§ 13.01

This Chapter may be referred to as the "Nevada County Subdivision Ordinance."

(Ord. 2531. (10/24/2023))

This Chapter is enacted pursuant to and supplementary to Cal. Gov't Code §§ 66410—66499.40 and other provisions of the State for the purpose of adopting regulations for the design and improvement of subdivisions within the unincorporated territory of the County of Nevada, State of California.

(Ord. 2531. (10/24/2023))

As used in this Chapter, the following words and phrases shall have the meaning provided for them in this Section:

• A -

Advisory Agency refers to the body that is charged by the Board of Supervisors with making investigations and reports on the design and improvements of proposed divisions of real property, imposing of requirements of conditions thereon, and having the authority by local ordinance to approve, conditionally approve or disapprove a tentative map.

In the case of subdivisions proposing the creation of four (4) or fewer parcels and that require the filing of a parcel map, the Advisory Agency shall be the Zoning Administrator as designated in the Administrative Code of the County of Nevada.

In the case of subdivisions that require the filing of a final map, the filing of a parcel map that creates more than four (4) lots, or that create parcels containing sixty (60) acres or more, the Advisory Agency shall be the Planning Commission as that Commission is provided for in the Administrative Code of the County of Nevada.

Appeal Board refers to the Board of Supervisors, which shall be charged with hearing and making final determinations upon any appeals with respect to divisions of real property, the imposition of requirements

or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or required by the Advisory Agency.

Any decision of the Zoning Administrator or Planning Commission may be appealed directly to the Board of Supervisors.

Applicant means a person, firm, corporation, partnership, association, or other entity that submits a tentative map on behalf of themselves or others. The applicant may be the legal owner of the subject property, prospective buyer or authorized representative. No form signed by the owner of the property consenting to the filing of the tentative map is required.

Approved Access, when considering subdivisions that create parcels containing between twenty (20) and forty (40) acres in area or parcels zoned commercial or industrial, shall be interpreted to mean legal road access to a maintained public street or highway, which road access complies with adopted County road standards for width, grade, alignment and improvement.

- B -

Board Of Supervisors means the Board of Supervisors of the County of Nevada.

- C -

Contiguous means parcels having any point or line common to both parcels. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way.

County means the County of Nevada, a political subdivision of the State of California.

County Road is any road accepted into the County Road System pursuant to Cal. Sts. & High. Code § 941 or any road for which an offer of dedication to the County has been accepted or accepted subject to improvements.

- D -

Department of Public Works is the County department which shall advise the Zoning Administrator or Planning Commission concerning streets, engineering and matters related to the office of County Surveyor.

Design means: (1) Street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park and recreation purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or applicable specific plan currently adopted by the County.

Development means the uses to which the land, which is the subject of a map, shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

• E -

Environmental Subdivision refers to a subdivision of land for biotic and wildlife purposes pursuant to Cal. Gov't Code § 66418.2 and Section 13.02.020, governing "Environmental Subdivisions" of this Chapter.

- F -

Final Map refers to a map prepared in accordance with the provisions of this Chapter and any other applicable local ordinance, which map is designed to be placed on record in the office of the Clerk Recorder for the purpose of creating lots or parcels.

Flood Hazard is the possibility of occurrence of overflow stormwater causing flooding of land or improvements or having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings or to cause erosion of banks or channels.

Freeboard is the vertical distance from the water level in a ditch or channel to the top of bank or berm.

- G -

Grading Plan is an engineering plan prepared in accordance with Chapter governing "Buildings" of this Code.

Gross Area means the total area of the lot computed to the centerline of adjacent public or private streets, roads, highways or special district or public utility rights-of-way. If the parcel to be divided lies on both sides of the road or right-of-way, the total area of the right-of-way lying within the parcel may be computed in gross area. The area of limited-access State or Federal highways shall not be computed in gross area. Gross Area may include property devoted to lakes, reservoirs or streams if underlying fee is owned by the subdivider and the inundated area does not exceed twenty-five percent (25%) of the area of the parcel being created.

- I -

Improvement refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final or parcel map thereof.

fers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final or parcel map thereof.

Improvement may also refer to such other specific improvements or types of improvements, the installation of which either the subdivider, public agencies, private utilities, any other entity approved by the local agency or by a combination of any of the foregoing, is necessary or convenient to ensure conformity with or implementation of the general plan or applicable specific plan currently adopted by the County.

Improvement Plans are engineering plans prepared by or under the direction of a civil engineer registered by the State of California showing the location and construction details of all improvements required for the subdivision.

Inundation is ponded stormwater or stormwater in motion of sufficient depth to damage property due to the mere presence of water or the depositing of silt.

• L -

Land Project refers to a subdivision that satisfies all of the following conditions:

1.

The subdivision contains fifty (50) or more parcels of which any fifty (50) are both: (a) not improved with residential, industrial, commercial, or institutional buildings and (b) offered for sale, lease or financing for the purposes other than commercial, institutional, or commercial agricultural uses.

2.

The subdivision is located in an area in which reside less than one thousand five hundred (1,500) registered voters within the subdivision or within two (2) miles of the boundaries of the property described in the final public report issued by the Department of Real Estate, State of California.

3.

Not constituting a community apartment project as defined in Cal. Bus. & Prof. Code § 11004, a project consisting of condominiums as defined in Cal. Civ. Code § 783, or a stock cooperative as defined Cal. Bus. & Prof. Code § 11003.2.

Legislative Body is the County of Nevada Board of Supervisors.

Local Agency means the County of Nevada, State of California.

Lot means that portion of a parcel of land that is delineated or described as a single unit on the subdivision map.

Lot Area means gross area for new parcels that contain one (1) acre or more, and net area for new parcels that contain less than one (1) acre.

- N -

Natural Drainage Course is a drainage course having definable sides and bottom, but one that will not necessarily have year-round flow.

Net Area means the total area of the lot owned by the current parcel owner or owners of record, exclusive of areas currently devoted, dedicated, or to be dedicated for roads, easements or water bodies.

- O -

Off-Site is anything lying outside the boundaries of a final map or parcel map.

- P -

Parcel is all land which, prior to legal division, is contiguous and under one (1) ownership.

Parcel Map refers to a map prepared in accordance with the provisions of this Chapter and any other applicable local ordinance, which map is designed to be placed on record in the office of the Clerk Recorder for the purpose of creating lots or parcels.

Preliminary Soils Report means a report prepared by a soils engineer based upon adequate test boring or excavation describing the conditions of the soils in the subdivision.

- R -

Remainder means the contiguous property of a subdivider which is not included within the boundaries of a final map or a parcel map.

• S -

Soils Engineer is a licensed civil engineer, experienced in engineering geology, responsible for the soils engineering work outlined in this Chapter, including supervision, analysis and interpretation in the field of investigation and laboratory tests for a specific project, preparation of geologic and soils engineering recommendations and specifications, and supervision of grading construction work.

Specifications refer to the documents necessary to bring to a successful conclusion the improvements required in the subdivision. The specifications describing the method in which the work is to be accomplished shall be approved by the Department of Public Works.

Standard Specifications is the latest edition of the Nevada County Standard Construction Specifications or the latest edition of the Standard Specifications and Standard Plans of the State of California, Department of Transportation (Caltrans). Nevada County's Standard Specifications and Plans shall govern over Caltrans' Standard Specifications and Plans. Special provisions shall govern over both of these Standard Specifications and Plans.

Streets include public and private roads and highways.

Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others. Contractors and subcontractors, including but not limited to consultants, employees, engineers and surveyors, employed to render services for the development of the divided property shall be excluded from the definition of "subdivider."

Subdivision means the division of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Subdivision includes a condominium project as defined in Cal. Civ. Code § 783, a community apartment project as defined in Cal. Civ. Code § 4105 or Cal. Bus. & Prof. Code § 11004 or the conversion of five (5) or more existing dwelling units to a stock cooperative as defined in Cal. Bus. & Prof. Code § 11003.2. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for the purposes of computing the number of parcels.

Subdivision Map Act means Cal. Gov't Code §§ 66410—66499.40.

Swale is a natural depression through which stormwaters travel but does not have well-defined sides and bottoms.

• T -

Tentative Map refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. Any division of land within the County shall require the filing of a tentative map with the appropriate Advisory Agency for review and any conditions deemed necessary.

- V -

Vesting Tentative Map refers to a map which meets the requirements of Cal. Gov't Code §§ 66424.5(a) and 66452 and is authorized and approved pursuant to Cal. Gov't Code §§ 66498.1—66498.9, and Section governing "Vesting Tentative Maps" in Section 13.02.130 of this Chapter.

(Ord. 767. (10/26/1976); Ord. 1097. (07/19/1982); Ord. 1883. (04/11/1995); Ord. 1896. (01/16/1996); Ord. 1919. (11/05/1996); Ord. 2009. (10/26/1999); Ord. 2531. (10/24/2023))

A.

The Planning Commission of the County shall be the Advisory Agency for all subdivisions dividing property into five (5) or more parcels, whether a final map or parcel map is required.

B.

The Zoning Administrator of the County shall be the Advisory Agency for all subdivisions dividing property into four (4) parcels or fewer.

C.

The Planning Director of the County shall be the Advisory Agency for all Urban Lot Splits pursuant to Cal. Gov't Code §§ 66411.7—66413.5.

(Ord. 2531. (10/24/2023))

A.

The necessity for tentative, final and parcel maps shall be governed by the provisions of this Section.

B.

Tentative maps shall be filed with the appropriate Advisory Agency for review, conditions and approval for any subdivision.

C.

A final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five (5) or more parcels or the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where one (1) of the following occurs:

1.

The land before the division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the latest adopted County standards.

2.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway.

3.

The land consists of one (1) or more parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which will comply with adopted County of Nevada standards for street alignments and widths.

4.

Each parcel created by the division has a gross area of forty (40) acres or more or is a quarter-quarter section or larger.

5.

When land before division was conveyed by testamentary disposition to more than one (1) person, each with an undivided interest, the individuals desire to segregate their interest in the property, and a note stating that the parcels are being created through testamentary disposition appears on the map.

D.

A parcel map shall be required for all subdivisions creating four (4) or fewer parcels and those subdivisions excepted from the requirement of a final map by Subsections 1—5 of Subsection C above.

E.

This Section shall apply to subdivisions created for the purpose of gift, since division of a parcel for this purpose will result in parcels that may be sold immediately or in the future.

F.

This Section shall not apply to boundary line adjustments. Provisions for boundary line adjustments are contained within Section 12.04.030 of the Nevada County Code.

G.

Whenever a provision of this Chapter requires the filing of a tentative map for a development, a vesting tentative map may instead be filed in accordance with the provisions of Section 13.02.130.

(Ord. 1883. (04/11/1995); Ord. 1896. (01/16/1996); Ord. 2531. (10/24/2023))

A subdivider, applicant, public agency or any interested person may file an appeal with the appropriate Appeal Board concerning any decision of the Advisory Agency. Any such appeal shall be filed with the Clerk of the Appeal Board within ten (10) days after the action of the Advisory Agency that is the subject of the appeal except in the case of denial of an extension of time, where a fifteen (15)-day appeal period is expressly provided for in this Chapter. Upon filing the appeal, the Appeal Board may set the matter for public hearing or may reject the appeal without hearing. Any on an appeal shall be held within thirty (30) days after the filing of the appeal in a manner prescribed in Section 13.01.070. If the appeal is rejected, the appellant shall be notified within seven (7) days from the date of the Appeal Board's decision. If a public hearing is held, the Appeal Board shall render its decision within seven (7) days from date of conclusion of the hearing. Any hearing may be continued from time to time.

The Appeal Board, in acting upon an appeal may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may make findings and impose conditions as are not inconsistent with the provisions of this Chapter.

(Ord. 767. (10/26/1976); Ord. 2531. (10/24/2023))

(Ord. 2531. (10/24/2023))

Whenever a public hearing is held pursuant to this Chapter, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given at least ten (10) days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation published and circulated within the County. In addition to notice by publication, the local agency may give notice of the hearing in such other manner as it may deem necessary or desirable. Any interested person may appear at such hearing and shall be heard.

(Ord. 2531. (10/24/2023))

When the provisions of the Subdivision Map Act or of this Chapter require the execution of any certificate or affidavit or performance of some act by or on behalf of the County, no document shall be executed, nor shall such act be performed, other than by some person duly qualified therefore and designated so to act by the Board of Supervisors.

(Ord. 1808. (11/10/1992); Ord. 2531. (10/24/2023))

In any case where a person, firm or corporation acquires legally established, contiguous lots or parcels, there shall be no requirement for the filing of duplicate parcel or final maps, or records of survey, prior to sale of each parcel.

(Ord. 2531. (10/24/2023))

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of this Chapter or any previous ordinance of the County, is voidable at the sole option of the grantee, buyer or person contracting to purchase, their heirs, personal representative, or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation of the provisions of this Chapter, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir or devisee.

Any grantee, or their successor in interest of real property that has been divided, or that has resulted from a division in violation of the provisions of this Chapter or any previous ordinance of the County, may, within one (1) year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of this Chapter or the previous ordinance and against the successors in interest who have actual or constructive knowledge of such division of property.

This division does not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled, and any such local agency or other public agency, or such person, firm or corporation may file a suit in the Superior Court of the county in which any real property attempted to be subdivided or sold, leased or financed in violation of this division is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this division.

The local agency shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or any previous ordinance if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation or whether the applicant therefore is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of their interest in such real property.

If the local agency does issue a permit or grant approval for the development of any such real property, it may impose such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Ord. 2531. (10/24/2023))

Unless otherwise exempted by law, no person shall sell, lease, finance or convey in any manner any parcel or parcels of real property; commence construction of any building, except for model homes, for sale, lease or financing on any such property; nor allow occupancy of a building on any such property for which a final map or parcel map is required by this Chapter until such final map or parcel map, in full compliance with the provisions of this Chapter, has been filed for record by the Clerk Recorder. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor.

(Ord. 767. (10/26/1992); Ord. 2531. (10/24/2023))

A.

As a condition of approval of any subdivision, the subdivider shall be prohibited from imposing as a deed restriction and/or within the conditions, covenants and restrictions for the subdivided property a requirement specifying the type of roofing material for any dwelling or other structure built within the subdivision.

B.

Such prohibition shall apply as a condition of approval irrespective of whether or not it is included as an express condition of approval on any letter or notice of approval of any subdivision.

(Ord. 2531. (10/24/2023))

CHAPTER 2. - PROCEDURES