Nevada County Municipal Code § 12.04.206 Cultural Resources, Significant

The primary purpose of site development resource standards is to avoid the impact of development projects on sensitive environmental resources and natural site constraints. Where avoidance is not possible, development should minimize impacts in a reasonable fashion that strikes a balance between allowing development of the project site and protecting the resource or avoiding the constraint. Standards shall ensure protection of the County's unique character, environmentally sensitive resources, and important agricultural, mineral, and timber resources. Standards shall also assist in preventing and reducing public health and safety hazards associated with wildland fires, floods, avalanches, and earthquakes. Standards are not in lieu of, but are in addition to, the requirements of the California Environmental Quality Act.

In addition, standards shall be used to assist in proper community design, provide transitions between various land uses, reduce potential land use conflicts, enhance native vegetation and landscaping, and provide for open space.

(Ord. 2533. (12/05/2023))

Resource standards shall apply to all Development Permits, Use Permits, and subdivisions. The following standards shall also apply to allowable uses subject to zoning compliance, and building permit issuance, unless otherwise provided:

1. Section 12.04.210 Floodplains.

2. Section 12.04.311.C.3 Significant Mineral Areas, as required.

3. Section 12.04.213 Steep Slopes and Erosion Potential.

4. Section 12.04.217 Watercourses, Wetlands and Riparian Areas.

5. Section 12.04.218 Wildland Fire Hazard.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A. Resource and Constraint Information.

1. Where required within each subsection of this Section, project applications shall provide for the professional site-specific inventory and analysis of the resources and constraints identified in this Section. Inventories and analyses shall be funded by the applicant but prepared by independent consultants approved by, or under the direction of, County staff. This evaluation shall include recommended mitigation and/or alternatives necessary to avoid or lessen impacts. Based on this evaluation, the County shall determine the acceptable level of resource impact and constraint avoidance of the project. All of the following resources and constraints shall be reviewed:

a. Important agricultural lands.

b. Avalanche hazard.

c. Significant cultural resources.

d. Major deer habitat.

e. Earthquake faults and seismically sensitive areas.

f. Energy conservation.

g. Floodplains.

h. Significant mineral areas.

i. Rare and endangered species and their habitat.

j. Steep slopes/high erosion potential.

k. Important timber resources.

l. Trees.

m. Visually important ridgelines and viewsheds.

n. Watercourses, wetlands and riparian areas.

o. Wildland fire hazard areas.

2. To the extent said resources or constraints are impacted, mitigation measures and alternatives shall be incorporated into the project design to avoid, minimize, or compensate for such impacts. To assist in the professional inventory and analysis, the following maps and other sources shall be used as a foundation for identifying resources and constraints:

a. Fish and Wildlife Service National Wetlands Inventory.

b. State Department of Fish and Game Migratory Deer Range Maps.

c. State Department of Forestry and Fire Protection Hardwood Rangeland Maps.

d. California Natural Diversity Data Base.

e. California Native Plant Society Inventory of Rare and Endangered Vascular Plants of California.

f. United States Geological Survey Quadrangle Topographic Maps.

g. Federal Emergency Management Agency Flood Insurance Rate Maps.

h. State Department of Conservation Important Farmland Maps.

i. State Division of Mines and Geology Mineral Classification Maps.

j. Soil Conservation Service Soil Survey of Nevada County.

k. Department of Agriculture Soil Survey of the Tahoe National Forest.

l. Landslide Activity Map.

m. State Division of Mines and Geology Geologic Map of the Chico Quadrangle.

n. State Division of Mines and Geology Fault Map of California.

o. Bureau of Reclamation Seismotectonic Study of the Truckee/Lake Tahoe Area.

p. Norman Wilson Avalanche Hazard Study.

q. State Department of Forestry and Fire Protection Fire Hazard Severity Zone Maps.

Inventory and analysis shall be prepared for the entire site or parcel. However, no inventory or analysis shall be required for those portions of the site or parcel where non-disturbance is ensured through conditions of approval, mitigation measures, and/or permanent private restrictions running with the land.

B. Standard. The intent of these site development standards is to avoid resource impacts and natural constraints to the maximum possible. To that end, such standards will be applied successively as follows (an applicant cannot descend to the succeeding methods until they have shown to the satisfaction of the County that the preceding methods are infeasible):

1. Avoiding the impact by designing or re-designing the project so that the resource or constraint is fully protected and not disturbed. Avoidance is the preferred standard unless the Planning Agency determines that implementation of this standard effectively removes the potential for the reasonable development of the parcel. Avoidance may be attained through clustering, transfer of development rights, buffering, screening, identification of building envelopes, the provision of open space, or other techniques that permanently protect the resource or avoid the constraint. Permanence shall be ensured through dedication, easements, irrevocable trusts, deed restrictions, covenants, or similar techniques running with the land. In addition, zoning techniques (i.e., "Open Space" District, setbacks, etc.) may also be used to ensure permanence. Provisions to avoid the resource or constraint shall become conditions of approval or mitigation measures of the project.

2. Minimizing the impact through preparation and implementation of a County-approved Management Plan prepared by an independent consultant approved by, or under the direction of, County staff, that limits the degree of impact to the maximum extent possible. Where the Planning Agency determines that avoidance is not acceptable or adversely affects another environmentally-sensitive resource, minimization shall be the preferred standard unless the County determines that the standard will not effectively protect the resource or avoid the constraint to an acceptable level. In such instances the County shall deny the project. Minimization may be attained through clustering, buffering, screening, identification of building envelopes, the provision of open space, or other techniques that permanently protect the resource or avoid the constraint. Permanence shall be ensured through dedication, easements, irrevocable trusts, deed restrictions, covenants, or similar techniques running with the land. In addition, zoning techniques (i.e., "Open Space" District, setbacks, etc.) may also be used to ensure permanence. Management Plan provisions to minimize impacts shall become conditions of approval or mitigation measures of the project.

3. Compensating for the impact by replacing or providing a substitute resource or environments. Compensation is appropriate where the Planning Agency determines that avoiding or minimizing the impact is not acceptable. Compensation may include the on-site or off-site provision or creation, protection, and maintenance of a resource or habitat. Management Plan provisions to compensate for impacts shall become conditions of approval of the project. Lands used as compensation for unavoidable project impacts shall be acquired through fee title or conservation easements with the express purpose of maintenance as compensation for impacts to wildlife in perpetuity. Holders of title or easements shall be restricted to mutually agreed upon agencies or private, non-profit conservation entities approved by the Planning Agency.

Realistic and effective avoidance of impacts and then minimization of impacts must first precede the use of compensatory mitigation.

C. Management Plan. Management Plans are a tool that can be used to minimize the impacts of development on environmentally sensitive environmental resources and/or constraints. Where avoidance is not a feasible alternative, a Management Plan may be prepared, consistent with the provisions of this Subsection.

1. Process. Management plans are subject to approval by the Planning Agency. Application shall be made to the Planning Department on forms provided by the Planning Department. Management Plans that are associated with an allowable use shall be reviewed by the Planning Director unless environmental review is required pursuant to the California Environmental Quality Act (CEQA). If the Management Plan is not exempt from CEQA, an initial Study is required, and a public hearing will be held before the Zoning Administrator. Management Plans proposed in conjunction with a discretionary project shall be considered by the hearing body reviewing the project.

2. Implementation. Management Plan conclusions and recommendations for provisions to minimize or compensate for impacts, and the time frame for implementation of such provisions, shall be incorporated into the conditions of approval of the project.

3. Content and Form of Management Plan. Management Plans shall be prepared by independent consultants approved by, or under the direction of, County staff, as required in each subsection of these Resource Standards. Management Plans shall normally include the following information:

a. Identification of the resource or constraint.

b. A discussion supporting the proposed design as the preferred alternative, rather than avoidance of the resource or constraint altogether.

c. Description of the mitigation or compensation measures and the extent to which they will offset or minimize the impact to the resource or the risk.

d. Time frame for implementation.

e. Success standards.

f. Monitoring of mitigation and compensation measures, and other conditions of approval, to assess effectiveness.

g. Remediation measures in the event of failure of mitigation or compensation, or other conditions of approval.

h. A performance bond.

The scope and level of detail associated with each Plan shall depend upon the scale and type of project, size and quality of resource or level of constraint, and the degree to which the project affects the resource or constraint. Plans prepared for smaller projects only affecting a resource or constraint to a limited degree should be concise, with mitigation measures commensurate with the anticipated level of impact. Plans prepared for larger projects seriously affecting a high quality resource or major constraint should be of such a detail and level of comprehensiveness to ensure effective mitigation. They shall reflect the requirements of any management plan encompassing the project area which have been adopted by the County.

D. Monetary Deposit. All project conditions of approval and mitigation measures shall be fully enforced to ensure that the resources are protected, and constraints avoided consistent with the findings of the Planning Agency and Management Plan, if applicable. For discretionary projects, a monetary deposit may be required to be posted and maintained to insure the protection of the resource or avoidance of the constraint during construction. In determining whether a deposit is required, the Planning Agency shall consider the level of risk to the resource as identified in the Management Plan, the projected cost of implementing measures recommended in the Plan, and whether there is evidence that disturbance of the resource has occurred without required permits. The amount of the deposit shall be determined by the Planning Agency based upon the size and scale of the project, and the level of resource sensitivity identified in the Management Plan. The deposit shall be in the form of a Certificate of Deposit, cash deposit, or letter of credit from a bank, and shall be posted prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any condition of approval or mitigation measure regarding resource protection or constraint avoidance shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the Planning Agency, in addition to other applicable penalties. Appeals may be made to the Nevada County Board of Supervisors.

E. Exceptions to Inventory and Analysis. Applicable projects shall not be required to prepare an inventory and analysis when the Planning Director determines the project will create little or no land disturbance or there is virtually no possibility of impacts to sensitive environmental features or natural constraints.

F. Vegetation Restoration. Where the County determines that vegetation identified as an environmentally sensitive resource as defined by General Plan Policy 1.17, has been removed from the site in anticipation of development, or, within one (1) year prior to submittal of a land use application, the following shall be required:

Prior to issuance of any development permits (i.e., grading or building permits), the developer shall fund a native plant restoration program to return the site to a naturally-functioning habitat. If on-site restoration is not feasible, the restoration program shall include the identification of a suitable replacement site to be reviewed and approved of by the Nevada County Planning Agency. The restoration program shall include the hiring of a specialist, selected and contracted by the County, to: (1) identify a suitable location or replacement site for the vegetation that has been removed, with the preferred location being the project site or within the vicinity of the site, (2) prepare a restoration, monitoring, and maintenance plan, (3) initiate the restoration, and (4) conduct a five-year maintenance and monitoring program. The developer shall record or cause to record, a conservation easement on the selected property to preserve the restored habitat in perpetuity. The applicant shall be responsible for incurring all costs associated with the restoration project. The restoration shall represent a three-to-one (3:1) ratio of habitat restored to habitat lost.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A. Purpose. To minimize the conversion of important agricultural areas to non-agricultural uses, the adverse impact of potentially incompatible land uses upon important agricultural land and operations, and the impairment of agricultural productivity of important agricultural land.

B. Definitions.

1. Farmland of Local Importance means farmland that does not meet the criteria of Prime Farmland, Statewide Importance or Unique Farmland, zoned Residential Agricultural (RA), General Agricultural (AG), Agricultural Exclusive (AE), Forest (FR) or Timberland Production Zone (TPZ) and delineated by the following soil types: Ahwahnee sandy loam, fifteen percent (15%) to thirty percent (30%) slopes (AdD); Argonaut gravelly loam, two percent (2%)to fifteen percent (15%) slopes (ArC); Hoda sandy loam, nine percent (9%) to fifteen percent (15%) slopes (HnC); Sobrante loam, fifteen percent (15%) to thirty percent (30%) slopes (SoD); or Trabuco loam, five percent (5%) to fifteen percent (15%) slopes (TrC).

2. Important Agricultural Lands means prime farmland, farmland of Statewide importance, unique farmland, and farmland of local importance as defined by the State Department of Conservation's Important Farmland Map.

3. Non-Agricultural Project, for the purpose of this Section shall be any use of land, except for a single-family residence and garage that does not meet the definition of "Agricultural Operation" in this Chapter.

C. Standards.

1. Non-agricultural projects shall be approved only when they are not within or adjacent to Important Agricultural Lands unless a Management Plan is prepared consistent with Subsection 2 below.

2. If the above standard effectively precludes development of the project, or adversely affects another environmentally sensitive resource, a Management Plan that avoids or minimizes impacts to the important agricultural lands may be prepared consistent with the provisions of Section 12.04.303.C. of this Section, and the following standards:

a. The Management Plan shall be prepared by one (1) of the following agricultural professionals: A Registered Professional Forester, a certified rangeland manager, or an USDA/NRCS-certified conservation planner.

b. If the entire project site is mapped within or adjacent to important agricultural lands, the Management Plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the agricultural resource.

c. Management Plans shall be reviewed by the Nevada County Agricultural Commissioner.

3. Non-agricultural projects adjacent to important agricultural lands shall be designed to minimize impacts and shall be subject to the following standards:

a. Subdivisions within or adjacent to important agricultural lands shall provide a one hundred (100')-foot building setback from the property line(s) within or adjacent to the important agricultural land, limiting the use of the land to agricultural or open space uses compatible with adjacent agricultural land.

b. Require the recordation of a declaration acknowledging proximity to agricultural resources and the potential for conflict, which may be in the form of the Nevada County Right to Farm Notice provided in Nevada County Code Section governing Resolution of Disputes in Agricultural Lands and Operations.

(Ord. 2427. (01/24/2017); Ord. 2286. (05/12 2009); Ord. 2533. (12/05/2023))

A. Purpose. To minimize the impact on development associated with avalanches.

B. Definitions.

1. Avalanche Hazard Zones means areas where avalanches that could damage standard wood-frame structures and/or bury automobiles are expected to occur with a probability of one (1) chance in twenty (20) per year (red zone), less than one (1) chance in twenty (20) per year but more than one (1) chance in one hundred (100) per year (blue zone), or less than one (1) chance in one hundred (100) per year (yellow zone).

C. Standards.

1. When the County determines that any proposed project may be within the defined area, an Avalanche Hazard Study shall be prepared by a recognized and qualified avalanche hazard expert. The Study shall delineate what zones, if any, are associated with the project.

2. Defined areas shall be zoned within the PSAA Potential Snow Avalanche Area Combining District. All projects shall comply with the provisions of this District, Section 12.02.076.

A. Purpose. Cultural resources are fragile and irreplaceable and vital to the public education, economic prosperity, and cultural enrichment of all citizens and serve to preserve and enhance the historical character of the County. Site development standards shall be used in the preservation, protection and management of the County's unique natural, paleontological, archaeological, historical, architectural, cultural, traditional cultural resources.

B. Definitions.

1. Alteration means any act or process, through private or public action, that directly or indirectly changes the specified character-defining or physical features or architectural appearance of a significant cultural resource.

2. Cultural Resources means archaeological and historical sites, structures, features, artifacts, and other historically important places, and Native American spiritual sites, as may be defined by the County of Nevada based upon recommendations by the Native American Heritage Commission or recognized Native American group, Nevada County Landmarks Commission, or the Nevada County Historical Society.

3. Historic District means any area containing historic structures representing one (1) or more architectural periods or styles typical of the history of the County.

4. Historic Structure means any structure that is at least fifty (50) years old and that has special historical, architectural, engineering, cultural, or aesthetic value, consistent with the National Register of Historic Places standards. This definition includes those structures determined to be historic by the Nevada County Historical Society and State Lands Commission. Structures that have achieved significance within the past fifty (50) years are generally not considered significant and eligible to the National register unless such properties are integral parts of districts that do meet the standards and/or if they are of exceptional importance.

5. North Central Information Center means the California State University, Sacramento center that maintains the cultural resource inventory for the County, including a collection and maintenance of site records, and historic resources inventory forms. This inventory includes the full Historic Resources Inventory, the California Archaeological Site Inventory, the National Register for the State of California, the California State Historic Landmarks, the State Points of Historic Interest, and the California Register of Historic Places.

6. Preservation means the identification, study, protection, restoration, rehabilitation, conservation, or enhancement of cultural resources.

7. Qualified Native American Consultant means Native American individuals or organizations recognized by the Native American Heritage Commission, the Washoe Tribe of Nevada/California, or other Native American group or individual recognized as representative of the interests of local Native Americans.

8. Qualified Professional means meets the standards as set by the Register of Professional Archaeologists (ROPA) and has demonstrated a familiarity with the archaeology and history of County of Nevada and/or adjoining regions of the north-central Sierra Nevada.

9. Records Search means the review of records on relevant cultural resource sensitivity by the NCIC.

10. Secretary of The Interior's Standards for Rehabilitation means guidelines prepared by the National Park Service for rehabilitating historic structures and the standards for historic preservation projects prepared by the National Park Service, with guidelines for applying the standards.

11. Significance means noteworthy cultural resources in terms of integrity, research potential and public benefit as defined by the Nevada County General Plan, the National Register of Historic Places, the California Register of Historical Resources, CEQA, local standards, or as determined by the lead agency to be significant based on substantial evidence in the record.

12. Traditional Cultural Property means an important cultural property associated with the cultural practices or beliefs of a living community that are rooted in that community's history, and are important in maintaining the continuing cultural identity of the community. Of special mention is the fact that Nevada County's jurisdiction is overlaid upon aboriginal and historical lands of Native Americans. These and inherent resources, as part of the Native American cultures, possess meaning and value to Native Americans living today. The Federal Native American Religious Freedom Act of 1979 provides protection for sites of Native American sacred significance.

13. State Historic Building Code means requirements set by the State, pursuant to the Cal. Health & Safety Code §§ 18950—18962, regarding any alteration made to a cultural resource or structure within a historic district.

C. Standards.

1. For all applicable projects, the County shall direct the project applicant to initiate a North Central Information Center (NCIC) records search to provide the most current information about the sensitivity of the property to contain cultural resources and to assess the need for a cultural resource study. If the NCIC does not recommend a cultural resource study and if there are no recorded or known cultural properties or traditional cultural areas, the project applicant shall submit NCIC correspondence documenting such to the County, with the land use application.

Should the NCIC recommend a cultural resource study, the applicant shall retain a qualified professional to conduct a cultural resource study of the project area. This study shall document the presence or likelihood of potentially significant cultural resources. When the NCIC or the qualified professional decides that there is a high likelihood that Native American archaeological sites and/or spiritual and non-physical sites may be encountered during the inventory phase, a qualified Native American Consultant shall be consulted to incorporate their views regarding the potential importance of Native American sites in the project area. The study shall be submitted to the County with the land use application.

If no cultural resources are inventoried, or if no potentially significant cultural resources will be impacted by the project, the qualified professional will prepare a report documenting these findings to be submitted to the County of Nevada.

2. Projects shall only be approved when they do not remove or disturb cultural resources, unless a Management Plan is prepared consistent with Subsection 3 below or other standards are met consistent with Subsection 4 below. Preservation and avoidance are the first priority.

3. If the above standard effectively precludes development of the project or adversely affects another environmentally-sensitive resource, a Cultural Resource Management Plan shall be prepared by a qualified professional. The Plan shall provide for the analysis and determination of the significance of the cultural resource according to the importance standards listed in CEQA. It shall describe the results of a cultural resource investigation, illustrate potential conflicts with project design, assess impacts to resources, evaluate their significance, and attempt to design measures to mitigate impacts to insignificant levels. Plans shall follow the guidelines established in the State Office of Historic Preservation "Archaeological Resource Management Reports: Recommended Contents and Format." The Plan shall document the results of work performed during the inventory, evaluation and/or mitigation phases of study. Research designs shall follow the guidelines established in the State Historic Preservation Office "Guidelines for Archaeological Research Designs." Alterations made to a cultural resource or structure for its rehabilitation, preservation, restoration, or relocation shall be in accordance with the "Secretary of the Interior's Standards for Rehabilitation," prepared by the National Park Service, and the "State Historic Building Code."

If the cultural resource is determined not significant, or if the resource's potentially important information is recovered at the evaluation phase of research, the qualified professional's report documenting these findings shall be submitted to the County.

When sufficient planning flexibility, including density reduction or a revised project, does not permit avoidance of impacts to potentially significant cultural resources, measures for mitigating impacts to the resource, which allow maximum protection of the resource and/or maximum preservation of knowledge contained within the resource, shall be further developed by the qualified professional and implemented prior to the onset of project activities and as part of the condition of project approval.

Where Native American resources are involved, a qualified Native American Consultant shall be consulted to determine the potential importance of Native American resources in the project area and the appropriateness of mitigation measures. A report from the Native American Consultant, summarizing their findings should be a component of the final report. Upon completion of mitigation, the qualified professional will prepare a report documenting these findings to be submitted to the County.

4. If preservation of a significant cultural resource is not possible, data recovery of an appropriate sample of the cultural resource, as determined by the qualified professional, shall be accomplished. Scientific data recovery may include: Collection of surface artifacts, archaeological excavation, intensive recordation, photo/video documentation, etc. For traditional cultural properties, other specialized means of mitigation may need to be implemented in consultation with the affected parties. Artifacts generated out of data recovery shall be permanently housed at an institution operating in accordance with the State guidelines for the curation of archaeological collections and in cooperation with local Native American entities.

5. A condition of approval shall include a provision for cultural resources discovered during development construction. Any person who, in the process of project activities, discovers any cultural resources and/or human remains within the project area, shall cease from all project activities within at least two hundred (200') feet of the discovery. A qualified professional shall be notified to assess any discoveries and develop appropriate management recommendations for cultural resource treatment. In the event that human remains are encountered, the sheriff-coroner shall be notified immediately upon discovery. In the event that Native American human remains are encountered, the Native American Heritage Commission or the most likely descendants of the buried individual(s) who are qualified to represent Native American interests shall be contacted. Specific treatment of Native American human remains shall occur consistent with State law.

6. The locations of cultural resources are confidential and are not circulated as part of public documents but are used for planning purposes only. This class of information is exempted from public access by the California Public Records Act (Cal. Gov't Code § 7920.000). It is unlawful, prohibited and a misdemeanor for any person to willfully disclose, sell or furnish to any person any map or record describing the nature of location of cultural resources, any copy thereof, or any information pertaining thereto, which has been prepared or maintained by the NCIC of the County of Nevada.

(Ord. 2533. (12/05/2023))

A. Purpose. To mitigate the impact of development on major deer migration corridors, critical winter and summer ranges, and critical fawning areas, to retain critical deer habitat as non-disturbance open space, and ensure clustering of larger parcels in the western Rural Region to minimize impacts on deer habitat.

B. Definitions.

1. Major Deer Habitat means major deer migration corridors, critical winter and summer ranges, and critical fawning areas as defined by the State Department of Fish and Game staff or Migratory Deer Range Maps, or as determined by a qualified biologist.

C. Standards.

1. For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2. Projects shall be approved only when they are not within the defined area, unless a Management Plan is prepared consistent with Subsection 3 below.

3. If the above standard effectively precludes development of the project or a revised project, a Management Plan shall be prepared by a qualified biologist, that avoids or minimizes impacts to deer and their habitat. If the entire site is within or adjacent to a habitat area, the plan shall provide for the development of the project on the least sensitive portion of the site.

4. Clustering of development shall be required for all projects on parcels of twenty (20) acres or more within the North San Juan and Penn Valley areas where existing parcelization within two (2) square miles of the project site averages twenty (20) acres or more in size. The North San Juan area is defined as that area bounded by the South Yuba River, the Middle Yuba River, and the easterly Range 9 East boundary. The Penn Valley area is that area bounded by the South Yuba River, the northerly Township 14 North line and the westerly Range 8 East line.

5. Clustering of development shall be required for all projects on parcels of forty (40) acres or more that are within a critical migratory deer winter range in Rural Regions west of Range 12 East line, where existing parcelization within two (2) square miles of the project site averages forty (40) acres or more in size.

(Ord. 2533. (12/05/2023))

A. Purpose. To minimize the impact of earthquakes and seismic hazard on people and development.

B. Definitions.

1. Seismically Active Areas means areas determined to be within a seismic hazard zone or to have the potential to suffer ground rupture from active faults by the State Division of Mines and Geology.

C. Standards.

1. Projects shall be approved only when they are not within the defined area, unless the resource can be protected consistent with Subsection 2 below.

2. If the above standard effectively precludes development of the project, a Management Plan shall be prepared by a certified engineering geologist or civil engineer that minimizes safety impacts associated with the project. The Management Plan shall include a Geotechnical Report that includes the following:

a. Existing soils and geologic conditions, including location and chronology of local faults and epicenters, relationship of the site to said faults and epicenters, and other environmental factors, including rainfall, slopes, water table, vegetation, etc. that might affect soils and geologic conditions.

b. Conclusions of potential seismic hazards relative to the specific intended land use.

c. Recommended construction and/or land use restrictions that will avoid the hazard or lessen the hazard to an acceptable level, including construction techniques, building heights, site preparation measures, building setbacks, etc.

Where the Report determines that a seismic hazard does exist, conclusions and recommendations to lessen the seismic hazard shall be incorporated into the conditions of approval of the project. Where the Report determines that the seismic hazard cannot be lessened to an acceptable level, the project shall be denied.

(Ord. 2533. (12/05/2023))

A. Purpose. To conserve energy resources without significantly increasing the cost of housing.

B. Standards. All projects shall be designed to incorporate passive heating and cooling opportunities in the following manner:

1. Development shall be designed to allow the retention or planting of deciduous shade trees along the south and west sides of structures and along access streets.

2. Development, including landscaping, shall be designed to minimize obstruction of any developed solar access on an adjoining parcel.

3. Subdivision design shall include building envelopes that are oriented for maximum solar access opportunities for future residences.

4. Site planning for multi-family residential development shall incorporate techniques designed to maximize solar access, such as clustering development in areas with good solar orientation, east/west street orientation, uniform setbacks that increase south-wall exposure, height limitations for multi-structured developments, siting accessory structures so as not to shade the south walls of structures and siting parking areas to break shade or shadows.

5. All subdivisions and multi-family housing projects shall be submitted to the Northern Sierra Air Quality Management District for review to determine compliance with Federal and State EPA emission standards.

(Ord. 2533. (12/05/2023))

A. Purpose. To mitigate the impact of development on floodplains and to protect development and downstream users from the potential for hazards associated with flooding.

B. Definitions.

1. Floodway means the channel of any water course and adjacent lands that must be reserved in order to discharge the base flood without increasing the water surface elevation more than one (1) foot.

2. Floodplain means areas adjacent to a watercourse or other body of water that are subject to inundation by floodwaters. Additional floodplain-related definitions can be found in the Flood Plain Management Regulations in this Code.

3. 100-Year Floodplain means any area of normally dry land with a one (1%) percent annual probability of being inundated by water.

C. Standards. A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect any of the following resources:

1. Due to its extremely hazardous nature, projects within the floodway shall not be approved. Exceptions shall include utilities and public structures necessary to serve existing uses where there is no other feasible location and construction will not increase hazards to life or property within or adjacent to the floodplain.

2. Within one hundred (100') feet of the 100-year floodplain.

3. If Standard 2 above effectively precludes development of the project or a revised project, a Management Plan, prepared by a registered professional engineer and consistent with Federal Emergency Management Agency (FEMA) standards, shall be prepared that minimizes impacts to the floodplain.

4. Development, including the placement of fill, within the 100-year floodplain shall require a Use Permit and shall comply with the standards of Title 18, Floodplain Management Regulations. Development within the 100-year floodplain will also require confirmation that applicable State Department Fish and Game stream alteration regulations have been satisfied.

5. New utilities, critical facilities, and non-essential public structures shall be located outside the 100-year floodplain unless such facilities serve existing uses, there is no other feasible location, and construction of these structures will not increase hazards to life or property within or adjacent to the floodplain. Facilities within the 100-year floodplain shall require a Use Permit consistent with Subsection 4 above.

6. Projects that may result in flood damage to downstream land uses shall not be allowed. Where determined necessary, retention/detention facilities shall be designed to protect downstream users and ensure that the water surface returns to its base elevation within twenty-four (24) hours after the storm event.

(Ord. 2533. (12/05/2023))

A. Purpose. To protect significant mineral areas from incompatible land uses and to minimize land use conflicts between surface mineral extraction and processing and neighboring incompatible land uses.

B. Definitions.

1. Compatible General Plan Designations means those Nevada County General Plan designations compatible for surface mining, subject to approval of a Use Permit, including the Rural, Forest, Industrial, Public, Water, and Planned Development designations. All other designations are considered to be incompatible for, and do not allow, surface mining.

2. Significant Mineral Areas means areas where information indicates that significant mineral deposits are likely present based on State Division of Mines and Geology's Nevada County Mineral Classification Report Maps, referred to as Mineral Resource Zones - 2 (MRZ-2).

C. Standards.

1. The clearing, cultivating, preparing or tilling of land to raise crops or livestock for commercial purposes, shall be allowed in significant mineral areas. All other projects that are not associated with mineral extraction shall be approved only when they are not within both Compatible General Plan Designations and significant mineral areas, unless a Management Plan is prepared consistent with Subsection 2 below or the project is within the Industrial General Plan designation.

2. If the above standard effectively precludes development of the project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a professional registered engineer, a registered geologist or a land use planner, that avoids or minimizes impacts to the significant mineral area. If the entire site is within or adjacent to such an area, the plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the mineral resource.

3. All land divisions and dwelling unit construction within one thousand (1,000') feet of an area zoned within the ME District shall be developed to ensure that said development is located as far removed from the area zoned ME as is reasonably possible. In determining the most appropriate location for proposed parcels and/or dwelling units, the applicant shall clearly demonstrate that there is no other site more suitable to minimize potential land use conflicts with existing or future mining operations.

(Ord. 2533. (12/05/2023))

A. Purpose. To avoid the impact of development on rare, threatened, endangered, and special-status species and their habitat, or where avoidance is not possible, to minimize or compensate for such impacts, and to retain their habitat as non-disturbance open space.

B. Definitions.

1. Rare, Threatened and Endangered Species means animals and plants listed in Federal and State codes and regulations as rare, threatened or endangered.

2. Special Status Species means animal and plant species that are listed, proposed, or candidates for listing as threatened, rare, endangered, fully protected, or species of concern by the Federal and/or California State governments, and plants considered by the California Native Plant Society as rare, threatened, or endangered.

C. Standards.

1. All project applicants are required to comply with the requirements of the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA).

2. For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

3. A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect the defined species or their habitat, and that it will result in no net loss of habitat function or value for the defined species. Project applicants shall obtain appropriate authorizations from the U.S. Fish and Wildlife Service and State Department of Fish and Game prior to County approval. Any provisions to avoid, mitigate, or compensate for impacts to the defined species contained in such authorizations shall become conditions of approval of the project.

4. When it is determined that a project will adversely affect the defined species or their habitat, a site-specific Habitat Management Plan shall be prepared. The Plan shall be prepared by a qualified biologist to comply with the requirements of the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA) and shall also include special status species. The Plan shall provide the background data, impact analysis, and mitigation programs necessary to obtain a FESA Section 10(a) and CESA Section 2081 permit authorizing incidental take of Federal and State listed threatened and endangered species that occur in areas proposed for future development. The objectives of the Plan shall be to avoid and minimize impacts to the defined species to the fullest extent feasible and to provide for no net loss of species, including species population area and number of individuals.

The Habitat Management Plan to protect rare, threatened, endangered, or special status species and their habitat, may include mitigation measures such as avoiding, minimizing, and compensating as defined in Section governing General Provisions of Resource Standards. Habitat restoration may also be required. The ratio of habitat protected to habitat altered due to development activities and related edge effects may be determined by staff, based on recommendations from the project biologist in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Habitat Management Plan shall describe and provide a mechanism for permanent protection and maintenance of any non-disturbance area or off-site compensation areas to achieve long-term habitat goals. Funding mechanisms for long-term maintenance shall also be described.

(Ord. 2533. (12/05/2023))

A. Purpose. To preserve the natural, topographic, and aesthetic characteristics of steep slopes, and to minimize soil erosion, water quality impacts, earth movement and disturbance, and the adverse impact of grading activities, while providing for reasonable use of private property.

B. Definitions.

1. Steep Slopes means slopes of thirty-plus percent (30+%).

2. High Erosion Hazard Areas means areas determined to have highly-erodible soils based on soils surveys prepared by the U.S. Soil Conservation Service and U.S. Forest Service.

C. Standards.

1. Development, including access, shall be approved only when not within the defined areas, except as provided in this Section.

2. Limited development is allowed on steep slopes, subject to a grading permit pursuant to this Code (Grading Ordinance). If the amount of disturbance does not require a grading permit, limited development shall be subject to an Erosion and Sediment Control Plan, approved by the Building Department. Limited development shall mean the following:

a. Utility trenching, including, but not limited to, water, electric, gas, sewer and phone lines.

b. Crop and tree planting.

c. Water wells and sewage disposal systems for allowed on-site uses.

d. Ground-mount solar arrays for permitted residential uses, utilizing screw pile or driven pile foundations.

e. No more than one (1) single-family residence, including driveway access to the residence, is allowed within steep slopes, on a parcel legally created, or approved by the Nevada County Planning Agency, prior to October 12, 1981, subject to the issuance of a grading permit pursuant Grading Standards of this Code, and the following standards:

1. Lot pad grading shall be limited in size to a maximum five thousand (5,000) square feet, to allow for the construction of the primary single-family residence, a garage, a yard, and parking area.

2. Cut or fill slopes shall be designed and constructed to not exceed a vertical height of ten (10') feet.

3. Slopes created by grading shall not exceed a ratio of two to one (2:1) (horizontal to vertical), unless a steeper slope is certified by a geotechnical engineer to be stable.

4. Structures are designed to "fit" or step up the natural slope by using split pads, stepped footings and grade separations.

5. All outdoor light fixtures on steep slopes shall be fully shielded to prevent the light source of lens from being visible from adjacent properties and roadways. Mercury vapor light fixtures, floodlights and spotlights shall be prohibited.

6. Driveway access shall comply with Driveway Regulations in Fire Safety Regulations of this Code.

3. If Standard 1 effectively precludes development of the project or a revised project, disturbance within the defined area is allowed subject to the approval of a Management Plan, pursuant to Section 12.04.203.C of this Chapter, and the following:

a. The Management Plan shall consist of an Erosion and Sediment Control Plan, prepared by a licensed geotechnical or civil engineer, engineering geologist, or certified soil erosion control specialist. The Plan shall comply with the erosion control standards of Buildings Regulations, Article 3: Uniform Building Code Amendments, and shall provide for, at a minimum, the structural control of flowing water and vegetative measures necessary to stabilize the soil surface. If the entire site is within a high erosion area, the Plan shall provide for the development of the project on the least sensitive portion of the site. Where seeding is deemed necessary in order to stabilize the soil surface, only native seed mixes shall be used. Where native seed mixtures are not available, then non-seed measures such as straw wattles, chips, erosion control blankets and weed-free straw shall be used.

b. The Management Plan shall be approved, provided the following findings can be made:

1. That the proposed development ensures the preservation of the natural and topographic character of the slope; and

2. The aesthetic quality of the slope is ensured, including the preservation of significant rock outcroppings and native plant materials; and

3. That alternatives to development on steep slopes are not feasible; and

4. That disturbance of steep slopes is minimized to the greatest extent possible; and

5. That water quality problems created by sedimentation and/or excessive vegetation removal are minimized.

4. All grading within the defined area that requires a grading permit shall include an evaluation by a registered geotechnical engineer who shall provide a written determination as to whether a design level, geotechnical investigative report is recommended. If recommended by the geotechnical engineer, a design level geotechnical investigative report, prepared by a registered geotechnical engineer, shall be included with the grading permit. The report shall include, but not be limited to, comments on slope stability, retaining wall design, foundation design, and other impacts associated with the disturbance of steep slopes. The report shall explain how the design of the project addresses those issues.

5. Fuel modification shall be provided and maintained around all structures developed on steep slopes, as follows:

Fuel Models

* Northern Forest Fire Lab Fuel Models

(Ord. 2152. (05/25/2004); Ord. 2529. 09/12/2023); Ord. 2533. (12/05/2023))

A. Purpose. To protect important timber resources, and to ensure that development does not adversely impact timber resource management.

B. Definitions—Important Timber Resources. Parcels that are forty (40) acres or larger, and mapped within the forest designation, that have ideal soil characteristics for timber production, identified as those soils having a high site class or index by the Soil Surveys of Nevada County, prepared by the Soil Conservation Service and the Tahoe National Forest.

C. Standards.

1. Projects shall be approved only when they are not within the defined area, unless a Management Plan is prepared consistent with Subsection 2 below.

2. If the above standard effectively precludes development of the project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a registered forester, a certified arborist, or a qualified botanist or biologist, that avoids or minimizes impacts to the defined area. If the entire site is within or adjacent to such an area, the plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the timber resource.

(Ord. 2533. (12/05/2023))

A. Purpose. To minimize removal of existing trees and protect existing trees during construction. To encourage protection of trees to provide suitable habitat for native wildlife. To preserve and minimize the disturbance of landmark and heritage trees and groves from development projects through on-site vegetation inventories, mandatory clustering, and other measures necessary to protect such habitat. To maximize the long-term preservation, protection, and integrity of their natural setting.

B. Definitions.

1. Landmark Trees means any oak (Quercus species) thirty-six (36) or more inches at diameter breast height (dbh or four-foot six inches (4′ 6″)), or any tree whose size, visual impact, or association with a historically significant structure or event has caused it to be marked for preservation by the County, State, or Federal government.

2. Landmark Groves means hardwood tree groves with thirty-three-plus percent (33+%) canopy closure, or groves whose size, visual impact, or association with a historically significant structure or event has caused it to be marked for preservation by the County, State, or Federal government.

3. Heritage Trees and Groves means a tree or a group of hardwood trees designated by the Board of Supervisors to be of historical or cultural value, outstanding specimens, unusual species, or of significant community benefit due to size, age, or any other unique characteristic and considered to be in good health.

C. Standards.

1. For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2. Projects shall be approved only when they do not remove or disturb defined trees or groves, unless a Management Plan is prepared consistent with Subsection 3 below or other standards are met consistent with Subsection 3 below. Exempted from this standard shall be trees or groves determined to be dead, dying, or a public safety hazard by a certified professional arborist, licensed landscape architect, registered professional forester, or qualified biologist or botanist (referred to herein as a qualified professional). In addition, exemption shall apply to those trees that must be removed to ensure fire safe access or provide adequate fuel reduction as determined by the California Department of Forestry or local fire district. Tree removal may also be allowed where necessary to provide for site access and public utilities or public right-of-way.

3. If the above standard effectively precludes development of the project or a revised project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a certified arborist, registered forester, qualified biologist or botanist, or landscape architect. Said Plan shall evaluate the impact of the project on defined trees and groves and recommend project modifications that avoid or minimize impacts. Emphasis shall be placed on protecting groups of trees rather than individuals. Defined trees that must be removed shall be replaced on an inch for an inch replacement of the removed tree(s). The total of replacement trees shall be required to have a combined diameter of the tree(s) removed. The Plan shall provide for the long-term maintenance of the replacement trees.

Management Plans shall emphasize protection of two (2) varieties of oak: Blue Oak (Quercus Douglasii) and Valley Oak (Quercus Lobata). Both are of very limited distribution in the County and considered to be sensitive plants worthy of special protection.

4. If impacts remain, or if the Planning Agency determines that the planting of replacement trees is infeasible or the project site is not capable of supporting all the replacement trees, the applicant shall pay to Nevada County the current market value of the tree removed and the value of the replacement trees (including the cost of planting and maintenance), as established by a qualified professional, to go into a Tree Preservation Fund. Fund monies received in lieu of replacement trees shall be used for the planting and maintenance of trees on publicly owned property, or for purchase of replacement habitat.

5. The above standards shall also apply in those instances in which it can be determined that a defined tree or grove has existed on site three (3) years prior to project application. In such instances, standards under Subsections 1, 2, and 3 above shall be implemented as though the trees or groves were still on-site.

6. Alternative standards to those above may be applied where the Planning Agency finds that the alternative standards have the same practical effect, further the intent of this Section, and provide equal or greater mitigation.

7. Protection of all trees and groves to be retained during and after project construction shall occur consistent with a Tree Protection Plan prepared by a qualified professional, as listed in Subsection C.1 above. Said Plan shall specify pre-construction and post-construction protection measures. Pre-construction measures shall identify a tree protection zone and protection type (typically fencing), specify work required prior to construction (pruning, bracing systems, mulch, pest management, irrigation, fencing installation), and construction plans. Post-construction protection measures and specifications shall detail specific protection requirements, i.e., water needs, monitoring, and maintenance to ensure long-term care.

8. Where the County determines that vegetation identified as an environmentally sensitive resource as defined by General Plan Policy 1.17, has been removed from the site in anticipation of development, or, within one (1) year prior to submittal of a land use application, the following shall be required:

Prior to issuance of any development permits (i.e., grading or building permits), the developer shall fund a native plant restoration program to return the site to a naturally-functioning habitat. If on-site restoration is not feasible, the restoration program shall include the identification of a suitable replacement site to be reviewed and approved of by the Nevada County Planning Agency. The restoration program shall include the hiring of a specialist, selected and contracted by the County, to: (1) identify a suitable location or replacement site for the vegetation that has been removed, with the preferred location being the project site or within the vicinity of the site; (2) prepare a restoration, monitoring, and maintenance plan; (3) initiate the restoration; and (4) conduct a five-year maintenance and monitoring program. The developer shall record or cause to record, a conservation easement on the selected property to preserve the restored habitat in perpetuity. The applicant shall be responsible for incurring all costs associated with the restoration project. The restoration shall represent a three-to-one (3:1) ratio of habitat restored to habitat lost.

9. Tree Removal Near Nevada City.

a. No person, firm or corporation shall remove or cause to be removed any tree located outside a Timberland Preserve Zone (TPZ) and within the Nevada City Sphere of Influence as adopted by the Local Agency Formation Commission without first obtaining a tree removal permit from the Planning Director, except those:

1. That have been identified for removal as part of a Use Permit, Development Permit or Subdivision.

2. That are on developed residentially-zoned property.

3. That have been identified by a licensed forester as being in a hazardous condition presenting an immediate danger to health and property.

4. Where the trunks measure less than ten (10") inches in diameter, measured four and one-half (4.5') feet above grade and where less than twenty percent (20%) of the trees over eight (8") inches in diameter are proposed to be removed every five (5) years.

5. Located on parcels aggregating three (3) acres or more in size, subject to pre-emptive State regulations identified for commercial tree removal pursuant to an approved Timber Harvest Plan.

6. Located within a public or public utility right-of-way when such trees are to be removed by a public agency or public utility.

b. Application Content. A tree removal application shall include, but is not limited to, the following:

1. An inventory of on-site trees, including the percentage of trees over ten (10") inches in diameter to be removed, and the size, species and condition of each tree to be removed.

2. Statement of fact stating the purpose of the removal.

3. Size and species of any trees proposed to replace removed trees.

c. Tagging Required. Trees proposed for removal shall be identified by flagging, staking, painting or other suitable means not detrimental to the health of the tree that is readily visible for field inspection.

d. Removal Standards. A tree may be removed only when:

1. Dead or diseased beyond reclamation.

2. Crowded beyond good forestry practices.

3. Interfering with existing utilities or structures.

4. Obstructing existing or proposed improvement that cannot be designed to avoid tree removal.

5. Inhibiting sunlight necessary for solar access.

6. Any other reason that may be identified by the Planning Director based on a consultation with the recognized expert in the field including, but not limited to, a licensed landscape architect, forester or horticulturist.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A. Purpose. To protect the natural appearance and aesthetic quality of visually prominent ridgelines and large-scale viewsheds.

B. Definitions.

1. Visually Important Ridgelines and Viewsheds means visibly prominent ridgelines, and large-scale viewsheds considered to be of high natural scenic quality and are highly visible from public roadways, parks and other public places.

C. Standards.

1. In no case shall the roofline or any portion of a structure extend above a visually important ridgeline.

2. Site grading shall not alter the existing silhouette of visually important ridgelines.

3. When the County determines that a project may impact a visually important ridgeline or viewshed, a Management Plan shall be prepared by a land use planner, an architect, or landscape architect. This determination may be based on a County-wide or area-wide inventory of visibly prominent ridgelines and large-scale viewsheds, or, in the absence of an inventory, upon a determination that the proposed project may be likely to impact a visually important ridgeline or viewshed.

The Management Plan shall include a Visual Analysis which shall normally include a determination of the geographical location and level of visual quality of the defined area. It shall normally include a determination of the number and type of existing and potential viewers, viewing distance, angle, focal point, and landscape and topographic variety and uniqueness. The Management Plan shall delineate specific protective measures and impact controls necessary to minimize visual impact to the maximum extent possible.

(Ord. 2533. (12/05/2023))

A. Purpose. To preserve the integrity and minimize the disruption of watersheds and watercourses. To preserve stream corridors and riparian habitat, ensure adequate protection of stream values, and protect stream corridors for wildlife movement and foraging. To avoid the impact of development on wetlands, or where avoidance is not possible, to minimize or compensate for such impacts, to provide for minimum setbacks to protect resources values, and to retain wetlands as non-disturbance open space.

B. Definitions.

1. Canal means any man-made open watercourse designed to carry water for domestic or agricultural purposes.

2. Riparian Area means vegetative and wildlife areas associated with and adjacent to streams and water bodies.

3. Watercourses, Perennial means natural or once natural flowing bodies of water, including natural waterways that have been channelized, which flow continuously through a bed or channel having banks. All streams, creeks, lakes, ponds and reservoirs shown on the 7.5-minute USGS maps as perennial are included in this definition unless professional evaluation determines the watercourse to be intermittent or seasonal.

4. Watercourses, Intermittent, or Seasonal means a body of water which flows only at certain times of the year when it receives water from ground or surface sources.

5. Wetlands means an area inundated or saturated by surface or groundwater at a frequency and duration to support a prevalence of vegetation typically adapted for life in saturated soil conditions.

6. Wetland and Riparian Mitigation Banking means the process of engaging in a transaction wherein mitigation bank credits are sold from a qualified wetland mitigation bank site to compensate for wetland and riparian impacts at the site of impact.

C. Standards. A project shall be approved only when not within the following non-disturbance buffers, unless a Management Plan is prepared, consistent with Subsection 7 below, or unless greater or lesser setbacks are delineated on the Zoning District Map, which shall be adhered to:

1. For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2. Within one hundred (100') feet of the high-water mark of perennial streams and watercourses.

3. Within fifty (50') feet from the highwater mark of intermittent watercourses.

4. Within one hundred (100') feet of all wetlands and riparian areas.

5. Within one hundred (100') feet of the canal water surface on the uphill side of a canal; and within twenty (20') feet on the water surface on the downhill side of a canal.

6. A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect any wetlands over one (1) acre, or riparian areas, and that it will result in no net loss of habitat functions or values of the wetlands or riparian area.

7. Project applicants shall obtain appropriate authorizations from the U.S. Fish and Wildlife Service, State Department of Fish and Game, and U.S. Army Corps of Engineers prior to project approval. Any provisions to avoid, mitigate, or compensate for impacts to the wetlands or riparian areas contained in such authorizations shall become conditions of project approval.

8. If the above standards effectively preclude development of the project or a revised project, or adversely affects another environmentally-sensitive resource, a Management Plan, prepared by a qualified biologist or botanist, shall be prepared that avoids or minimizes impacts to the resource.

An alternative is the on-site or off-site creation, restoration, replacement, enhancement, or preservation of wetlands or riparian areas. This alternative may be preferred where the remaining protected wetlands or riparian areas are small, isolated, and of low habitat value. Such areas shall take into account both site location and wetland or riparian type.

The following wetland or riparian area types shall be allowed as mitigation in descending order of general acceptability:

a. In-kind, on-site.

b. In-kind, off-site.

c. Out-of-kind, on-site.

d. Out-of-kind, off-site.

Such wetlands or riparian areas shall be maintained in perpetuity in order to compensate for the permanent effect of the project through recordation of a restrictive document. Such wetlands or riparian areas shall ensure full replacement of wetland or riparian areas lost at a minimum of not less than a two to one (2:1) ratio.

Mitigation can involve the purchase of compensatory habitat acreage within Nevada County of comparable or superior quality within a qualified wetland or riparian area mitigation banking site in the County of Nevada ensuring full replacement consistent with the above standard. The bank developer shall provide assurance to the County that the created wetlands or riparian areas are permanently protected and maintained.

These standards shall not apply to open air structures, including docks, piers, boat hoists and canopies, as defined in Exceptions to Setbacks in this Code.

(Ord. 2533. (12/05/2023))

A. Purpose. To prevent or minimize the impact of wildland fire hazard associated with development.

B. Definitions.

1. Dead End Road means a road which has only one (1) point of vehicular ingress/egress, including cul-de-sac and looped roads.

2. Wildland Fire Hazard Areas means those areas within the unincorporated area of Nevada County that are mapped on the CALFIRE "Fire Hazard Severity Zone" maps which are rated for wildland fire potential.

C. Standards.

1. All development shall comply with the applicable fire protection-related provisions of the following chapters of this Code:

a. Zoning Regulations, which establishes residential and rural base district side yard and rear yard setback standards.

b. Fire Safety Standards, which establish fire safe building codes relative to building construction.

c. Street Addressing and Naming, which requires the naming and posting of roads and the posting of street addresses.

d. Fire Safety Regulations, which establishes regulations for fuel modification, water storage, and driveway construction.

e. Road Standards, which establishes minimum standards for fire safe road construction and maintenance.

2. Unless otherwise exempted by this Chapter, all discretionary and Administrative Development Permit projects within a high or very high fire hazard zone shall comply with the following standards:

a. Create defensible space by removing and reducing brush, flammable vegetation or combustible growth consistent with the provisions of California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry and Fire Protection Chapter 7, Fire Protection Subchapter 3, Fire Hazard and the Nevada County Defensible Space Standard described in General Plan Policy FP10.11.1.1. Defensible space treatment shall be completed, and inspected by the County Fire Marshal, or their designee, prior to the granting of any occupancy of new structures.

b. Provide secondary access where the project is served by a dead-end road that exceeds the maximum length established by County Road Standards. Secondary access roads shall be improved to the Fire Standard Access Road standard and consistent with the provisions of County Road Standards.

3. All driveways serving new residential units, and that are between one hundred fifty (150') feet and eight hundred (800') feet in length shall construct a turnout near the midpoint of the driveway. Driveways exceeding eight hundred (800') feet in length shall provide turnouts no more than four hundred (400') feet apart.

4. All discretionary projects within the very high wildland fire hazard area severity zone shall submit a Fire Protection Plan to be approved by the Nevada County Fire Marshal and/or their designee. The approved original shall be kept on file at the County Planning Department and an approved copy shall be provided to and kept on file with the appropriate fire district. The plan shall be site specific to the project and shall include the following:

a. Identification of the proximity to emergency responders and estimated emergency response times;

b. Description of the primary and, if applicable, secondary, access road conditions;

c. Identification of the project's emergency water supply or emergency water storage facilities consistent with Fire Safety Regulations of this Code;

d. Identification of any proposed or required fire sprinkler system;

e. Identification of a feasible evacuation plan and/or safe evacuation routes for use by future occupants of the project;

f. Identification and use of clustered buildings and/or building sites and where feasible, the use of common driveways and access roads; and

g. A Fuels Management Plan that includes:

1. Identification of the project's defensible space design, consistent with California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry and Fire Protection Chapter 7, Fire Protection Subchapter 3, Fire Hazard;

2. Identification of high fuel load areas;

3. Provisions to ensure that adequate defensible space is provided including, but not limited to, the use of increased property line setbacks or fuel modification zones or easements around newly created lots;

4. Identification of the mechanism proposed for maintaining defensible space; and

5. Use of fire-resistant plantings for all landscaping required by County Ordinance using the most current Fire-Wise Plant Book prepared by the Fire Safe Council of Nevada County, or similar publication.

The above fire prevention measures shall be incorporated into the project unless specific findings can be made and supported by the responsible fire agency which demonstrate that one (1) or more of the Fire Protection Plan components are not necessary because of the project's location, design and/or specific site features and because the project will not add to the cumulative fire hazard within the project area.

(Ord. 2474. (01/14/2020); Ord. 2533. (12/05/2023))