Planning Commission recommends rezoning 60-acre parcel to Timberland Production Zone

The Nevada County Planning Commission on Tuesday voted unanimously to recommend that the Board of Supervisors rezone a 60-acre parcel (APN 065-090004) near Wilderness Road in Nevada City from Forest (FR 160) to Timberland Production Zone (TPZ 160).

The recommendation also included a vote that the rezoning is statutorily exempt from preparing an environmental impact report or negative declaration under Section 15264 of the California Environmental Quality Act Guidelines. The commission’s action sends both recommendations to the Board of Supervisors for final decision.

Alina Church, assistant planner, presented the item, saying, “This is the Hodgkin Forest Timberland production zone rezone, project near Wilderness Road in Nevada City in front of the Planning Commission for review today. This application is to amend zoning district map 87, to rezone 1 parcel of 60 acres from forest to Timberland production zoning.” She said the request is a legislative action and does not include any development at this time.

Church described the parcel’s existing conditions and regulatory fit: the property is largely undeveloped except for a small uninhabitable cabin, has access via Wilderness Road, contains a 30-inch culvert at a road crossing above a tributary to Greenhorn Creek, and has a Sierra mixed conifer overstory. She said the applicant’s forest management plan (FMP), prepared by a registered professional forester, demonstrates the parcel meets the inclusion standards for TPZ under Public Resources Code section 4561 and related State Board of Forestry rules.

Staff told the commission the parcel’s timber site class is 2–3 and that the FMP demonstrates the parcel exceeds the stated minimum average point of 150 per acre. The county assessor’s office provided current assessed value and tax estimates: as Forest 160 the parcel’s assessed value is $200,000 with annual taxes of $2,653.96; under TPZ reassessment staff estimated assessed value would be $47,192 with projected annual taxes of $1,059 — a reduction of $1,594.69 per year, based on a site 2 inventory productivity classification and the assessor’s cited per-acre value.

Two members of the public spoke in support during public comment. Doug Kersey, who identified himself as a long-time county resident, urged approval, calling the application “an example of somebody just trying to do something with their property that’s reasonable, cut some trees down, make some money, creating lumber, create a job or 2.” Leilani Vivang of Penn Valley said she owns 40 acres and supported allowing the rezoning, saying fuel reduction on private land helps reduce wildfire risk: “I think it’s important that people learn to see that many of our fire problems are result of too much, fuel that's left.”

Commissioners asked staff several clarifying questions before voting. Commissioners sought confirmation that timber harvests would be reported through Cal Fire via a Timber Harvest Plan and that the county implements TPZ at the local level. Staff confirmed legal access to the parcel is shown in the grant deed and noted staff would correct minor typos in the ordinance language before forwarding the item to the Board.

The commission first voted to recommend the Board find the rezoning statutorily exempt from CEQA Guideline Section 15264, and then voted to recommend adoption of an ordinance to amend Zoning District Map No. 87 to rezone APN 065-090004 from Forest 160 to Timberland Production Zone 160. Both motions passed unanimously with affirmative votes recorded from Commissioner Garst, Commissioner McAteer and Chair Millman.

The ordinance and associated findings will go to the Board of Supervisors for final action; staff noted standard conditions of approval would apply and that any future development on the parcel could require verification of road standards and other management-plan items.