - SolarEdge HD-Wave 7600H Inverter. Installed sewer backflow prevention
device to be verified at final. Includes 2 inspections.
Final required.
107 MILL STREET, Nevada
City CA 95959
Received
6/16/2023 232120 Full Review Digital: Residential install of 16 modules roof mounted PV solar panels(N) 02 - ENPHASE ENERGY ENCHARGE-3T1P-NA [240] [SI1-JUN20] BATTERY(N) 225A SOLAR LOAD CENTERInspector to verify sewer backflow prevention
device is installed. This permit includes two inspections 324 GETHSEMANE STREET,
Nevada City CA 95959
Issued
6/14/2023 232097 Express Permit Digital. Replace existing 200 amp sub panel with new 200 amp sub panel, same location, no added load.
Includes one inspection. Final required.
505 LONG STREET, Nevada
City CA 95959
Issued
6/14/2023 232094 Express Permit Replace sinks, drains and plumbing fixtures to be in compliance with Environmental Health standards in the
ERAC cafe space.Adding one dedicated GFCI circuit for a sink mounted disposer.
950 MAIDU AVENUE,
Nevada City CA 95959
Issued
6/13/2023 232079 Full Review DIGITAL: Pello Ln Master Plan (Plan D) (Lot 8 ADU) 483 sf accessory dwelling unit. 483 sf garage. 115 sf exterior stair.Includes 10 inspections.
206 PELLO LANE, Nevada
City CA 95959
Ready To
Issue
6/13/2023 232078 Full Review DIGITAL: Pello Ln Master Plan (Plan B) (Lot 8 main res) 1555 sf single-family residence. 3 bedroom, 2 bath.
Covered front porch, 135 sf.Includes 10 inspections.
210 PELLO LANE, Nevada
City CA 95959
Ready To
Issue
6/13/2023 232072 Express Permit Reroof. Like for like. Cool Comp. 27 squares. 521 NURSERY STREET, Nevada City CA 95959
Received
6/13/2023 232071 Express Permit Digital. Replace existing wall heater in Apt 1. System located inside of house. Includes one inspection. Final required.
639 WEST BROAD STREET,
Nevada City CA 95959
Finaled
6/13/2023 232069 Over the
Counter Permit
Platinum -Tear off and reroof residence, detached
garage, and detached shed with COOL comp. 17 squares.
Sewer backflow install on file.Includes 1 inspection.
547 COYOTE STREET,
Nevada City CA 95959
Finaled
6/13/2023 232066 Full Review Pello Lane Master Plans. 2022 CA Code updates. 0 PELLO LN, Nevada City CA 95959
Ready to
Issue
6/12/2023 232057 Full Review VOID: DSA Jurisdiction: Remodel of existing building on Seven Hills School Campus into new district office space.
Includes updates to ADA parking. This is NOT a studentoccupied building. 700 HOOVER LANE, Nevada
City CA 95959
Void
6/9/2023 232030 Full Review Tenant improvement for outdoor dining expansion for Friar Tucks restaurant. 320 sf. Includes 2 inspections.
Final required.
111 NORTH PINE STREET,
Nevada City CA 95959
Issued
6/9/2023 232025 Express Permit Digital. Tear-off and reroof, 30 Squares GAF Composite Shingle. GAF Timberline HDZ-RS Hickory CRRC 0676-
0138. Installed sewer backflow prevention device to be
verified at final. Includes 2 inspections. Final required. 301 GETHSEMANE STREET,
Nevada City CA 95959
Issued
6/9/2023 232022 Express Permit Digital. Install new 9.315 kW PV system on home. 23 modules with microinverters. Installed sewer backflow
prevention device to be verified at final. Includes 2
inspections. Final required.
510 MAIN STREET, Nevada
City CA 95959
Issued
6/7/2023 231979 Express Permit Digital. Install new 6.48 kW PV system on home. 16 modules with microinverters. Installed sewer backflow
prevention device to be verified at final. Includes 2
inspections. Final required.
343 CLAY STREET, Nevada
City CA 95959
Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 05
Subject: Conduct a Public Hearing in Consideration of
Ordinance 2023-06: An Ordinance of the City Council of the City of Nevada City Adding Chapter 17.118 (“Public Art
Requirements”) to Title 17 (“Zoning”) Relating to Public Art Requirements; Adopt a Public Art Policy; and Consideration of Resolution 2023-40: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee
Schedule for Public Art Applications
From: Sean Grayson, City Manager
Date: July 6, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for July 27, 2023; 2) Adopt the Public Art Policy; and 3) Adopt the Resolution establishing public art fees.
ISSUE STATEMENT AND DISCUSSION:
Nevada City has a long history of artistic expression and influence but has never had an art ordinance to establish parameters for the implementation of public art. Through the City’s Strategic Planning process there was a wide range of input indicating the desire to have a public art process. One of the strategic initiatives within the City’s 2022-2027 Strategic Plan is Vibrancy: Arts, Culture, & Distinction. Goal #2 of that strategic initiative is, “Develop a public art process including an enabling ordinance”. The Vibrancy Strategic Initiative Committee conducted public meetings on February 2, 2023; March 30, 2023; and April 25, 2023 to draft and review a public art ordinance and policy. The committee recommended the draft ordinance for adoption at their April 25, 2023 meeting. The Planning Commission conducted a public hearing on the draft ordinance on June 15, 2023. There were several comments from the public and the commission on the ordinance. The submitted written public comment is included at the end of this item.
The comments can be generally categorized as one or more of the following:
• supportive of the ordinance;
• recommending that the ordinance not include murals in the historical district; • recommending that the art ordinance not apply in the historical district; • recommending that the ordinance return to the City Council in a year to review the process and consider inclusion of the historical district in the ordinance after that review; • recommending a greater emphasis on temporary public art.
The public art ordinance adds Chapter 17.118 to the City’s Zoning Ordinance (Title 17) and regulates public art on private property in the same fashion as other architectural regulations are established in the City> The ordinance requires that certain non-residential future developments provide public art as part of their development. The ordinance establishes the process for application, review and approval of public art. The process includes review by and Art Review Authority and then by a Design Review Authority. The Design Review Authority will be the Planning Commission and they will review the project for consistency with zoning regulations including surrounding architectural standards. The ordinance establishes a process for the approval of temporary art installations for under 90 days. The ordinance establishes a public art fund in which fees generated from the ordinance are deposited. The public art fund may be used by the City Council to support future public art projects.
The draft ordinance presented to the City Council is materially the same as the draft ordinance recommended by the Vibrancy Committee. In the event the City Council desires to prohibit murals in the historic district this could be accomplished by adding a second paragraph to 17.118.080.B, to read, “Notwithstanding any other provision of this Code, murals shall not be allowed in the Historical District.
A mural is defined as a painting or other work of art executed directly on a wall.” In the event the City Council desires to prohibit public art in the historical district this could be accomplished by adding
17.118.050.G. to read, “Projects located in the Historical District,” and revising 17.118.080.B to read, “B.
No public art shall be located in the Historical District.” The draft Public Art Policy presented is a City Council policy that would enable the City Council to implement public art on City owned or controlled properties. The policy is a broad document that covers the various options that the City Council could take but does not require any specific action. Upon the adoption of the policy staff would return to the Vibrancy Committee to develop recommendations for public art activities and funding for the City Council to consider in fiscal year 2023/2024.
The attached resolution 2023-40 establishes the following fees in relation to the ordinance:
1. The public art in-lieu fee shall be 1% of the development project cost payable to the public art fund
2. The public art application fee shall be $750
3. The temporary public art application fee shall be $225
4. The temporary public art application fee when submitted in conjunction with a City Special Event application shall be $100
FINANCIAL AND/OR POLICY IMPLICATIONS:
Any fees collected from related to the ordinance will be placed in the Public Art fund which may be used by the City Council to advance public art and related activities.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, and Distinction. The action specifically addresses goal #2, “Develop a public art process including an enabling ordinance”.
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 2023-06
Resolution 2023-40
1 ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 17.118 OF THE CITY OF NEVADA
CITY MUNICIPAL CODE, RELATING TO PUBLIC ART REQUIREMENTS WHEREAS, the City Council has determined that:
• Public art is a critical element in providing for a diverse and culturally rich environment for Nevada City residents and visitors; and
• Public art fosters economic development and activity and promotes cultural tourism by enlivening the public areas of buildings and expressing the vitality and heritage of the community; and
• The adoption of an ordinance for public art reflects the State of California’s own recognition of the Grass Valley-Nevada City Cultural District as one of only fourteen inaugural cultural districts under state designation, through which public art serves to cultivate our cultural identity, express our values, and create an elevated sense of awareness for community members and visitors; and
• A well-conceived work of art can increase the value of a development project; and • Public art may enhance the revitalization efforts within the 7-Hills District and other portions of the City as the overall image, beauty, and livability of the community are enhanced; and
• The type, condition, and use of public art within the City’s Historical District should be aligned with the existing requirements of construction unique to the Historical District within the Municipal Code; and
• Public art should be required to be integrated into specified new commercial development projects; and
WHEREAS, the City Council desires to establish and maintain public art in the City of Nevada City as outlined in an ordinance adopted for that purpose; 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 Title 14, 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 17- is hereby added to the Nevada City Municipal Code, to read as follows:
Chapter 17- 118. PUBLIC ART REQUIREMENTS
2 17.118.010 - Purpose.
The purpose of this ordinance is to establish clear guidelines, design standards, and procedures for requiring the integration of public art into specified new commercial development projects or onto approved alternative locations on public property, and for allowing the integration of public art into existing projects within the city.
17.118.020 - Definitions.
As used in this chapter:
ART REVIEW AUTHORITY means the City’s Vibrancy Committee, or such other reviewing body as may be established by resolution of the City Council.
ARTIST means a person who has a reputation among his or her peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment, as judged by the design review authority for the project. In determining whether an artist is qualified for a particular project, the design review authority shall consider the following criteria:
A. The artist has demonstrated successful, creative, innovative, and effective approach in comparable projects as that proposed;
B. The artist has proven mastery or skill in at least one artistic medium; C. The artist’s ability to complete the project within a reasonable timeframe as judged by the Design Review Authority for the project; and
D. The artist’s prior experience in producing public art. If an artist does not have prior experience in producing public art, the artist shall be considered qualified if he or she has significant experience working as a professional artist as evidenced by the artist’s exhibit record, critical review, honors, and awards.
CONSTRUCTION COST means the total cost of any development project subject to this section. Calculations shall be based on all aspects of construction and improvement costs, not to include system and operational equipment costs, grading, or sidewalks as declared on all building permit applications. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.
DESIGN REVIEW AUTHORITY means the Planning Commission, unless and until the City Council designates or appoints a different body or subcommittee to serve as the design review authority for public art.
DEVELOPER means the person or entity that is financially and legally responsible for the planning, development, and construction of any development project covered by this section, who may, or may not, be the owner of the subject property. 3 PLANNER means the City’s Planner, or designee.
PUBLIC ART means an original work of a permanent nature in any variety of media produced by an artist that may include sculpture, murals, photography, original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishing, or fixtures permanently affixed to the building or its grounds, or a combination thereof, and may include architectural features of the building such as decorative handrails, stained glass, and other functional features that have been enhanced to be visually appealing. Public art does not include the following:
A. Art objects that are mass produced of standard design such as playground equipment, benches, statuary objects, or fountains;
B. Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect (this shall not preclude the architect from being the artist if such individual meets the definition of “artist” as provided above);
C. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist; D. Directional elements such as super graphics, signage as defined in the Nevada City Code of Ordinances, or color-coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; E. Interpretive programs;
F. Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, print making, or other media arts, specifically commissioned by the City;
G. Existing works of art offered for sale or donation to the City, which do not have an established and recognized significance as public art among arts professionals and art appraisers as determined by the design review authority.
TEMPORARY PUBLIC ART means an original work that meets the criteria of PUBLIC ART, but is designed and intended for installation of 90 days or less.
17. 118.030 – Public Art Fund.
A public art fund is hereby created within the City’s General fund. Public art in-lieu contributions shall be placed into the public art fund and maintained, managed, and reviewed by the Planner. The public art fund shall be used solely to acquire, commission, design, install, place, improve, and maintain public art throughout the City, consistent with the purpose and objectives of this section. A reasonable percentage of the public art fund may be allocated for 4 project administration, management and curatorial services as well as the preservation, maintenance, deaccession, moving, replacement and removal of artworks in the City art collection.
17. 118.040 – Public Art Obligation; Alternatives; Compliance.
A. Public Art Obligation. Developers of nonresidential construction projects for which site plan or design review is required under this Code shall devote an amount of not less than one percent of the construction cost for an approved public art installation. Construction costs, as defined in this section, shall not include any portion of the project that includes system and operational equipment costs, grading, sidewalk repair or reconstruction, landscape installation, or utility facilities. Any developer may submit a request to the design review authority for a less expensive public art contribution provided that developer also submits documentation showing that such a contribution would be prohibitively expensive for project delivery.
B. Alternatives. A developer may choose one of the following options to satisfy his or her public art obligation:
1. Install public art on the project site in a public place as approved by the design review authority. The creator of the public art shall be an artist as defined in this section.
2. Pay an in-lieu fee in an amount equal to one percent of the development project construction cost to the public art fund for the creation, acquisition, and placement of public art in the City. Payment of an in-lieu fee shall be made to the Planner and shall not be subject to further design review authority approval; or
3. Place the required public art on public property in a location approved by the City Council. The public art will be considered a donation to the City.
C. Compliance and Maintenance. Prior to obtaining a certificate of occupancy, the developer shall demonstrate compliance with this chapter by:
1. Completing installation of the required public art that satisfies the provisions of this section and any other conditions specified by the final approving body; or
2. Submitting written proof to the Planner of a contract to commission or purchase and install the required public art that was approved by the design review authority for the development project. A performance security, in an amount and form determined by the Planner, shall accompany such contract to adequately secure performance of the required public art; or
3. Paying the applicable in-lieu fee as outlined in subsection B.(2). 5 4. If public art is placed on private property, the applicant must also execute and record with the county recorder appropriate legal document(s) that require the property owner, successor in interest, and assigns to:
i. Maintain the public art in good condition as required by the City’s public art guidelines; and
ii. Indemnify, defend, and hold the city and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the city attorney; and
iii. Maintain liability insurance, including coverage and limits as may be specified by the city’s risk manager; and
iv. Allow the City access to the public art to perform maintenance or removal at the property owner’s expense in the event the public art is not maintained in good condition.
17. 118.050 -Exemptions.
The following development projects are not subject to the requirements of this chapter:
A. Repair or reconstruction of structures that have been damaged by fire, flood, wind, earthquake, or other calamity;
B. Historic rehabilitation and/or preservation projects; C. Seismic retrofits or flood protection work performed on existing buildings and structures that do not otherwise qualify as new construction projects; D. Fire sprinkler installation work items as defined in Chapter 8.30 of the Nevada City Municipal Code as part of an existing project;
E. Solar or other renewable energy installation and energy efficiency upgrades as part of an existing project;
F. Tenant improvements that do not add additional usable space within a building and that do not exceed $300,000 in construction cost.
17. 118.060 – Public Art for Developed Sites.
The property owner of a developed site may install public art on that site, subject to successfully completing the public art review and approval process in this chapter. Processing fees collected for review of such proposed public art shall be deposited into the public art fund.
17. 118.070 – Public Art Locations.
6 Public art shall be located outside on an area of private property approved by the design review authority. In its discretion, the design review authority may approve a location that is more or less visible to the public, or multiple locations on a site to allow public art to be moved from time to time.
17. 118.080 – Public Art Standards.
A. Public art shall comply with the standards set out in the Municipal Code for architectural review and design review. In particular, mounting; fencing; framing; and any related support materials shall be consistent with adjacent buildings.
B. Public art to be located in the Historical District shall be consistent with design standards applicable to that district, in particular the content and time period otherwise established for the district or the area’s indigenous history before the City’s incorporation.
C. No public art installation shall interfere with the use of buildings, facilities, pedestrian access, or public safety.
17. 118.090 – Public Art Review and Approval Process.
The process for review and approval of public art is as follows:
A. Pre-application Proposal. The developer informally submits the proposed public art, project site plan, and draft visual impact drawings to the Planner.
B. Meeting With Staff. The developer meets with staff to review the proposal, development requirements, and design and location standards for the type of public art proposed.
C. Completed Application. The developer files a complete application with the Planner. A complete application contains:
1. A vicinity map or site plan depicting the proposed public art installation location and dimensions.
2. Photographs and/or elevations of the buildings located on site or those approved for development on-site.
3. Material samples, color boards, photo simulations, or other graphic illustrations necessary for the design review authority to determine potential visual impact of the proposed project, and the public art’s style, scale, and design as compared to the project and surrounding buildings. The visual representation shall show the proposed public art as it would be seen from surrounding properties from various perspectives.
4. The proposed artist’s qualifications.
5. A written agreement executed by or on behalf of the artist who created the public art which expressly waives the artist’s rights under the Federal Visual Artists Rights Act, 7 California Art Preservation Act, and any other applicable law or right protecting the integrity of works of art.
6. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs.
7. Written permission from the property owner for location of the public art.
8. A maintenance plan for the public art together with the property owner’s agreement to be responsible for maintenance as provided in this Chapter.
9. Such processing fees as may be set and amended from time to time by resolution of the City Council.
10. A proposed lighting plan for the public art.
11. Such other information as the Planner may reasonably require to review the application.
D. Staff Review of Completed Application. Staff will review a completed application for public art to verify compliance with public art standards as set out in this chapter, and then schedule the application for review by the Art Review Authority and Design Review Authority or City Council, as applicable. Staff will coordinate reviews with review of the developer’s overall project, where applicable.
If public art not otherwise meeting this chapter’s criteria for permanent installation is proposed for installation of 90 days or less, staff will schedule the application for review and approval by the City Council. The decision of the Council shall be final.
E. Review and Recommendation of Art Review Authority. The Art Review Authority shall review works proposed for installation for compliance with the definition of public art in this chapter, and shall make its recommendation to the Design Review Authority.
F. Review and Approval by Design Review Authority; Appeals. The Design Review Authority shall review and approve with conditions, or deny, public art installations proposed on private property; specifically:
1. The Art Review Authority’s recommendation;
2. Proposed location, dimensions and materials of a proposed public art installation;
3. Staff’s recommendation as to compliance with public art standards of this chapter;
4. The application submitted by the developer;
8 5. Other evidence submitted for consideration.
The decision of the Design Review Authority shall be final unless appealed to the City Council in accordance with Section 17.88.050.
G. Review and Approval by City Council. The City Council shall review and approve with conditions, or deny, public art installations proposed on public property; specifically:
1. The Art Review Authority’s recommendation;
2. Proposed location, dimensions and materials of a proposed public art installation;
3. Staff’s recommendation as to compliance with public art standards of this chapter;
4. The application submitted by the developer;
5. Other evidence submitted for consideration.
The decision of the City Council shall be final.
H. Required Findings: In rendering its decision, the Design Review Authority or City Council shall make the following findings, or state that the findings cannot be made:
1. The proposal meets or exceeds the criteria of the ordinance and is consistent with the General Plan and applicable land use designations.
2. The public art is consistent and compatible in its size, design, and appearance with the development and design of the proposed project and surrounding structures and neighborhood.
3. The maintenance plan is sufficient to provide that the public art will be adequately maintained so as to ensure and preserve its purpose as a permanent piece of public art in the City.
17.118.095 – Temporary Public Art Review and Approval Process.
The process for review and approval of temporary public art is the same as that for public art on public property under 17.118.090(G), with the following exceptions:
A. The requirement of 17.118.090.C.8 to submit a maintenance plan and property owner agreement to be responsible for maintenance does not apply.
B. The decision of the City Council shall be final.
C. The required finding of 17.118.090.H.3 does not apply.
17. 118.100 – Ownership of Public Art.
9 A. All public art placed on the site of an applicant’s project shall remain the property of the property owner; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.
B. Maintenance of public art, as used in this section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City; protection of the public art against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City’s risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the city, requiring maintenance of the public art. Failure to maintain the public art as provided in this section is declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the city may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property.
D. All public art donated to the City shall become the property and responsibility of the city upon installation and acceptance by the City Council.
17. 118.110 – Removal or Alteration of Public Art.
A. Public art installed on or integrated into a construction project in compliance with the provisions of this section shall not be removed or altered without the approval of the Planner.
B. If any public art provided on a development project in compliance with the provisions of this section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project’s original public art requirement to the city’s public art in-lieu account or replace the removed artwork with one that is of comparable value and approved by the Planner. If this requirement is not met, the occupancy permit for the project may be revoked by the Planner upon due notice and an opportunity to be heard. The city may, in addition, pursue any other available civil or criminal remedies or penalties.
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 appendices 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.
10 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.
Introduced at a regular meeting of the City Council on the 13th day of July, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
Passed and approved at the regular meeting of the City Council on the 27th day of July, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
11 __________________________
Daniela Fernández, Mayor
ATTEST:
_____________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney
City of Nevada City
PUBLIC ART POLICY
Draft Vibrancy Review 5-25-2023
1 | Page
Sections:
A. Purpose
B. Scope
C. Applicability
D. Definitions
E. Procedures
1. Process for City Planned, Initiated, or Commissioned Public Art
2. Process for Community Member, Group or Artist Initiation of Public Art
3. Public Art Selection Criteria
4. Process to Approve or Accept Public Art
5. Public Art Removal/Deaccessioning
A. Purpose
The purpose of this policy is to establish uniform guidelines and procedures through which the City of Nevada City can commission, consider, approve, or reject publicly accessible visual art on public property and also accept or reject gifted artwork. All Public Art on City Owned or Controlled Property is Government Speech/Property and it is the policy of the City of Nevada City to commission, accept, reject, maintain, and remove Public Art on City Owned or Controlled Property consistent with the procedures outlined below.
Public Art should reflect one or more of the following:
• represent the diverse social, cultural, and historical values of the City; • contribute to quality of life and economic vitality;
• be thought-provoking, memorable, and enduring;
• provide opportunities for education and learning, and encourage civic pride; add value to the community and represent the City, as determined by the City Council.
The City endeavors to utilize local artisans or its local network of non-profits affiliated with or involved in the arts when soliciting artists for City Planned, Initiated, or Commissioned Public Art programs or projects. Additionally, the City will utilize its connections with local schools and colleges when launching planned Public Art to engage the diverse local youth population and generate interest.
B. Scope
This Policy provides procedures for City responsibilities including the promotion, commission, submission, evaluation, acceptance, or rejection of Public Art, and the installation, maintenance, and if necessary, removal or deaccession of Public Art on City-owned or controlled property. The City Manager is authorized to create and maintain an Implementation Manual for Art in Public (iMAP) to further detail the process by which the City will adhered to the procedures set forth in this policy. The iMAP should be a work of creative expression developed in coordination with the Art Review Authority and community input.
City of Nevada City
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C. Applicability
This policy applies when Public Art is proposed to be located on City owned or controlled property that is viewable from the public right-of-way or other public property. The policy does not apply when public art is provided pursuant to Chapter 17.118 of the Nevada City Code of Ordinances.
D. Definitions
1. Agreement, Art Commissioning/Purchase – An agreement between the City and an artist providing for, among other things, the terms and conditions of payment or purchase and installation of Public Art, and expressly waiving the artists’sartists’ rights under the California Art Preservation Act and other applicable law.
2. Agreement, Public Art – An agreement between the City and a Public Art donor, property owner, or artist to establish terms and conditions of donation, acceptance, and other terms for donated Public Art on public or private property.
3. Art Review Authority – A committee, taskforce, or commission designated by City Council resolution to exercise specific functions under this policy or the City Public Art Ordinance.
4. Community Member, Group, or Artist Initiation of Public Art – Public Art proposed by any person or group other than the City of Nevada City. May include Public Art proposed as Donated Public Art or Public Art proposed to be paid for in whole or in part with City funds.
5. City Owned or Controlled Property – includes all real property owned in fee or easement by the City (including City streets/rights of way), all property leased by the City and all private property subject to a Public Art Agreement with the City.
6. City Planned, Initiated, or Commissioned Public Art – Permanent or Temporary Public Art that is either solicited by the City (such as through a Request for Proposals/Call for Artists or contest) as part of a Council-approved Public Art program or project initiative or planned as part of a City Public Works Project, and is paid for in whole or in part by City funds or City-obtained grant funding.
7. Donated Public Art – Privately initiated Permanent or Temporary Public Art, which is paid for by sources other than the City. Does not include Public Art paid for in whole or in part by City funds including City-obtained grant funding.
8. Murals – Singular works of art or expression in which all text, graphics, and design elements are related to the artistic design and/or expression.
9. Permanent Public Art – Installations for which there is no established date or timeframe by when the art is to be removed and for which the installation has a long-term complementary relationship with the surrounding environment and constructed or City of Nevada City
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composed of a material shown to be durable against vandalism, theft, and weather which requires a low level of on-going maintenance.
10. Public Art – Any visual work of art or expression of any type, including, but not limited to, murals, paintings, sculptures, monuments, mosaics, memorials, works or designs in any medium commissioned or approved/ accepted by the City and displayed in a publicly visible and/or accessible location on or within City Owned or Controlled Property. All Public Art is Government Speech/Property.
Public Art is the creative result of an individual or group effort and is typically either original or of limited-issuelimited issue in nature as opposed to mass-produced or intended primarily for a commercial market. Public Art includes works of a permanent or temporary nature.
11. Public Art Selection Criteria – The established set of criteria to be considered for City Planned, Initiated or Commissioned Public Art or Donated Public Art as set forth in Section E hereof or other criteria as established by the City Council when establishing the process for a specific Public Art Selection.
12. Temporary Public Art – installations with an established date or timeframe by when the art is to be removed, often including ease of removal among the primary considerations.
E. Procedures
The following procedures apply to the initiation and review of either City-initiated or privately initiated Public Art; and the selection criteria, process for approval/acceptance and process for removal/deaccessioning of Public Art.
1. Process for City Planned, Initiated, or Commissioned Public Art:
a. Develop planned or commissioned Public Arts programs/projects through collaboration between City staff / Art Review Authority (ARA) considering Public Art Selection Criteria contained herein.
b. Include consideration for planned or commissioned Public Arts programs/projects within City budgetary cycles to serve as framework for launching new, funded artwork projects.
c. Manage public process involving artist/artwork commissioning, solicitation, review, and recommended selection(s) through ARA.
i. Specific parameters for commissioning/soliciting artists and artwork shall be determined and established at the time the program/project is developed and may include Request for Proposals (RFPs), Request for Qualifications (RFQs), invitational competitions, open competitions, or direct selection. d. Public Art which is paid in whole or in part with City funds (including grants) shall be subject to an Art Commissioning/Purchase Agreement between the City and the artist.
City of Nevada City
PUBLIC ART POLICY
Draft Vibrancy Review 5-25-2023
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2. Process for Community Member, Group, or Artist initiation of Public Art – unsolicited proposals for permanent or temporary Public Art
a. Individual proposals for permanent or temporary Public Art not initiated by the City shall first be submitted to the City Planner on behalf of the ARA for initial review for consistency with the Public Art Selection Criteria set forth in Section 3, below.
Proposals shall include the following details:
i. Depiction of Artwork (Drawing/Picture)
ii. Description of Artwork/Media
iii. Artist biography
iv. If proposed for donation, statement of reason for donation, approximate value of donation, and conditions attached to donation
v. If proposed for artist commission/payment, proposed compensation to artist and identification of any non-City funding source(s); not applicable to volunteer projects
vi. Specifications and dimensions
vii. Materials and finishes
viii. Colors
ix. Electrical/Plumbing requirements (if applicable)
x. Construction/Installation/Removal methods
xi. Ongoing maintenance plan
xii. Total budget
xiii. Proposed Location/Site Plan, which shall include provisions for the following:
1. Visibility
2. Lighting
3. Public safety
4. Impact to facility and programs
5. Traffic and traffic control
6. Relationship to facility, architecture, or natural setting, as applicable
7. Identification of known future development plans of facility and area
8. Anticipated impact on community and neighborhood
xiv. If a donation or on private property, a separate Public Art Agreement will be required
xv. Indicate whether installation is permanent or temporary and proposed timelines for installation. If installation is temporary, also provide proposed timeline for removal.
xvi. Description of any applicable deadlines or time constraints (e.g.: grant deadline, event date, etc.)
xvii. Ongoing maintenance plan
xviii. Other information as set forth in the proposal form b. Qualifying proposals as determined by the City Planner based on completeness of application details as outlined in Section 2 a above, and the Public Art Selection Criteria as set forth in Section 3 below, will be forwarded to the ARA for further City of Nevada City
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consideration. The City Planner will notify the proposer in writing of the ARA’s decision to either move the proposal forward in the process or to reject the proposal. c. Qualifying proposals determined by the City Manager to warrant expedited review will be forwarded to the ARA with that distinction and considered by the ARA as soon as reasonably possible (e.g.: special meeting) for a recommendation prior to submission to the City Council for action.
d. Proposed permanent or temporary donations, if approved and/or accepted by the City Council and installed on City property pursuant to a Public Art Agreement, are understood to be the property of the City. A Public Art Agreement shall include a waiver of the artist’s rights arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Installation, location, timeline, ongoing maintenance, removal and insurance specifications (among other things) shall be included in the Public Art Agreement.
e. Public Art which is paid in whole or in part with City funds (including grants) shall be subject to an Art Commissioning/Purchase Agreement between the City and the artist.
f. Public Art which is proposed to be donated shall be subject to a Public Art Agreement with the City.
3. Public Art Selection Criteria – When considering planned or proposed Public Art, the following selection criteria shall be considered:
a. Accessibility and Visibility – is the proposed site visible and accessible to the general public?
b. Aesthetics – is the proposed Public Art deemed to be of aesthetic value? c. Cost – what fiscal resources will be required to secure, install, complete and, if necessary, remove the proposed Public Art? What funding sources are available? (e.g. the City’s General Fund, donation, grant funding, other sources)? d. Cultural/Historic/Social Theme and Relevance – does the proposed Public Art reflect the diverse cultural, historic, or social values of the Nevada City community?
e. Durability – will the proposed Public Art be reasonably resistant to weather, damage, degradation, vandalism, or theft?
f. Environmental Impacts – will the proposed Public Art result in any adverse environmental impacts?
g. Maintenance/Operational Impacts – will the proposed Public Art require ongoing maintenance and departmental oversight (i.e. Public Works, Police, Recreation City of Nevada City
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resources)? If so, what funding is available for ongoing maintenance and oversight?
h. Public Safety and City Liability – will the proposed Public Art be free of unsafe conditions or factors when properly secured and/or installed to ensure public safety and limit factors which may relate to City liability exposure? i. Quality – is there inherent quality in the proposed Public Art? j. Style – is the proposed Public Art compatible with the planned site (physical dimensions, social dynamics, local character, and surrounding context) and appropriate in terms of scale, form, content, and the environment? k. Technical Feasibility – is there confidence in the artist’s ability to successfully complete the proposed Public Art?
Notwithstanding the preceding, the City retains the sole and absolute right to approve or reject any and all proposed Public Art in the City Council’s sole and absolute discretion.
4. Process to Approve or Accept Public Art – Public Art proposals will be approved through a public process. Following review by the ARA, all Public Art shall be forwarded to the City Council for review and possible approval and/or acceptance.
5. Public Art Removal/Deaccessioning – The City reserves the right to remove or deaccess Public Art at its sole and absolute discretion.
a. The following may be grounds for the In deciding whether to remove or deaccess City to remove Public Art from City-owned or controlled property, the City may, but is not required, to consider:
i. The physical or structural condition of the Public Art presents a threat to public safety.
ii. The Public Art requires or is anticipated to require excessive maintenance as determined by the Public Works Director or his/her designee. iii. The Public Art has faulty design or workmanship, and repair or remedy is impractical or unfeasible.
iv. The Public Art has been damaged or the quality of the Public Art has eroded over time and repair or remedy is impractical or unfeasible. v. A piece of the Public Art was stolen from its location and cannot be retrieved.
vi. The condition or security of the Public Art cannot be reasonably guaranteed. vii. Significant changes in the use, character or design of the site have occurred which affects the integrity of the Public Art.
viii. Significant, adverse public reaction to the Public Art has continued unabated over an extended period of time.
ix.viii. Removal is requested by the artist or donor.
x.ix. The City Council has determined that it is in the best interest of the City to remove the Public Art.
City of Nevada City
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b. Disposition of any deaccessioned Public Art shall be handled in accordance with the requirements of Civil Code Section 987 and where applicable, the City’s procedures governing the disposition of surplus property.
RESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA
ESTABLISHING A FEE SCHEDULE FOR PUBLIC ART APPLICATIONS WHEREAS, the City Council adopted a Fiscal Year 2023-2024 Citywide Master Fee Schedule at their regular meeting on June 14, 2023; and
WHEREAS, the City Council held a first reading on July 13, 2023, on an Ordinance for Public Art Requirements, Ordinance 2023-06, to establish public art policy and regulations; and WHEREAS, the fees set forth below, are in addition to the established 2023-2024 Citywide Master Fee Schedule, to include fees to cover costs associated with public art applications and are reasonable and accurate estimates of the costs to the City of Nevada City for providing these services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the following fees are hereby approved, adopted and shall be collected as required by Ordinance 2023-06:
1. The public art in-lieu fee shall be 1% of the development project cost payable to the public art fund
2. The public art application fee shall be $750
3. The temporary public art application fee shall be $225
4. The temporary public art application fee when submitted in conjunction with a City Special Event application shall be $100
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 13th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Daniela Fernández, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
PH PUBLIC ART ORDINANCE - Page 2 of 2
From: Eliza
To: Public Comment
Cc: Sean Grayson; Doug Fleming; Daniela Fernandez; Adam Kline; [email protected] Subject: Public Comment for Planning Commission Meeting on June 15th Date: Tuesday, June 13, 2023 3:59:29 PM
Attachments: image001.png
Importance: High
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Honorable Commissioners,
Nevada County Arts Council is pleased to support the adoption of an ordinance for public art in Nevada City, but requests that in the final version the ordinance includes reference of Nevada City’s special status as a state-designated California Cultural District. It is important that public documents acknowledge this special standing, and it allows us, as a partner with the City of Nevada City, to properly celebrate these decisive moments, and – importantly – report on them to the California Arts Council as evidence of our growing, developing District.
Our recommendation is to add the following bullet point under the first paragraph, and for the Planning Commission to recommend this addition to Council, as so:
WHEREAS, the City Council has determined that:
The adoption of an ordinance for public art reflects the State of California’s own recognition of the Grass Valley-Nevada City Cultural District as one of only fourteen inaugural cultural districts under state designation, through which public art serves to cultivate our cultural identity, express our values, and create an elevated sense of awareness for community members and visitors; and
Public art is a critical element in providing for a diverse and culturally rich environment for Nevada City residents and visitors; and
Public art fosters economic development and activity and promotes cultural tourism by enlivening the public areas of buildings and expressing the vitality and heritage of the community; and
A well-conceived work of art can increase the value of a development project; and Public art may enhance the revitalization efforts within the 7-Hills District and other portions of the City as the overall image, beauty, and livability of the community are enhanced; and The type, condition, and use of public art within the City’s Historical District should be aligned with the existing requirements of construction unique to the Historical District within the Municipal Code; and
Public art should be required to be integrated into specified new commercial development projects; and
Many thanks to staff, councilmembers and commissioners for your amazing ongoing work.
Warm regards,
Eliza Tudor
Eliza Tudor (she/her/hers)
Executive Director – Nevada County Arts Council
Board Member – Californians for the Arts & California Arts Advocates (530) 718 0727 | [email protected] | nevadacountyarts.org
UPSTATE CALIFORNIA CREATIVE CORPS
FIRE SEASON RESOURCES FOR OUR CREATIVE COMMUNITY
CULTURAL & RACIAL EQUITY AT NEVADA COUNTY ARTS COUNCIL
From: Pamela Meek
To: [email protected]; [email protected]; [email protected]; Amy Cobden; Peter Van Zant
Cc: Lisa McCandless
Subject: Art Ordinance Program
Date: Thursday, June 15, 2023 10:45:15 AM
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Dear City Planning Commissioners,
I strongly urge you, for the following reasons, to exclude the Historic District in the Art Ordinance Program.
The risk of a proliferation of visual clutter that detracts from decades of maintaining our historical distinctiveness, makes it imperative that we don't fall victim to passing trends. These will merely echo what is seen in every other town.We have made every effort to not yield to the pressures of becoming just another "Any Town, USA".
Authenticity will always outshine and outlast the results of following the latest craze. Embellishment for the sake of such rings hollow in a town of Nevada City's "inherited" identity. The quality of our shops contributes to the town's "artfulness" through their creative window displays, eg JJ Jackson's. Focus energy on attracting more businesses. This alone will result in increased visitors and greater tax revenue.
As a side note, prioritizing further attention and removal of sidewalk A-frames, modern neon signage, after business hours interior lighting and banner signs is warranted in light of the ever increasing number of all three of these unpermitted and inappropriate uses.
I have confidence that our elected and appointed city decision makers will uphold and, only if necessary, further clarify the existing guidelines and ordinances in support of holding on to our unique character.
Entrust the current and future Planning Commissioners to have consistent, informed oversight going forward.
Thank you for the work you do and for your continuing protection of the true Nevada City.
Pamela Meek
526 Nevada Street
95959
530-913-5252
Memo to: Nevada City Council Members
From: Stuart Baker, Executive Director
Date: June 20, 2023
RE: Chamber Position on the Nevada City Draft Public Arts Ordinance On June 19th the Nevada City Chamber reviewed and discussed the proposed Public Arts Ordinance for the City of Nevada City. Below is a summary of the Chamber’s position on the ordinance along with proposed recommendations from the Chamber.
1. The Chamber supports the overall ordinance.
The City of Nevada City has been without public art guidance for far too long. We believe that public art--when executed correctly--can be a powerful driver for both economic activity and civic pride. Providing a fair and public process for art approval is essential for maintaining community cohesion.
2. The Chamber believes strongly that this ordinance will foster place-making in the Seven Hills District.
Seven Hills is an ideal location for the incorporation of public art. It is unencumbered by the restrictions of the Historical District ordinance and is primed for the place-making opportunities that public art has the potential to provide.
3. The Chamber believes that it is important to include direction on temporary art, even though it is covered in other sections of the city code.
There is currently no language in the ordinance directly addressing temporary public art. We believe that the inclusion of temporary art in the Downtown has the potential to be more creative and bolder, without creating opposition that permanent art may provoke. Furthermore, from the tourism-promotion perspective, temporary art has the potential to create social media buzz, in the same fashion that the Burning Man festival does--to a smaller degree. Temporary art will also benefit Seven Hills. Including language of temporary art will make it easier for artists to access the information required to participate in temporary art installation.
4. The Chamber discussed the issue of having murals in the downtown. Some believed that they could negatively impact the historic aesthetic, while others felt that we should be supporting any opportunity to display public art and support artistic expression.
Some board members felt that murals should not be discounted as an opportunity to enliven the downtown streetscape. Others felt that as they grab a lot of attention, they have the potential to overpower the downtown’s simple aesthetic, distracting attention from the historic structures in the historic district. We all agreed that it would be worth the time to be more careful and intentional in locating and approving murals in the downtown. We also agreed that there are only upsides to having murals in Seven Hills.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 06
Subject: Consideration of an Extension of Time Request for Filing of a Final Map for the Project Known as “The Grove” Off Providence Mine Road, Nevada City, California
From: Lisa McCandless, Interim City Planner
Sean Grayson, City Manager
Date: July 1, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the extension of time for The Grove tentative subdivision final map, the use permit accommodating the Planned Unit Development proposal, and the Architectural Review approval, subject to the Conditions of Approval as previously approved.
ISSUE STATEMENT AND DISCUSSION:
The applicant, Robert Upton, applied for a Tentative Final Map relative to the subdivision known as The Grove and received City Council approval on June 9, 2021. The project had previously been approved and expired and the applicant re-applied and received approval on that date in 2021. A request for an extension of time was submitted to the City Planner on April 26, 2023.
EXTENSION REQUEST
Property owner and applicant, Robert Upton, is requesting a two-year extension of his tentative map entitlement, use permit, site plan, and associated architectural review approval for The Grove subdivision.
Upton has provided a statement which provides some context for the circumstances leading to his request for a time extension which is attached. Also attached is a letter from the applicant that was provided to City Council as a status update for the Project on March 1, 2023. Staff had initially prepared the request as a ministerial staff level approval under a provision of the government code. Staff transmitted an approval letter to the applicant in in May of 2023 but in June of 2023 it was determined that the provision contemplated did not apply to the request and that City Council approval would be required for the extension of time request. The applicant was notified of the error and scheduling of this meeting. The applicant submitted a timely extension of time request and although the two-year term of the map approval ended on June 9, 2023, the government and municipal codes allow for a 60-day period of time for the jurisdiction to review and approve and/or deny the application. The application will not expire if the City Council chooses to approve the extension of time request and an additional two-year approval ending June 9, 2025, will be applied to the tentative final map.
FINANCIAL AND/OR POLICY IMPLICATIONS:
All financial responsibility pertaining to map recordation is that of the applicant and there is no financial burden to the City for granting a map extension. The applicant has submitted the $200 fee as required with the extension request application.
A two-year extension granted by the City Council is permissible at the City Council’s discretion even though it is not expressly permitted under our subdivision standards, based on Sections 16.04.910 and
16.04.380 of the City Municipal Code, allowing Council to conditionally grant requests by subdividers, so long as the request does not violate the Subdivision Map Act. In this case, the Map Act §66452.6(e) states that a legislative body may grant extensions, not exceeding 6 years, while our local code limits extensions to two years. The City Council therefor may consider the request under the provisions of the Municipal Code but is not required to do so.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community Engagement and Communications.
ENVIRONMENTAL CONSIDERATIONS:
Pursuant to Resolution 2021-24, the City Council adopted an Addendum to a Mitigated Negative Declaration (MND) for this project. The Extension of Time request would apply to the previously adopted MND as there has been no new information presented that suggests additional impacts related to the subdivision.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Extension of Time form and Applicant Statement
Status Letter to Council March 2023
2021 Approval with Conditions of Approval and Mitigation Measures
CITY OF NEVADA CITY
PLANNING DEPARTMENT
317 Broad Street
Nevada City, CA 95959
(530) 265-2496
Filing Fee: $ 200.00
REQUEST FOR AN EXTENSION OF TIME
Extensions of time for tentative maps and other land use permits can be requested pursuant to County or State codes but they are not automatic – specific findings must be made in order to approve an extension, including zoning and General Plan consistency. Extension Requests must be filed with the Planning Department prior to the expiration date of your project.
Please type or print legibly in black ink
Site Address: _______________________________________ APN# _______________ Date of Approval: _________________ Date Approval Expires: _________________ Name of Applicant: ______________________________________________________ Mailing Address of Applicant: _____________________________________________ Telephone #: ___________________________ E-Mail: _________________________ Name(s) & Address(es) of Property Owner(s): ________________________________ ________________________________________________________________________ Name & Address of Representative: ________________________________________ Telephone #: _________________________ E-Mail: __________________________ Street Address of Subject Property: ________________________________________ Reason Extension of Time is needed (be specific; if adequate justification is not provided your request can be denied): ________________________________________ _______________________________________________________________________ _______________________________________________________________________ Signature of Applicant: _______________________________ Date: ______________ Note: If the applicant is not the property owner, a Letter of Authorization is required.
Nevada City Tech Center LLC
12555 Dunbar Road
Glen Ellen Ca 95442
415 298 8633 [email protected]
same as applicant
Robert Upton
415 298 8633 [email protected]
We have been unable to secure financing or partner to
construct the project.
4 26 2023
500 Providence Mine Road, Nevada City
5 20 21 5 20 2023
500 Providence Mine Road, Nevada City
005 190 069
PO Box 1613, Glen Ellen, Ca 95442 phone 415 298 8633
[email protected]
March 1, 2023
Mayor Doug Fleming ,
City of Nevada City
317 Broad Street
Nevada City, Ca 95959
The Grove Residential Site
Nevada City Tech Center
Dear Mayor Fleming and Members of Nevada City City Council, City Planner Amy Wolfson has requested that I provide you with an update on our residential project, The Grove at Nevada City Tech Center, which I am happy to do in this letter.
The Tentative Map for the Grove was approved by the City as a 59 lot subdivision in June 2021. We have completed Improvement Plans and a draft Final Map and with some minor additional work to these documents the project is ready to move forward.
We are not home builders and has always been our plan to secure these approvals and find a builder to complete the project. This has proved to more difficult than we anticipated.
The Grove is part of the Nevada City Tech Center commercial project but with separate access from the extension to Providence Mine Road which is a public street that runs down to Deer Creek. There is currently a locked gate at the top to control vehicular traffic, this would be removed.
The approved plan is in two parts. A first phase of larger lots generally utilizing an existing graded bench running above Providence Mine Road. These would most likely be custom lots to be sold to owner builders or builders of one or two homes. The second phase of 44 ‘clustered lots’ uses the same access from Providence Mine Road to the south of the first phase. It has a loop road accessing 12 single family and 32 townhome lots.
The site has many positive features:
- It is walkable to employment in the Tech Center.
- It is walkable to two schools.
- It is walkable to Seven Hills Business District.
- It is walkable to downtown
- It has access to the trail system and Deer Creek.
- It is in Nevada City.
- It has all City services and good cell and internet connectivity. - It has a great feel of being rural and in the trees yet with above advantages.
PO Box 1613, Glen Ellen, Ca 95442 phone 415 298 8633
[email protected]
The challenges we have had in finding the right group to build out the project include:
- The project has two distinct product types, the 15 ‘custom’ lots and 44 ‘clustered’ lots. Most builders focus on one product or the other, relatively few will take on both.
- Construction costs generally have risen dramatically particularly in the last three years. This is particularly true of the sitework and infrastructure costs that we are currently reevaluating and which have probably doubled. - One particular cost item is the sewer lift station needed to pump the sewer up through the commercial lots so it can gravity down to the City treatment plant. - The topography although not extreme by Nevada County standards is challenging (costly) for a project of this type.
- The project is too large for most local builders. It is therefore necessary to bring in a builder who is prepared to handle the logistics and who may see Nevada City as a secondary market.
- Although sales prices have increased significantly they have not increased enough to offset the increase in construction prices.
We are currently exploring some different approaches to the project that we hope will help us address these issues. The market for commercial land is very difficult and we do nto see the opportunity for further office buildings in the near future. We are pursuing other more creative possibilities which if successful would make the residential opportunity more attractive. In particular you are aware that we are one of the short listed sites for the relocated Courthouse and if we are successful this would have a huge benefit not only to us but to the entire Seven Hills business District.
I hope this information is helpful to you and I am happy to respond to any further questions you may have.
Sincerely,
Robert Upton
For Nevada City Tech Center
THE GROVE FINAL MAP
Recommended Mitigation Measures and Conditions of Approval (Tentative Map, Rezone, Use Permit, Site Plan)
Recommended Mitigation Measures
1. AESTHETICS:
Mitigation Measure 1-1. A Tree Removal/Mitigation Plan shall be submitted by the Applicant prior to any site disturbance work. The plan shall be complete and include all information on the trees (location, species, size, etc.). The plan shall be submitted to the City Planner for staff review and for use in reviewing the progress of the two permits (THP and city tree removal permit).
Mitigation Measure 1-2. Trees removed that are diseased or otherwise removed for forest health and fire safety as a result of the THP shall not require replacement. The removal of these trees is viewed as a mitigation to enhance overall forest health and fire safety on-site, as well as on adjoining lands. The licensed forester shall map those trees that are removed for enhanced forest health (spacing criteria, insect infested or threatened and for fire safety). All other trees removed as part of the THP to accommodate the project improvements shall be mitigated per MM 1-1, 1-3 and 1-8.
Mitigation Measure 1-3 – No trees shall be removed from the future 15 single-family lots and the phase 2 development project area as part of the THP unless said trees are diseased or are needed to be removed to accommodate proper spacing and or fire safe requirements. Trees may be removed for the streets, drainage, utilities, and basic subdivision infrastructure.
Mitigation Measure 1-4 – The Tree Removal/Mitigation Plan shall be reviewed and approved by City Staff, including the City Planner, City Engineer, and the City Fire Chief.
Mitigation Measure 1-5 – The City Planner shall provide an informational report to the Planning Commission on a monthly basis as to the progress of the work on site associated with the DTSC/RAW work and the Timber Harvest Plan.
Timing for MM 1-1 through MM 1-5: The tree protection/mitigation plan shall be prepared prior to any on-site site disturbance including the THP and RAW.
Responsibility: Project applicant, forester or landscape architect and reviewed and approved by City Planner and City Engineer.
Mitigation Measure 1-6 – The applicant shall submit a detailed Landscaping Plan and Tree Removal Plan for approval by the Planning Commission. The Landscaping Plan including an irrigation plan and planting details, shall provide compliance with Zoning Conditions and Mitigations Measures 2 of 34
The Grove Final Map
Ordinance Section 17.80.070(D) requiring at least half of the trees and plants be native and/or drought resistant.
Mitigation Measure 1-7 – The Landscaping Plan shall include a detailed plan for replacement of the trees to be removed. replacement can be accomplished through on-site or off-site planting, donated to the Bear-Yuba River Land Trust or other environmental organization doing restoration work in the County of Nevada or through funds donated to the City’s Tree Preservation Fund (Section 18.01.070). The applicant can work with City Staff (City Planner, Finance Director, and City Engineer) to determine an appropriate equation for funds to be placed in the Tree Preservation Fund. On-site replacement shall be the preferred method of mitigation, followed by a donation to the City’s Tree Preservation Fund.
Mitigation Measure 1-8 -- All other trees removed to accommodate the development of the two phases shall replace trees removed in accordance with the following formula:
a. Each type of tree removed shall be replaced with an identical species, or as determined to be suitable by the Planning Commission, either on-site, off-site or through funds donated to the City’s Tree Preservation Fund (Section 18.01.070) on an inch for an inch basis in excess of the cumulative DBH for the tree species listed on the Protected Tree table in Section 18.01.030. As an example, if a 12” oak is removed, each inch over 3” shall be replaced per Section 18.01.030. b. Any “Additionally Protected Tree” pursuant to Section 18.01.036. A tree removed in excess of 14” shall be replaced on an inch for inch basis.
Mitigation Measure 1-9 -- The tree replacement plan shall not require replacement of trees within the R3-PD zoned portion (Lots 36 through 59) of the project unless trees are removed in the road buffer area (Road A) or within the buffer area at the intersection of Providence Mine Road and Road A.
Mitigation Measure 1-10 – No trees shall be removed on the 15 single-family lots until such time as a building permit is issued by the Nevada County Building Department (Section 18.01.060). A deed restriction or supplemental information data shall be placed on each lot as part of the final map.
Mitigation Measure 1-11-- No trees may be removed from land within the second development phase, unless approved as part of the Timber Harvest Plan per MM II-1, and tree removal permits pursuant to Section 18.01.060 of the City Municipal Code have been approved by the City Planner.
Mitigation Measure 1-12 – Prior to any issuance of a Certificate of Occupancy, the applicant shall submit a letter from a licensed landscape architect/contractor, certifying that the landscaping and irrigation system has been installed in accordance with the approved plan (Section 17.80.050(D).
Conditions and Mitigations Measures 3 of 34
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Mitigation Measure 1-13 – No grading and tree removal beyond that as authorized for improving forest health as provided in the THP in the Phase 2 development area shall occur until such time that the site is ready to develop and a grading permit is issued.
Timing for MM 1-6 through MM 1-13: The final landscape plan and tree protection/mitigation plan shall be prepared prior to any on-site site disturbance including the THP and RAW. Deed restrictions or supplemental data notes shall be placed on each lot requiring an approved building permit prior to any tree removal
Responsibility: Project applicant, forester or landscape architect and reviewed by City Planner and City Engineer and approved by the Planning Commission.
Timing: Included as a note on the deed and the final recorded map for the large parcel reflecting the second development phase for the 42 clustered dwelling units.
Responsibility: Project Engineer and reviewed and verified by City Planner.
Responsibility: Project applicant, biologist or designee and reviewed and approved by City Planner.
Mitigation Measure 1-14 – Exterior lighting shall not extend higher that eight (8) feet off the ground and all light fixtures shall be shielded and directed downward to avoid light spill onto Road A and the access road (Providence Mine Road) into the Tech Center.
Timing: Included as a part of grading and improvement and landscape plans.
Responsibility: Project Engineer, landscape architect and reviewed and verified by City Planner and City Engineer.
AGRICULTURAL AND FOREST RESOURCES
Mitigation Measure II-1 The licensed forester retained to prepare the THP shall focus on thinning of the dense in places forest canopy and the overgrown understory vegetation for forest health and wildland fire suppression. The THP shall be prepared in advance of and implemented together with the RAW in accordance with DTSC specifications.
Timing: THP shall be prepared prior to authorization of any on site work.
Responsibility: Professional forester and reviewed by DTSC as part of final RAW.
Conditions and Mitigations Measures 4 of 34
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III. AIR QUALITY
Mitigation Measure III-1
The RAW is intended to be a self-mitigating project component. Due to the complexity of the requirements, the major provisions of the RAW are included as mitigation measures.
Ultimately, H&K or other consulting geotechnical engineering consultant shall have primary responsibility and oversight over the implementation and execution of the RAW. The following mitigation measures are hereby included:
1. Comply with the Excavation, Transport and Placement requirements in Section 7.1 of the RAW, as follows:
a. During excavation, loading, transport, placement and compaction, soil shall be moistened as necessary to avoid dust generation using water trucks or hoses.
2. Truck speed is to be limited to 15 miles per hour to reduce the chance of dust generation.
3. Soil placement and compaction is to be performed by conventional means, in accordance with the Dust Mitigation Plan (Appendix F of the RAW), the grading plan (Figure 4), the provisions of this RAW and the project geotechnical specifications.
Timing: At time of implementation of the RAW after final approval by DTSC.
Responsibility: Project Engineer and reviewed and verified by project geo-technical engineer prior to final approval by DTSC.
Mitigation Measure III-2
Temporary traffic control shall be provided during all phases of the construction to improve traffic flow as deemed appropriate by local transportation agencies and/or Caltrans.
Construction activities shall be scheduled to direct traffic flow to off-peak hours as much as practicable.
Timing: Throughout all construction phases of the project.
Responsibility: Project applicant, project engineer, to be enforced by city engineer as needed.
Mitigation Measure III-3
There shall be a limit of one wood-burning appliance per residence, and it shall be an EPA Phase II certified appliance. Also, each residence shall be equipped with a non-woodburning source of heat.
Timing: At time of residential building permit issuance mitigation shall be noted on plans.
Responsibility: Building, Planning, and Engineering Department.
Conditions and Mitigations Measures 5 of 34
The Grove Final Map
IV. BIOLOGICAL RESOURCES
Mitigation Measure IV-1. Prior to the issuance of a grading or building permit or on-site implementation of the RAW, the developer shall obtain a stream alteration permit from the California Department Fish and Wildlife. Alternatively, if a permit is not required a letter shall be obtained from CDF&W to the City Planner stating that no streambed alteration permit is required for the project,
Timing: Prior to authorization for any on site work.
Responsibility: Project applicant, biologist or designee and reviewed and verified by the City Engineer and City Planner.
Mitigation Measure IV-2. Any construction conducted during March through September shall be accompanied with a raptor study to ensure that nesting raptors are not disturbed by construction activities. The study should be accomplished within seven (7) days prior to commencement of grading activities and any other site disturbance, including tree removal, mine waste remediation associated with the RAW, etc. If work is to commence during the breeding/nesting season within the temporary nest disturbance buffer area, an on-site raptor specialist monitor shall be retained.
Timing: Seven days prior to any on site disturbance. Should raptors be found, a raptor specialist monitor shall be retained.
Responsibility: Approved biologist shall conduct all raptor surveys. If nests are found, a 500 foot initial temporary nest disturbance buffer shall be established.
Mitigation Measure IV-3 Any trees containing nests that must be removed as a result of the project shall be removed during the non-breeding season. Compensation may be required from the California Department of Fish and Wildlife.
Timing: Said trees may only be removed between October through February
Responsibility: Project applicant, and reviewed and approved by California Department of Fish and Wildlife
Mitigation Measure IV-4 Prior to start of on-site work to implement the RAW, brush or tree clearing, and site grading, all sensitive biological resources, including drainage, wetland areas and trees to be saved, shall be properly marked with a secure barrier in the field.
Timing: Prior to authorization for any on site work.
Responsibility: Project applicant, biologist or designee and reviewed and verified by City Engineer and City Planner.
Conditions and Mitigations Measures 6 of 34
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Mitigation Measure IV-4 A City approved biologist shall orient all workers to any sensitive biological resources on site in advance of any on-site construction (including the RAW), but after all sensitive habitats and other biological resources including trees are properly protected with fences, ribbons or flagging.
Timing: Prior to any on site work.
Responsibility: Verified by City Engineer or Planner.
Mitigation Measure IV-5 Should the Peck’s Ravine crossing on site be needed in advance of the implementation of the RAW, the stream crossing permit and/or Section 404 and 401 permits from ACORE and CVRWQCB shall be obtained prior to such on-site construction activity.
Timing: Prior to any on site work.
Responsibility: Verified by City Engineer and City Planner.
V. CULTURAL RESOURCES
Mitigation Measure V-1: To offset potentially adverse impacts to cultural resources, the following mitigation measures shall be noted on all improvement plans associated with ground disturbance activities:
a. If any archaeological artifacts, exotic rock (non-native), or unusual amounts of shell or bone are uncovered during any on-site construction activities, all work must stop immediately in the area and a Society of Professional Archaeologist shall be retained to evaluate the deposit.
The City Planner and tribal leaders shall be contacted for review of the uncovered resource. b. If the discovery consists of human remains, the Nevada County Coroner, tribal leaders shall be contacted. Work in the area may only proceed after authorization is granted by the City Planner. A note to this effect shall be provided on the Improvement Plans for the project. a. Following a review of the new find and consultation with appropriate experts, if necessary, the authority to proceed may be accompanied by the addition of development requirements by a qualified archaeologist which provide protection of the site necessary to address the unique or sensitive nature of the site.
b. Adhere to the November 7, 2014, agreement with Tsi-Akim Maidu to construct a replica Native American bark house on the adjoining lands of Nevada Tech Center using tribal labor.
Timing: Statement shall be provided on the grading and
improvement plans and be included in the RAW implementation documents onsite construction documents. All such plans shall be on-site at all times during construction.
Conditions and Mitigations Measures 7 of 34
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Responsibility: Required statements to be verified by City Engineer or Planner. On-site grading contractor shall make all construction workers aware of the cultural requirements Items M V-1, a through c)
VI. GEOLOGY & SOILS
Mitigation Measure VI-1—Shaft Mitigation
1. All excavation be performed following the removal of trees and surface vegetation at the site as a part of site preparation. The excavations will be observed by representatives of the Project Geotechnical Engineer to document shaft dimensions and orientation and also to allow observation of the adjacent subsurface soil and rock conditions.
2. Physical closure of the shafts, if necessary depending on their location relative to the proposed improvements, would then be performed based on the recommendations of the project geotechnical engineer with regard to the subsurface conditions encountered.
Typically, the closure would include over excavation to remove loose or accumulated soil near the shaft entrance and potentially unstable materials, and the placement of compacted backfill to restore surface grades. In some cases, it may be appropriate to utilize grout or concrete to close a shaft, depending on the subsurface conditions encountered.
3. Backfill placed within proposed lots would be considered structural fill, with the intent of supporting future improvements. If over-excavation is limited due to the presence of drainage swales, steep topography, or other restrictions, it is possible that the mitigation measures may be expanded to include the use of alternative foundation systems such deepened pier-andgrade-beams or mat foundations to further reduce the hazards associated with future differential settlement or subsidence to the proposed structures.
Timing: MM VI-1 shall be included on the final grading and improvement plans.
Responsibility: Project Engineer and reviewed and verified by project geo-technical engineer prior to review by City engineer Mitigation Measure VI-2—Grading Mitigation—Clearing and Grubbing
1. Strip and remove debris from clearing operations and the top 3 to 6 inches of soil containing shallow vegetation, landscaped materials, roots and other deleterious materials. Organic topsoil can be stockpiled onsite and used in landscape areas but is not suitable for use as fill.
The project geotechnical engineer should approve any proposed use of the spoil generated from stripping prior to placement.
2. Over excavate any relatively loose debris and soil that is encountered in existing surface depressions, our previous exploratory trenches or any other onsite excavations to underlying, competent material. Possible excavations include exploratory trenches excavated by others, prospect pits, mantles or soil test pits, and holes resulting from tree stump or boulder removal.
3. Loose or untested fill encountered during site development should be over excavated as necessary to reveal competent native soil or weathered rock a minimum of 5 feet beyond the areas of proposed structural improvements. To accomplish this, we recommend that a representative of the Project Geotechnical Engineer be notified to visit the site during the Conditions and Mitigations Measures 8 of 34
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initial stages of clearing and site preparation in order to observe the subsurface conditions revealed and delineate the extent of existing fill within areas of proposed improvements.
4. Rocks greater than 8 inches in greatest dimension (oversized rock) shall be removed from native soil by scarifying to a depth of 12 inches below finish grade or to resistant, competent rock in areas to support pavement, slabs-on-grade or other flatwork. Oversized rock may be used in landscape areas, rock landscape walls, or removed from the site. Oversized rock can be stockpiled onsite and used to construct fills, but must be placed at or near the bottom of deep fills and must be placed in windrows to avoid nesting. To avoid conflict with future utility or foundation excavations, no oversized rock should be placed in the upper 3 feet of any structural fill. The project geotechnical engineer should approve the use of oversized rock prior to constructing fill.
5. Fine grained, potentially expansive soil, as determined by the Project Geotechnical Engineer, that is encountered within proposed building footprints or paved areas during grading should be mixed with granular soil, or over-excavated and stockpiled for removal from the project site or for later use in landscape areas. A typical mixing ratio for granular to expansive soil is 4 to 1. The actual mixing ratio should be determined by the Project Geotechnical Engineer.
6. Vegetation, deleterious materials, structural debris, and oversized rocks not used in landscape areas, drainage channels, or other non-structural uses should be removed from the site.
Timing: MM VI-2 shall be included on the grading and improvement plan.
All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer Mitigation Measure VI-3—Cut Slope Grading
1. All cut slopes in native soil at the site be graded no steeper than 2:1, horizontal to vertical, to a maximum height of approximately 20 feet. Steeper cut slopes may be feasible, depending on the soil/rock conditions encountered and should be reviewed on a case-by-case basis. The upper two feet of all cut slopes should be “rolled” or graded to conform to the native slope gradients to reduce sloughing and erosion of looser surface soil.
2. Temporary cut slopes may be constructed to facilitate retaining wall construction.
Subsurface conditions should be favorable for construction of temporary cut slopes no steeper than ½:1, H:V, for a maximum height of approximately 8 feet. To reduce the likelihood of sloughing or failure, temporary cut slopes should not remain over the winter.
3. A representative of the Project Geotechnical Engineer must observe temporary cut slopes steeper than 2:1, H:V, during grading to confirm the soil and rock conditions encountered.
Work personnel should not be allowed between the cut slope and the proposed retaining structure, form work, grading equipment, or parked vehicles during construction, unless the stability of the slope has been reviewed by the Project Geotechnical Engineer or the slope has been confirmed to meet OSHA excavation standards.
Conditions and Mitigations Measures 9 of 34
The Grove Final Map
Timing: MM VI-3 shall be included on the grading and improvement plan. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. The geotechnical engineer shall report on grading activities to the City Engineer
Mitigation Measure VI-4— Soil Preparation for Fill Placement
1. Surface soil should be scarified to a minimum depth of 8 inches below the existing ground surface, or to resistant rock, whichever is shallower. Following scarification, the soil should be uniformly moisture conditioned to within approximately 3 percentage points of the ASTM D1557 optimum moisture content.
2. The scarified and moisture conditioned soil should then be compacted to achieve a minimum relative compaction of 90 percent based on ASTM D1557 maximum dry density. The moisture content, density, and relative percent compaction should be verified by a representative of the Project Geotechnical Engineer. The earthwork contractor should assist our representative by excavating test pads with onsite earth moving equipment.
3. Where fill placement is proposed on native slopes steeper than approximately 5:1, H:V, a base key and routine benches must be provided. Unless otherwise recommended by the project geotechnical engineer, the base key should be excavated at the toe of the fill a minimum of 2 feet into competent stratum or to resistant weathered rock, as determined by a representative of the Project Geotechnical Engineer during construction observation. The bottom of the base key should be sloped slightly into the hillside at an approximate gradient of 5 percent or greater.
4. The fill must be benched into existing side slopes as fill placement progresses. Benching must extend through loose surface soil into firm material, and at intervals such that no loose surface soil is beneath the fill. As a minimum, a horizontal bench should be excavated every 5 vertical feet or as determined by a representative of the Project Geotechnical Engineer.
Timing: MM VI-4 shall be included on the grading and improvement plan. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-5—Differential Fill Depth
1. Site grading should be performed so that cut-fill transition lines do not occur directly beneath any structures. The cut portion of the cut-fill building pads, if proposed, should be scarified to a minimum depth of 8 inches, and re-compacted to 95 percent relative compaction.
2. Differential fill depths beneath structures should not exceed 5 feet. For example, if the maximum fill depth is 8 feet across a building pad, the minimum fill depth beneath that pad should not be less than 3 feet. If a cut-fill building pad is used in this example, the cut portion would need to be over-excavated 3 feet and rebuilt with compacted fill.
Conditions and Mitigations Measures 10 of 34
The Grove Final Map
Timing: MM VI-5 shall be included on the grading and improvement plan. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or other authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-6—Seismic Design Parameters
1. Utilize the seismic design criteria based on ASCE 7-10, the 2013 California Building Code and the United States Geological Survey (USGS), Java Ground Motion Parameter Calculator, Earthquake Ground Motion Tools, Version 5.1.0, be followed as seismic design parameters based on Section 5.3 of the June 14, 2014, Updated Geotechnical Engineering Report.
Timing: MM VI-6 shall be included in the building permit plan documents. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Architect/structural engineer and checked by City for compliance.
Mitigation Measure VI-7— Fill Slope Grading
1. Permanent fill slopes created onsite should be no steeper than 2:1, H:V. the Project Geotechnical Engineer should review fill slope configurations greater than approximately 12 feet in height, if proposed, prior to fill placement.
2. Compaction and fill slope grading must be confirmed by the Project Geotechnical Engineer in the field. Steeper fill slopes may be feasible with the use of geotextile reinforcement and/or rock facing. The geotechnical engineer can provide reinforced or buttressed fill slope design for the project, if requested.
3. Slopes should be constructed by overbuilding the slope face and then cutting it back to the design slope gradient. Fill slopes should not be constructed or extended horizontally by placing soil on an existing slope face and/or compacted by track walking.
Timing: MM VI-7 shall be included on the grading and improvement plan. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-8—Erosion Controls
1. Prior to commencement of site work, fiber rolls should be installed down slope of the proposed area of disturbance to reduce migration of sediment from the site. Fiber rolls on slopes are intended to reduce sediment discharge from disturbed areas, reduce the velocity of Conditions and Mitigations Measures 11 of 34
The Grove Final Map
water flow, and aid in the overall revegetation of slopes. The fiber rolls should remain in place until construction activity is complete and vegetation becomes established.
2. All soil exposed in slope faces should be hydroseeded or hand seeded/strawed with an appropriate seed mixture compatible with the soil and climate conditions of the site as recommended by the local Resource Conservation District.
3. Following seeding, jute netting or erosion control blankets should be placed and secured over the slopes steeper than 2:1, H.V.
4. Surface water drainage ditches should be established as necessary to intercept and redirect concentrated surface water away from cut and fill slope faces. Under no circumstances should concentrated surface water be directed over slope faces. The intercepted water should be discharged into natural drainage courses or into other collection and disposal structures.
Timing: MM VI-8 shall be included on the grading and improvement plan. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-9—Underground Utility Trenches
1. The California Occupational Safety and Health Administration (OSHA) requires all utility trenches deeper than 4 feet be shored with bracing equipment prior to being entered by any individuals, whether or not they are associated with the project.
2. If utility trenches are excavated during the winter or spring, the earthwork contractor may need to employ dewatering methods as discussed in the Construction Dewatering Section (MM VI-9) to excavate, place and compact the trench backfill materials.
3. Trench backfill used within the bedding zone and shading zone portion of the trench should consist of ¾-inch minus crushed rock or a similar, predominantly granular material approved by the engineer.
4. Soil used as trench backfill should consist of non-expansive soil with a PI of less than or equal to 15 (based on ASTM D4318) and should not contain rocks greater than 3 inches in greatest dimension.
5. Soil used to construct trench backfill should be uniformly moisture conditioned to within 3 percentage points of the ASTM D1557 optimum moisture content.
6. Trench backfill should be constructed by placing uniformly moisture-conditioned soil in maximum 12-inch-thick loose lifts (layers) prior to compacting.
7. Trench backfill placed in the pipe bedding zone (beneath the utilities) should be compacted to a minimum relative compaction of 95 percent of the ASTM D1557 maximum dry density.
8. Granular trench backfill placed within the pipe shading zone (above the bedding zone and to a height of one pipe radius above the pipe spring line) and transition zone (to one foot over the crown of the pipe) should be compacted to a minimum relative compaction of 90 percent of the ASTM D1557 maximum dry density.
9. Soil backfill should be compacted to a minimum relative compaction of 90 percent of the ASTM D1557 maximum dry density. Trench backfill placed within the upper 12 inches of Conditions and Mitigations Measures 12 of 34
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finished subgrade in paved areas should be compacted to a minimum relative compaction of 95 percent of the ASTM D1557 maximum dry density.
10. The loose lift thickness, moisture, density and relative compaction of the trench backfill soil should be verified by a representative of the Project Geotechnical Engineer and tests should be performed at a frequency determined by the project geotechnical engineer.
Timing: MM VI-9 shall be included on the grading and improvement plans. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-10—Construction Dewatering
1. If subsurface seepage or groundwater conditions are encountered which prevent or restrict fill placement or construction of the proposed improvements, subdrains may be necessary.
2. If groundwater or saturated soil conditions are encountered during grading, the Project Geotechnical Engineer should be retained to observe the conditions and provide site specific subsurface drainage recommendations.
Timing: MM VI-10 shall be included on the grading and improvement plans. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-11—Soil Corrosion Potential
1. If alternative or new construction methods or materials are being proposed, the selected materials shall be evaluated by a corrosion engineer for compatibility with the onsite soil and groundwater conditions.
Timing: MM VI-11 shall be included on the grading and improvement plans. All on site excavation and related construction shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or another authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Conditions and Mitigations Measures 13 of 34
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Mitigation Measure VI-12—Surface Water Drainage
1. Slope final grades in structural areas so that surface water drains away from building pad finish sub-grade at a minimum 4 percent slope for a minimum distance of 10 feet.
2. To reduce surface water infiltration, compact and slope all soil placed adjacent to building foundations such that water is not allowed to pond. Backfill should be free of deleterious materials.
3. Direct downspouts to positive drainage or a closed collector pipe that discharges flow to positive drainage.
4. Construct V-ditches at the top of cut and fill slopes where necessary to reduce concentrated surface water flow over slope faces. Typically, V-ditches should be 3 feet wide and at least 6 inches deep. Surface water collected in V-ditches should be directed away and downslope from proposed building pads and driveways into a drainage channel.
Timing: MM VI-12 1 through 4 shall be included on the grading and improvement plans and carried forward to the building permit.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-13—Foundations
1. Footings for the proposed residential structures shall be a minimum of 12 inches wide and deepened as necessary to extend through any loose surface material and provide a minimum embedment of 12 inches into the underlying competent native soil, weathered rock, or compacted and tested fill as confirmed in the field by Project Geotechnical Engineer. Footings for two-story structures, if proposed, should be a minimum of 15 inches wide and trenched a minimum of 18 inches into competent native soil, weathered rock or compacted fill. If clay is encountered at the base of footing excavations, the footing should be deepened through the clay lens into underlying granular material or weathered rock, as determined in the field by Project Geotechnical Engineer. The base of the footing excavation should be approximately level. Because of the sloping nature of the site, it may be necessary to step the base of the footing excavation as necessary to maintain a slope of less than 10 percent at the base of the footing.
2. Footing trenches should be cleaned of all loose soil and construction debris prior to placing concrete. A representative from the Project Geotechnical Engineer should observe the footing excavations prior to concrete placement.
3. As a minimum, the footings should be designed with two No. 4 rebar reinforcement, one near the top of the footing and one near the bottom. A minimum of 3 inches of concrete coverage should surround the bars.
4. Footing excavations should be saturated prior to placing concrete to reduce the risk of problems caused by wicking of moisture from curing concrete. However, concrete should not be placed through standing water in the footing excavations.
5. In an effort to reduce the likelihood of settlement-induced distress to the proposed structures, we recommend that strip and isolated footings with a minimum embedment depth of 12 inches into the underlying, severely weathered rock be sized for an allowable bearing pressure of 2,000 psf for dead plus live loads. This value can be increased by 500 Conditions and Mitigations Measures 14 of 34
The Grove Final Map
psf for each additional foot of embedment up to a limiting value of 3,000 psf. Allowable bearing may be increased by 33 percent for additional transient loading, such as wind or seismic loads.
6. A triangularly-distributed lateral resistance (passive soil resistance) of 275d psf, where d is footing depth, may be used for footings. This value may be increased by 33 percent for wind and seismic. As an alternate to the passive soil resistance described above, a coefficient of friction for resistance to sliding of 0.35 may be used.
7. Total settlement of individual foundations will vary depending on the plan dimensions of the foundation and actual structural loading. Based on anticipated foundation dimensions and loads, we estimate that total postconstruction settlement of footings designed and constructed in accordance with our recommendations will be on the order of one-half inch. Differential settlement between similarly loaded, adjacent footings is expected to be less than one-quarter inch, provided footings are founded on similar materials (e.g., all on structural fill, native soil or rock). Differential settlement between adjacent footings founded on dissimilar materials (e.g., one footing on soil and an adjacent footing on rock) may approach the maximum anticipated total settlement. Settlement of foundations is expected to occur rapidly and should be essentially complete shortly after initial application of loads.
Timing: MM VI-13 shall be included on the grading and improvement plans and carried forward to the building permit as minimum construction notes.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-14—Slabs-on-Grade
The project structural engineer should design slabs-on-grade with regard to the anticipated loading. Project Geotechnical Engineer can provide project specific slab-on-grade design for the proposed improvements once anticipated loading and serviceability criteria have been established.
1. The slab-on-grade should be a minimum of 4 inches thick. If floor loads higher than 250 psf or intermittent live loads are anticipated, a structural engineer should determine the slab thickness and steel reinforcing schedule.
2. The sub-grade soil around the slab-on-grade should be sloped away from the proposed slab sub-grade a minimum of 4 percent for a distance of 10 feet as discussed in the Surface Water Drainage section of this report. A representative from Project Geotechnical Engineer should observe pad and sub-grade elevations prior to forming the slab footings.
3. As a minimum, No. 3 rebar on 24-inch centers or flat sheets of 6’ x 6’, W4.0 x W4.0 welded wire mesh (WWM) should be used as slab reinforcement. All rebar and sheets of WWM should be placed in the center of the slab and supported on concrete "dobies".
4. Prior to placing the vapor retarder and concrete, slab sub-grade soil must be moisture conditioned by the application of water to between 75 and 90 percent saturation to a depth of 24 inches. Moisture conditioning should be performed for a minimum of 24 hours prior to concrete placement. Clayey soil may take up to 72 hours to reach this Conditions and Mitigations Measures 15 of 34
The Grove Final Map
required degree of saturation. If the soil is not moisture conditioned prior to placing concrete, moisture will be wicked out of the concrete, possibly contributing to shrinkage cracks. To facilitate slab-on-grade construction, the slab sub-grade soil shall be moisture conditioned following rock placement. Following moisture conditioning, the vapor retarder should be placed.
5. Slabs should be underlain by 4 inches of washed rock. The rock should be uniformly graded so that 100% passes the 1-inch sieve, with 0% to 5% passing the No. 4 sieve.
Following rock placement, the sub-grade soil should be moisture conditioned for 24 hours. The rock should then be overlain by a vapor retarder at least 15 mils thick. All penetrations through the vapor retarder should be taped or sealed to reduce vapor. Laps in the vapor retarder should be taped. If requested, Project Geotechnical Engineer can provide observation of the vapor retarder prior to placing concrete. The vapor retarder may be omitted in areas that do not have moisture sensitive floor coverings (i.e., exterior parking areas).
6. A waterproofing consultant should be contacted if moisture sensitive flooring is proposed.
7. Expansion joints should be provided between the slab and perimeter footings. Control joints should bisect the length and width of the slab at intervals specified by the American Concrete Institute (ACI) or Portland Concrete Association (PCA).
8. Exterior slabs-on-grade, such as sidewalks, may be placed directly on compacted fill without the use of a base rock section. For exterior slabs, the native soil should be ripped, moisture conditioned and re-compacted to an 8-inch depth.
9. All deleterious material must be removed prior to placing concrete.
10. The water/cement ratio shall be no greater than 0.45. Pozzolans or other additives may be added to increase workability.
11. Exposed concrete slabs should be moisture cured for at least seven days after placement.
Excessive curling of the slab may occur if moisture conditioning is not performed. This is especially critical for slabs that are cast during the warm summer months.
12. Concrete slabs impart a relatively small load on the sub-grade (approximately 50 psf).
Therefore, some vertical movement should be anticipated from possible expansion or differential loading.
Timing: MM VI-14 1 through 12 shall be included on the grading and improvement plans and carried forward to the building permit as minimum construction notes.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VI-15—Retaining Wall Design Criteria
1. Compaction equipment should not be used directly adjacent to retaining walls unless the wall is designed or braced to resist the additional lateral pressures.
2. If any surface loads are closer to the top of the retaining wall than its height, Project Geotechnical Engineer should review the loads and loading configuration. All wall details and plans for any wall over 10 feet in height shall be reviewed by the geotechnical engineer.
Conditions and Mitigations Measures 16 of 34
The Grove Final Map
3. Retaining walls must be well drained to reduce hydrostatic pressures. Walls should be provided with a drainage blanket to reduce additional lateral forces and minimize saturation of the backfill soil. Drainage blankets may consist of graded rock drains or geosynthetic blankets.
4. Adequate drainage and waterproofing for retaining walls associated with finished interior spaces are essential to reduce the likelihood of seepage and vapor transmission into the living space.
5. Rock drains should consist of a minimum 12-inch wide, Caltrans Class II, permeable drainage blanket, placed directly behind the wall; or crushed washed rock enveloped in a non-woven geotextile filter fabric such as Amoco 4546™ or equivalent. Drains should have a minimum 4-inch diameter, perforated, schedule 40, PVC pipe placed at the base of the wall, inside the drain rock, with the perforations placed down. The PVC pipe should be sloped so that water is directed away from the wall by gravity. A geosynthetic drainage blanket such as Enkadrain™ or equivalent may be substituted for the rock drain, provided the collected water is channeled away from the wall. If a geosynthetic blanket is used, backfill must be compacted carefully so that equipment or soil does not tear or crush the drainage blanket.
6. Additional lateral loading on retaining structures due to seismic accelerations may be considered at the designer’s option. For an earthquake producing a design horizontal acceleration of 0.2g, we recommend that the resulting additional lateral force applied to unrestrained (cantilevered) retaining structures with drained level backfill onsite be estimated as Pae=9H2 pounds, where H is the height of the wall in feet. The additional seismic force may be assumed to be applied at a height of 0.6H above the base of the wall. This seismic loading is for a drained, level backfill condition only; Project Geotechnical Engineer should be consulted for values of seismic loading due to non-level or non-drained backfill conditions. The use of reduced factors of safety is often appropriate when reviewing overturning and sliding resistance during seismic events.
Timing: MM VI-15 1 through 6 shall be included on the grading and improvement plans and carried forward to the building permit as minimum construction notes.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. Geotechnical engineer shall report on grading activities to the City Engineer VIII. HAZARDS & HAZARDOUS MATERIALS
Mitigation Measure VIII-1
Comply with the Excavation, Transport and Placement requirements in Section 7.1 of the RAW, as follows:
1. Before removing the mine waste, vegetation shall be cut off at the ground surface, segregated, and removed from the work area.
2. Removal of vegetation is to be performed using hand-held mechanical equipment to minimize disturbance of soil before removal.
3. Excavated soil and rock shall be transported by truck to the proposed mine waste placement area at the New Shaft location (Figure 2).
Conditions and Mitigations Measures 17 of 34
The Grove Final Map
4. The truck loading area shall be adjacent to the excavation area, so that no soil is tracked from the excavation area by trucks or other equipment.
5. Sub-grade preparation for the placement location is to be performed prior to soil transport. a. Mine waste with the highest lead concentrations (detected at the New Shaft location, sample location T-22) is to be moved approximately 20 feet to the northwest within the placement area, so that it will be buried under at least ten feet of engineered fill.
6. Soil placement and compaction is to be performed by conventional means, in accordance with the Dust Mitigation Plan (Appendix F of the RAW), the grading plan (Figure 4), the provisions of this RAW and the project geotechnical specifications.
7. The mineralized soil is to be covered with at least one foot of clean soil, borrowed from an on-site location that was characterized previously as part of the Site investigation.
8. Drainage and erosion controls are to be installed pursuant to Figure 4 and the specifications of this section.
9. Placement and compaction of the affected soil are to be included in the grading plan for the project and performed in general in accordance with the specifications presented below.
10. Fill Placement
a. Maintain moisture content in soil to minimize the generation of visible dust during preparation, placement and compaction.
b. Vegetation shall be cut off at the ground surface prior to fill placement. Avoid contact with or disturbance of mine waste (mineralized soil and rock). c. Oversize rock (rock that is greater than 12 inches in greatest dimension) shall be incorporated into deep fill by windrowing, so that compaction is performed around the rock, as approved by the Project Geotechnical Engineer field representative. d. Soil shall be uniformly moisture conditioned to the ASTM D1557 optimum moisture content or within approximately 3 percentage points above optimum moisture content.
e. Fill shall be constructed by placing uniformly moisture conditioned soil in maximum 8-inch-thick loose lifts (layers) prior to compacting.
f. Fill shall be compacted to a minimum relative compaction of 90 percent of the ASTM D1557 maximum dry density.
g. The moisture content, density and relative percent compaction of fill must be verified by the Project Geotechnical Engineer representative during construction. The earthwork contractor shall assist the construction quality assurance (CQA) monitor by excavating test pads with the on-site earth moving equipment.
11. Fill slope construction
a. Fill depth will generally be less than 15 feet.
b. Fill slopes will be 2:1, H:V, or shallower.
c. A keyway is to be constructed at the base of the fill at least four feet deep and an equipment-width wide, as directed by the Project Geotechnical Engineer in the field.
The base of the keyway is to be founded in competent native material, as determined by the Project Geotechnical Engineer in the field.
d. Fill is to be benched into the existing slope. Benches are to extend into competent native material, as determined by the Project Geotechnical Engineer in the field. e. An intermediate drainage bench is to be graded to direct water away from the slope face per the grading plan (Figure 4).
f. Place fill in horizontal lifts (layers) not exceeding eight inches in thickness.
Overbuild the slope face and cut back to the desired slope gradient.
Conditions and Mitigations Measures 18 of 34
The Grove Final Map
g. Assist the Project Geotechnical Engineer field representative with preparation of test locations so that fill density and moisture can be verified. h. Grade the finished surface to drain away from the constructed slope face per the grading plan.
Timing: MM VIII-1 1 through 11 shall be included on the grading and improvement plans. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or other authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VIII-2
Comply with the POST-EXCAVATION SOIL SAMPLING AND ANALYSIS program in section 7.3 of the RAW as follows:
1. After excavation of the mine waste, verification soil samples will be obtained from the base and perimeter of the excavations to confirm that the underlying soil is representative of local background conditions.
2. Soil samples will be obtained using a pre-cleaned hand trowel or individually wrapped disposable scoops, and placed in re-sealable plastic bags or glass containers provided by the analytical laboratory. Laboratory analysis for total arsenic, lead and cobalt will be performed by EPA Method 6010B.
3. Alternately, verification soil samples may be analyzed in the field using a hand-held Xray fluorescence (XRF) device. If field XRF analysis is performed, a minimum of ten percent of the field-analyzed samples will also be analyzed in the laboratory by EPA Method 6010B. XRF results will be compared to the corresponding laboratory results for data validation purposes. If there is no good correlation between the XRF results and the laboratory results, all confirmation soil samples will be analyzed in the laboratory.
4. The minimum sample frequency will be one soil sample per 400 square feet of footprint area. In addition, soil samples will be obtained from the perimeter of the excavation area at a maximum spacing of one sample per 50 feet. Numerical cleanup goals for arsenic and lead in soil are set forth in the table below:
Soil Cleanup Goals for Unrestricted Land Use Constituent Cleanup Constituent Cleanup Goal
(mg/kg)
Basis for Cleanup
Goal
UCL
Goal
(mg/kg)
Arsenic 17.0 BTV (see Section 2.10) 13.3
Cobalt 15.0 BTV 13.78
Copper 75.8 BTV 58.55
Lead 140 BTV 80
Nickel 12.0 RBCL (see Section 10.26
Conditions and Mitigations Measures 19 of 34
The Grove Final Map
4.5.1)
Selenium <1 BTV na
Zinc 36.1 BTV 29.2
BTV = background threshold value
RBCL = risk-based cleanup level
UCL = 95% upper confidence limit on the arithmetic mean mg/kg = milligrams per kilogram
5. The lateral and vertical extent of the excavations may be increased locally to facilitate removal of soil containing metals concentrations that exceed the target cleanup levels.
Additional samples will be obtained if needed to achieve the minimum sample frequency, based on the actual footprint area of the excavation.
6. If the verification sample analysis indicates target cleanup levels have been attained, no further excavation will be conducted. If the results of verification sample analysis indicate target cleanup levels have not been attained, further excavation will be conducted.
Excavation will continue until the results of further verification sampling and analysis indicate that the cleanup goals are achieved.
7. Cleanup goals must be met for individual residential lots in the vicinity of the cleanup areas as well as for the Site as a whole. As shown on Figure 1 of the VSAP (Appendix H), mine waste is to be removed from the vicinity of proposed residential lots 16, 17, 19, 20, 21, 23, 24, 25, 27, 33, 34, 43, 44, 45, 58 and 59. If the number of soil samples obtained from these individual lots is insufficient for statistical analysis, then the maximum detected concentration will conservatively be used as the EPC for individual lots to determine whether the Site has been remediated sufficiently.
Timing: MM VIII-2 1 through 7 shall be included on the grading and improvement plans. All on site excavation shall be under the supervision of the licensed geotechnical engineer.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. All work verified in the field by H&K or other authorized geotechnical engineer. Geotechnical engineer shall report on grading activities to the City Engineer.
Mitigation Measure VIII-3
In accordance with Section 7.4, Land Use Covenant, of the RAW, the following is required:
1. A Land Use Covenant (LUC) agreement, Operation and Maintenance Agreement (OMA), Operation and Maintenance Plan (OMP) and Soils Management Plan are required for the onsite placement area. In addition, Financial Assurance is also required. These various agreements are intended to protect public health and the environment by:
a. preventing inappropriate land use
b. increasing the probability that the public will have information about residual contamination,
c. disclosing information for real estate transactions about residual contamination,
Conditions and Mitigations Measures 20 of 34
The Grove Final Map
d. ensuring that long-term mitigation measures are carried out by protecting the engineering controls and remedy; and
e. ensuring that subsequent owners assume responsibility for preventing exposure to contamination.
Timing: MM VIII-3 shall be implemented as a condition of recording the final map.
Responsibility: Project Engineer and reviewed and verified by project geotechnical engineer prior to review by City engineer. City Planner to insure that the Land Use Covenant documents have been recorded as part of the final map.
Mitigation Measure VIII-4: Comply with the reporting requirements of Section 7.7, REPORTING, of the RAW as follows:
1. A remedial action completion report shall be prepared to describe the remedial action and document compliance with this RAW. The report shall present:
a. A summary of soil management activities;
b. A description and basis for deviations, if any, from this RAW; c. Limits of excavation and volume of soil excavated;
d. Results of verification sampling and analysis;
e. As-built drawings depicting the location of on-site soil placement; and f. A summary of quality control activities performed during the remedial action.
Timing: MM VIII-4 shall be provided by the project geotechnical engineering geologist following completion of the all on-site work to comply with the RAW.
Responsibility: Project geotechnical geologist. Report to be submitted to DTSC for final acceptance and approval prior to any other on-site work (utility extension, road construction, pump station, etc.) pursuant to the improvement plans.
IX. HYDROLOGY & WATER QUALITY
Mitigation Measure IX-1
Best management practices shall be implemented in accordance with Section 7.2, Erosion Control BMPs of the RAW. The following measures will reduce the chance of potential sediment discharges and result in less than significant impact. The recommended BMPs are described below.
1. Exposed fill surfaces, and areas disturbed by construction activity, shall be hydroseeded or hand seeded/strawed with an appropriate seed mixture compatible with the soil and climate conditions of the site as recommended by the local Resource Conservation District.
2. Silt fences shall be installed at the down slope perimeter of the placement area.
Conditions and Mitigations Measures 21 of 34
The Grove Final Map
3. Fiber rolls (straw wattles) shall be installed at the toe of slope and on contour within the placement area at a maximum spacing of ten vertical feet.
4. The earthwork contractor shall maintain and protect exposed soil from wind and water erosion. If a storm is forecasted for the area, exposed fill areas shall be sloped to drain and compacted to facilitate runoff. Plastic sheeting shall be secured over the fill prior to storm events. All existing surface drainage facilities must be kept free of soil and debris during construction. The contractor shall provide siltation control and management during construction.
Timing: MM IX-1 shall be included in the final Erosion Control BMPs of the RAW and verified by the project geotechnical engineering geologist. The engineering geologist shall verify that this measure has been fully implemented during both the remediation activities to full fill the RAW and as part of site grading and construction of the on-site infrastructure.
Responsibility: Project geotechnical geologist with oversight from the City Engineer.
Mitigation Measure IX-2
In accordance with Section 7.5, Site Restoration of the RAW, the following measures are recommended:
1. After excavation, verification that Remedial Action Objectives have been achieved, and consultation with DTSC, the excavation areas will be re-graded to promote drainage, and erosion controls will be installed unless grading for the development project commences immediately thereafter. Where appropriate, site restoration activities will include broadcasting seed, fertilizer and straw within the excavation footprint for erosion control measures. Fiber wattles and/or silt fencing will be placed along the perimeter of the down slope sides of the disturbed areas as needed for erosion and sediment control.
Timing: MM IX-1 shall be included in the final Erosion Control BMPs of the RAW and verified by the project geotechnical engineering geologist. The engineering geologist shall verify that this measure has been fully implemented during both the remediation activities to full fill the RAW and as part of site grading and construction of the on-site infrastructure.
Responsibility: Project geotechnical geologist with oversight from the City Engineer.
Mitigation Measure IX-3
The drainage way and wetlands shall be protected with the installation of storm wattles, silt fencing or other sediment catching materials, along with orange construction fencing to prevent disturbance of these areas during construction. Said storm wattles shall be installed around the periphery of the drainage features and wetlands and will be routinely managed to prevent disturbances. Furthermore, to avoid other materials from entering these habitats any buildup of soils or other materials along the storm wattles shall routinely be removed, and/or prior to a storm event.
Conditions and Mitigations Measures 22 of 34
The Grove Final Map
Timing: All protected areas requiring protection in the fields shall be reflected on the grading and improvement plans. All such areas shall routinely be inspected to assure that the barriers are functioning properly.
Responsibility: Project applicant, biologist and/or civil engineer and reviewed and verified by the City Engineer.
Mitigation Measure IX-4
The required installation of culverts across the drainages should occur during the dry season, typically July through October. Placements of culverts in drainages will also require State Fish and Wildlife and Army Corps of Engineers approval/permits.
Timing: All required culverts shall be reflected on the grading and improvement plans. All required state and federal permits shall be obtained in advance of installation. Said permits shall accompany the final submittal of the grading and improvement plans.
Responsibility: Project civil engineer and reviewed and verified by the City Engineer.
Mitigation Measure IX-5
Obtain a general permit for storm water discharge from the Central Valley Regional Water Quality Control Board.
Timing: The stormwater pollution prevention permit shall be obtained prior to the final submittal of the grading and improvement plans to the City Engineer.
Responsibility: Project civil engineer and reviewed and verified by the City Engineer.
Mitigation Measure IX-6
Prior to map recordation, the applicant shall provide verification from the following agencies on their respective permitting authority: the CA Department of Fish and Wildlife for an approved streambed alteration1600 permit; the CA Central Valley Water Quality Control Board for a Water Quality Certification Section 401 Permit; and the US Army Corps of Engineers for a Section 404 Permit pursuant to the Clean Water Act , and shall agree to provide notes associated with permitting requirements for any of the above on all applicable improvement plans.
XII. NOISE
Mitigation Measures
Mitigation Measure X-1 Outdoor construction activities of all types shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday with no work on Sundays or Federal holidays.
Conditions and Mitigations Measures 23 of 34
The Grove Final Map
Timing: MM X-1 shall be included as a note on the grading and construction plans, as well as the final RAW.
Responsibility: City Engineer to verify this requirement is included.
Recommended Conditions of Approval
A. PLANNING DEPARTMENT
1. The Grove Mixed Residential Development project includes the following entitlements: 1) a Tentative Final Map creating 59 mixed density residential lots in three phases on a 12.9 acre project area, including site remediation in accordance with the Remedial Action Work (RAW) Plan approved by the CA Department of Toxic Substance Control (Pre-development Phase A), recordation of 15 single-family lots (twelve with 2nd dwelling unit requirement) with applicable tree removal infrastructure improvements (Phase 1) and including tree removal for such improvements, and map recordation and development of 12 workforce detached cottages, and 32 attached townhouse units including applicable tree removal (Phase 2); 2) a Rezone to accommodate the Planned Development (PD) combining district for the 2- acre portion of the site zoned for high-density residential development, resulting in a zoning designation of R3-PD, in order to accommodate an exception to standard setbacks associated with ephemeral drainage courses; 3) a Use Permit to facilitate a Planned Use Development (PUD) and allow for flexibility in lot size and setback standards; 4) a Site Plan for overall project development in compliance with City standards; and 5) an Architectural Review application for review of the architectural style of the proposed development features.
Development Phases 1 and 2 may occur in any order according to market demand.
2. All work associated with the Remedial Action Work (RAW) Plan must be completed to the satisfaction of the CA Department of Toxic Substance Control (DTSC) prior to recordation of the Final Map. A statement certifying DTSC’s satisfaction shall be submitted to the Planning Department. Subsequent phases may occur concurrently or in any order deemed appropriate by the applicant.
3. Prior to map recordation associated with any Development Phase, the applicant shall record one Supplemental Information Map, which contains non-title information, including all conditions and mitigation measures that are requirements for future improvement permits concurrently with each phase of the Final Map, as well as the following restrictions and information:
a. A Note advising that the N.A.P.O.T.S lot referenced on the Tentative Map is not created as a building site, and shall remain as open space until entitlement is provided through a development permit or subdivision map;
b. Building envelopes that comply with building setback standards and resource setback standards.
c. All existing and proposed easements, including utility easements necessary to serve the lots;
Conditions and Mitigations Measures 24 of 34
The Grove Final Map
d. A Note advising that no disturbance is allowed within steep slopes, the dripline of trees to be retained, and watercourse setbacks except as specified on the approved Tentative Map;
e. A Note advising that development impact fees will be levied on individual residential building permits, including road impact, school district, recreation mitigation fees, and fire district fees. Impact fees shall be levied at the time of issuance of building permits in accordance with Nevada City ordinances creating and establishing the authority for imposing and charging impact fees, to be paid prior to occupancy of each applicable residential unit. The applicable fee amounts shall be consistent with the most recent fees adopted by Resolution of the Nevada City Council; f. Mapping of all common areas and open space areas to be maintained by property owners, including but not limited to, roadside trails, off-road trails, parking areas, drainage improvements, sewer lift station, Common Area parcels, and Open Space parcels; and
g. A Note advising that recorded CC&Rs reflect restrictions on future use or development, including use of open space areas, protection of resources, restrictions on additions to units that are 1,500 square feet or smaller, and prohibitions on fireplace installations.
4. All above-ground structures shall be limited to the building envelopes identified on the Final Map and delineated on the Supplemental Information Map. The building envelope restriction does not apply to driveway or underground utility placement.
5. Prior to recordation of the any phase of the Final Map, the applicant shall submit to the Planning Department for review and approval, Conditions, Covenant and Restrictions (CC&Rs), providing automatic membership within a non-profit property owners association responsible for implementing and enforcing the provisions of the approved Planned Unit Development, mitigation measures applicable to common area maintenance or protection, and the recorded CC&Rs, including but not limited to the following:
a. Ownership and maintenance, including fuels management for fire protection of all common areas and open space parcels, including but not limited to, roads, roadside trails, off-road trails, parking areas, drainage improvements, private road maintenance, on-site sewer infrastructure, Common Area parcels, and Open Space parcels;
b. Restricted use of the common areas, which shall be used for open space, community garden, drainage improvements, parking areas, mine waste remediation, and/or as otherwise identified on the approved Tentative Map.
c. Restricted use of open space areas for non-motorized trails and uses allowable within the Open Space zoning district;
d. Non-disturbance areas as identified on the Tentative Map, including but not limited to steep slopes, mine waste remediation, and wetlands, shall be clearly designated on maps. The mine waste remediation site shall be marked with low-profile signs, information boards or other similar methods, as a restricted area; e. A prohibition on the use of fireplaces;
f. All new wood burning devices will be EPA Phase II certified; Conditions and Mitigations Measures 25 of 34
The Grove Final Map
g. Compliance with the applicable mitigation measures in the Mitigated Negative Declaration that will apply to the building construction and operational phase of the project;
h. Required participation in curbside solid waste disposal, recycling services, and greenwaste pickup.
i. Restriction on those lots required to be developed with a second dwelling concurrent with primary unit development
j. Restriction on additional square footage for those lots meeting the required building area of 1,500 square feet or less.
The Planning Department-approved document shall be recorded prior to the first recorded phase of the Final Map.
6. Prior to recordation of any phase of the Final Map, submit to the Planning Department for approval two copies of the Final Map and Supplemental Information Map, and the map check fee pursuant to the most current Fee Resolution of the City Council.
7. Prior to recordation of the Parcel Map or first recorded phase of the Final Map, whichever comes first, the applicant shall sign and file with the City of Nevada City Planner an indemnity agreement, approved by the City Attorney which shall be substantially in the following form:
“The applicant shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul this approval or any prior or subsequent project-related approvals or any prior or subsequent project related approvals or conditions imposed by the City or any of its agencies, departments, commissions, agents, officers, or employees, concerning this project, or to impose personal liability against such agents, officers, or employees resulting from their involvement in the project, which claim, action, or proceeding is brought within the time provided by law, including any claim for private attorney general fees claimed by or awarded to any party from City. The City shall not be required to but may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding in good faith at its own expense. The applicant shall not be required to pay or perform any settlement of such claim, action, or proceeding unless the settlement is approved by the applicant. The applicant’s obligations under this conditions shall apply regardless of whether any permits of entitlements are or have been issued under this project.” Project approval does not become effective unless and until the applicant has complied with this condition.
8. Prior to any phase of final map recordation, all building envelopes recorded on the supplemental data map must conform to current site development standards for the respective R2 and R3 zoning district under consideration, outlined in Chapter 17.28 and 17.30 of the Nevada City Municipal Code.
Conditions and Mitigations Measures 26 of 34
The Grove Final Map
9. Prior to any phase of final map recordation, demonstrate compliance with Section 16.04.054 of the City Municipal Code by providing adequate provisions within the recorded CC&Rs provided to all owners and potential owners showing that single family dwellings on a minimum of thirty (30) percent of the lots created by this subdivision map were designated and shall remain at less than or equal to one thousand five hundred (1,500) square feet in size and a garage not to exceed five hundred (500) square feet in size. Pursuant to applicant’s approved Affordable Housing Plan, in said CC&Rs, 20% of all units (12 units) shall be designated and shall remain less than 1,500 square feet in size and 10% (6 units) shall be designated and shall remain less than 1,250 square feet in size
10. Prior to any phase of final map recordation, demonstrate compliance with Section 16.04.056 of the City Municipal Code showing that a minimum of twenty (20) percent of the singlefamily lot development (6 units) and 6 additional units as part of the applicant’s “Affordable Housing Plan” of the new single-family lots contain a second dwelling, either attached or detached, which is not less than three hundred fifty (350) square feet in size nor more than six hundred forty (640) square feet in size, and which meets all of the requirements of Sections 17.72.20 and 17.72.030 of the municipal code except the lot size requirements and the unit size requirements. In addition to designating such lots, the subdivider shall record a deed restriction, or provide adequate restrictions in the recorded CC&Rs, on any such lot informing any potential owner that no building permit shall be issued by the building department unless the plans include a second dwelling unit and informing the new owner that the second residential unit shall not be less than three hundred fifty (350) square feet in size and not more than six hundred forty (640) square feet in size. Newly permitted second dwelling units shall not be required to pay application, mitigation, or sewer and water hookup fees if accompanied by a deed restriction ensuring affordable rent to low or very low-income households, as defined in Sections 50105 and 50079.5 of the California Health and Safety Code. Said deed restriction shall be effective for a minimum of 30 years.
11. Prior to building occupancy approval for any primary unit, the building permit applicant shall be required to pay all applicable impact fees as adopted by City Council Resolution in affect at the time payment.
12. Prior to building occupancy approval for a second dwelling unit, the building permit applicant shall be required to pay all second dwelling impact fees as adopted by City Council Resolution in affect at the time payment unless a deed restriction is filed that restricts rental of the second unit to low or very-low income renters. Second Dwelling units designated on the lots as specified on the Tentative Map shall not be used as hosted short-term rental units.
13. Prior to map recordation of Phase 2, the applicant shall construct the 4-foot-wide soft surface trail indicated on the Tentative Map concurrent with installation of Road “C.” Plans for the trail shall be shown on all applicable improvement plans prior to approval.
14. Any timber harvest that will be conducted within areas proposed for development must be completed prior to any phase of map recordation. The applicant shall submit to the Planning Department a Timber Harvest Plan as approved by the CA Department of Forestry prior to map recordation or approval of improvement plans, as applicable. The applicant shall Conditions and Mitigations Measures 27 of 34
The Grove Final Map
employ a California Licensed Timber Operator to conduct timber operations in compliance with the Forest Practice Act and Rules.
15. Lighting used during construction activities shall be shielded and directed downward to prevent off-site light trespass.
16. Prior to building permit issuance of any of the 15 single-family lots, Architectural Review shall be completed at a Planning Commission Meeting (acting as the Architectural Review Committee).
17. Architectural style of the 12 workforce cottages and the 32 townhomes shall substantially conform to the plans reviewed by the Planning Commission (acting as the Architectural Review Committee), or as may be modified at the public hearing.
18. Prior to Final Map recordation, the developer shall submit to the Planning Department a Final Landscaping Plan for review and approval, pursuant to and in compliance with the City Municipal Code Section 17.80.070, or as accommodated by the Planned Development combining district as approved by the City Council. The Final Landscaping Plan shall include an irrigation plan along with planting details, timing and order of plantings, and a maintenance plan.
19. Landscaping shall be installed by the project proponent/developer prior to certificate of occupancy for any phase. Landscaping shall be maintained by the developer until such time that a mechanism for maintenance, such as may be provided in the CC&Rs, are developed to insure ongoing maintenance.
20. Due to the substandard lot sizes and setback flexibility afforded by the Planned Unit Development, prior to erection of any fencing on any portion of the project site, except the 15 single-family lots, the applicant shall submit an Architectural Review application with details of such fencing to be reviewed and approved by the Architectural Review Committee for consistency with the architectural style of the development. Such fencing shall be reviewed by the City Engineer for compliance with proper site distance requirements prior to Architectural Review.
21. Prior to map recordation for any phase of the Final Map that includes one or more new roads, the applicant shall submit requested road names for the on-site roads to be approved by City Council. Approved road names shall be shown on the recorded Final Map and shall be posted onsite prior to map recordation.
22. Prior to the approval of the improvement plans, the subdivider shall pay to the city all applicable fees for plan checking, field inspections and materials testing, in accordance with a schedule of such fees adopted by resolution of the city council.
23. A Planning Commission liaison committee, consisting of one or two Commissioners, shall be appointed to assist the applicant in approving any minor changes to the project. If the Conditions and Mitigations Measures 28 of 34
The Grove Final Map
committee determines any changes are beyond their scope of authority, the matter shall be heard by the full Commission and/or the City Council as necessary.
24. The applicant shall prepare a mechanism for providing and incentive for property owners to construct second dwelling units in addition to the 12 units required in the Single-Family Lots.
25. Prior to building permit issuance and Architectural Review approval, a floor plan for ‘Townhouse D’ shall incorporate a garage that does not exceed 500 square feet pursuant to requirements outlined in Section 16.04.054 of the City Municipal Code
26. Applicant shall grant a public access easement for the portion of the trail system from the marketing center to the Brock Road access as a public trail system B. ENGINEERING DEPARTMENT
Prior to recordation of each map phase:
1 Prior to map recordation, the subdivider shall construct or install all improvements in streets, alleys, pedestrianways, bicycle paths, drainage channels, easements and rights-ofway as are necessary for the general use of residents of the subdivision and for local traffic and drainage needs, and the improvements may include pavement, curbs, gutters, sidewalks, culverts, bridges, retaining walls, storm drains and drainage works, water mains and laterals, sanitary sewers, fire hydrants, street lighting facilities, street signs and other improvements as required
2 Prior to map recordation of any phase of the Final Map, the applicant shall provide design specifications for the on-site sewer system, including the lift station, along with a mechanism for continued private maintenance, such as a Shared Sewer Infrastructure Maintenance Agreement, and access easements provided to the City of Nevada City, to be reviewed and approved by the City Engineer and recorded. 3 Prior to building permit issuance, the on-site sewer improvements shall be completed pursuant to the approved design plans to the satisfaction of the City Engineer. The project engineer shall also issue a statement verifying that the sewer infrastructure improvements have been completed pursuant to the approved design plans. 4 Right-of-way: Prior to map recordation, offer for dedication to the City of Nevada City, a 50-foot right-of-way as shown on the Tentative Maps for Road B for Public Utilities, Emergency Access and Public Road purposes.
5 Prior to map recordation of Phase 2, submit a private road maintenance agreement for maintenance of Road “C” to be reviewed and approved by the City Engineer and recorded with the Nevada County Recorder’s Office.
6 Prior to map recordation of Phase 2, a 40'-wide private road, public utility, public support, and emergency access easement shall be provided for Road “C.” (20 feet for roadway plus 10 feet on each side for public utilities and drainage improvements) Conditions and Mitigations Measures 29 of 34
The Grove Final Map
7 Prior to map recordation, additional public utility easements, if required by the serving utilities, shall be dedicated adjacent to all public and private roads. 8 Prior to map recordation, Open Space and common space Lots shall include rights appurtenant to all units served for private road, public utility, and emergency access. 9 Prior to map recordation, all utility lines, including electrical, gas, telephone, cable television and street lighting service lines, shall be placed underground; provided, however, that appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground when in the opinion of the city engineer it would be impracticable, under the circumstances of the particular case, to place them underground; and provided, further, that the undergrounding of utilities may be waived by the city council upon a showing of exceptional circumstances warranting such waiver. 10 Tax Statement: A tax certificate, issued by the Nevada County Tax Collector, shall be obtained prior to map submittal for recordation.
Grading and Road Improvements:
11 After the approval of the tentative map and prior to map recordation, the subdivider shall prepare and submit for the city's approval complete plans for all improvements required, to the satisfaction of the City Engineer. Such plans shall be prepared by or under the direction of a registered civil engineer, and shall show full details of all such improvements, including cross-sections, profiles, specifications and estimated costs. 12 Prior to map recordation, Roads “A,” “B,” and “C” shall be improved in conformance with Caltrans standard specifications and City municipal codes, including paved surfacing, to the satisfaction of the City Engineer. All subdivision streets shall be designed to meet 25 mph design speed criteria, as specified in the latest version of the Caltrans Highway Design Manual unless otherwise approved by City Engineer. The roadway structural section(s) shall be designed for a Traffic Index of 6.5 13 Prior to map recordation and to road grading permit issuance, the applicant’s engineer shall prepare improvement plans for the required road work and grading, to be reviewed and approved by the Nevada City Engineering Department, for issuance of a grading permit pursuant to Zoning Ordinance Section 17.80.1 00. 14 Grading plans shall include the time of year for construction activities. No grading construction shall occur after October 15 or before May 1 unless approved by the City Engineer and the Regional Water Quality Control Board. Exposed graded areas shall be protected during the winter months using appropriate methods for erosion control. 15 Prior to grading permit issuance, plans shall indicate that the area of soil and vegetation disturbance is limited to that required for safe construction purposes. Except where required for access, there shall be no disturbance in areas to be left in a natural state.
With the exception of Road ‘C’ development area, no mass pad grading shall be permitted within this subdivision for the development of residential lots. The intent of this condition is to limit the extent of grading to that reasonably necessary for residential construction and to ensure protection of wetland areas and other sensitive environmental resources.
Conditions and Mitigations Measures 30 of 34
The Grove Final Map
16 Prior to grading permit “final,” the applicant’s engineer shall certify that grading and road improvements were completed in conformance with the approved plans. 17 Prior to phased map recordation, the project proponent shall pay applicable traffic mitigation fees. This project is located near the State Route (SR) 20/Ridge Road/Gold Flat Road interchange. This interchange is currently the subject of a corridor study led by the Nevada County Transportation Commission (NCTC). Alone, this project will not trigger a need for improvement to the intersection; however, it does contribute to cumulative impacts and the project proponent shall be required to contribute fair share fees towards the NCTC Regional Transportation Mitigation Fee, which includes the future off-ramp improvements at Gold Flat from SR 20.
18 Prior to map recordation, Nevada Irrigation District (NID) waterlines shall be extended to front each and every new lot. Design details, specifications, and requirements will be reviewed through the NID process at the time improvement plans are submitted. The cost of any improvements necessary to provide treated water service, including off-site and on-site improvements, are the sole responsibility of the property owner/developer.
NID approved waterline improvement plans shall be submitted to the City Engineer prior to map recordation to be retained in the City’s project file. 19 Prior to map recordation, CC&Rs shall provide that the vegetation at any entrance to the project or to any adjacent project shall be maintained and kept low to the ground or else limbed in a manner that does not impede any sight distance entering or exiting the property.
20 Prior to map recordation, posted “Miles per Hour” signage may be required to be installed along any portion of the improved roadways at the discretion of the City Police Chief.
21 Prior to improvement plan permit issuance, prepare and submit with the project Improvement Plans, a drainage report to the City Engineering Department for review and approval. The report shall be prepared by a Registered Civil Engineer and shall, at a minimum, include: A written text addressing existing conditions, the effects of the improvements, all appropriate calculations, a watershed map, increases in downstream flows, proposed on- and off-site improvements and drainage easements to accommodate flows from this project. The report shall identify water quality protection features and methods to be used both during construction and for long-term post-construction water quality protection. The drainage report shall identify measures to intercept offsite storm runoff on the upslope side of buildings and convey said runoff around or between buildings.
22 Prior to improvement plan permit issuance, demonstrate that all run-off water from impervious areas such as roofs, patios, and driveways will be collected and routed through specifically designed water quality treatment facilities (BMPs) for removal of pollutants of concern (e.g. sediment, oil/grease, etc.) prior to discharge to an appropriate disposal area. The ends of the culverts and/or drain pipes should be fitted with an Conditions and Mitigations Measures 31 of 34
The Grove Final Map
energy dissipater such as rip-rap boulders or concrete baffles. CC&R’s shall include a statement that it is the responsibility of the homeowners or property owners association for drainage system inspection, maintenance, and cleaning on a regular basis to ensure that they are functioning correctly.
23 Prior to Improvement Plan approval, the applicant shall obtain a State Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) construction stormwater quality permit, with submittal of a Storm Water Pollution Prevention Plan (SWPPP), and shall provide to the Engineering Department evidence of a state-issued Waste Discharge Identification (WDID) number or filing of a Notice of Intent and fees.
24 Prior to improvement plan permit issuance, demonstrate that erosion control measures shall be implemented to stabilize areas disturbed for road construction or other site improvements. Prior to any site disturbance, the City Engineer will require a grading permit to be submitted and approved.
25 Prior to map recordation, the project will be required to connect to the Nevada City sewer system by providing a 6-inch mainline and install a new manhole at the connection point on Providence Mine Road within the existing Tech Center road system, as shown on the Tentative Map.
26 Construction activities (forklift activity and truck delivery/pickups), including site grading, shall be limited to the hours of 7:30 a.m. to 7:30 p.m., Monday through Friday, pursuant to Nevada City Ordinance 81-03.
27 Prior to improvement plan permit issuance, plans shall include the following advisory note regarding school traffic on Zion Street and at the Gold Flat/Ridge Road intersection:
“Area schools experience high volumes of traffic in the morning between 7:30 and 8:30 and in the afternoon between 2:30 and 3:30, except during summer vacation. All contractors, workers, and material suppliers are encouraged to avoid these hours at offsite intersections as much as is practical.”
28. In accordance with the provisions of the Nevada City Subdivision Ordinance and the State Subdivision Map Act, all infrastructure and grading improvements required to serve the subject lots may be deferred until after final map recording through a subdivision improvement agreement between the developer and the City, that includes a bond or other security to guarantee the completion in a specified time period.
D. NEVADA CITY FIRE DEPARTMENT
1 Prior to map recordation, complete all emergency access improvements including the secondary emergency road improvements for the emergency road connection to Brock /Hoover Road.
2 Prior to residential building permit issuance, plans must show that all homes must be equipped with residential automatic fire suppression fire sprinkler systems compliant with NFPA 13R.
Conditions and Mitigations Measures 32 of 34
The Grove Final Map
3 Prior to recordation, fire hydrant placement shall be approved by the Fire Department. 4 Prior to recordation of Phase 3 Final Map, the map shall indicate that no parking shall be permitted within the right-of way of Road “C” and shall be designated as no parking with red curbs, and clear identification to that effect, with accompanied posted signs throughout the development, or in a manner agreed to by the City Fire Department. 5 Prior to building permit issuance, fire sprinkler plans shall be reviewed and approved by the Fire Department.
6 All flammable vegetation and fuels removed during site development, including road construction, shall be disposed of in an approved manner. 7 Prior to occupancy, all address numbers must be clearly marked and identifiable from the street. If the addresses for the parcels have not been assigned by the time of map recordation, this requirement shall be included in a supplemental document recorded with the map.
8 No speed bumps, undulations, gates or barricades may be placed in the roadway or impede access without written approval from the Fire Department. 9 A complete set of construction plans shall be submitted to the Fire Department for review and approval prior to construction. Plans shall include, but not be limited to, site work, construction or installation of utilities, and the installation of fire hydrants. 10 Final approval of the project and/or occupancy of the building are subject to verification by a representative of the Fire Department that all of the above requirements have been satisfactorily completed.
11 Prior to permits associated with roadway improvements, plans shall indicate that all roadway improvements shall be designed to withstand a fully loaded fire truck (44,000 pounds).
E. NEVADA COUNTY BUILDING DEPARTMENT
1 Complete construction, utility, grading and erosion control plans shall be submitted for review at time of building/grading permit submittal in conformance with the City of Nevada City and County of Nevada Land Use & Development Codes. Building plans will be reviewed by Nevada City’s designated Building Official. All grading, drainage, utility, and infrastructure plans will be reviewed by the City Engineer. 2 Two sets of wet stamped/signed geotechnical reports shall be included in the building permit submittal. A review letter from the geotechnical engineer shall also be provided stating they have reviewed the foundation plan and it is in conformance with their Conditions and Mitigations Measures 33 of 34
The Grove Final Map
geotechnical design. Special investigation shall be completed with an in depth review, analysis and recommendations regarding the steep slope conditions for the grading on the project site.
3 All plans shall be designed and wet stamped/signed by a California Licensed Design Professional (Architect and/or Engineer).
4 Buildings shall be designed to meet the solar ready requirements per the California Energy Code.
5 Buildings shall be designed to meet the electric vehicle charging station infrastructure requirements per the California Green Building Standards Codes. 6 Completion of the Special Inspection Agreement will be required at time of building permit submittal for all required special inspections.
7 The building/improvements shall comply with all energy requirements (lighting, mechanical, envelope, etc) per the most current adopted version of the California Energy Code. Applicable registered energy compliance documentation shall be provided at time of building permit submittal.
8 Complete fire sprinkler plans and hydraulic calculations shall be included at time of building permit submittal.
9 Dwelling units shall have required fire separations per the California Building Code and shown on the building permit set of plans.
10 All buildings located in close proximity to property lines shall have fire walls constructed as required per Chapter 5 and 6 of the CBC.
11 If applicable, at least 10 percent but not less than one of the multistory dwellings in apartment buildings with three (3) or more dwellings and/or condominiums with four (4) or more dwelling units shall provide dwelling units that are compliant with disabled accessibility requirements per CBC Chapter 11A. Complete plans shall be provided for all disabled access components including entry, bathrooms, kitchens, parking, exterior routes of travel, etc.
12 All landscaping and irrigation shall be in compliance with the CGBSC and City of Nevada City Ordinance. Show all required information as part of the plans including but not limited to irrigation controllers, sensors, types of equipment, metering, plant species, etc.
F. NEVADA CITY PARKS AND RECREATION DEPARTMENT
1 All existing and proposed trails along Providence Mine Road shall connect and be open for public use due to its proximity to the Tribute Trail System. In addition, Providence Mine Rd. is used as an access point to the Tribute Trail System/Environs Trail. Any Conditions and Mitigations Measures 34 of 34
The Grove Final Map
development along this road shall include a sidewalk or trail along the road so that the public can still safely access the trail.
CITY FINANCE DIRECTOR:
1. The applicant is advised that the project as conditioned is subject to the provisions of the Municipal Code, including the following:
a. Prior to commencing work, all contractors, vendors, and consultants providing services within the City limits of Nevada City must have a city business license. c. Prior to issuance of grading permits, all applicable City fees for plan check and inspection shall be paid in full. Plan checking fees are determined at 1.5% of engineer’s estimate using prevailing unit prices or as updated by the UBC. Plan checking fees are determined at 4.5% of engineer’s estimate using prevailing unit prices or as updated by the UBC. Plan.
d. Prior to issuance of building permits or as shall be allowed by law, all applicable City fees, including but not limited to AB1600 mitigation fees, shall be paid in full. e. Prior to issuance of building permit, a regional transportation fee shall be paid to the City according to the fee schedule for western Nevada County jurisdictions, as adopted by the Nevada County Transportation Commission.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 13, 2023 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution No. 2023- 39: A Resolution of the City Council of the City of Nevada City Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies for July 1, 2023, Through June 30, 2024
From: Sean Grayson, City Manager
Date: July 6, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City reorganizes the City Council on an annual basis with the rotation of the Mayor and Vice Mayor as defined by the City Council Standards and Procedures of the City of Nevada City.
Upon the reorganization of the Council, the Mayor makes recommendations for the appointment of City Council Members to various internal and external committees and regional bodies for the fiscal year, in this case July 1, 2023, through June 30, 2024. The Mayor’s appointments are included as Exhibit A of the attached resolution.
The City Council Standards and Procedures of the City of Nevada City provides that, “Council Members shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Council Member is unable to attend, he/she should notify his/her alternate as far in advance of the meeting as possible so as to allow the alternate to attend.” The City Council adopts the Mayor’s appointments by resolution and staff transmits the appointments to various external bodies and stakeholders. In adopting the resolution, the City Council also rescinds all prior appointments. The City Council Member Internal and External Committee and Regional Body Appointments for July 1, 2023 – June 30, 2024, are presented in the tables on the following page.
External Committees and Regional Bodies Primary
2nd
Primary Alternate
Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Ceci Nevada County Connects Transit Services Committee Fernández Ceci Nevada County Economic Resource Council (NCERC) Kline Fleming Nevada County Arts Council & Cultural District Fernández Kline League of California Cities (voting members) Fernández, Petersen, Fleming Regional Housing Fernández Fleming
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Fleming Petersen Nevada City Rancheria Nisenan Tribal Liaison Ceci
Pioneer Community Energy JPA Petersen Ceci
Nevada City / Nevada County Courthouse Taskforce Fernández Internal Committees Assigned Assigned
Fire Safety Advisory Ceci Petersen
Policing Petersen Kline
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Kline
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
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:
Resolution 2023-39
RESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
APPROVING THE APPOINTMENT OF CITY COUNCIL MEMBERS TO INTERNAL AND EXTERNAL COMMITTEES AND REGIONAL BODIES FOR JULY 1, 2023, THROUGH JUNE 30, 2024
WHEREAS, after each annual City Council reorganization and seating of a new Mayor and Vice Mayor, the newly seated Mayor reviews and makes certain appointments of Council Members to serve on various internal and external committees and regional bodies; and WHEREAS, the City Council confirms the Mayor’s appointments by resolution and rescinds all previous appointments; and
WHEREAS, section 3.3 of the City Council Standards and Procedures of the City of Nevada City identifies the requirements of Council Members appointed to these committees and regional bodies; and
WHEREAS, the City Council desires to continue participate in both internal and external committees and regional bodies by assignment;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:
1. That City Council Members are appointed to the internal and external committees and regional bodies as listed in Exhibit A.
2. That all previous assignments to internal and external committees and regional bodies are rescinded.
3. That this resolution is effective immediately upon its enactment by the City Council.
4. That the City Manager and Deputy City Clerk are directed to transmit this resolution to all external committees and regional bodies.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 13th day of July, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Daniela Fernández, Mayor
ATTEST:
Niel Locke, City Clerk
EXHIBIT A
City Council Member Internal and External Committee and Regional Body Appointments July 1, 2023 – June 30, 2024
External Committees and Regional Bodies Primary
2nd
Primary Alternate
Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Ceci Nevada County Connects Transit Services Committee Fernández Ceci Nevada County Economic Resource Council (NCERC) Kline Fleming Nevada County Arts Council & Cultural District Fernández Kline League of California Cities (voting members) Fernández, Petersen, Fleming Regional Housing Fernández Fleming
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Fleming Petersen Nevada City Rancheria Nisenan Tribal Liaison Ceci
Pioneer Community Energy JPA Petersen Ceci
Nevada City / Nevada County Courthouse Taskforce Fernández Internal Committees Assigned Assigned
Fire Safety Advisory Ceci Petersen
Policing Petersen Kline
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Kline
From: Miriam Morris
To: Public Comment
Subject: Public Comment, Art Ordinance
Date: Sunday, July 9, 2023 8:17:37 AM
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Dear Council,
Congratulations to the new Mayor Fernández. Long may you run.
With regard to the Public Arts Ordinance:
You will be pressured to delay or omit implementation of the ordinance in the Historic District. Please don’t fall sway to such pressure.
At the recent Planning Commission meeting, City Attorney Hildebrand reminded the reluctant Commission that the ordinance is carefully crafted mimicking other successful, well-tested ordinances of historic cities, such as San Luis Obispo. It will elucidate nothing to “try it out” in the Seven Hills District for a year. Seven Hills is not the Historic District and will not inform how the ordinance will affect the Historic District.
Please keep in mind only three Commissioners were present at the meeting considering this ordinance. The two younger, more progressive members were absent.
I have lived here thirty years. As an actively involved community artist, it has been very disappointing, frustrating, and discouraging to be unsuccessful at encouraging the City to embrace an “art-enabling” (City Manager Grayson’s term) ordinance officially welcoming public art in the community. Now’s the time. Please.
Over the years, I struggled to get arty functional items included downtown. I believe the metal fence, the trellis, the transformer screen, and the Hydrant Bench I managed to install have added to the beauty and “place-making” of the Historic Downtown and have not harmed the visual experience, but enhanced it.
Similarly, well-conceived and placed art, on or adjacent to, historic architecture adds to its interest and can accent the buildings in a complementary fashion. Most people love the large painted National Hotel sign. It enlivens the long, blank expanse. Why is it hard to imagine more of this can’t be of benefit? Children especially notice and relate to public art. I see this all the time with the mini-mosaics in Calanan Park, installed in missing brick or stone spots. It adds a little unexpected pleasure.
Art can greatly add to the particular cultural experience of Nevada City-ness. Our art will be different than other towns. Permanent public art adds to the cultural identity of a town and makes it more distinctive, not less.
Please approve the ordinance as presented, with the addition of the ability to place temporary or smaller art on private property without a Public Hearing, more in-line with the commercial sign process, so it will be affordable.
Thank you for your consideration.
Miriam Morris
Nevada City
750 Lindley Ave.
Nevada City, CA
July 12, 2023
To: Nevada City Council Persons:
,Fernandez Kline, Peterson, Fleming,
Ceci
Re: Public Arts Ordinance
Please do not allow miscellaneous art projects on buildings in the Historical District of the City. They are authentic representations of a past era and need to be valued for that purpose. Decorating them with art will destroy their uniqueness and could give them a tacky appearance.
Seven Hills could use a face lift and there are several available buildings. Please provide guidelines in the ordinance that will require an overall plan that enhances the area.
While there is a need for funding, I’d suggest finding a source other than a fee/tax. Nevada City has an unfunded Fire Prevention Program (hazardous fuels, etc.) The program is being patched together with grants and volunteer efforts, Please consider overall needs and priorities when you considering taxes/fees. A greater need than art would be an effort to keep the buildings from burning down.
Sincerely,
Nancy Weber
From: Mary Louise Weaver
To: Public Comment
Subject: new ordinance on Public art
Date: Wednesday, July 12, 2023 1:35:50 PM
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I second all the concerns and comments about the Public art in Nevada City possibly including the Historic District. As the owner of a registered Historic site and in the National register Historic District designation district, I urge the council to act on the Planning commission's rec. to avoid allowing the Inclusion of the Historic District in this ordinance. Mary Louise Weaver 109 Prospect St. Nevada City
From: Jennifer Ray
To: Public Comment
Subject: Preserve Historic district
Date: Thursday, July 13, 2023 10:33:41 AM
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Dear Council members
I am writing to encourage a No vote on allowing NC Arts council to include the historic district.
First I am rather stunned that more important issues such a parking, putting telephone wires underground, problems with vagrants and homelessness are not prioritized.
The historic district is a treasure. We must preserve this. Allowing it to be altered by murals would be a huge mistake.
The architecture is beautiful, and should not be altered. Let’s remain authentic and classy. Keep murals out of the historic district.
Jennifer M Ray,
former council member and Mayor
https://linkprotect.cudasvc.com/url?
a=https%3a%2f%2fwww.drjenniferray.com&c=E,1,Ak9OvNwiDFcLhzdy9kLxTnM8fKTYWgDpHDML9FVq6ivGFwftfgpNiR23Wj21CwnxFk5VEENwaICsxRqwAbNllRuAjUsd-iq2SaObbzCQMe2wzzpRw,,&typo=1 email: [email protected]
cell: +1.916.284.7408