SIERRA COUNTY PLANNING COMMISSION REGULAR MEETING MINUTES September 12, 2024 Chair: Liz Fisher Mike Filippini Vice Chair: Jim Kelley Alan Teague David Goicoechea LOCATION: videoeleconerence Loyalton Social Hall I 105 Beckwith Street I Loyalton, CA 96118 This meeting was open to the public for in-person viewingparticipation, as well as available via 1. CALIDORDPRAOICAL The meeting was called to order at 10:06AM. Commissioners Present: Commissioners Allen, Fisher, Kelley, Filippini, and Goicoechea Staff Present: Planning Director, Brandon Pangman and Planner III, Corri Jimenez 2. APPROVAL OF AGENDA Motion: Icague/Goicochea. Approved without changes. Vote: 5/0 3. APPROVAL OF MINUTES Minutes for the August 15, 2024 Planning Commission meeting were requested to be removed and brought back by Chair Fisher. Chair Fisher requested that the minutes be Motion: Goicoechea/Kelley. Approved: to be revised and brought back. Vote:5/0 revised to be more succinct. 4. CORRESPONDENCE 4.1 Email from Pike Resident. Joseph Marcy for potential ordinance on "tiny houses on wheels." Director Pangman presented email correspondence by Mr. Marcy on the subject of considering an ordinance for Sierra County similar to what otherjurisdictions. are currently undertaking, about "tiny houses on wheels." The Director received this email from Mr. Marcy and decided to direct it to the Planning Commission for consideration. After brief discussion, direction to staff was that it was acceptable to the Commissioners to add this item toai future agenda for further discussion and direction. Director Pangman said it would be added to Section 8 oft the next meeting' s agenda. Page 1 of5 5. PUBLIC COMMENT OPPORTUNITY None. 6. WORKSHOPS None. 7. PUBLIC HEARINGS 7.1 Frank Wang Zone Variance. Planner Jimenez presented the staff report and noted that the same project was originally approved by the Planning Commission back in 2021 (Planning File #1694), but the entitlement expired in April 2023. The previous application was for an existing, unpermitted "wellhouse" that resembled a cabin and was built within the 60 feet setbacks ofGeneral Forest and the new property owner at that time was still exploring the feasibility ofwhether the structure could be permitted as a legal residence. The same property owner/applicant was resubmitting his previous application with the modification that it was going to be used solely as a wellhouse/storage shed as a Group U occupancy. The Commission asked general questions about the project, for clarification and the requirements of the Building Code in converting the building strictly into a utility structure. This was clarified by the Director. Commissioner Teague questioned what was going to be removed, besides the plumbing, and ift the woodstove would be retained. The Director said stoves have been allowed in storage and shop buildings as long as they are not intended for occupancy, and the Director summarized the history ofthe project up through 2021. Commissioner Kelley asked about the leach field and its proximity to the outbuildings, which was clarified by the Director as exempt structures; but he also added that the plumbing in the larger shed would need to be removed, and the smaller shed needed to be relocated out the setbacks-and that these were recommended conditions ofa approval. Motion: Kelley/Teague. Approved as recommended. Vote: 5-0 7.2 Marsh Conditional Use Permit. Planner Jimenez presented the staff report regarding the proposed use permit to reuse a railroad car as a small meat processing facility in the A-1 agricultural zoning district, and that no slaughtering would be done on the property and only precut meat would be processed, packaged, and sold. She continued that a building permit application had been submitted to the Building Department and that the applicant has been working with the Environmental Health Department to get the facility permitted. Commissioner Teague asked if signage was going to be added to the property, which was clarified by staff that a sign was already present on the fence and no new signage was going to be added. Chair Fisher asked what is al Farmland Security Zone (FSZ) contract. The Director clarified that a FSZ contract was an agricultural preservation tool under the California Land Conservation Act, similar to a Williamson Act contract only more restrictive, and was distinguished by time period of20 years instead of10 years, as well as providing lower property taxes as an incentive to doing strictly agricultural activities, and discouraging the premature conversion of the property to non-agricultural activities. Itisa contract, he said, with the County and is different than a land conservation easement, which Page 2 of5 isu usually a private or civil arrangement. Commissioner Filippini asked ift the FSZ contract was consistent with what the applicants were proposing. The Director clarified that staff felt it was compatible, but the processing oft the meat was a commercial use and needed a use permit. As a small facility next to existing barns in an already-disturbed area, and compatible with agricultural uses already occurring on the same parcel, it was a good fit for the property. Commissioner Goicoechea added that the use was compatible with the FSZ. The Chair asked the applicants, the Marshes, ifthey wanted to add anything, but the Marshes said they were clear and thanked the Planning Department staff for their efforts. Commissioner Filippini said he found the project was a good fit for agricultural, and because iti iss small and doesn'tb block any additional agriculture uses and is clearly compatible. Motion: Goicoechea/Filippini. Approved as recommended. Vote: 5-0 7.3 Short Term Rental (STR) Ordinance Amendment. Director Pangman presented a synopsis of what has transpired from earlier meetings with the Board of Supervisors and Planning Commission previously that was summarized in the staff report. The Director outlined the staff report per several "options" that summarized the main issues and included a resolution to save staff from bringing it back to the commission. The Director walked through the proposed changes to the ordinance as four options, which started as "transferability and waiting." Commissioner Filippini asked for some discussion from the others on the issue. The Director summarized that the current ordinance says that a current permit is not transferable and there is a 2-year waiting period. Commissioner Filippini interjected that he wished to vote on the transferability first because it will affect how he votes for the waiting period. He liked transferability ofa STR and the 2-year waiting period. Commissioner Goicoechea said he supported the 2-year waiting period and the transferability comes to property rights and concurs with transferability as well as realizes it makes things unequal between properties. Commissioner Kelley jumped in ift the goal is to control the number, then it is moot, and favored the 2-year waiting period and transferability. Commissioner Teague said he did not care ifit was a 1-or2 2-year waiting period and it will control investors, and fully supported transferability. Chair Fisher finished the discussion that transferability turned it into a "business", and did not support the transferability option but supports the 2-year wait. Commissioner Teague made the motion to allow the transferability, and the 2-year wait per the majority, which was seconded by Commissioner Filippini (Option B). Prior to moving to the next item, Commissioner Kelley questioned the Director ift the Board would approve or have a problem with this motion, which staff concurred. After discussion, Commissioner Teague proposed a no transferability and a 1 year wait, and then could be ai reapply (Option C). Commissioner Filippini removed his previous motion and Commissioner Teague made the motion for Option C, which was Director went to the next item on the ordinance, where STR was allowed in specific zoning districts and summarized that those in Rural Residential (RR) districts foreseen it as unfair, which would include all of Sierra Brooks, Pliocene Ridge, and Verdi. He said the options laid out could be wherever there is a legal residence or support a cap on STRs we have. Other suggestions, which has come from the public, was to open it up to different resources, such as yurts. He added that Open Space Residential is compatible with the RR districts, therefore was included. Per the ordinance, he summarized the options in front ofthe seconded by Commissioner Goicoechea. Page 3 of5 commissioners. Commissioner Filippini asked how the Supervisors felt, and the Director summarized it was time to revisit this issue, specifically to the RR zoning district. Commissioner Kelley asked how many parcels would bei included, and Planner Jimenez jumped in to summarize where it would be allowed in Verdi, Sierra Brooks, Calpine, and Pike, and could not think ofa any in Downieville or Sierra City. The Director interjected that the General Plan, once adopted, RR parcels will be in all these communities. Commissioner Goicoechea interjected and felt since the zoning was going to change, and it would best to leave it alone and look at the whole spectrum of options once the zoning changed. Chair Fisher asked about commercial zoning, which the Director answered that it was ini the ordinance. Commissioner Teague then asked on the RR zoning. He was only interested in the larger parcels, such as 2-4 acres, otherwise he would leave it alone. Commissioner Kelley, in support of Commissioner Goicoechea, supported that the zoning will eventually be changing, which was echoed by Commissioner Filippini. Chair Fisher asked about ift there is anotification process to neighbors ofa STR, and the Director commented it was discussed and Planner Jimenez said the STRs were online but there were no notifications. Commissioner Teague made to leave it as with no changes (Option C), which was seconded The Director commented all the tough items had been addressed and walked through one by one all the other proposed changes to make sure there were nothing contentious with the commission regarding extinguishers, parking, telephones, violations, etc. He also reiterated "Option C" for no transferability ofthe STR with 1 year wait and "Option C" to leave the zoning districts where it is allowed in the ordinance with no changes. Commissioner Teague made the motion to recommend this ordinance to the Board, which was agreed by Commissioner Goicoechea, and seconded by Commissioner Filippini. At the end, ifthe ordinance was to comeback Commissioner Filippini requested more direction from the Board of Supervisors, as ai revision. Commissioner Goicoechea agreed that additional information by Commissioner Goicoechea. would be appreciative. Motion: Teague/Filippini. Approved with changes. Vote: 5-0 8. BUSINESS REQUIRINGACTION. OR DISCUSSION None 9. FURTHER BUSINESS None 10. PLANNING COMMISSIONERS REPORTS None 11. ADJOURNMENT Motion to adjourn: Goicoechea/Teague Vote: 5-0 Page 4 of! 5 Meeting was adjourned at 11:46. The next Planning Commission meeting will take place on October 10, 2024. Respectfully submitted, Corri Jimenez Corri Jimenez Planner III Approved as Witnessed Ec Brandon Pangman Commission Secretary Page 5 of5