NEVADA COUNTY BOARD OF SUPERVISORS Board Agenda Memo

Transcription

1 COUNTY OF NEVADA COMMUNITY DEVELOPMENT AGENCY PLANNING DEPARTMENT 950 MAIDU AVENUE, SUITE 170, NEVADA CITY, CA (530) FAX (530) Sean Powers Community Development Agency Director Brian Foss Planning Director NEVADA COUNTY BOARD OF SUPERVISORS Board Agenda Memo MEETING DATE: May 23, 2017 TO: FROM: SUBJECT: Board of Supervisors Brian Foss, Director of Planning Public Hearing to consider the Nevada County Planning Commission s April 27, 2017, (5-0 Vote) recommendation for the McDonagh General Plan Land Use Amendment and TPZ Rezone Project to: 1) find the adoption of timberland preserve zones statutorily exempt from CEQA pursuant to Section 15264; 2) approve the General Plan Amendment to change the land use designation of APN from Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40) (GPA ); and 3) approve the corresponding amendment to Zoning District Map (ZDM) #129 to change the parcel s zoning from General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40) (RZN ) (District V). RECOMMENDATION: The Planning Commission recommends the Board of Supervisors take the following actions: I. Environmental Action: Find that the adoption of timberland preserve zones is statutorily exempt from the requirement to prepare an EIR or Negative Declaration pursuant to Section of the State CEQA Guidelines. II. Project Actions: 1. General Plan Land Use Amendment (GPA ): Adopt the attached Resolution for the General Plan Amendment to change the land use designation of APN from Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40), based on the findings contained in the Resolution (Attachment 1). 1

2 McDonagh GPA/TPZ Rezone Board of Supervisors PLN ; GPA ; RZN May 23, 2017 Page 2 of 5 2. Zoning Districts: Adopt the attached Ordinance amending Zoning District Map (ZDM) #129 to rezone APN from General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40), based on the findings contained with the Ordinance (Attachment 2). FUNDING: This project would reduce the annual property tax of APN from $1,431 (current) to $192 (projected), no budget amendments are required. ATTACHMENTS: 1. Resolution: General Plan Land Use Amendment (GPA ) 2. Ordinance: Zoning District Amendment (RZN ) 3. Forest Management Plan Donner Property Tree Farm 4. Timberland Production Zoning Notice for Recordation 5. Zoning, Vicinity and Public Notice Map 6. April 27, 2017 Draft Planning Commission Meeting Minutes SITE DESCRIPTION: forested areas to the west. The acre property is vacant and contains approximately 50 acres of existing forested land area including Jeffery Pine, White fir, Ponderosa pine, and Incense Cedar conifer groupings. The property is located on the north side of Interstate 80 with elevations ranging from 6,240 feet to 6,920 feet above mean sea level, and includes slopes from 10 percent to 55 percent. There are numerous small springs and seeps on the property. Tree mortality has resulted in a snag density of approximately 15 trees per acre and contributed to a buildup of deep and extensive duff layers that could fuel a tree-killing ground fire. Surrounding properties and uses include: Tahoe Donner Association forested open space to the north; U. S. Forest Service forested open space to the east; State of California Interstate 80 to the south; and private property, and Tahoe Donner Land Trust 2

3 McDonagh GPA/TPZ Rezone Board of Supervisors PLN ; GPA ; RZN May 23, 2017 Page 3 of 5 BACKGROUND: The property was last logged between 2002 and 2005 and harvested forest products included saw-logs, firewood and biomass. Since that time there has been no timberland management practiced on the property. The applicants overarching objectives are to produce marketable forest products and to enhance the other resource values of the area. The existing zoning designation of General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) would potentially allow subdividing the property for low-density residential and agricultural uses. The purpose of the existing Planned Development Combining District (PD) is to allow flexible development standards that encourage clustering development, and is a remnant from a previous owner who had considered developing the property, along with other surrounding parcels, as part of a planned community. However, due to the steep topography, limited access and the lack of utilities (e.g., electricity, developed water supply, sewage treatment, gas service, fire hydrants and communication infrastructure), the associated cost of development would be very expensive, and the current owner does not have goals to develop the property, therefore the PD Combining District is no longer appropriate. Land approved for the TPZ Zoning District will be restricted to TPZ standards for a minimum of 10 years. After such time it will continue in perpetuity on an annual basis. The benefit to the applicant of rezoning into TPZ is a reduction in property taxes based on a reassessment of the land value for growing and harvesting timber, and as such, the property must meet specific qualifications in order to be considered for a TPZ District. For 2016/17 the property has an assessed value of $115,464 and the annual property tax is $1,431. Should the TPZ rezone be approved preliminary estimates would change the assessed property value, as determined by the California Board of Equalization, to approximately $4,631 with a projected annual tax of $192. Nevada County s Timberland Production Zone (TPZ) was adopted pursuant to the Forest Taxation Reform Act of It is intended to provide for and encourage prudent and responsible timberland resource management. Among the requirements for inclusion into the TPZ District is the preparation and approval of a Forest Management Plan (FMP) prepared by a registered professional forester which includes: a timber inventory (meeting timber stocking standards set forth in PRC Section 4561); proof of regular commercial harvesting operations; proof of legal and physical access; disease and/or insect control; a thinning and slash disposal program; a fire protection program; and an erosion control program. The applicants FMP (Attachment 3) meets all of the requirements for inclusion into the TPZ District and has been approved by the California Department of Forestry and Fire Protection (CDF). A FMP is not a Timber Harvest Plan (THP). An FMP is a written plan to provide landowners information about their property and the ecological, economic and legal environment around it. This knowledge helps owners determine how best to manage their forested property. A THP is an environmental review document, the functional equivalent of an Environmental Impact Report, and is intended to protect the productivity of a 3

4 McDonagh GPA/TPZ Rezone Board of Supervisors PLN ; GPA ; RZN May 23, 2017 Page 4 of 5 timber harvest site and surrounding environment from damage. If, in the future, the applicants wish to sell, barter, or trade timber produced on the project site, they would need a Registered Professional Forester to prepare the THP and submit the plan to CDF for review and approval. GENERAL PLAN AND ZONING CONSISTENCY: Approval of this application is consistent with Goal 15.1, and Policies 15.4, 15.5 and 15.6, of the Forest Element of the 1995 General Plan, which recognizes the benefits of Nevada County s forests and encourages the use of the TPZ Zone District to preserve forest land. The property is located within the long-term sphere of influence of the Town of Truckee and based on consultation with the Town s Planning Department, Truckee has no objection to the proposed General Plan Land Use and zoning amendments. All applicable agencies and stakeholders have been asked to comment and no adverse issues have been identified, and all requirements for inclusion into the TPZ District have been satisfied. ENVIRONMENTAL REVIEW: This project is exempt from CEQA pursuant to Section of CEQA Guidelines, which exempts local agencies from preparing an Environmental Impact Report (EIR) or Negative Declaration for adoption of Timberland Preserve Zones. PLANNING COMMISSION ACTION: On April 27, 2017, the Nevada County Planning Commission held a duly noticed public hearing to consider the proposed McDonagh GPA/TPZ Rezone project. There were no issues identified and the Commission unanimously (5-0 Vote) recommended the Board of Supervisors approve the project. SUMMARY: The proposed General Plan Amendment and TPZ rezone aligns with the landowner s forest management goals of improving timber production by planting areas not currently supporting conifer production; improving wildlife habitat by increasing solar exposure reaching the forest floor; improving water quality by reducing the threat of wildland fire and the associated threat of sediment and ash entering watercourses through erosion; and protecting soils from reduced wildfire risk. In addition to these positive benefits, the future forest management projects will provide jobs to many different contractors who specialize in timber extraction, fire hazard reduction, forestry and natural resource management. Managing the property s forest resources and maintaining undeveloped open space is cost effective and provides long-term benefits to surrounding properties, general public and the environment, therefore the Planning Commission recommends the Board of Supervisors approve the project. 4

5 McDonagh GPA/TPZ Rezone Board of Supervisors PLN ; GPA ; RZN May 23, 2017 Page 5 of 5 RECOMMENDATION: The Planning Commission recommends the Board of Supervisors take the following actions: I. Environmental Action: Find that the adoption of timberland preserve zones is statutorily exempt from the requirement to prepare an EIR or Negative Declaration pursuant to Section of the State CEQA Guidelines. II. Project Actions: 1. General Plan Land Use Amendment (GPA ): Adopt the attached Resolution for the General Plan Amendment to change the land use designation of APN from Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40), based on the findings contained in the Resolution (Attachment 1). 2. Zoning Districts: Adopt the attached Ordinance amending Zoning District Map (ZDM) #129 to rezone APN from General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40), based on the findings contained with the Ordinance (Attachment 2). Item Initiated by: Patrick Dobbs, Senior Planner Approved by: Brian Foss, Director of Planning 5

6 R E S O L U T I O N N O. OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA A RESOLUTION AMENDING THE GENERAL PLAN LAND USE MAP DESIGNATION FOR ASSESSOR S PARCEL NUMBER (APN ), LOCATED IN THE UNINCORPORATED AREA OF EASTERN NEVADA COUNTY, FROM RURAL-10 ACRE MINIMUM (RUR-10) to FOREST-40 ACRE MINIMUM (FOR-40) (GPA ) (DISTRICT V) WHEREAS, on November 14, 1995, the County of Nevada adopted a General Plan for the County of Nevada, through Resolution ; and WHEREAS, John and Claudia McDonagh are the owners of Assessor s Parcel Number and have requested that the General Plan Land Use Map Designation be amended; and WHEREAS, the land use re-designation from Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40) will allow for production of marketable crops of forest products and to enhance the other natural resource values of the area; and WHEREAS, the General Plan Land Use Map amendment is necessary to align the land use designation of the property with the corresponding rezone (RZN ) to Timberland Production Zone-40 acre minimum (TPZ-40); and WHEREAS, notices of the proposed action to amend the General Plan Land Use Designation of the property were submitted to the Nevada County Public Works Dept., Nevada County Administrator, Nevada County Treasurer-Tax Collector, Truckee Fire Protection Dist., Tahoe- Truckee School Dist., Truckee-Donner PUD, N. Sierra Air Quality Mgt. Dist., Truckee Tahoe Airport Land Use Comm., Caltrans-Highways, Cal Fire Timber, CA Dept. of Fish & Wildlife, Lahontan Water Quality Control Board, Truckee Donner Land Trust, Truckee Community Development Dept., U.S. Forest Service, Sierra Pacific Power, Washoe Tribe of NV and CA, Sierra Lakes County Water District, Tahoe Donner Association, Mountain Area Preservation Foundation, Sierra Watch, Assessor, Nevada County Auditor-Controller, Nevada County Dist. V Planning Commissioner, Nevada County Dist. V Supervisor, Nevada County Principal Planner, and adjacent property owners; and WHEREAS, as required by Senate Bill 12 (Burton) and Assembly Bill 52 (Gatto), the County of Nevada sent requests for consultation to the Washoe Tribe of Nevada and California and the United Auburn Indian Community who in return did not request specific consultation for this project; and WHEREAS, the County is statutorily exempt from the requirement to prepare an EIR or Negative Declaration for adoption of timberland preserve zones pursuant to Section of the State CEQA Guidelines; and WHEREAS, on April 27, 2017, the Planning Commission held a duly noticed public hearing on the proposed property specific General Plan Land Use Map Designation amendment (GPA17- Attachment ) and rezone (RZN ) (collectively Project ) in which the Commission reviewed the 6

7 project s record together with all comments received during the public review period before making a recommendation to the Board of Supervisors on the proposed Project; and WHEREAS, the Planning Commission after reviewing and considering the proposed Project on April 27, 2017, and after taking public testimony and deliberating on the project voted 5-0 to recommend that the Board of Supervisors approved the proposed Resolution to amend the General Plan Land Use Designation as shown and described in Exhibit A attached hereto and made a part of this Resolution; and WHEREAS, the Nevada County Board of Supervisors held a duly noticed public hearing on the proposed amendment to the General Plan Land Use to re-designate the subject property as described herein; and WHEREAS, by separate Ordinance the Board of Supervisors adopted the rezone associated with the Project (RZN ); and WHEREAS, the Board of Supervisors, after reviewing and considering the recommendations of the Nevada County Planning Commission regarding the proposed amendment to the Nevada County General Plan Land Use Designation, all information and evidence submitted in favor and against the proposed amendments, and the complete record before it, has determined than an amendment to the County s General Plan is now warranted. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Nevada hereby finds and determines: 1. That the proposed amendment to the General Plan provides for the adoption of a timberland preserve zone and Nevada County is statutorily exempt from the requirement to prepare an EIR or Negative Declaration pursuant to Section of the State CEQA Guidelines; and 2. That the proposed amendment to the General Plan is consistent with and furthers the goals, objectives, policies, and implementation measures of the General Plan and provisions of the Nevada County Land Use and Development Code Chapter II Zoning Regulations, specifically Goal 15.1, and Policies 15.4, 15.5 and 15.6, that recognize the need and importance of the Forest Land Use Designation for managing forest products and natural resources to protect timber resources from conversion to other more intensive uses, and 3. That the proposed land use amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the County, and supports the protection of forests as one of the important resources of Nevada County to supply raw material for industry, add aesthetic enjoyment for the public, provide food and cover for many forms of wildlife, and protect watersheds, and 4. That the project site is physically suitable for the proposed Forest-40 acre minimum (FOR-40) General Plan Land Use Designation due to the steep topography, limited access, and lack of infrastructure, and that the most appropriate use of the property is to establish a working tree farm and reduce the fuel loading and tree mortality resulting from recent drought and tree diseases, and is consistent with the Land Use Designations of surrounding parcels. BE IT FURTHER RESOLVED that based on the foregoing findings, and the entire record before it, the Nevada County Board of Supervisors does hereby approve and adopt an amendment to the Nevada County General Plan Land Use Map, re-designating the subject property Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40) as set forth in Exhibit A, consistent with boundaries of said property, and authorizes the Director of Planning to file a Notice of Exemption with the Nevada County Clerk s Office for the amended designation of timberland preserve zone of the General Plan. 7 Attachment 1

8 GPA Exhibit A 8 Attachment 1

9 O R D I N A N C E N O. OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA AN ORDINANCE AMENDING ZONING DISTRICT MAP 129 TO REZONE ACRES (APN ) LOCATED IN THE UNINCORPORATED AREA OF EASTERN NEVADA COUNTY, FROM GENERAL AGRICULTURAL-10 ACRE MINIMUM- PLANNED DEVELOPMENT COMBINING DISTRICT (AG-10- PD) TO TIMBERLAND PRODUCTION ZONE-40 ACRE MINIMUM (TPZ-40) (RZN ) (JOHN AND CLAUDIA MCDONAGH) (DISTRICT V) THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS: SECTION I: Pursuant to Land Use and Development Code Section L-II 5.9.G, the Board of Supervisors hereby finds and determines that Assessor s Parcel Number , which is located in the eastern unincorporated area of Nevada County, west of the Town of Truckee, and more specifically described as a portion of the S ½, of the SW ¼, Section 12, T17N, R15E, MDB&M, be rezoned from General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40) based on the following findings That the proposed amendment to Zoning District Map (ZDM) No.129 provides for the adoption of a timberland preserve zone and Nevada County is statutorily exempt from the requirement to prepare an EIR or Negative Declaration pursuant to Section of the State CEQA Guidelines; and 2. That the proposed amendment to the General Plan is consistent with and furthers the goals, objectives, policies, and implementation measures of the General Plan and provisions of the Nevada County Land Use and Development Code Chapter II Zoning Regulations, specifically Goal 15.1, and Policies 15.4, 15.5 and 15.6, that recognize the need and importance of the Timberland Production Zone (TPZ) District for managing forest products and natural resources to protect timber resources from conversion to other more intensive uses; and 3. That the proposed land use amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the County, and supports the protection of forests as one of the important resources of Nevada County to supply raw material for industry, add aesthetic enjoyment for the public, provide food and cover for many forms of wildlife, and protect watersheds; and 4. That the project site is physically suitable for the proposed Forest-40 acre minimum (FR- 40) Zone District due to the steep topography, limited access, and lack of infrastructure, and that the most appropriate use of the property is to establish a working tree farm and reduce the fuel loading and tree mortality resulting from recent drought and tree diseases, and is consistent with the Zoning Districts of surrounding parcels. 9 Attachment 2

10 SECTION II: Pursuant to Section L-II 1.3.D of Article 1, Chapter II of the Land Use and Development Code of the County of Nevada, Zoning District Map No. 129 is hereby amended as follows: Zoning District Map No. 129 is hereby amended as shown on Exhibit A attached hereto and made a part of this Ordinance. Said property comprises approximately acres and is located in the eastern unincorporated area of Nevada County, west of the Town of Truckee, California; and All that certain property described in Exhibit A is hereby rezoned as follows: From General Agricultural-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40), as defined in Chapter II of the Land Use and Development Code of the County of Nevada, and is hereby subject to the restrictions and allowable uses set forth therein. SECTION III: This Ordinance Amendment is subject to Conditions of Approval outlined in Exhibit B. SECTION IV: Now therefore within ten (10) days of final action to include APN within TPZ, the Clerk of the Board of Supervisors shall cause to be recorded an instrument that will serve as constructive notice to prospective buyers of such zoning action. SECTION V: If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION VI: This Ordinance shall take effect and be in full force thirty (30) days from and after introduction and adoption, and it shall become operative on the 22nd day of June, 2017, and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the Supervisors voting for and against same in the Sierra Sun, a newspaper of general circulation printed and published in the County of Nevada. 10 Attachment 2

11 Exhibit A 11 Attachment 2

12 Exhibit B ZONING MAP AMENDMENT (RZN ) Conditions of Approval A. PLANNING DEPARTMENT 1. This project includes a Zoning Map Amendment of Map 129 and re-designates a acre parcel, APN: , currently designated with a zoning designation of AG-10-PD to a zoning designation of TPZ The owner shall continuously comply with all standards of the County Land Use and Development Code, Section L-II 2.3.C, in order to continue to be eligible for the TPZ zoning designation. Timber operations shall occur as described in the California Cooperative Forest Management Plan approved by the CA Department of Forestry and Fire Protection on November 15, 2016, and prepared by Registered Professional Forester Kevin Whitlock, RPF# The parcel shall meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located. If the parcel is subsequently included in the TPZ District, and the landowner fails to meet such stocking standards and forest practice rules, the Board of Supervisors has grounds for rezoning of the parcel pursuant to the provisions of Section of the State Government Code. 4. In no case shall the Board of Supervisors approve a division of land zoned TPZ that creates a parcel or parcels which individually contain less than 40 acres. 5. Rezoning from a TPZ to a different classification may be initiated by the County Board of Supervisors after a public hearing, or may be requested by the property owner at least 90 days prior to the anniversary date of the initial zoning to TPZ. Noticing and hearings shall be pursuant to LUDC, Section L-II Upon completion of public hearings before the Planning Commission and Board of Supervisors, and within 120 days from the filing of the notice to rezone, the Board of Supervisors, by majority vote, may remove the parcel from the TPZ and specify the new zoning classification for the parcel. The new zone shall become effective 10 years after the date of approval by the Board of Supervisors and shall be so noted on the zoning district map. An immediate rezoning from TPZ to a new zone may be requested by the landowner subject to the standards and conditions of Section L-II 2.3.C Within 15 days after project approval the applicant shall sign and file with the Nevada County Planning Department an indemnity agreement provided with the approval letter. No further permits or approvals shall be issued for the project, including without limitation a grading permit, building permit or final map approval, unless and until the applicant has fully complied with this condition. 12 Attachment 2

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72 RECORDED AT THE REQUEST OF: NEVADA COUNTY PLANNING DEPARTMENT 950 Maidu Avenue Nevada City, CA RETURN TO: COMMUNITY DEVELOPMENT AGENCY NEVADA CO. PLANNING DEPT., Inter Department Mail Box NOTICE OF TIMBERLAND PRODUCTION ZONING Assessor's Parcel No: Owner(s): John J. and Claudia K. McDonagh Co. File No.: PLN ; GPA ; RZN The Owner possesses real property (hereinafter, the Property ) located within the County of Nevada, identified by the Assessor s Parcel Number stated above, and more particularly described as follows: The south half of the southwest quarter (S ½ of SW ¼) of Section 12, Township 17 north Range 15 east, M.D.M. Excepting therefrom all that portion of the above described property, as conveyed by the deed dated, May 25, 1960, recorded July 25, 1960 in Book 283 of Official Records at Page 286, executed by Theresa Cartwright, also known as Theresa Leona Patten Cartwright, to the State of California and by the deed dated July 15, 1960, in Book 283 of Official Records at Page 282, executed by Donner Lake Development Co. to the State of California. Together with an easement for road purposes as described in the easement executed by Darlene Burns recorded September 19, 1966, in Book 408, Page 691, Official Records. Also together with an easement for road purposes as described in the easement grant deed executed by RKB Corporation, recorded March 11, 1999, Instrument No , Official Records. Said parcel was recorded in Document Number , on November 2, 2015, in the Official Records of Nevada County, California, and having Assessor s Parcel Number , hereinafter referred to as the Property. On May 23, 2017, the Nevada County Board of Supervisors established a Timberland Production Zoning ( TPZ ) District for the Property, which, consistent with Section L-II 2.3.C of the Nevada County Land Use and Development Code, shall be restricted for a perpetual minimum of 10 years to the growing and harvesting of timber consistent with the Forest Management Plan prepared for the applicant s Request for Inclusion into the TPZ District, and supporting and compatible uses as allowed under the laws of the State of California and the ordinances of the County of Nevada. Removal of the TPZ District may only occur pursuant to the provisions of the California Timberland Productivity Act of 1982 (Government Code 51100, et seq.) and the Nevada County Land Use and Development Code. 72 Attachment 4

73 John J. McDonagh, Owner Claudia K. McDonagh, Owner STATE OF CALIFORNIA ) ) ss. COUNTY OF NEVADA ) On, before me,, a Notary Public in and for said County and State, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires CONTINUED ON NEXT PAGE 73 Attachment 4

74 Julie Patterson Hunter, Clerk of the Board Nevada County Board of Supervisors STATE OF CALIFORNIA ) ) ss. COUNTY OF NEVADA ) On, before me,, a Notary Public in and for said County and State, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires 74 Attachment 4

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76 NEVADA COUNTY PLANNING COMMISSION NEVADA COUNTY, CALIFORNIA PARTIAL MINUTES of the meeting of April 27, 2017, 1:30 PM, Board Chambers, Eric Rood Administration Center, 950 Maidu Avenue, Nevada City, California PUBLIC HEARING: PLN ; GPA ; RZN Public hearing to consider a recommendation to the Board of Supervisors for the McDonagh Timber Preserve GPA/Rezone project to: 1) Approve a Resolution to amend the General Plan Land Use Designation Amendment (GPA ) to change the land use designation of APN from Rural-10 acre min. (RUR-10) to Forest-40 acre min. (FOR-40); and 2) Approve a corresponding Zoning District Map Amendment (RZN ) to change the existing zoning from General Agricultural-10 acre min.-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre min. (TPZ-40). LOCATION: There is no assigned address for the vacant acre property located on the north side of Interstate 80. Parcels ingress and egress is via a private access road to the west side of the parcel via Billy Mack Road via Donner Lake Road. APN: RECOMMENDED ENVIRONMENTAL DETERMINATION: Exempt per CEQA Section PLANNER: Patrick Dobbs, Senior Planner Planner Patrick Dobbs introduced himself and the project. He discussed the location, current designations and current use of the McDonagh property. The applicant wants a general plan land use designation amendment and rezone in order to make the property s designations compatible and consistent with the area and its uses. The majority of the property is forested and the current build-up of dead vegetation could support a catastrophic fire. The applicant s objective is to reduce fire risk and enhance the forest, thus improving the health of wildlife habitat and the watershed. Planner Dobbs explained that TPZ zoning is a long term commitment that includes limitations on development and as well as a tax break. He explained the necessity of a forest management plan in order to be included in the TPZ zone and clarified that this was not a timber harvest plan. The recommendation Planner Dobbs was asking for from the Commission was in regard to land use designation and zoning only. Stakeholders, nearby property owners and the Town of Truckee were notified of the proposal and there were no known objections to project. Planner Dobbs asked the Planning Commission to take three actions: find the project statutorily exempt pursuant to CEQA guidelines, recommend the Board of Supervisors adopt the general plan land use resolution, and recommend the Board of Supervisors adopt the rezone ordinance. Commissioner Jensen asked if the Town of Truckee had any comment. Planner Dobbs said they had no objections. Chair Aguilar asked how Planner Dobbs came up with the number 40. Planner Dobbs explained 40 acres is the minimum aggregate parcel size. A FOR-40 designation and TPZ-40 zoning would allow the 70-acre property to be conforming and consistent with surrounding properties. Chair Aguilar asked if the applicant had anything to add Draft PC Meeting Minutes 1 76 Attachment 6

77 John McDonagh said his intention was to preserve his property in a better state and to reduce fire risk. He looked forward to the Commission s recommendations. Chair Aguilar opened the public hearing at 1:43 p.m. and, as there were no comments, closed the public hearing at 1:43 p.m. and brought the discussion back to staff. Commissioner Duncan said the report was clear. Motion by Commissioner Jensen to recommend that the Board of Supervisors find that the adoption of timberland preserve zones is statutorily exempt from the requirement to prepare an EIR or Negative Declaration pursuant to Section of the State CEQA Guidelines; second by Commissioner James. Motion carried on a voice vote 5/0. Motion by Commissioner Jensen to recommend that the Board of Supervisors adopt the Resolution for the General Plan Land Use amendment to change the Land Use Designation of APN from Rural-10 acre minimum (RUR-10) to Forest-40 acre minimum (FOR-40); second by Commissioner James. Motion carried on a voice vote 5/0. Motion by Commissioner Jensen to recommend that the Board of Supervisors adopt the Ordinance amending Zoning District Map (ZDM) #129 to rezone APN from General Agriculture-10 acre minimum-planned Development Combining District (AG-10-PD) to Timberland Production Zone-40 acre minimum (TPZ-40); second by Commissioner James. Motion carried on a voice vote 5/0. Chair Aguilar said there was no appeal period as these were recommendations Draft PC Meeting Minutes 2 77 Attachment 6

78 78 Public Notice