Planning commission recommends immediate rezone and 11‑lot tentative map for 307‑acre Banner Mountain property amid wildfire, evacuation concerns

The Nevada County Planning Commission on a 3‑0 vote recommended that the Board of Supervisors approve an immediate rezone of roughly 307 acres owned by Mark Pei from Timber Production Zone (TPZ) to RA‑10 and AG‑30 and a tentative parcel map to divide the property into 11 lots.

Staff presented the project as an “immediate rezone” of land the Board previously rezoned with a 10‑year rollout. David Nicholas, Associate Planner for Nevada County, told the commission the proposal would create 11 lots ranging from about 4 acres to roughly 127.4 acres, served by individual septic systems; seven lots would use public water from the Nevada Irrigation District and four would rely on private wells. Nicholas said the project totals approximately 307 acres and that “Lot 1 will be developed with a 10,000‑gallon water tank” intended to serve Lots 1, 2 and 11 because those parcels are more than 750 feet from existing hydrants.

The project includes several mitigation and design elements staff said would reduce wildfire and resource impacts: a deed restriction on Lot 3 to prevent future subdivision, a 15‑foot trail easement along Banner‑Quaker Hill Road (identified in the county’s nonmotorized trails plan), building envelopes that avoid seasonal streams, slopes over 30% and landmark oak groves, and a proposed shaded fuel break on Lot 3 with a maintenance requirement recorded as a deed restriction. Nicholas said the initial study resulted in a mitigated negative declaration, circulated from 02/15/2025 to 03/17/2025, and that the County received three public comments raising traffic, fire and evacuation concerns.

Residents and community members urged the commission to weigh evacuation safety in dense, fire‑prone neighborhoods. Morris Hervey, a Red Dog Road resident, warned that additional traffic would be “an unacceptable safety risk to pedestrians” in Deer Creek Park and questioned whether a dedicated lot to Nevada County Consolidated Fire District represented a binding commitment to build a station. Jacqueline Hervey, a Banner Mountain resident, told the commission that past planning decisions — including approval of accessory dwelling units — increased evacuation risk and said “no new projects should be approved” without safe evacuation demonstrated.

Nevada County Consolidated Fire Chief Jason Robitow said the parcel offered operational benefits even if a staffed station is not immediately constructed. He told the commission the site “could be a good staging area for us to fill our water tenders, to do water shuttle operations,” and that a designated landing zone and proximity to hydrants could reduce response and transport times. Applicant representative Theodore Goodman said the subdivision would create more private fuel‑modification over time and reiterated that the dedication of Lot 7 provides a public benefit.

Commissioners clarified that the hearing considered whether to allow the rezone to occur three years earlier than the previously approved rollout period; it was not a rezone application in the first instance. Commissioners asked about maintenance of the fuel break, the tax reclassification process and whether timber harvesting rules would change when parcels move out of TPZ. Staff said timber harvest would still require appropriate state permits and that tax reclassification and compliance with tax collector requirements would be resolved prior to map recordation.

Votes at a glance

- Motion to adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (EIS 20‑48): passed 3‑0 (Commissioners Garst, Foley, Vice Chair McAteer yes). - Motion to recommend approval of the immediate rezone from TPZ to AG‑30 and RA‑10 (RZN 20 3 0 0 0 2 as stated in the record): passed 3‑0 (Garst, Foley, McAteer yes). - Motion to recommend approval of the tentative parcel map (per Section 13.02.040 of the Nevada County Code): passed 3‑0 (Garst, Foley, McAteer yes).

Next steps: The commission forwarded its recommendation and environmental findings to the Board of Supervisors for final action. Staff noted that the Board will consider the rezone and map; no Board decision was recorded at this meeting.