Chapter 17.28 — COMBINING ZONES

The provisions of this chapter regulate development and new land uses in the combining zones established by Section 17.12.020 (zoning map and zones), and provide guidance for development within the combining zones in the form of standards that apply to proposed development in addition to the standards and regulations of the primary zone, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this development code. Any perceived conflict between the provisions of this chapter and any other provision of this development code shall be resolved in compliance with Section 17.10.050 (rules of interpretation).

A.

Mapping of Combining Zones.

1.

Zoning Map Symbols. The applicability of any combining zone to a specific site is shown by the combining zoning map symbol established by Section 17.12.020 (zoning map and zones), being appended as a suffix to the symbol for the primary zone on the zoning map. The combining zones are applied to property through the rezoning process (Chapter 17.94).

2.

Symbols for Modification of Standards. A combining zone may modify the required building site area or width, or the permitted building height from that required by the primary zone if so specified on the zoning map. These specifications may be in excess or be less than the requirements of the primary zone, and shall be shown as follows:

a.

A number preceding and connected by a hyphen with the zone symbol shall designate the minimum required building site width in feet. Example: 200-C1.

b.

A number following and connected by a hyphen with the zone symbol shall designate the minimum required building site area. Where the number is greater than one hundred, it shall indicate the area in square feet; where the number is less than one hundred, it shall indicate the area in net acres. Example: C1-20,000 or C1-1.

c.

A number following the zone symbol, and enclosed by parenthesis, shall designate the minimum number of square feet of land area required for each dwelling unit. Example: R3 (4,300).

d.

A combining zone may modify the maximum building height otherwise required by the primary zone with a number shown below and separated by a line from the primary zone symbol; the number shall designate the maximum allowed height for a building or structure in feet. Example: C1/65.

e.

The preceding symbols may be used in any combination to show minimum site, width, minimum site area, minimum area per dwelling unit or maximum height. Example: 100-C1-15,000/65 or 100-R3-20,00

(4,000)/40.

f.

The letter "X" following the primary zone symbol requires that the minimum building site area shall be as shown on the final map or parcel map of record. Example: R1-X.

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this chapter for a specific combining zone:

1.

Any land use normally allowed in the primary zone by this Article may be allowed within a combining zone, subject to any additional requirements of the combining zone;

2.

Development and new land uses within a combining zone shall obtain the zoning approvals required by this Article for the primary zone; and

3.

Development and new land uses within a combining zone shall comply with all applicable development

standards of the primary zone, all other applicable provisions of this development code (e.g., Article 3 - Site planning and project design standards), and the city's design guidelines to the extent determined by the review authority and/or specific provisions of the design guidelines.

A.

Purpose. The -D (design) combining zone is intended to provide to provide controls and safeguards to preserve and enhance areas of historical, civic or cultural value to the city. Recognizing that Grass Valley is endowed with these areas and that the protection and preservation of these sites will maintain the quality of life, enhance the tourism industry, the regulations of this combining zone will be of benefit to the economy and enrichment of the city.

B.

Rezoning Requirements.

Criteria for Area and Standards. The following criteria shall be used in establishing regulations for an area to be rezoned with the -D combining zone, and the selection of the area to be rezoned:

a.

Areas of special or unique natural beauty and aesthetic interest forming a basic resource in the economy of the city, the preservation of which would enhance the tourism industry; and

b.

Places, sites, structures or uses which have special historical interest.

2.

Findings for Rezoning. The following finding or findings shall be made a part of a rezoning ordinance to apply the -D combining zone to property:

a.

The specific special and unique natural beauty and aesthetic interest of the place, site, structure or use; and/or

b.

The specific special historic interest of the place, site, structure or use.

C.

Architectural Standards. So that buildings, structures, signs, landscaping, etc., will be keeping with the findings stipulated in Subsection B.2, the commission shall take the following items under consideration in approving plans for a site within the -D combining zone.

1.

The height, bulk and area of buildings;

2.

Setbacks from property lines;

3.

The color, textures and materials of the exterior walls;

4.

The type, pitch and material of roofs;

The type, size and location of signs;

6.

Landscaping and parking lot layout;

7.

The relationship to other buildings and/or uses in the area;

8.

The architectural treatment as related to any historical buildings or structures; and

9.

The location and treatment of the site as related to its natural setting, including grading, cuts and fills and preservation of trees and natural ground cover.

D.

Commission Review of Proposed Plans. No building permit shall be issued for construction within the -D combining zone until the proposed plans have been approved or conditionally approved by the commission.

1.

Application Requirements. The applicant shall submit required data on the items to be considered in Subsection C. for commission approval.

2.

Referral for Advice. In its review of plans, the commission may seek the advice of any person or organization, who, in the opinion of the commission is qualified to give the advice. The person or organization must be devoid of any and all financial interest in the development under consideration.

3.

Changes to Project. If the commission finds that the proposed structure or uses are incompatible to the purpose and intent of the -D combining zone, the commission or its designated representative shall endeavor to have the plans changed to conform to the purpose and intent of the combining zone.

4.

Appeal. If the applicant is not satisfied with the commission's or its representative's action, they may appeal the decision to the council in compliance with Chapter 17.91 (appeals).

E.

Destruction or Alteration of Historical Buildings. No historical building in the -D combining zone shall be moved or relocated, torn down, demolished, destroyed, altered, improved or otherwise changed in exterior

appearance except as follows:

1.

If any historical building is damaged by an act of God, including earthquake or fire, the owner may repair the building if he secures a permit from the commission or its authorized representative.

2.

An owner making any alteration to the exterior of a historical building or intending to move or relocate the building shall submit plans and secure approval from the commission or its authorized representative prior to construction and/or issuance of a building permit.

A.

Purpose. The -H (Historical) combining zone is intended to identify important cultural resource sites and structures in the city, to ensure that any proposal to alter the state of the site or structure is carefully considered prior to implementation.

B.

Applicability. All proposed construction, demolition, exterior alteration, addition, modification of a structure or part of a structure or sign within the -H combining zone shall comply with all applicable requirements of this section.

C.

Historic Review.

1.

When Required. Historic review in compliance with this section shall be required prior to:

a.

The issuance of a building permit for any new construction, demolition, or exterior alterations, additions, or modifications of a structure or part of a structure, or sign.

2.

Exempt Activities. The activities listed below are exempt from the provisions of this section. All construction or improvement activities seeking an exemption shall be submitted to and reviewed by the department to

ensure that such work is in compliance with this section:

a.

Repainting of a building or sign with a color listed on a paint company's historic color palette and consistent with color patterns established by other buildings in the historic combining zone; or

b.

Signs that comply with the following criteria:

i.

Meet the size, number, and type standards listed in table 3-11.

ii.

Suspended signs shall be at least three-fourths inch MDO, wood or similar material and include a trim element (paint or wood) around the edge of the sign.

iii.

Projecting or suspended signs shall be pedestrian oriented.

iv.

The style, color, and design shall be consistent with the character and themes of other signs in the historical combining zone.

v.

No signs shall be located above the awning, unless previously existing.

vi.

Door signs are exempt from the total of three permitted signs only if they include a small logo or name of business, hours of operation, and phone number.

c.

Modifications to the structure which exposes and restores original architectural features such as exterior materials, windows and openings.

3.

Application Requirements. An application for historic review shall include the materials and information required by the department.

Consultation. In reviewing plans, the development review committee shall consult with the planning commission and the Grass Valley Historical Commission, the Nevada County Landmarks Commission, the Nevada County Historical Society, and other persons and agencies and organizations knowledgeable in the history of Grass Valley.

5.

Timing of Review. The development review committee shall review submitted plans at its next regular or special meeting and report its approval, conditional approval or denial to the applicant and the building official within thirty days.

6.

Public Hearing. The development review committee may call for public hearings as it may deem necessary or desirable prior to approving submitted plans. If a public hearing is to be held, notice shall be provided and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

7.

Criteria for Application Approval. In reviewing a project within the -H combining zone, the development review committee shall consider its relationship to nearby buildings, the general character of the area within the zone, and the proposed conformity with the design criteria in the "Design Manual, Downtown Historic Area, Grass Valley, California," prepared by WPM Planning Team, Inc., in December 1981, on file in the city clerk's office and described from time-to-time by resolution of the city council.

D.

Standards for Awnings, Canopies, Unroofed Porches and Similar Structures. Building materials and construction in "-H" districts shall conform to applicable City Codes in force except that in areas where awnings or similar structures are allowed, the following shall apply:

1.

Dimensional Requirements.

a.

Awnings, marquees, canopies and unroofed porches may extend over public property in zones where there are no setback requirements.

b.

Awnings may extend over public property not more than seven feet from the face of a building not within two feet of the curb line measured horizontally. All portions of awnings shall have at least eight feet of clearance above public walkways.

c.

Marquees, canopies, and unroofed porches shall have at least nine feet minimum clearance above the paved roadway or sidewalks surface whichever is higher. No structure shall extend beyond the curb line.

d.

Marquees, canopies, and unroofed porches shall be provided with gutters and downdrains concealed in supports or walls and made to drain under walkways.

e.

Posts supporting canopies and unroofed porches on the street side of walkways shall be at least one foot back of the curb line to the face of the post and the canopy or unroofed porch designed so that it will be supported if any one post is removed. A greater curb line to post face may be required by the building inspector if the slope of the adjacent street will cause vehicles to lean into posts.

2.

Construction Materials.

a.

Awnings shall have non-combustible covering supported on non-combustible frames attached to the building.

b.

Canopy and unroofed porch posts shall be of reinforced concrete, steel or other non-combustible materials supported by concrete footings.

c.

Marquees, canopies, and unroofed porches shall be provided with an automatic sprinkling system if onehour fire resistive construction is not provided. Complete fire-retardant treated wood, in locations protected from contact with rainwater may be used in conjunction with one-hour fire-resistive construction on the remainder of the structure. Roofs shall be fire-retardant.

The -MH combing zone may be combined through rezoning with other zones applicable to specific property to translate the requirements of the regulations of Section 17.44.150 mobile/manufactured homes and mobile home parks.

The -MR (mining and reclamation) combining zone may be combined through rezoning with other zones applicable to specific property, excluding residential zones, to translate the requirements of the regulations of Chapter 17.42 (mining and reclamation) into the development/mining of a selected site.

A.

Purpose. The Hills Flat Business District (HFBD) combining zone applies to an area around the IdahoMaryland Road/East Main Street intersection. This combining zone is intended to implement several programs from the Idaho-Maryland Road/East Main Street Redevelopment Study adopted in March 2010. This combining zone also establishes additional use restrictions and design regulations through the implementation of the city's community design guidelines.

B.

Use Restrictions. All uses in Table 2-10 are allowed as noted with the exception of drive-through restaurants, which are prohibited. The city has determined this type of use is not appropriate for this area due to traffic-related impacts.

C.

Development Standards. Besides the development standards required in the applicable C-2 or C-3 zone, any new structures and alterations shall comply with the following standards:

1.

All outdoor storage use shall be screened as viewed from public rights-of-way to the extent feasible. The city recognizes full screening may not be obtained due to the elevation changes on local roads and highways. Any proposal for outdoor storage shall include a plan for screening as part of the development review process. The screening shall include a decorative finish that complements the existing or proposed building. The review authority may consider a solid landscaped hedge in conjunction with the fence or wall.

2.

To the extent feasible, street facades must be built to the property line of every corner. The city recognizes there are several parcels in this area that have curved street frontages. In those instances, the building shall

include additional architectural elements in order to have as much of the building along the property line as practicable.

3.

All street facades shall have a primary ground-floor entrance.

4.

Buildings shall be a minimum of sixteen feet in height.

5.

Rear-facing buildings, loading docks, overhead doors, and other service entrances are prohibited on street frontages.

6.

Canopies, awnings, and balconies may encroach over the property line on the street.

D.

Project Review and Streamlining. An additional objective of the redevelopment study and implementation of this combining zone is to encourage attractive redevelopment of this area. This can be accomplished by encouraging new buildings to front the street and placing parking behind the building. Creative use of landscaping can also assist in the enhancement of the study area.

If development projects comply with the base zone standards and standards listed above, the city will streamline the processing of applications by allowing development review permits to be reviewed and decided upon as follows:

1.

New buildings or additions of two thousand square feet or less: Community development director approval;

2.

New buildings or additions between two thousand one and ten thousand square feet: Development review committee approval;

3.

New buildings or additions greater than ten thousand one square feet: Planning commission approval.

A.

Purpose. The southeast industrial district (SEID) combining zone applies to the area east of La Barr Meadows Road and west of Empire Mine State Park in the vicinity of Amsel Way as depicted in Figure 2-1. This combining zone is intended to permit the continuation, intensification, and expansion of the uses of properties within the combining zone according to the permitted uses established for the combining zone.

==> picture [408 x 541] intentionally omitted <==

Figure 2-1. Southeast Industrial District

B.

Permitted Uses. All uses in Table 2-10 are allowed by right as noted in the M-1 and M-2 Zone of the Development Code as designated by the Grass Valley Development Code Section 17.24.030, with the addition of the following permitted uses, which shall also be allowed by right:

1.

Concrete, gypsum and plaster product manufacturing, including asphalt production.

2.

Crushing, sorting and recycling of concrete, asphalt, aggregate, and construction materials.

3.

Outdoor storage and sales of building, construction, and landscape materials including the import, export, and storage of aggregate products, rock, dirt, sand and or soil without a grading or stockpile permit.

4.

Stump grinding, brush chipping, and the manufacturing, storage and sale of materials incidental to building and landscape materials sales.

5.

Incidental burning of stumps, brush, and other dry woody materials.

6.

Vehicle and equipment services.

7.

Manufacturing and Processing - Heavy, including manufacturing of equipment incidental to permitted uses in the combining zone.

8.

Fuel dealership.

9.

Construction, farm and heavy equipment sales and rentals.

10.

Bio-mass energy generation.

11.

All other uses permitted in the city's C.B.P, M-1 and M-2 Zone without a permit.

Storage—Personal storage facility.

13.

Storage—Outdoor.

14.

Communication or antenna towers.

15.

All other existing nonconforming uses and activities in place at the time of adoption of this combining zone.

C.

Performance Standards Exemption for Existing Uses.

1.

Except as provided by state law, development within the SEID combining zone shall be subject to the performance standards specified in the Grass Valley Development Code Sections 17.30.070 and 17.30.090, except as those sections are specifically modified by the performance standards contained in Subsection C.2 below ("SEID combining zone performance standards"). In the event of a conflict between Sections 17.030.070 and 17.030.090 and the SEID combining zone performance standards, the SEID combining zone performance standards shall apply.

2.

SEID Combining Zone Performance Standards:

a.

Setbacks.

i.

Building Setbacks. Front and side building setbacks shall be a minimum of fifteen feet from the back of curb.

ii.

Parking Setbacks. Front and side parking setbacks shall be a minimum of five feet from the curb. Parking shall be allowed in the front setback if separated by a minimum five-foot wide landscape area or walkways.

iii.

Creek and Riparian Setbacks. Buildings must have a minimum setback of thirty feet from creek and riparian zones.

b.

Fences, Walls and Screening.

i.

Eight-foot chain-link fencing shall be allowed

ii.

Walls over forty-eight inches shall be allowed without benching for retaining walls so that retaining walls over six feet may be allowed. Bunker walls on frontages shall have an eight-foot maximum.

iii.

Screening shall not be required for any existing uses or future uses.

c.

Outdoor lighting. Existing uses shall not be required to conform to city standards related to lighting, except as they relate to cut-lighting and/or shielding directing light towards the ground and as necessary to maintain compliance with worker safety requirements under state law.

d.

Dust. Developments in the SEID combing zone must, at a minimum, comply with NSAQMD requirements.

e.

Vibrations. Shall be allowed to continue based on existing uses.

f.

Odors. Shall be allowed to continue with similar or same as existing uses. Asphalt, manure, and other industrial uses and products may be allowed to have an odor that may be noticeable beyond the property line.

g.

Solid Waste and Recycling. Solid waste and recycling facilities may be allowed to abut residentially designated properties or uses but must provide a one hundred-foot buffer/setback.

h.

Signs and Flagpoles. Second story and roof signs shall be allowed. Up to three hundred square feet of signage shall be allowed per parcel. No irrigated landscaping shall be required around the base of signs. Existing non-conforming signs may remain and can be maintained or replaced. There shall be no height limit imposed on flagpoles.

i.

Outdoor Displays and Material Storage. Outdoor (rental equipment) displays shall have no maximum height. All outdoor displays shall be allowed in setbacks and anywhere that does not disrupt traffic circulation, parking, or walkways. Cargo containers shall be allowed for rental or sale, but cannot be stacked more than two high. Material storage shall be allowed in non-frontage setbacks, and displayed with no height restrictions.

j.

Processing Facilities. Processing facilities shall be allowed to abut residentially designated properties or uses but must provide a one hundred-foot buffer/setback. There shall be no maximum number or volume of inbound or outbound shipments, employee traffic, customer traffic or maximum size of the processing facilities.

k.

Hillside and Ridgeline Development. No building shall be allowed on slopes greater than thirty percent. There shall be no maximum retaining wall height or bench minimum. Grading may be allowed on slopes exceeding thirty percent.

l.

Grading. Grading shall be allowed to occur between October 15 and April 15 when weather conditions permit, and adequate best management practices are utilized. Grading must meet requirements of the California Construction General Permit for Stormwater Discharges. All environmentally sensitive areas must be avoided, or mitigation measures must be implemented and therefore grading may occur within thirty feet of environmentally sensitive areas when appropriately mitigated.

m.

Subdivision Standards. No traffic calming measure shall be required for subdivisions. No pedestrian walkways or bike paths, or funding for either, shall be required for subdivisions. Parcels shall not be required to have gas, electric or sewer connections if already adequately served by existing utilities or can be served by existing of future private water wells and septic systems. City street names will be selected by the developer and approved by the city council.

n.

Parking.

i.

Building and landscape material display and outdoor storage shall require one parking space per every five thousand square feet of bulk material (bunkers or stockpiles).

ii.

On street parking (local road/driveway) shall be permitted without director approval and included in the parking space count so long as the road design allows for on street parking.

iii.

Rental Equipment Parking. Parking spaces may be gravel.

iv.

Vehicle Service Repair. No minimum number of spaces shall be required for existing or proposed truck or equipment maintenance shops.

v.

Loading Areas. Loading areas shall be allowed anywhere except where they encroach into stalls or driveways.

o.

Noise. Existing uses or future uses shall not be required to conform to city standards related to noise, except that noise levels may not exceed CalOSHA standards related to worker and public safety.

p.

Hours of Operation. There shall be no restriction on hours or days of operations for existing uses or future uses.

q.

Open Space and Natural Areas. Areas left open or in natural condition shall be planned and included as a buffer between land uses and/or biological mitigation areas and therefore performance standards relating to adequate traffic and circulation, fire protection devices, utility and drainage mapping, trails, benches, lighting, trash receptacles, shall not be required. To reduce fire risks to the region, all open space areas can be maintained by mechanical thinning, clearing, grazing, or hand removal without a permit. All open space and natural areas must comply with any requirements under state law. All open space areas may include onsite waste water disposal and water wells. All wastewater disposal or wells must comply with any requirements under state law.

r.

Driveways. There shall be no required modification or alteration of any existing driveway. New driveways shall not be required to conform to city standards regarding driveways, and may be created, altered or modified without city approval.

D.

Project Review. Equipment or structures related to manufacturing concrete products or processing landscaping and building materials, including rock crushers, asphalt plants, batch plant structures, repair and fabrication shops, office spaces, or similar equipment or buildings that is customary and incidental to such use, may be installed subject only to the issuance of a building permit. Notwithstanding subsection (C), the addition of all other buildings or structures shall be subject to the standards in Chapter 17.30 and discretionary review by the following individual or body:

1.

Community Development Director. New buildings or additions to existing buildings of ten thousand square feet or less.

2.

Development Review Committee. New buildings or additions to existing buildings of between ten thousand and one and twenty thousand square feet.

3.

Planning Commission. New buildings or additions to existing buildings of more than twenty thousand and one square feet.

E.

Taxes and Assessments. The city shall not to impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) within the SEID combining zone related to a city service or utility except in exchange for service requested by and provided to existing or new uses within the SEID combining zone. In the event that the city provides such a service for an existing use, the city charge shall not exceed the standard utility connection fees.

F.

Financing Public Improvements or Facilities. The city shall not impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) from properties within the SEID Combining Zone related to the financing of a public improvement or facility, or the operation or maintenance of a public improvement or facility.

G.

Dedications of Rights-of-Way. The city shall not require the dedication of, or take, rights-of-way or other property within the SEID combining zone for public use. Notwithstanding the foregoing, the city may request, but shall not require, the dedication of right-of-way as part of the city's development review process for any discretionary project, including a new building or an addition to an existing building, of more than five thousand square feet.

H.

Existing Legally Nonconforming Uses. The city shall not impose any restriction or limitation on the hours of operation, number of employees, the number of vehicle or truck trips, number of customers, noise, dust, lights, odor, vibrations, or the amount or volume of material hauled in or out of existing legal nonconforming uses in place at the time of adoption of this combining zone.

(Ord. No. 811, § 3(Exh. B), 1-11-2022)