§ 17.01
Nevada County Planning Code · 2026-07 edition · ingested 2026-07-09 · Nevada County
Section 17.01.010 - Recreation Mitigation Fees for Truckee-Donner Recreation and Park… ¶
A.
A development impact mitigation fee for recreation is hereby established in unincorporated Nevada County, within the jurisdiction of the Truckee-Donner Recreation and Park District ("the District").
B.
The amount of the mitigation fee shall be adopted by resolution of the Board of Supervisors, after approval of a fee study by the District that meets the requirements of the "Mitigation Fee Act" (Cal. Gov't Code § 66000, or "AB 1600"). The study shall show a reasonable relationship, or nexus, between the purpose and amount of the fee, the need for public facilities to be financed by the fee, and the impacts and type of development on which the fee is imposed.
C.
The mitigation fee shall be imposed on new construction in a manner that is consistent with the Mitigation Fee Act. The mitigation fee proceeds shall be used exclusively for capital assets and improvements that mitigate impacts created by new development. The fee proceeds shall not be used to correct deficiencies, or to upgrade recreational facilities or service levels, for the primary benefit of existing development.
D.
This Section is intended to be fully consistent with the Mitigation Fee Act, the provisions of which are incorporated here by reference. In the event of any inconsistency between Chapter 17.01 and the Act, the Act shall control.
(Ord. 2281. (01/27/2009); Ord. 2531. (10/24/2023))
Section 17.01.020 - Park and Recreation Facilities Mitigation Fees for the Unincorporated Areas of Nevada County (Lying Outside of the Truckee-Donner Recreation and Park District).
All single-family and multi-family residential development within the unincorporated areas of Nevada County and which are outside of the boundaries of the Truckee-Donner Recreation and Park District shall pay to the County of Nevada the following sums at the time of building permit issuance that shall be phased in over time starting from the date of adoption. The final fee amount shall be collected each year thereafter.
lti-family residential development within the unincorporated areas of Nevada County and which are outside of the boundaries of the Truckee-Donner Recreation and Park District shall pay to the County of Nevada the following sums at the time of building permit issuance that shall be phased in over time starting from the date of adoption. The final fee amount shall be collected each year thereafter.
| Western County Recreation Beneft Zone |
Single-Family Dwelling - Year 1 |
Single-Family Dwelling - Year 2 |
Single-Family Dwelling - Year 3 |
Multi-Family Dwelling - Year 1 |
Multi-Family Dwelling - Year 2 |
Multi-Family Dwelling - Year 3 |
|---|---|---|---|---|---|---|
| Grass Valley and | Nevada City Recreation Beneft Zone | |||||
| ≥ 2,500 Square Feet |
$ 1,410.00 | $ 2,096.00 | $ 2,782.00 | $ 1,410.00 | $ 2,096.00 | $ 2,355.00 |
| 750 — 2,499 Square Feet |
$ 1,128.00 | $ 1,677.00 | $ 2,226.00 | $ 1,128.00 | $ 1,677.00 | $ 2,226.00 |
| < 750 Square Feet |
$ 846.00 | $ 1,258.00 | $ 1,669.00 | $ 846.00 | $ 1,258.00 | $ 1,669.00 |
| Twin Ridges Recreation Beneft Zone | ||||||
| ≥ 2,500 Square Feet |
$ 1,410.00 | $ 2,096.00 | $ 2,782.00 | $ 1,410.00 | $ 2,096.00 | $ 2,355.00 |
| 750 — 2,499 Square Feet |
$ 1,128.00 | $ 1,677.00 | $ 2,226.00 | $ 1,128.00 | $ 1,677.00 | $ 2,226.00 |
| < 750 Square Feet |
$ 846.00 | $ 1,258.00 | $ 1,669.00 | $ 846.00 | $ 1,258.00 | $ 1,669.00 |
| Oak Tree Recreation Beneft Zone | ||||||
| ≥ 2,500 Square Feet |
$ 1,410.00 | $ 2,096.00 | $ 2,782.00 | $ 1,410.00 | $ 2,096.00 | $ 2,355.00 |
| 750 — 2,499 Square Feet |
$ 1,128.00 | $ 1,677.00 | $ 2,226.00 | $ 1,128.00 | $ 1,677.00 | $ 2,226.00 |
| < 750 Square Feet |
$ 846.00 | $ 1,258.00 | $ 1,669.00 | $ 846.00 | $ 1,258.00 | $ 1,669.00 |
| Bear River Recreation Beneft Zone Lake of the Pines | ||||||
| ≥ 2,500 Square Feet |
$ 674.00 | $ 1,003.00 | $ 1,331.00 | $ 674.00 | $ 1,003.00 | $ 1,127.00 |
| 750 — 2,499 Square Feet |
$ 539.00 | $ 802.00 | $ 1,065.00 | $ 539.00 | $ 802.00 | $ 1,065.00 |
| < 750 Square Feet |
$ 404.00 | $ 602.00 | $ 799.00 | $ 404.00 | $ 602.00 | $ 799.00 |
| Remaining Development Area | ||||||
| ≥ 2,500 Square Feet |
$ 1,410.00 | $ 2,096.00 | $ 2,782.00 | $ 1,410.00 | $ 2,096.00 | $ 2,355.00 |
| 750 — 2,499 Square Feet |
$ 1,128.00 | $ 1,677.00 | $ 2,226.00 | $ 1,128.00 | $ 1,677.00 | $ 2,226.00 |
| --- | --- | --- | --- | --- | --- | --- |
| < 750 Square Feet |
$ 846.00 | $ 1,258.00 | $ 1,669.00 | $ 846.00 | $ 1,258.00 | $ 1,669.00 |
| Western Gateway Recreation Beneft Zone Lake Wildwood | ||||||
| ≥ 2,500 Square Feet |
$ 413.00 | $ 478.00 | $ 542.00 | $ 413.00 | $ 478.00 | $ 458.00 |
| 750 — 2,499 Square Feet |
$ 330.00 | $ 383.00 | $ 434.00 | $ 330.00 | $ 383.00 | $ 434.00 |
| < 750 Square Feet |
$ 248.00 | $ 287.00 | $ 325.00 | $ 248.00 | $ 287.00 | $ 325.00 |
| Remaining Development Area | ||||||
| ≥ 2,500 Square Feet |
$ 1,410.00 | $ 2,096.00 | $ 2,782.00 | $ 1,410.00 | $ 2,096.00 | $ 2,355.00 |
| 750 — 2,499 Square Feet |
$ 1,128.00 | $ 1,677.00 | $ 2,226.00 | $ 1,128.00 | $ 1,677.00 | $ 2,226.00 |
| < 750 Square Feet |
$ 846.00 | $ 1,258.00 | $ 1,669.00 | $ 846.00 | $ 1,258.00 | $ 1,669.00 |
Western County Recreation Benefit Zone
The above referenced Recreation benefit zones shall mean those zones as such identified in the Nevada County Park and Recreation Facilities Fee Nexus Study.
A.
The Park and Recreation Facilities Mitigation Fee Schedule shall be automatically adjusted annually for the inflation of construction and acquisition costs. The Fee Schedule will be adjusted annually on July 1 of each year beginning in Year 2 (fiscal year 2020/21) from the date of adoption. The adjustment will be based on the 20-City Construction Index as reported in the Engineering News-Record (ENR) for the twelve (12)month period ending in March of the year of the adjustment.
B.
Fees will be collected from new residential development in the unincorporated Western County; use of these funds, however, may need to wait until a sufficient fund balance can be accrued. According to Cal. Gov't Code § 66006, the County is required to deposit, invest, account for, and expend the fees in a prescribed manner. The fifth fiscal year following the first deposit into the fee account or fund, and every five (5) years thereafter, the County is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended:
1.
Identify the purpose for which the fee is to be put.
2.
Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3.
Identify all sources and amounts of funding anticipated to complete financing of incomplete facility improvements.
4.
Designate the approximate dates on which the funding referred to in the above paragraph is expected to be deposited in the appropriate account or fund.
The County must refund the unexpended or uncommitted revenue portion of the fee for which a need could not be demonstrated in the above findings, unless the administrative costs exceed the amount of the refund.
C.
The following types of development specifically are exempt from the Park and Recreation Facilities Mitigation Fee:
1.
All Federal and State agencies, public school districts, special districts, and the County will be exempt from the fee program, unless other arrangements or agreements are established with the County.
2.
Any replacement or reconstruction of any structure that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God. If the building replaced or reconstructed exceeds the documented total floor area of the damaged/destroyed building, the excess square footage is subject to the Recreation Development Fee. If a structure is replaced with an alternative land use, such as replacing a commercial building with residential units, no exemption shall apply.
3.
Residential accessory structures that do not increase covered building square footage such as open decks and pools.
(Ord. 2460. (01/08/2019); Ord. 2531. (10/24/2023))
Section 17.01.030 - Quimby Act Dedications of Land and Fees In-Lieu of Dedications. ¶
A.
The provisions of the Quimby Act (hereafter "the Act," or Cal. Gov't Code § 66477) are incorporated here by reference. A requirement of the dedication of land, or the payment of fees in lieu thereof, or a combination of both, is hereby established throughout unincorporated County of Nevada. The dedication, or payment of
fees in-lieu, is for park and/or recreational purposes and is made a condition of the approval of a tentative map or parcel map (Cal. Gov't Code § 66477(a)). The land, fees, or combination thereof, 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 (Cal. Gov't Code § 66477(a)(3)).
B.
The provisions of this Section are to be applied in coordination with any local public agency that has territorial jurisdiction for recreation and park services. Pursuant to Cal. Gov't Code § 66477(c), the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the County and such other local public agency.
C.
All dedications of land for recreation and park purposes, that are required as a condition of the subdivision of land, shall meet all the requirements of the Act. This Section does not apply to subdivisions containing less than five (5) parcels and not used for residential purposes (Cal. Gov't Code § 66477(a)(8)), nor does it apply to commercial or industrial subdivisions (Cal. Gov't Code § 66477(d)).
D.
The amount of Quimby Act fees in-lieu of dedication of land shall be prescribed by resolution of the Board of Supervisors, in a manner that is consistent with the requirements of the Act. Such fees shall be in addition to any applicable development impact mitigation fee for recreation that is imposed pursuant Sections 17.01.010 to 17.01.020. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less (Cal. Gov't Code § 66477(a)(7)).
E.
Land or fees required under the Act shall be conveyed to, or be paid over to, the local public agency which provides park and recreational services on a communitywide level (Cal. Gov't Code § 66477(b)).
(Ord. 2251. (01/27/2009); Ord. 2531. (10/24/2023))