Nevada City Municipal Code Art. I General Provisions

A. This chapter may be cited as the "Nevada City Subdivision Ordinance."

B. This chapter is adopted pursuant to the Subdivision Map Act (Title 7, Division 2, Section 66410 et seq. of the Government Code) and is supplemental thereto. All provisions of that Act not incorporated in this chapter shall, nevertheless, apply to all subdivisions, maps and proceedings hereunder.

(Ord. 369 §§ 1-01, 1-02, 1975)

All subdivision processing time limits contained herein are intended to be superseded by applicable state law under the permit streamlining act. In the event of any conflict between the requirements of the local subdivision ordinance codified in this section and the then-current State Subdivision Map Act or other state laws, state law shall prevail.

(Ord. 92-07 (part), 1992)

The purpose of this chapter is as follows:

A. To establish policies, standards and procedures to regulate and control the design and improvement of subdivisions within the city, and to provide for proper grading and erosion control;

B. To assist in implementing the objectives, policies, general land uses and programs of the general plan, and to ensure that all proposed subdivisions, together with the provisions for their design and improvement, are consistent therewith and with all applicable specific plans;

C. To preserve and protect the natural resources and unique amenities of the environment, including topographic and geologic features; open space lands, recreational areas, and fish and wildlife habitats, and to maximize the public's access to public resources through the dedication and continuance of public easements thereto.

D. To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space.

E. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

F. To provide adequate access to each building site;

G. To provide streets of adequate capacity and design for the traffic that will use them and to ensure the safety of pedestrians and vehicles;

H. To provide sidewalks where needed, pedestrianways, bicycle paths and equestrian and hiking trails for the safety, convenience and enjoyment of the residents of new developments;

I. To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting and other utilities needed for the public health, safety and convenience;

J. To ensure that the costs of providing land for streets, alleys, pedestrianways, easements and other rights-of-way, and the costs of the improvements thereon needed to serve new developments, shall be the responsibility of the subdivides;

K. To provide adequate sites for public facilities needed to serve the residents of new developments;

L. To prevent land which is actually or potentially dangerous or unusable by reason of flooding, geological or soil conditions, inadequate water supply or fire protection, or insufficient sewerage facilities from being subdivided for any use or in any manner which would be detrimental to the public health, safety and welfare;

M. To ensure that the subdivision of land within the city shall be carried out in a manner that will promote the public health, safety, convenience and general welfare.

(Ord. 369 § 1-03, 1975)

Neither the approval nor conditional approval of a subdivision map shall constitute or waive compliance with other applicable ordinances or regulations of the city, nor shall any such approval be deemed to authorize a failure to comply with other ordinances or regulations.

(Ord. 369 § 1-04, 1975)

A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by this chapter, until such map thereof in compliance with the provisions of this chapter has been filed for record in the office of the county recorder.

B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this chapter, until such map thereof in full compliance with the provisions of this chapter has been filed for record in the office of the county recorder.

C. No person shall make any conveyance by parcel or block number, initial or other designation, of any part of a division of real property for which a final or parcel map is required by this chapter, unless and until such map has been filed for record in the office of the county recorder.

(Ord. 369 § 17-01, 1975)

All terms that are defined in the Subdivision Map Act shall have the same meaning when used in this chapter. The following terms, which include certain terms defined in the Act, shall have the following meanings:

"Advisory agency" means the planning commission of the city of Nevada City.

"Approved access" means road access to a maintained public street or highway by way of a private road easement, which road access complies with any adopted road standards as to width, grade, alignment and improvement.

"City engineer" means the county surveyor, performing the duties of a city engineer pursuant to an agreement under Section 66431 of the Subdivision Map Act, or a licensed civil engineer retained by the city.

"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 or recreational purposes; and

9. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity with or implementation of the general plan or any specific plan.

"Final map" means a map prepared in accordance with the provisions of Section 66433 et seq. of the Subdivision Map Act, to be recorded in the office of the county recorder, for the purpose of creating lots or parcels of record, and containing appropriate dedications or offers of dedication for public uses.

"General plan" means the general plan of the city of Nevada City.

"Health officer" means the county health officer.

"Improvement" means such street work and utilities to be installed, or agreed to be installed, by the subdivider, 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 a final map. "Improvement" also refers to such specific improvements or types of improvements, the installation of which by the subdivider, by public agencies, by private utilities, by any other entity approved by the city, or by a combination thereof, is necessary or convenient to ensure conformity with or implementation of the general plan or any specific plan.

"Lot" means a parcel of land which is shown on a tentative, final or parcel map as a single unit, and is identified thereon by a separate and distinct number or letter.

"Parcel map" means a map prepared in accordance with the provisions of Section 66444 et seq. of the Subdivision Map Act, to be recorded in the office of the county recorder, for the purpose of creating lots or parcels of record, and which may contain appropriate dedications or offers of dedication for public uses.

"Pedestrianway" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind, and which may be located within or without a street right-of-way.

"Private road easement" means a parcel of land not dedicated as a public street, over which a private easement for road purposes is proposed to be, or has been, granted to the owners of adjacent property, which intersects or connects with a public street. The instrument creating such easement shall be recorded or filed in the office of the county recorder.

"Public way" means any street, highway, alley, pedestrianway, equestrian or hiking trail, bicycle path, channel, tunnel, bridge, easement, right-of-way or other way in which the public has a right of use.

"Roadway" means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicle.

"Specific plan" means a plan adopted pursuant to the provisions of Section 65450 et seq. of the Government Code.

Street, Collector. "Collector street" means a street which collects and distributes vehicular traffic moving between major and minor streets, and which generally provides direct access to abutting properties.

Street, Cul-de-sac. "Cul-de-sac street" means a street which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround. For the purposes of this chapter, the length of a cul-de-sac street shall be measured from the centerline of the intersecting street along the centerline of the cul-de-sac to the center of the radius of the turnaround.

Street, Major. "Major street" means a street carrying the vehicular traffic of minor and collector streets to and from freeways, the central business district and other major streets, and generally providing direct access to abutting property.

Street, Minor. "Minor street" means any street other than a collector or major street or freeway, providing direct access to abutting property and serving local as distinguished from through traffic.

"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, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers".

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used herein, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

Notwithstanding the foregoing paragraph, two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or under this chapter, or were not subject to such provisions at the time of their creation, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of said Act or this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; provided, however, that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under Title 17 of this code or this chapter, and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued, or which was built prior to the time such permits were required, then such parcels shall be merged for the purposes of the Subdivision Map Act and this chapter. The provisions of this paragraph shall be applicable to such contiguous parcels which have heretofore come under one ownership, as well as to those which may hereafter come under one ownership.

"Tentative map" means a map made for the purpose of showing the design and improvements of a proposed subdivision, and the existing conditions in and around it, which is not to be recorded, and which need not be based upon an accurate or detailed final survey of the property.

"Zoning regulations" means Title 17 of this code.

(Ord. 394 § 1, 1978; Ord. 369 § 2-01, 1975)

Thirty (30) percent of all new lots, including condominium units created as part of approving a parcel map, vesting tentative map or final subdivision map, shall be designated on a map as requiring the construction of a home less than or equal to one thousand five hundred (1,500) square feet in size and a garage not to exceed five hundred (500) square feet in size. If the subdivision map creates two (2) or fewer new lots, none of the new lots shall be limited as set forth above. For maps creating three (3) or more new lots, the number of lots to be limited as set forth above shall be determined by multiplying 0.3 times the number of new lots created and then rounded up or down based on the common mathematical convention. For example, a map creating nine (9) new lots would be required to designate three (3) lots to be limited as set forth above since the number reached per the above formula would be 2.7 which would be rounded up to 3. In addition to designating such lots on the map, the subdivider shall record a deed restriction on each lot informing any potential owner of the lot of the size limitations of the home that can be constructed.

Thirty (30) percent of all homes located in new subdivisions shall be one thousand five hundred (1,500) square feet or smaller. These homes shall be affordable to below moderate-income households. This shall be accomplished through deed restrictions or through an affordable housing plan that includes below moderate-income housing opportunities accomplished through a variety of mechanisms including, but not limited to, size restrictions, rental units, second units, etc. The plan shall be approved by the planning commission and/or city council.

(Ord. 2003-03 § 1, 2003; Ord. No. 2009-07, § 2, 9-9-2009; Ord. No. 2023-07, § 3, 8-9-2023)

Twenty (20) percent of all new single-family lots created as part of approving a parcel map, vesting tentative map or final subdivision map shall contain a second dwelling attached or detached which is not less than three hundred fifty (350) square feet in size nor more than six hundred forty (640) square feet in size, which meets all of the requirements of Sections 17.72.020 and 17.72.030 of the municipal code except the lot size requirements and the unit size requirements. If the subdivision map creates two (2) or fewer lots, none of the new lots shall be limited as set forth above. For maps creating three (3) or more new lots, the number of lots to be limited as set forth above shall be determined by multiplying 0.3 times the number of new lots created and then rounded up or down based on the common mathematical convention. In addition to designating such lots, the subdivider shall record a deed restriction on any such lot informing any potential owner that no building permit shall be issued by the building department unless the plans include a second dwelling unit and informing the new owner that the second residential unit shall not be less than three hundred fifty (350) square feet in size and not more than six hundred forty (640) square feet in size.

(Ord. 2003-03 § 2, 2003)