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1 - Introduction 2 - Vision Statement 3 - Land Use 4 - Circulation 5 - Conservation 6 - Noise 7 - Safety 8 - Recreation 9 - Historical 10 - Community Design 11 - Glossary - Maps |
CHAPTER FIVE CONSERVATION/OPEN SPACE ELEMENT Introduction The Conservation and Open Space Elements are being combined in the 2020 Grass Valley General Plan Update. Both are mandatory General Plan Elements under State law. The Conservation/Open Space Element addresses those aspects of conservation and open space determined most important to Grass Valley. It supplements, but does not replace, the Mineral Resources Element adopted by the City in 1993. Government Code Section 65302(d) mandates that a Conservation Element address the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. Other issues may be addressed as deemed appropriate by the local jurisdiction including, but not limited to: The reclamation of land and waters; prevention, control and correction of erosion; flood control; prevention and control of the pollution of streams and other waters; and protection of watersheds. The Conservation Element requirements overlap those of the Open Space and Land Use Elements as well as the Safety and Circulation Elements. The Conservation Element is distinguished by being primarily oriented toward natural resources. Government Code Section 65560 et seq., outlines the relevant issues to be addressed in an Open Space Element including, but not limited to, open space for the preservation of natural resources, managed production of resources, recreational use, and public health and safety. The Open Space Element overlaps with the Land Use, Conservation and Safety Elements. State law mandates an ambitious and detailed planning effort for open space, comparable only to the requirements for the Housing Element. Open space can serve a variety of purposes. It can be used as the focal point of a community in the form of local and regional parks or as a means of preserving significant features in the area. Open space may be designated and set aside for natural resource protection, recreation, or aesthetics. It may be incorporated into and complement development. Open space may be either private or public land, and may or may not be suitable for public access. It may be productive economically, such as agriculture or timber lands, or it may have no economic value other than the raw land itself . Definitions The following definitions are provided as background for the Conservation and Open Space Element: Conservation: The management of natural resources to prevent waste, destruction, or neglect. Open Space Land: As defined in Section 65560(b) of the Government Code, "open space land" is any parcel or area of land or water which is essentially unimproved and devoted to an open-space use such as: Open Space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecological and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lake shores, banks or rivers and streams, and watershed lands. Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply. Open space for outdoor recreation, including but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality. It is important to note that conservation means proper use of resources, and does not necessarily connote 1) public ownership, 2) non-use or severely restricted use of land, or 3) guaranteed public access. It is equally important to note that open space 1) may take many forms, 2) may serve a variety of purposes, 3) may be relatively permanently or merely temporarily "open", and 4) does not necessarily connote either public ownership or public access. These caveats are fundamental to an understanding of the roles and responsibilities of the City of Grass Valley in conservation and open space related matters. Conservation/Open Space Goals and Objectives 1-COSG Provide a balance between development and the natural environment, protecting and properly utilizing Grass Valley's sensitive environmental areas/features, natural resources and open space lands. 1-COSO Inventory of sensitive environmental areas and features. 2-COSO Multi-purpose open space lands, accommodating the needs and requirements of open space/conservation, habitat, recreation, and aesthetics. 3-COSO Protection of rare and endangered animals and plants. 4-COSO Reduction of urban development impacts on native vegetation, wildlife and topography. 5-COSO Encouragement of wildlife through habitat protection. 6-COSO Assurance of appropriate resource conservation and environmental protection measures as prerequisites to development. 2-COSG Protect, enhance and restore hydrologic features, including stream corridors, flood plains, wetlands, and riparian zones. 7-COSO Development of an extensive trail network providing recreational and educational opportunities. 8-COSO Minimize interference with the natural functions of flood plains and naturally flood-prone areas. 3-COSG Ensure the protection of Grass Valley's trees and forested areas. 9-COSO Identification of heritage trees for special recognition and protection. 10-COSO Identification of significant groves and groupings of trees for permanent open space designation. 4-COSG Protect and enhance town entryways, visual corridors and important viewsheds including ridgelines. 11-COSO Identification of particular corridors and views requiring protection or enhancement. 12-COSO Identification of specific aesthetic considerations important to the protection/enhancement of particular corridors and views. 5-COSG Maintain close relationships with public agencies and private organizations regarding conservation, open space and environmental protection. 13-COSO Ongoing communication of information, plans, and concepts. 14-COSO Creation of joint efforts and shared funding responsibilities. 6-COSG Assure compliance with and understanding of air and water quality regulations and standards. 15-COSO Protection of ground- and surface water quality. 16-COSO Inclusion of air and water quality considerations in land use decisions rendered by the Planning Commission and City Council. Conservation/Open Space Issues Vacant Land The availability of vacant land is a major consideration in identifying open space land designations. California law requires the Open Space element to include an inventory of vacant land. The existing land use survey and resulting Existing Land Use Map constitute the vacant land inventory for purposes of the 2020 General Plan. Vacant land is essentially open space as long as it remains undeveloped, though it may not be considered "permanent" open space unless expressly designated, owned, and/or managed as such. Vacant land within the Planning Area, including the City of Grass Valley, is shown in Figure 5-1. The City of Grass Valley contains 476 acres of vacant land, approximately 19% of the City's total land area of 2,521 acres. According to recent City estimates, as much as 300 acres of the vacant land inventory may be developmentally constrained due to difficult topography, limited access, environmental constraints, or economic constraints (high cost of developing). Developmentally constrained parcels are better candidates for open space opportunity designation than are more readily developed parcels. The unincorporated portion of the Planning Area contains significant undeveloped (vacant) acreage, presenting a potential for designating and protecting substantial open space outside of the City limits. Of unincorporated Planning Area's 7,373 acres, 2,787 acres (38%) is vacant. Three of the four Special Development Areas (SDAs) designated on the Land Use Plan map have annexation agreements with the City of Grass Valley. They are Loma Rica Ranch, North Star, and Kenny Ranch. Combined, they contain nearly 57% of the unincorporated Planning Area's vacant land supply. Annexation agreement commitments to be implemented at the time of development require of the SDAs a combined 436 acres of open space and 50 acres of "recreation" land. Hydrologic Features Permanent and intermittent streams and their surroundings comprise the Planning Area's principal hydrologic features. These include stream corridors, flood plains, riparian zones, wetlands, and canals. Figure 5-2 shows creeks and canals. Grass Valley and the balance of the Planning Area lie primarily within the Wolf Creek drainage basin. The South Fork of Wolf Creek and Little Wolf Creek drain the eastern and southeastern portion of the Planning Area and discharge into Wolf Creek in the central Grass Valley area. Northwestern and western areas are within the upper reaches of the Deer Creek drainage basin, but do not include Deer Creek or substantial tributaries. Stream corridors areas are high priorities for conservation efforts and open space designation. As "riparian" zones, the natural attributes and habitat values of river and stream corridors are sensitive to alteration. If such values are to be preserved, protection from alteration must be afforded the riverine environment. Flood prevention and protection of life and property similarly justify management of the flood prone areas of stream corridors. Grass Valley's location near the headwaters of Wolf Creek and its tributaries minimizes the quantity and velocity of storm water flows through town. However, future development upstream could increase downstream flooding unless appropriate mitigation measures are employed. Keeping development out of flood prone areas is the most expeditious and effective mitigation measure. Flooding during a "100-year event" is limited to relatively narrow areas along Wolf Creek and tributaries (Wolf Creek South Fork and Little Wolf Creek) as they approach and course through Grass Valley. Grass Valley's flood protection ordinance establishes a 100' building setback from streams and rivers subject to flooding. For stretches of stream corridors not covered by the FEMA maps, the 100' setback is used to define the OSO-designated zone. OSO designation will be reinforced by OS designation on the General Plan Land Use Plan map when better information for corridor delineation becomes available. Wetlands in Grass Valley are generally small, isolated features dependent on riparian water, ditch leaks or overflows, diversions, or natural seeps or springs. Man-made or naturally occurring wetlands provide an important biological resource both through provisions of localized habitat and habitat for migratory species and as a natural water filtration system. Wetlands are identified and defined by plants, soils, and frequency of inundation. The presence of wetlands is a consideration for any development. Conservation or mitigation measures must be implemented in the course of any development project likely to have an impact, direct or indirect, on identified wetlands. Figure 5-3 shows delineated wetlands in the Planning Area, as identified on the U.S. Department of Interior's National Wetlands Inventory Map. Delineated wetlands are designated on the OSO overlay. Trees and Forested Areas The decline in recent years of the logging industry in western Nevada County has been paralleled by support for maintenance of healthy forested areas throughout the foothills, including Grass Valley and vicinity. Forest management poses significant challenges on the western slope of the Sierra. The multiple-use forest management concept requires balancing the demands of myriad, often competing, land uses and management practices. These include timber growth and forest management, water quality and watershed protection, recreation, wildland fire considerations, aesthetics, and wildlife management/protection. Perhaps even more difficult challenges arise in the realm of "urban forestry." Here, too, competing demands require balanced approaches. The generally wooded character of Grass Valley and its environs is a large part of the area's allure for residents and visitors, alike. In the absence of a single owner or management entity, however, the future of the "forested character" is in the hands of individual owners, land developers, and local government. The City of Grass Valley has several planning/ordinance provisions addressing trees. They include:
The Land Use Element and other Elements of this General Plan provides for a future land use and development pattern conducive to, but not necessarily guaranteeing, a healthy urban forest for the Planning Area. Key provisions in this regard are designation of high intensity land uses for areas presently sparsely-treed, low-intensity land uses in areas now heavily forested; a flexible Open Space Opportunities land use overlay to the General Plan; and a trails network planned to develop in tandem with natural resource protection. To meet the goals, objectives, and policies of this General Plan, however, additional steps must be taken (see Implementation Actions and Strategies). Entryways, Viewsheds, and Aesthetic Considerations Grass Valley and vicinity have a wide variety of landscapes and scenic resources which provide passive recreational opportunities for residents and visitors alike. Chief among these scenic resources are the views available from many roadways to surrounding open areas as well as to vistas of the foothills and mountains. The 1972 Grass Valley General Plan established State Highway 20 and Highway 49 as scenic highways, and their routes near and through Grass Valley were designated scenic corridors. The purpose of scenic route/corridor designation is to protect views from impacts which could impair aesthetics along identified stretches of a highway corridor. The 1972 General Plan proposed scenic highway policies prohibiting billboards and off-premise outdoor advertising structures along scenic highways, and encouraged landscaping and tree planting along public rights-of-way within the scenic corridor. Scenic highway standards were described within the General Plan which include land use regulations, sign and outdoor advertising regulations, and grading and earth moving regulations. The 1982 General Plan reinforced previous scenic highway efforts through new policies and actions designed to enhance City "entryways". Entryways are Highway 49 and Highway 20. 1982 General Plan policies regarding entryways were: strengthen entryway identity through landscaping, preserve and promote the scenic quality of City streets, preserve and promote visually pleasing arterials and highways, and regulate signs and billboards. The 1982 General Plan recognized the need to address the aesthetic qualities of steep terrain "viewsheds" in and around Grass Valley with the following language : "Preserve the scenic resource value of surrounding prominent hills and ridgelines (policy)" and "establish hillside development standards which will preserve the scenic quality of surrounding hills (action)". Grass Valley has implemented some aspects of the scenic highway/entryway and hillside/ridgeline General Plan provisions through a combination of zoning and design guidelines. However, this General Plan renews the mandate to identify specific corridors and views and to identify specific aesthetic considerations important to their protection (Conservation/Open Element and Community Design Element). Air and Water Quality Air quality is subject to the regulatory provisions of the California Clean Air Act (CCAA) and the Federal Clean Air Act (FCAA). The Northern Sierra Air Quality Management District is the Responsible Agency for administering air quality laws and regulations in Nevada County, pursuant to Section 40000 et seq. of the California Health and Safety Code. This General Plan addresses air quality in several ways. Among the more prominent are: non-motorized circulation modes (trails and sidewalk network; public transit support; urban forestry and open space provisions; future land use patterns which discourage sprawl. Protection of water quality in Grass Valley and western Nevada County is the responsibility of several agencies, principally the Environmental Protection Agency (EPA) at the Federal level, State Water Resources Control Board (SWRCB) at the State level, the Central Valley Region of the SWRCB at the sub-state regional level, and Nevada County and Grass Valley at the local level. Primary sources of water pollution in and around Grass Valley are treated wastewater discharge and "non-point" source pollution, particularly storm runoff and siltation from construction projects. Grass Valley is currently engaged in a wastewater treatment facility expansion and storm water separation project in compliance with all State and federal requirements. Mineral Resources Mineral resources, particularly gold, have played a major role in the history of Nevada County and Grass Valley. Since 1849, when gold was first discovered in the area, to the years preceding World War II, most of the County's population was economically supported, directly or indirectly, by the local gold mining industry. Metals produced in the Grass Valley area since 1850 include lode gold, chromite, crushed stone, and placer gold. In order to promote the conservation of the state's mineral resources, and ensure adequate reclamation of mined lands, the Surface Mining and Reclamation Act of 1975 (SMARA) was enacted. Pursuant to SMARA, the City of Grass Valley adopted a Mineral Resources Element of the General Plan in 1993. That Element remains current, and is not being revised or updated at this time. SMARA requires that the State Geologist classify land in California for its mineral resource potential. Local governments are required to incorporate the mineral and classification reports and maps into their general plans and consider the information when making land use decisions. Areas subject to mineral land classification studies are divided into various Mineral Resource Zone (MRZ) categories that reflect varying degrees of mineral potential. Areas classified MRZ-2 are those containing potentially significant mining deposits. The existence of deposits may be actually measured or indicated by site data (MRZ-2a), or inferred from other sources (MRZ-2b). All areas within Grass Valley and the Planning Area are classified by the State Division of Mines and Geology as MRZ-2. Mineral land classifications will be of continuing importance as Grass Valley prepares for annexation of formerly productive mine properties. Also of importance will be the state of abandoned, un-reclaimed mines and the dangers they pose to life and property (see Safety Element for discussion of mine hazards). Conservation/Open Space Policies 1-COSP Continue to identify mineral resources and to develop policies addressing their protection from competing land uses, minimizing impacts on mining activities, in compliance with State law. 2-COSP Establish an active program of land/development rights acquisition in order to protect sensitive environmental areas and features. 3-COSP Encourage clustering, density averaging, and other techniques in larger-scale new developments, as means of preserving open space and natural systems. 4-COSP Establish standards for inclusion and management of permanent open space in new developments. 5-COSP Carefully regulate development on steep slopes. 6-COSP Prevent excessive alteration of the natural topography. 7-COSP Recognize and reinforce Grass Valley's public park system. 8-COSP Study the potential for inter-jurisdictional transfer of development rights. 9-COSP Carefully regulate development for location in flood hazard areas. 10-COSP Establish a city trail network program for friendly acquisition, development and administration of a natural trails system. 11-COSP Return to open space, areas within which flooding poses a clear danger to life and property. 12-COSP Enhance the City's tree ordinance addressing tree maintenance and protection both within new developments and elsewhere in the City. 13-COSP Assist property owners wishing to preserve and protect heritage trees and significant groves. 14-COSP Establish a program to identify and administer a viewshed/view corridor protection program. 15-COSP Assign responsibility for the viewshed/view corridor program. 16-COSP Incorporate viewshed/view corridor standards into the Design Element of the General Plan, City Design Guidelines and other appropriate developmental documents. 17-COSP Utilize the services and expertise of organizations involved in resource conservation and open space protection. 18-COSP Develop and achieve agreement with the County of Nevada on a strategy for conservation and open space protection within the Grass Valley Planning Area and City's Sphere of Influence. 19-COSP Enlist the interest and efforts of appropriate state and federal agencies and private foundations regarding conservation and open space protection. 20-COSP Establish, in cooperation with Nevada County, an urban limit line beyond which urban land uses, densities, facilities and services will not extend. 21-COSP Continue to implement water quality improvement plans, including storm water separation and sewage treatment plant expansion. 22-COSP Implement circulation/transportation measures designed to reduce reliance on the automobile. 23-COSP Respond appropriately to state and federal air and water quality policies and policy changes, understanding the implications of regulations and standards, and maintaining a continuing public education program. Open Space Opportunity Overlay and Description Figure 5-4 shows the Open Space Opportunity (OSO) overlay as previously described in the Land Use Element. The Open Space Opportunity overlay is a flexible tool to be altered as needed. At all times it will depict 1) areas already secured as permanent open space or related (parks and recreation) General Plan designation and 2) areas which, for a variety of reasons, the City has determined to place in permanent open space or related use. An example of the OSO map being used effectively would be to identify a potential park sites in advance of actual purchase. The Land Use Plan map would retain current designations for the time being, enabling owners to use their properties as designated by the General Plan until properties are secured by the City. Once the land is secured as open space (by virtue of public ownership or other arrangement), the "underlying" designation on the Land Use Plan map is changed to an appropriate category. The same approach applies to areas potentially subject to City non-development restrictions. Designation on the OSO overlay indicates City intent, but only actual change on the Land Use Plan map permanently changes the underlying designation. The initial Open Space Opportunity (OSO) overlay map presented here contains the following:
The initial OSO overlay does not at this time depict open space in the three SDA areas with annexation agreements.
When specific plans or other planning instruments are initiated, however, the City shall identify open space opportunity
areas equivalent to allocated acreage for that purpose, and amend the OSO overlay accordingly. Conservation/Open Space Implementation Actions and Strategies 1-COSI Identify, inventory and map essential information related to conservation and open space, utilizing the City's geographic information system. Include definition, delineation, and mapping of sensitive environmental areas. Maintain and update the information base as warranted. 2-COSI Coordinate information inventories and mapping with Nevada County, particularly for unincorporated portions of the Planning Area. 3-COSI Implement the Open Space Opportunity overlay/Open Space Land Use map designation procedure to ensure ongoing designation of appropriate open space lands in the General Plan. Establish open space restrictions, easements, and other protective measures in conjunction with OSO/OS designations. Inventory and place on OSO and Open Space Land Use maps all open spaces previously reserved by past development conditions and development agreements. 4-COSI Maintain a development review process which documents compliance with the various goals, objectives, and policies of the Conservation/Open Space Element. 5-COSI Establish and assign responsibility for land/development rights acquisition for conservation, open space, and park/recreation purposes. 6-COSI Review development ordinances and regulations to assure adequate provision for clustering, density averaging, and other techniques. 7-COSI Prepare and adopt an ordinance regulating development on steep slopes and on ridgelines, for purposes of natural resource and aesthetic protection. 8-COSI Establish and assign responsibility for a continuing program to rehabilitate, restore, and reclaim abused areas. Abused areas include but are not limited to streams and stream corridors, de-forested areas, and un-reclaimed mines. 9-COSI Establish and assign responsibility for a continuing information and technical assistance program for local residents regarding trees and other natural resources. Enlist the support and participation of the Cooperative Extension Service and the California Department of Forestry and Fire Protection in this effort. 10-COSI Assign responsibility for coordination with federal, state, and local agencies regarding conservation/environmental matters. 11-COSI Review sign regulations and landscaping requirements, upgrade City ordinances as required, and develop an effective enforcement program. 12-COSI Review all development regulations germane to flooding and flood prevention. Assure periodic updates of official flood zone maps. 13-COSI Prepare and adopt guidelines for street tree placement and maintenance. 14-COSI Review the Heritage Tree Ordinance and amend the ordinance to provide better protection to unique trees. 15-COSI Prepare and adopt an ordinance for the identification and protection of groves and clusters of trees deemed of special natural and/or aesthetic value. 16-COSI Study and consider a permanent ban on open burning within the City limits. 17-COSI Incorporate applicable mitigation measures specified in the Indirect Source Review Guidelines of the Northern Sierra Air Quality Management District, 1996-1997, in all future discretionary land use approvals. 18-COSI Amend the City of Grass Valley Storm Sewer Master Plan to reflect provisions of the 2020 General Plan. 19-COSI Re-examine the fiscal basis upon which the Storm Sewer Mater Plan is constructed, including development fees and other sources. 20-COSI Coordinate the timing and phasing of planned wastewater facility extensions/improvements with planned extension of other services, expansion of City sewer service areas, annexations, sphere of influence amendments, and other extraterritorial activities. 21-COSI Assure adequate provision for extending sewer service to areas experiencing inadequate on-site disposal systems, should the need arise. 22-COSI Monitor development trends and on-site disposal system inadequacies to ensure that the City's current plans reflect actual conditions. |