Chapter 17.108 — DEVELOPMENT AGREEMENTS

The purpose of this chapter is to permit development agreements pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4 of Title 7 of the Government Code. In connection therewith, the city council finds as follows:

A.

The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

B.

Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to

conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

(Ord. 87-2 § 26.010, 1987)

Development agreements, as defined in this title, may be used in any zoning district authorized by this title. Said agreements shall be considered a combining zone with the existing district, and their approval shall be a legislative act, subject to referendum.

(Ord. 87-2 § 26.020, 1987)

The city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this title, so long as such person's interest entitled him to engage in such development.

(Ord. 87-2 § 26.030, 1987)

The procedures stated in this chapter shall govern the issuance of development agreement.

(Ord. 87-2 § 26.040, 1987)

Application for a development agreement shall be made in the same fashion as an application for an amendment to this title. In cases where both rezoning and a development agreement are applied for, duplicate documents need not be submitted.

(Ord. 87-2 § 26.050, 1987)

In addition to the requirements of Section 17.108.050 of this chapter, the following shall be submitted:

A.

A copy of the proposed development agreement, or a substantive summary of the terms proposed to be included in the agreement by the applicant.

B.

A statement signed by the applicant setting out the justification for the agreement, including a statement of special financial or long-term project considerations which make preservation of existing zoning requirements desirable throughout the life of the project.

C.

Submission of the filing fee as established by city council resolution. In the absence of such resolution, the fee shall be the same as for a rezoning application.

(Ord. 87-2 § 26.060, 1987)

Notwithstanding other provisions of this title, a public hearing on an application for a development agreement shall be held by the planning commission and by the city council. Notice of intention to consider adoption of a development agreement shall be given as provided in the Government Code, in addition to such other notice as may be required by law for other actions to be considered concurrently with the development agreement.

(Ord. 87-2 § 26.070, 1987)

At any time, the planning commission may review the project for good faith compliance with the terms of the agreement by the applicant or successor in interest thereto. In the event the commission determines that there is not good faith compliance, it shall refer the matter to the city council, which shall determine, after a hearing, if good faith compliance has occurred. If the city council finds that good faith compliance has not occurred, it may, in its sole discretion, terminate or modify the agreement in order to best preserve the public health, safety and welfare.

(Ord. 87-2 § 26.090, 1987)

A development agreement shall specify duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses to and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. No such agreement shall conflict with the requirements of the zone in which the project is located at the time the agreement is approved, and all such agreements must be in conformity with the General Plan as it exists at the time the agreement is approved.

(Ord. 87-2 § 26.090, 1987)

Unless amended or canceled pursuant to Section 26.080 or 26.120, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation adopted by the city, which alters or amends the rules, regulations or policies specified in Section 17.108.110 of this chapter. The remedies stated in this chapter shall not be construed as limiting any other remedy provided by this title for violation thereof.

(Ord. 87-2 § 26.100, 1987)

Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Ord. 87-2 § 26.110, 1987)

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 17.108.110 of this chapter. An amendment to an agreement shall be subject to the provisions of Section 17.108.020 of this chapter.

(Ord. 87-2 § 26.120, 1987)

No later than ten days after the city enters into a development agreement, the city clerk shall record with the county recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement, but the parties may specify that the agreement cannot be assigned without written consent of the city.

(Ord. 87-2 § 26.130, 1987)

In the event that applicable state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. 87-2 § 26.140, 1987)

Chapter 17.112 - IN-LIEU PARKING PAYMENTS

The city council finds and determines:

A.

That the downtown area described in Article II of Chapter 17.68 constitutes an area in which hardship exists because of the shape, size and location of the properties within the said area, and that the minimum parking requirements within said area can best be met and satisfied to the satisfaction of the property owners, the citizens and the city by providing for the payment of money instead of the furnishing of parking spaces that would otherwise be required. Said money shall be used for the ultimate purpose of developing property in the city for parking purposes.

B.

That the following facts and circumstances exist within said area which classify and qualify the entire area as an area where hardship exists.

1.

Substantially all of said area is built up with business and commercial improvements. There is very little available off-street vacant land available for the individual property owners to develop into privately owned parking areas.

2.

Many of the lots within said area are too small in size to allow for adequate off-street parking on each lot.

3.

Individual property owners have no right of eminent domain to acquire more land adjacent to their buildings and improvements for private off-street parking.

4.

The cost to each property owner of providing individual private off-street parking on or adjacent to the improved properties is prohibitive.

(Ord. 87-2 § 27.100, 1987)

It is the purpose of the city council to fund adequate parking facilities by requiring the payment of in-lieu parking fees.

(Ord. 87-2 § 27.105, 1987)

This chapter shall not apply to single-family residences.

(Ord. 87-2 § 27.110, 1987)

The area covered by this chapter is identical to the historical district as defined in Article II of Chapter 17.68 of this title.

(Ord. 87-2 § 27.115, 1987)

17.112.050 - Payment procedures.

A.

All or part of the requirements for furnishing parking spaces may be satisfied by obtaining a permit from the city council allowing payment to the city of three thousand dollars ($3,000.00), or as amended by subsequent resolutions, for each parking space required by the city council. The city council finds that the foregoing sum is the current reasonable cost of acquiring and constructing each parking space in the said downtown area. The city council may, from time to time, by resolution, adjust the in-lieu parking payment.

B.

"Parking space" is defined as the space required in Chapter 17.80 of this title.

C.

Deposit of Funds Received. Said funds shall be deposited with the city in a special fund and shall be administered, used and expended by the city exclusively for the acquisition or development of off-street parking facilities located insofar as practical in the historic district defined hereinabove.

D.

Payment Prior to Building Permit. The payment of in-lieu parking fees herein shall be paid to the city prior to the issuance of a building permit, or prior to the occupancy permit at the planning commission's discretion.

(Ord. 97-01 § 9, 1997; Ord. 87-2 §§ 27.120, 17.125, 17.130, 1987)

17.112.060 - Refund of fee.

An in-lieu parking payment may be refunded by the city, without interest, to the person who made such payment, or his assignee or designee, if, prior to the date said funds are spent or committed by the city to acquire or develop off-street parking facilities, additional off-street parking spaces are provided for such building other than by the city, so as to satisfy the parking requirement for which the in-lieu payment was made.

(Ord. 87-2 § 27.135, 1987)

When sufficient funds are available to the city to acquire or to improve municipal off-street parking for the historic district, the city may proceed to implement this chapter by acquisition or improvement of the said parking facilities.

(Ord. 87-2 § 27.140, 1987)

A.

The plan and program provided for herein shall be optional with the owner, developer, or lessee of any property in the downtown area, and such owner, developer, or lessee shall have the right at all times to meet and comply with the minimum off-street parking pursuant to city requirements. Any such owner, developer, or lessee who may wish to pay in-lieu parking fees as a possible mitigation rather than provide the minimum off-street parking, shall make a variance application with the planning commission. However, the city planning commission shall determine whether or not there should be:

1.

In-lieu parking payments;

2.

Compliance with the minimum off-street parking requirements; or

3.

A combination of both.

B.

In making a determination to require in-lieu parking payments or compliance with minimum off-street parking requirements, or a combination of both, the planning commission shall consider the following criteria:

1.

The shape and size of the property to be improved;

2.

The proposed use of the property;

3.

Availability of parking in nearby areas;

4.

Number of spaces required for the use under the city's parking ordinance.

(Ord. 91-07, 1991: Ord. 87-2 § 27.145, 1987)

Payment pursuant to this chapter shall not relieve owner, developer or lessee from any ad valorem taxes or special district assessments or from any charges which may be imposed for the use of parking spaces within any established municipal off-street parking facilities. The primary purpose and intended effect of the in-lieu parking payments herein is to make provision for an owner, developer or lessee to be relieved from the duty and obligation now imposed by city ordinances to provide minimum on-site or off-site parking facilities for commercial, business and industrial uses and development, and to provide a method and program for the acquisition or development of future municipally owned or operated off-street parking facilities which may serve said land uses.

(Ord. 87-2 § 27.150, 1987)

Chapter 17.116 - PARK AND RECREATION FEES

A.

This chapter is enacted pursuant to the general legislative power of the city council and pursuant to Government Code Section 66477.

B.

This chapter is adopted in conformity with the General Plan of the city and conforms to the open space element and recreation element of said plan, as amended.

(Ord. 87-2 Art 28(1), 1987)

17.116.020 - Requirement of fee or land dedication.

As a condition of approval of a final map or parcel map or annexation of any lands to the city, or site plan approval of a residential project, the subdivider or owner shall pay a mitigation fee or dedicate land to the city for park or recreational purposes at the time of recording the map or prior to final annexation according to this chapter or at the time of obtaining a building permit for a residential project.

A.

Said fees may be amended from time to time by the city council by resolution after recommendation by the staff of the city.

B.

"Residential projects" shall include an apartment building, a new single-family dwelling, or single-family dwellings created as part of a planned unit development.

(Ord. 87-2 Art 28 (2), 1987)

It is found and determined that the public interest, convenience, health and welfare require that one acre of land be available for each two hundred persons in this city as land solely devoted to public park and

recreational purposes.

(Ord. 87-2 Art. 28 (3), 1987)

In each subdivision, annexation or residential project, the fee for mitigation for park and recreational purposes shall be the sum of eight hundred eighty dollars for each existing or to be created dwelling unit, in excess of the first existing unit. No fee shall be charged for a lot line adjustment which does not create an additional buildable lot nor provide for any additional dwelling unit.

(Ord. 87-2 Art. 28 (4), 1987)

In the event that a subdivider or owner of property offers to dedicate to the city, at its cost, any public recreational facility or park on the site of the residential project, subdivision or property to be annexed, the city shall require a proportionate amount needed to provide one acre of park land for every two hundred persons.

(Ord. 87-2 Art. 28 (5), 1987)

In subdivisions, annexations and residential projects containing less than fifty-one parcels or dwelling units, the planning commission or city council, if there is an appeal, can require only the payment of fees and refuse to accept the dedication of land.

(Ord. 87-2 Art. 28 (6), 1987)

The land, fees or combination thereof received pursuant to this chapter are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, residential project or annexed territory.

(Ord. 87-2 Art. 28 (7), 1987)

Chapter 17.118 - PUBLIC ART REQUIREMENTS

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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 dete1mining 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.

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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 project administration, management and curatorial services as well as the preservation, maintenance, deaccession, moving, replacement and removal of artworks in the City art collection.

(Ord. No. 2023-06, § 2, 7-27-2023)

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:

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).

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

G.

Projects other than temporary art located in the Historical District.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

No public at shall be located in the Historical District, other than temporary public art identified in 17.118.095.

C.

No public art installation shall interfere with the use of buildings, facilities, pedestrian access, or public safety.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

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, 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:

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 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 mi will be adequately maintained so as to ensure and preserve its purpose as a permanent piece of public art in the City.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

17.118.100 - Ownership of Public Art.

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

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.

(Ord. No. 2023-06, § 2, 7-27-2023)

Chapter 17.120 - RECYCLING FACILITIES

As used in this chapter:

"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable

materials. A mobile unit may not remain in any one location more than eight hours. If the unit remains in any location more than eight hours it shall be deemed a small collection facility.

"Recyclable material" is reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 15110.11 and 25143.2(b)(4) of the California Health and Safety Code.

"Recycling facility" is a center for the collection and/or processing of recyclable materials. A "certified recycling facility" or "certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

1.

Collection Facility. A "collection facility" is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 17.120.040 of this chapter. Collection facilities may include the following:

a.

Reverse vending machine(s);

b.

Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

i.

A mobile unit,

ii.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet,

iii.

Kiosk-type units which may include permanent structures,

iv.

Unattended containers placed for the donation of recyclable materials.

"Reverse vending machine(s)" is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles,

and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple groupings of reverse vending machines may be necessary.

A "bulk reverse vending machine" is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

(Ord. 88-2 § 1, 1988)

No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

(Ord. 88-2 § 2, 1988)

A single administrative permit may be granted to allow more than one reverse vending machine(s) or small collection facility located on different sites under the following conditions:

A.

The operator of each of the proposed facilities is the same;

B.

The proposed facilities are determined by the city planner to be similar in nature, size and intensity of activity; and

C.

All of the applicable criteria and standards set forth in Section 17.120.040 of this chapter are met for each such proposed facility.

(Ord. 88-2 § 3, 1988)

Those recycling facility permitted with a conditional use permit, or site plan permit shall meet the applicable criteria and standards, provided that the planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this title.

The criteria and standards for recycling facilities are as follows:

A.

Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones except the historical district with a use permit provided that they comply with the following standards:

1.

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

2.

Shall be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

3.

Shall not occupy parking spaces required by the primary use;

4.

Shall occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

5.

Shall be constructed and maintained with durable waterproof and rustproof material;

6.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

8.

Shall be maintained in a clean, litter-free condition on a daily basis;

9.

Operating hours shall be at least the operating hours of the host use;

10.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

B.

Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones except the historical district with a permit, provided they comply with the following conditions:

1.

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

2.

Shall be no larger than five hundred square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

3.

Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;

4.

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official;

5.

Shall use no power-driven processing equipment except for reverse vending machines;

6.

Shall use containers that are constructed and maintained with durable waterproof and rustproof materials, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

8.

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

9.

Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;

10.

Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours between eight a.m. and six p.m.;

11.

Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

12.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

13.

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of sixteen square feet, in addition to informational signs required in subdivision 12 of this subsection;

b.

Signs must be consistent with the character of the location;

c.

Directional signs, bearing no advertising message, may be installed with the approval of the city planner, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

d.

The city planner may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.

14.

The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto;

15.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

16.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

17.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

c.

The permit will be reconsidered at the end of eighteen months.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:

For a community facility host use:

A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use.

18.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Ord. 88-2 § 4, 1988)

Chapter 17.122 - PROJECT RECYCLING FACILITIES

The following definitions shall apply to the language contained in this chapter:

"Development project" means any of the following:

1.

A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five (5) or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five (5) or more living units;

2.

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste;

3.

The definition of development project only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves five (5) or more living units. In such instances, recycling areas as specified in this chapter are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

"Floor area of a marina" means the space dedicated to the docking or mooring of marine vessels.

"Improvement." An improvement adds to the value of a facility, prolongs its useful life, or adapts it to new uses. Improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

"Public facility" means and includes, but is not limited to, buildings, structures, marinas, and outdoor recreation areas owned by a local agency.

"Recycling area (areas for recycling)" means the space allocated for collecting and loading recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

(Ord. 94-01 Exh. A (part), 1994)

17.122.020 - General requirements.

A.

Any new development project for which an application for a building permit is submitted on or after September 1, 1994, shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

B.

Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

C.

Any existing development project for which an application for a building permit is submitted on or after September 1, 1994 for a single alteration which is subsequently performed that adds thirty (30) percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

D.

Any existing development project for which an application for a building permit is submitted on or after September 1, 1994 for multiple alterations which are conducted within a twelve (12) month period which collectively add thirty (30) percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

E.

Any existing development project for which multiple applications for building permits are submitted within a twelve (12) month period beginning on or after September 1, 1994 for multiple alterations which are subsequently performed that collectively add thirty (30) percent or more to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials.

F.

Any existing development project occupied by multiple tenants, one (1) of which submits on or after September 1, 1994, an application for a building permit for a single alteration which is subsequently performed that adds thirty (30) percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting

and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

G.

Any existing development project occupied by multiple tenants, one (1) of which submits on or after September 1, 1994 an application for a building permit for multiple alterations which are conducted within a twelve (12) month period which collectively add thirty (30) percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

H.

Any existing development project occupied by multiple tenants, one of which submits within a twelve (12) month period beginning on or after September 1, 1994 multiple applications for building permits for multiple alterations which are subsequently performed that add thirty (30) percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide adequate,

accessible, and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

I.

Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

(Ord. 94-01 Exh. A (part), 1994)

17.122.030 - Guidelines for all development projects.

A.

Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with the architectural review standards set forth in the Nevada City zoning ordinance. In addition, recycling areas shall meet the following requirements:

1.

The recycling area shall be designed to screen the recyclable materials from view by the public and neighboring property and shall be located so as not to unreasonably interfere with the neighbors' rights to quiet enjoyment of their property.

B.

The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

C.

The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building access, transportation, circulation, or safety. All flammable or combustible materials shall be stored in proper containers and located at safe distances from buildings and other combustible materials.

D.

Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

E.

Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

F.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

G.

Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

(Ord. 94-01 Exh. A (part), 1994)

17.122.040 - Additional guidelines for single-tenant development projects.

A.

Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

B.

Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

C.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area.

(Ord. 94-01 Exh. A (part), 1994)

A.

Recycling areas shall, at a minimum be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section 17.122.030 of this chapter.

B.

Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section 17.122.030 of this chapter.

C.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area(s) pursuant to Section 17.122.030 of this chapter should be located within the recycling area.

(Ord. 94-01 Exh. A (part), 1994)

A.

Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state, or local laws relating to fire access, building, transportation, circulation, or safety.

B.

Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect, and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

(Ord. 94-01 Exh. A (part), 1994)