SIERRA COUNTY PLANNING COMMISSION REGULARMEETING MINUTES May 16, 2024 Chair: Liz Fisher James Kelley Vice Chair: Mike Filippini Alan Teague Vacant Location: Sierra County Courthouse I Board of Supervisiors Chambers I 100 Courthouse Square II Downieville, CA 95936 This meeting was open to the public for in-person vewmgparicpation, as well as available via Vvideoleleconerence. 1. CALLTOO ORDERROLLCALL The meeting was called to order at 10:01AM. Commissioners Present: Commissioners Teague, Filippini, Fisher. (Commissioner Kelley absent) Members oft the Public Present: Daniel George (online), Scott Safley, Theresa Safley, and Shane Staff Present: Brandon Pangman, Corri Jimenez, Monica Beachell. Lee (in person). 2. APPROVALOF AGENDA Motion: Filippini/ Teague. Approved without changes. Vote:3/0 3. APPROVALOFI MINUTES April 11, 2024 Minutes approved as presented. Motion: Teague/Flippini. Approved with/out changes. Vote: 3/0 4. CORRESPONDENCE None. 5. PUBLIC COMMENT OPPORTUNITY None. 6. WORKSHOPS None. Page1of5 7. PUBLIC HEARINGS 7.1 Short-Term Rental Ordinance (Amendment): Proposed amendments to a countywide Ordinance 1117 (Sierra County Code 15.10.060) regulating short-term rentals. The Planning Commission will consider all comments and make recommendations to the Sierra County Board of Supervisors for final determination and adoption at a future public hearing. Planning staff's preliminary environmental assessment: Exempt under CEQA Guidelines, California Code of Regulations, Title 14, Sections 15301 (Class 1 Categorical Exemption), 15060(c)(2-3), and Planner Corri Jimenez gave a summary ofthe short-term rental ordinance and the direction received from the Board of Supervisors to evaluate the ordinance at the one-year mark. Presentations were given tot the Planning Commission and the Board of Supervisors, which led to proposed revisions to the ordinançe. Ms. Jimenez went on to summarize the following proposed amendments: Section B(4) under "Short-Term Rental Permit Requirements for Permitted Locations,""Short- term rental as a portion of a residential structure (i.e. a bedroom) is prohibited." This has been replaced with "An STR as a portion of a residence is permissible and only one (1) rental is allowed per property; owner must be present on the property at the time of rental." Commissioner Filippini asked for clarification on why the property owner had to be onsite. Director Pangman clarified that this provision is open up short-term rentals to be allowed in a portion of a residence, while keeping a maximum limit of one per property. The homeowner 15061(b)(3). must be present only in the instance oft renting a room in their home. Section B(9) added for clarification, "Property ownersn must be current on all property taxes prior toa applying for or being issued a short-term rental permit. Short-term rental may be suspended The Planning Commission agreed that this was reasonable and had no additional comments on orrevoked for failure to payp property taxes." this item. Section E(7) under "On-site Parking" state, "The number of parking spaces required shall be calculated on the basis of the maximum occupancy on the property containing the short-term rental." A sentenced was added tos state: "The following formula guides the maximum occupancy as it pertains to parking: one (1) parking space for a maximum occupancy of I-4 persons: two (2)parking spaces for a maximum occupancy ofs 5-6 persons: and three (3) parking spaces fora The Planning Commissioners suggested. adding that any offsite parking must be located withina quarter mile of the property. Commissioner Teague suggested that parking should be defined earlier in the ordinance, and that all subsequent language pertaining to parking should reference maximum occupancy of7-10 persons." that section. Section H(1) under the Responsibility of Property Owner," added for clarification, "The The Planning Commission agreed that this was reasonable and had no additional comments on property owner must be current on all property taxes." this item. Page 2of5 Section H(3) under "Emergency Communications," the word "A working, landline telephone" The Planning Commission agreed that this was reasonable and had no additional comments on and the word "landline" was removed. this item. Section H(7) under "Parking," states "maximum occupancy' for the short-term rental" needs clarity in how it is calculated. A sentenced was added to state: "The following formula guides the maximum occupancy as it pertains to parking: one (1) parking space for a maximum occupancy of1 1-4 persons: two (2) parking spaces for a maximum occupancy of5-6 persons: and The Planning Commissioners suggested adding that any offsite parking must bel located withina three (3) parking spaces for a maximum occupancy of7-10 persons." quarter mile oft the property. Section H(10) under "Rental Rules/Emergency Contacts/Visitor Information" the sentence "The binder. : for primary appliances (furnace, generator, and transfer switch, etc.)..."to" "mechanical appliances related tol life and safety (furnace. heat source, air conditioner, generator, and transfer The Planning Commission agreed that this was reasonable and had no additional comments on switch)... . this item. Section H(11)under "Fire Extinguishers, Smoke Alarms and Carbon Monoxide Detectors"states "two five pound and one 20-pound charged fire extinguishers.." Staff reached out to Sierra County Plant Manager and former fire chief, Lee Brown and received an explanation on how to accommodate replacing a 20-pound fire extinguisher (see PCI Exhibit 4). Staffo changed the "20- pound fire extinguisher" to a "10-pound fire extinguisher" but would like to know if location specifics for extinguishers should be added into the ordinance to read: The two 5-pound fire extinguishers shall be placed next to the outside exits, and not behind an open door. The 10- Commissioner Teague appreciated the changes and suggested further amendments. All the fire extinguishers would be 5-lbs, with a minimum of three fire extinguishers. Fire extinguishers must be placed next to each outside exit, and the exit of the kitchen. Staff added per Commissioner Teague, "Each outside exit must haveone(Ds-pound fire extinguisher that ist not behind an open door: and one (1)5-pound fire extinguisher shall be placed in the kitchen next to pound fire extinguisher shall be placed in the kitchen next to the exit." the exit. < Section H(14) under "Exterior Water Source/Fire Defensible Space,' , states :.. .operable exterior hoses of no less than 100 feet in length connected to at least two exterior hose bibs" to "one The Planning Commission agreed that this was reasonable and had no additional comments on (I)exterior hose bib." this item. Section H(17) under "Transient Occupancy Tax (TOT) Registration and Certificate" the following sentence is added/clarified, "...The property owner must be current on all property Page 3 of5 taxes. Failure to provide this certificate or operating in violation of the county TOT program.or failure to pay property taxes is cause for suspension of the administrative use permit." Commissioner Teague added, "Ifthe taxes are not brought current within 90 days ofs suspension, the STR Permit may be revoked by the Planning Department." Section J(I) under "Violations" the following change that includes striking the fine "not exceeding $500.00" and adding "first violation is $1,500.00, second violation is $3,000.00,a and The Planning Commission agreed that this was reasonable and had no additional comments on all subsequent violations are $5,000.00 this item. The public hearing started at 10:40am. Shane Lee, Scott Safley, and Theresa Safley were present. They recently purchased al home in Sierra City that was previously permitted as a short-term rental. They askedi ifthe Planning Commission would consider transferring aj permit when aj property iss sold. They explained that the short-term rental had developed over the years, accruing faithful customers and a great reputation. The 2-year exclusion period would hurt the reputation oft the business, and a transfer of permit would not reduce housing stock. Mr. Lee and Mr. & Mrs. Safley understood the value ofhaving at transfera application, sO that as new owners, they could understand the complexities of the short-term rental ordinance, and how they can best comply with the policies. The public Thel Planning Commission addressed the comments made in the public hearing as follows: Chair Fisher: The non-transferability oft the STR permit was intended to stop commercial business in residential zoning districts, and to increase the housing stock. Housing stock is extremely limited in Commissioner Filippini: Are-application process for an existing short-term rental seems reasonable. At two-year waiting period can be discouraging. Idon't want the process to be completely draconian Commissioner Teague: Iliket the idea of adding a transfer application that must be completed by the new property owners within the first 120 days of the ownership change. The STR permit should not run with the land and should be suspended upon the transfer of ownership until the new owner re- applies. It would be a different application process than the original permit. This would be a The Planning Commission went on to address the written public comments from Mr. Joseph Marcy, al Pike resident. Zoning was thei first item. Commissioner Teague said that the ordinance should have an exclusion list versus an inclusion list for the acceptable zoning districts for STRs. Commissioner Filippini felt that the Planning Commission could benefit from a review of zoning before deciding on revising acceptable zoning districts. Commissioner Fisher commented that during the past Planning Commission meetings that resulted in the original ordinance, Rural Residential zoning districts (and Sierra Brooks) were intended for families and not businesses or transient visitors. The Planning Commission then addressed additional structures. Director Pangman explained that yurts are allowed in organized campgrounds with 2 inspections a year and must be taken down after 180 days. The Planning Commission agreed that they did not want to expand short-term rentals to include yurts. They expressed a willingness to consider other permanent R3 buildings under Title 14 hearing was closed at 10:50am. the county, and short-term rentals are detrimental to the already low supply. for property owners. reasonable amendment to Section K of1 the ordinance. ofthe California Building Code, if they were not constructed as an ADU. Page 4 of5 Motion to have staff incorporate the suggested changes with the Chair's signature, and then bring to the Board of Supervisors for aj public hearing: Teague/Filippini. Vote 3/0 8. BUSINESS REQUIRING ACTION OR DISCUSSION 8.1. Sierra County Broadband Planning & Feasibility Study: Director Pangman provided the Planning Commission with the background that the County received over $300,000 in grant funding to address the underserved areas pertaining toi internet and its infrastructure. The grant funding was used to create the planning and feasibility study, which isap prerequisite toi receive additional grant funding to install the required infrastructure. 8.2. Fire Restriction Ordinance: Director Pangman reviewed the draft fire restriction ordinance that will be taken to the Board of Supervisors. Discussion purposes only, no actions Discussion purposes only, no actions were taken. were taken. 9. FURTHER BUSINESS None. 10. PLANNING COMMISSIONERS REPORTS None. L.ADJOURMMENT Motion to adjourn: league/Fltppini. Vote:3/0 The meeting was adjourned at 12:35pm. The next Planning Commission meeting will take place on 6/13/2024 Respectfully submitted, Monica Beachell Monica Beachell Department Specialist Approved as' Witnessed Brandon Pangman Commission Secretary Page 50 of5