Nevada County Municipal Code Ch. 3 Driveways

Proper emergency access providing all season, all-weather evacuation and access by emergency response vehicles is of paramount importance in order to assure that the spread of a wildland fire can be retarded.

(Ord. 1734. (09/10/1991); Ord. 2323. (07/13/2010); Ord. 2531. (10/24/2023))

All newly constructed single-family residences shall be served by a driveway. Any subdivision proposing that two (2) lots be served by a common driveway shall have the driveway constructed prior to the map recordation. The driveway shall meet the following construction standards as administered by the Building Department through a driveway permit when a grading permit is not applicable.

A. Driveway Grade.

1. Below four thousand (4,000') feet elevation, driveway grade shall not exceed sixteen percent (16%) unless a Petition for Exceptions is supported by the County Fire Marshal or their appointed designee and granted by the planning agency having jurisdiction over the land use entitlement. Notwithstanding Section 4.02.060, Exceptions to Standards, there shall be no exceptions granted for grades in excess of twenty-five percent (25%).

2. At or above four thousand (4,000') feet elevation, driveway grade shall not exceed sixteen percent (16%) maximum. Notwithstanding Section 4.02.060, Exceptions to Standards, there shall be no exceptions granted for grades in excess of sixteen percent (16%) where elevations range above four thousand (4,000') feet.

B. Driveway Surface.

1. Driveway surfaces shall be capable of supporting a forty thousand (40,000) pound legally-loaded vehicle as outlined below:

a. Driveways and segments thereof that are between zero percent (0%) and sixteen percent (16%) grade shall be capable of supporting a forty thousand (40,000) pound legally loaded vehicle as certified by a registered civil engineer, or a minimum of four (4")-inch Class II aggregate base.

b. Driveways and segments thereof that are sixteen and one tenths percent (16.1%) grade and above, shall be designed and certified by a registered civil engineer. Prior to foundation inspection, the engineer shall provide stamped and signed written verification to the County Fire Marshal or their appointed designee that the rough grade complies with the site plan. Prior to, or concurrent with, final inspection, the engineer shall provide stamped and signed written verification that the final driveway complies with the site plan.

2. Driveways between sixteen and one tenths percent (16.1%) and twenty percent (20%) grade shall be engineered with an all-weather surface.

C. Driveway Design.

1. At least the first thirty (30') feet of the driveway encroachment from the edge of pavement of the primary roadway shall be paved and shall conform to the design standards for driveway encroachments as illustrated in the Nevada County Department of Public Works Standards Drawings, available from the Department of Public Works.

2. The driveway must be built to within fifty (50') feet of the nearest point of each dwelling unit.

3. Surface width shall be ten (10') feet minimum with one (1')-foot shoulders and fourteen (14') feet unobstructed horizontal clearance for driveway grades up to sixteen percent (16%). For grades between sixteen and one tenths percent (16.1%) and twenty percent (20%), a twelve (12')-foot minimum surface width with additional one (1) foot shoulders is required.

4. Vertical clearance shall be fifteen (15') feet minimum, measured from the outside edge of the shoulder.

5. Curve radius shall be fifty (50') feet minimum from centerline. For all driveway radii less than one hundred (100') feet, an additional four (4') feet of surfacing shall be provided on said curves. For all driveway radii between one hundred (100) and two hundred (200') feet, an additional two (2') feet surfacing shall be provided on said curves. All driveways shall also comply with Section 16.10.040, Road Design Standards regarding Curve Widening and Design Geometrics: Curve Widening.

6. Back-out maneuvering area in front of parking garages and open parking stalls shall be twenty-four (24') feet.

7. Turnouts and Turnarounds.

a. For driveways that are three hundred (300') feet or more in length, a turnaround or hammerhead with a maximum grade of twelve percent (12%) shall be provided within fifty (50') feet of the dwelling.

b. Driveways exceeding one hundred fifty (150') feet in length, but less than eight hundred (800') feet in length, shall provide a turnout near the midpoint of the driveway.

c. Driveways exceeding eight hundred (800') feet shall provide turnouts no more than four hundred (400') feet apart.

d. Turnaround: The terminus bulb shall have a minimum forty (40')-foot radius.

e. Hammerhead T: The long axis shall be a minimum of sixty (60') feet and the leg shall be a minimum of forty (40') feet.

f. Turnouts shall be a minimum of twelve (12') feet wide and thirty (30') feet long with a minimum twenty-five (25')-foot taper on each end.

8. All bridge and culvert portions of the driveway shall support a forty thousand (40,000) pound legally loaded vehicle.

9. Roadside vegetation: A fuel modification area shall be provided for a distance of ten (10') feet on each side of the driveway measured from the shoulder.

10. All appropriate grading, drainage and erosion control shall be included pursuant to Title 14, Building Codes.

11. Lateral slopes must be designed and installed to accommodate a minimum two percent (2%) and maximum four percent (4%) cross slopes, taking topography into consideration.

D. Gates on Driveways.

1. Gate entrances shall be at least two (2') feet wider than the width of the traffic lanes serving the gate and shall provide a minimum width of fourteen (14') feet unobstructed horizontal clearance.

2. All gates providing access from a road to a driveway, or another road shall be located at least thirty (30') feet away from the edge of pavement of the primary roadway and shall open to allow a vehicle to stop without obstructing traffic on that primary road.

3. Security gates shall not be installed without approval of the Fire Marshal's Office of the fire authority having jurisdiction. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.

(Ord. 1748. (10/22/1991); Ord. 1919. (11/05/1996); Ord. 2323. 07/13/2010); Ord. 2474. (01/14/2020); Ord. 2531. (10/24/2023))

A driveway permit pursuant to this Section shall not be required for a driveway legally constructed prior to November 21, 1991.

(Ord. 1773. (05/12/1992); Ord. 2531. (10/24/2023))

A. All exceptions or modifications to the Driveway Standards shall be considered by the Planning Director in consultation with the Fire Marshal. The Planning Director shall consider all the facts associated with the requested exception and request mitigations as deemed appropriate by the Planning Director and Fire Marshal. In approving the same, the Planning Director shall find that the mitigations provide the same overall practical effect as strict compliance with the Driveway Standards. In addition, the Planning Director shall make the following findings:

1. That there are special circumstances or conditions affecting said property;

2. That the exception is necessary for the preservation of a substantial property right of the petitioner;

3. That the granting of the exception will not be detrimental or injurious to other property in the territory in which said property is located;

4. That the granting of the exception will not constitute a grant of special privileges inconsistent with the limitations upon similar property; and

5. That the exception will provide the same practical effect of fire protection and is supported by an entity responsible for assuring compliance with Cal. Code Regs. Tit. 14; Division 1.5, Chapter 7 Fire Protection, Subchapter 2, Articles 1—5, §§ 1270—1276.05.

(Ord. 2474. (01/14/2020); Ord. 2323. (07/13/2010); Ord. 2531. (10/24/2023))