Banner Mountain Homeowners Association (BMHA) Est. 1984 
Contractor Storage
This is a difficult issue to quickly explain, however, many residents are concerned since the "Contractors Equipment Yard amendment to the Zoning Ordinance - ORD10-001" would allow heavy equipment storage on residentially zoned parcels. Everyone who is on a property zoned residential should be concerned.
The following paragraphs are from a letter identifying some of the issues in this situation which was submitted to the Nevada County Planning Commission by Helene Hall on behalf of the Federation of Neighborhood Associations of Nevada County (FONA).
Re: Draft Ordinance ORD10-001 – Zoning Ordinance Accessory Storage/Contractors Equipment Yards
Dear Commissioners:
The Federation of Neighborhoods is strongly concerned that the proposed ordinance Sec. L-II 3.29, allowing commercial contractors equipment storage in residential areas, could have significant impacts on residential neighborhoods in Nevada County, especially on very small lots in the “R1”and certain “RA” zone districts.
Measure A: Identified in the March 24, 2011 Planning Commission Staff Report, Measure A was passed by the voters in 1983, specifically restricting commercially operated storage facilities to commercial and industrial areas. Measure A was further incorporated into General Plan Policy 28, prohibiting “commercially operated facilities for storage of goods, machinery, equipment, or personal property in all areas of the County other than in areas designated primarily for commercial or industrial land uses. No expansion shall be permitted of any existing storage facilities except for facilities already in areas so designated as commercial or industrial.”
We strongly believe that the proposed Section L-II 3.29, Accessory Storage, conflicts with Measure A.
Has a legal analysis been prepared that finds the proposed ordinance consistent with Measure A?
CEQA: The recommended standards do not adequately address residential concerns, including noise, private road maintenance, lighting and visual impacts. In R1 zoning within a Planned Development, a lot could be smaller than 10,000 square feet with a 5’ setback from a side property line (only 10’ if doubled). This issue has come up time and time again over the past 20+ years, with no “solution,” because of neighborhood concerns. Given the volatile history of the proposed use, and conflicts with the General Plan (Land Use Policy 1.28, and Noise Policy 9.1 which limits noise standards to discretionary and ministerial projects, excluding permitted residential uses), a General Rule CEQA exemption (the activity is not a project and will not result in a direct or foreseeable change in the environment, either directly or indirectly), is inadequate. At the very least, an Initial Study is needed to evaluate potential impacts and to provide mitigation measures that ensure adequate standards which will not negatively impact surrounding property owners.
There are, additionally, some ambiguities within the proposed ordinance that would need to be addressed, such as who determines “adequately screened” and a confusing Section C.7. We ask that the Commission please return this project for adequate environmental review and noticing.
You can find out more via the following link to all the documents pertaining to this issue on the Nevada County website.
The Public workshop from June 1st did not accomplish what was desired. The planning dept compiled the comments and re-drafted the zoning ordinance. The resulting proposed ordinance is basically not improved enough to make a difference.
Review the revised proposed ordinance as a PDF.
The Original Ordinance is presented below
Section L-II 3.29 Accessory StorageA. Purpose. To allow for the limited outdoor storage of materials, large vehicles, heavy equipment and/or machinery used for an offsite trade in specified zones when such storage is secondary to the primary residential use of the land.
B. Definitions.
Accessory Storage- An area of land utilized for the limited accessory outdoor storage of materials, large vehicles, heavy equipment and/or machinery used for an offsite building or construction trade related business.
C. Standards.
The accessory outdoor storage of large vehicles, heavy equipment or machinery and materials shall be allowed in the R1, RA, AG, and FR zoning districts subject to the following:
- All Accessory Storage shall be owned and operated by the owner and/or resident of the property and shall be clearly incidental and subordinate to the primary residential use of the property.
- All Accessory Storage shall be located a minimum distance equal to double the applicable building setbacks for the base zoning district unless adequately screened from view.
- All lighting shall be consistent with Section L-II 4.2.8: Lighting.
- The onsite starting, warming-up and idling of all large vehicles, heavy equipment and/or machinery shall not exceed an idle time duration of more than 5-minutes, unless a longer idling time is necessary and performs a specific function.
- Accessory Storage related vehicle trips shall not exceed six (6) round trips a day.
- All stored vehicles, heavy equipment and/or machinery shall be operable and all Accessory Storage is subject to the regulations of local, state and federal agencies applicable to the type of materials and/or equipment stored. This shall include but not be limited to compliance with all air quality regulations, the Zoning Ordinance, the California Building Code, the California Fire Code, and all Health and Safety Regulations that are enforced by the Department of Environmental Health. The storage of Hazardous Materials shall be limited to amounts below regulatory threshold quantities of less than 200 cubic feet of compressed gas, 500 pounds of solids, or 55 gallons of liquids. No amount of hazardous waste associated with the business shall be stored on the property and no quantity of extremely hazardous materials shall be stored on the property.
- The outdoor area for storage of materials, including smaller vehicles, equipment and/or machinery that have a curb weight less than 10,000 pounds, shall be contained within four aggregate areas as shown under the “Materials” column below. The storage of large vehicles, heavy equipment and/or machinery that have individual curb weights equal to or greater than 10,000 pounds may be located outside of the materials and smaller vehicle aggregate areas, as shown below.
Table L-II 3.29.A |
||||
Allowed Accessory Storage* |
||||
Lot Size |
Materials |
Large Vehicles, Heavy Equipment or Machinery |
||
Sites Zoned R1 |
Sites Zoned RA, AG, and FR |
Sites Zoned R1 |
Sites Zoned RA, AG, and FR |
|
0.99 acres or less |
250 |
500 |
1 |
2 |
1.00-2.99 acres |
500 |
1,500 |
2 |
4 |
3.00-4.99 acres |
750 |
2,000 |
3 |
6 |
5.00 acres or greater |
1,000 |
2,500 |
4 |
8 |
*A single commercial passenger vehicle and/or truck used for the operation of the offsite trade shall not count towards the maximum allowed footprint of Accessory Storage under Table L-II 3.29.A. Any additional commercial passenger vehicles and/or trucks that are used for the offsite trade and stored onsite however, will count towards the overall allowed maximum footprint.
8. Exceptions to Standards. The standards listed above may be exceeded or waived with the approval of a Variance issued pursuant to Section L-II 5.7.