Chapter 20.464 — MOBILE HOMES AND MOBILE HOME PARKS

The purpose and objective of this Chapter is to recognize mobile homes as a means of adding an alternative to the County's supply of housing and to set reasonable standards for the development and placement of individual mobile homes and of well-designed mobile home parks. Mobile home parks whose density per mobile home space exceeds six thousand (6,000) square feet will be subject to all appropriate regulations of this Chapter and Section 20.444.030 for density bonus standards.

(Ord. No. 3785 (part), adopted 1991)

Development may be approved in stages so long as each stage meets the standards of this Chapter.

If the development is to be accomplished in stages, the development shall coordinate improvements of open space, and construction of buildings in order that each development phase achieves a proportionate share of the total open space and structural facilities requirement.

(A)

No mobile home park shall be established unless first approved by the granting of a Coastal Development Use Permit (Chapter 20.532) requiring compliance with the following standards:

(1)

The site shall have a minimum area of five (5) acres.

(2)

Each mobile home space shall be a minimum of fifty (50) feet wide and a minimum of eighty (80) feet deep. The allowance for four thousand (4,000) square feet lot within mobile home parks shall constitute an automatic density bonus as specified in Section 20.444.030 and no additional density bonus shall be awarded.

(3)

A minimum of two (2) parking spaces shall be provided for each mobile home space. A minimum of one (1) parking space shall be provided immediately adjacent to the mobile home. Visitor parking may be developed in conjunction with a common area or community facility or dispersed in small clusters throughout the circulation pattern if screened properly from resident mobile home spaces.

(4)

All utilities shall be placed underground.

(5)

Each mobile home space shall contain a utility island containing the sewer, water, and utility connections. Said island, together with a typical mobile home pad, shall be depicted in an enlarged plot plan.

(6)

There shall be adequate areas within the mobile home park for refuse storage. Such refuse storage areas shall be screened by a six (6) foot solid fence, or by optional screening as approved by the Director.

(7)

All boats, campers, travel trailers, park maintenance vehicles and equipment, and similar large items shall be stored in an area set aside for such purposes on the approved plans. The minimum gross area shall be one hundred (100) square feet per mobile home lot.

(8)

For each mobile home lot, there shall be provided a minimum of two hundred (200) square feet of usable common recreation area.

(9)

A landscaping plan showing the treatment of open areas and recreation areas shall be submitted as a part of the use permit application.

(10)

Adequate screening or fencing of acceptable design shall be provided around the entire park.

(11)

When a mobile home park abuts a public street a planted strip having an average width of ten (10) feet shall be provided adjacent to said street. All landscaped areas shall be continually maintained.

(12)

Sections of mobile home parks devoted to families and those areas devoted to adults shall be clearly identified. Adequate recreational areas and facilities shall be provided to suit the needs of each said group, and a bus stop may be required.

(13)

In addition to the usable common area, a community recreation center with a floor area of twenty (20) square feet per mobile home may be applied to mobile home parks having twenty (20) mobile homes or more. Space devoted to administrative office, laundry, or non-recreational uses may be developed in conjunction with a community center.

(14)

Internal collector streets shall have a minimum width of at least twenty-five (25) feet, curb to curb, with no parking allowed. Other internal streets with one (1) side devoted to parallel parking shall be a minimum of thirty-two (32) feet wide and forty (40) feet wide if parking is designed for both sides.

(15)

All roadways within a mobile home park shall be paved. Pavement design shall be based on an engineering analysis of the anticipated traffic loads and the quality of the subgrade soil to support traffic loads. Pavement shall consist of a minimum of two (2) inches of asphalt concrete over a minimum of four (4) inches of aggregate base placed on a suitably prepared subgrade. All roadways shall have concrete gutters on both sides. Street naming shall be consistent with county policy.

(16)

A secondary emergency exit shall be provided and properly signed.

(17)

A network of lighted pedestrian walkways adequate for wheelchair use shall be provided leading to common recreational areas, service facilities, and circulation among the residential areas whenever possible.

(18)

In addition to the regulations specified herein, all mobile home parks shall comply with the Uniform Building Code Title 25, Chapter 5. (B) The following plans and reports shall be submitted with the use permit application:

(1)

A lighting plan for all streets, walkways, and recreational and service areas;

(2)

Plans showing the location, size, and height of all proposed signs;

(3)

A storm drain system shall be provided to accommodate run-off, both tributary to and originating within the mobile home park, and to transfer said run-off to a satisfactory point of disposal. Unless a waiver is granted by the Planning Commission or Board of Supervisors at the time the use permit is granted, the storm drain system shall be constructed in accordance with improvement plans prepared by a Civil Engineer and approved by the building official;

(4)

A water and sewer feasibility report prepared by the applicant and accepted by the County Division of Environmental Health and a fire protection system approved by the appropriate agency;

(5)

Detailed building elevations for all proposed buildings;

(6)

The location of all sewer systems, water storage tanks, and similar facilities shall be depicted on a plot plan.

(Ord. No. 3785 (part), adopted 1991)

The following regulations shall apply to the placement of a mobile home on a lot not within a mobile home park.

(A)

In the RR, SR, and C Districts, mobile homes shall conform to the following regulations:

(1)

Be certified under the National Mobile Home Construction and Safety Standards Act of 1974;

(2)

Has not been altered in violation of applicable codes;

(3)

Be occupied only as a Coastal Residential Use Type in compliance with all applicable regulations;

(4)

Be subject to all provisions of this chapter applicable to residential structures;

(5)

Have a minimum gross floor area of seven hundred twenty (720) square feet;

(6)

Have roof and siding of non-reflective material, except that crushed rock of any kind may be used for roof surfacing. The exterior cover material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Where conflict exists between Section 20.464.015(A)(6) and the Uniform Building Code relative to ventilation or earth to wood contact, the Uniform Building Code shall prevail.

(B)

In the RMP, AG, R4 FL and TP Districts, mobile homes shall conform to the following regulations:

(1)

Has not been altered in violation of applicable codes;

(2)

Be occupied only as a Coastal Residential Use Type in compliance with all applicable regulations;

(3)

Be subject to all provisions of this Chapter applicable to residential structures;

(4)

Exterior cover material (siding) shall extend to the ground except that when a solid concrete or masonry perimeter foundation is used, the exterior cover material need not extend below the top of the foundation. Where conflict exists between Section 20.464.015(B)(4) and the Uniform Building Code relative to ventilation or earth to wood contact, the Uniform Building Code shall prevail.

(C)

Exemptions. Trailer coaches permitted for:

(1)

Temporary family care units,

(2)

Occupancy while constructing a dwelling, or

(3)

Farm employee housing, shall not be subject to the standards contained within this Chapter.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.468 - RECREATIONAL VEHICLE PARKS AND CAMPGROUNDS

The purpose and objective of this Chapter is to recognize the value of and establish reasonable standards for the development of recreational vehicle parks and the development of incidental camping areas and campgrounds, for the benefit of the general public utilizing such parks and facilities. Recreational vehicle parks, camping areas, and campgrounds are denoted by a *3 or *3C on the land use plan maps of the Coastal Element.

(Ord. No. 3785 (part), adopted 1991)

The maximum density shall be determined by the Planning Commission through the use permit process for each such park and/or campground in accordance with the standards of this Chapter and conformance

with all other regulations of this Division, provided that density shall not exceed ten (10) units per acre. Development may be approved in stages so long as each stage meets the standards of this Chapter; provided, however, that a comprehensive development site plan will be required if a phased development is proposed. The minimum number of lots at the initial increment of development shall be ten (10) lots. The development plan shall be prepared prior to, and submitted with, the application for a coastal permit. The plan shall address the long range development and operation of the facilities including physical expansion and new construction, environmental considerations and potential mitigation of adverse impacts. Recreational vehicle parks and campgrounds may be permitted in conjunction with mobile home parks as long as the recreational vehicle and campground development area does not exceed twenty-five (25) percent of the total units.

If the development is to be accomplished in stages, the development shall coordinate improvements of open space, and construction of buildings in order that the development phase achieves a proportionate share of the total open space and structural facilities requirement.

Campgrounds designed to serve only backpackers, bicyclists, and others not utilizing motorized vehicles shall not be required to comply with the requirements of this section that apply only to motor vehicle use.

(A)

No such park or camping area may be established unless first approved by the granting of a Coastal Development Use Permit (Chapter 20.532) requiring compliance with the following standards:

(1)

The minimum space or campsite shall be twenty (20) feet in width and forty (40) feet in length. The drivethrough spaces shall be fifteen (15) feet in width and sixty (60) feet in length.

(2)

Each parking space in a recreational vehicle park, shall be improved with gravel or better covering as approved by the Director, in order to maintain a dust and mud-free condition.

(3)

A minimum of two (2) parking spaces shall be provided for each recreational vehicle and/or camping space.

(4)

Adequate numbers and locations of restrooms and shower facilities shall be provided with appropriate parking areas adjacent thereto.

(5)

Usable open space for common areas shall be planned and provided for at convenient locations to provide at least two hundred (200) square feet per recreational vehicle and campground space. Such open space may include play yards, pools, and recreation buildings but shall not be deemed to include public facilities and open areas not accessible to the tenants.

(6)

Refuse storage areas shall be provided in key locations throughout the park or campground with provisions for screening and refuse separation for recycling containers and collection.

(7)

Adequate screening or fencing of acceptable design shall be provided around the entire park.

(8)

There shall be a minimum of a ten (10) foot setback between the recreational vehicle space or designated camping area and the perimeter boundaries of the park.

(9)

Minimum street width shall be determined by the use permit.

(10)

The street system shall be maintained in a well-graded, dust-free condition at all times.

(11)

AD utilities shall be placed underground.

(12)

A secondary emergency exit shall be provided and properly signed.

(B)

The following plans and reports shall be submitted with the use permit application:

(1)

A storm drain system to accommodate run-off, both tributary to and originating within the recreational vehicle park or campground, and to transfer said run-off to a satisfactory point of disposal. Unless a waiver is granted by the Planning Commission or Board of Supervisors at the time the use permit is granted, the storm drain system shall be constructed in accordance with improvement plans prepared by a Civil Engineer and approved by the appropriate building official.

(2)

The method of fire protection shall be approved by the appropriate fire agency.

(3)

An enlarged plot plan showing a typical site and a typical recreational vehicle space, including all facilities available and accurately dimensioned.

(4)

All parking spaces and aisles drawn and accurately dimensioned, with flow of traffic noted thereon.

(5)

Plans showing the location, size and height of all proposed signs.

(6)

The location and types of all water supply sources, sewage systems, storage tanks, and similar facilities shall be depicted on the plot plan.

(7)

If applicable, a location for a dump station for self-contained trailers and campers.

(8)

Detailed building elevations of all proposed buildings.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.468.015 - Limitations on Occupancy.

No persons or group of persons other than the owner or operator thereof shall permanently occupy any of the spaces in a recreational vehicle park, campground, or camping site for family or group residential use. Length of temporary occupancy of all campground, camping site or recreational vehicle spaces shall be regulated as follows:

(A)

Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a recreational vehicle park for a period exceeding six (6) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed six (6) months in any twelve (12) month period.

(B)

Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a recreational vehicle park for a period exceeding thirty (30) days in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period.

(C)

Exemptions. Longer term occupancy, not to exceed twelve (12) months, may be granted to forty-nine (49) percent of the allowed occupancy.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.472 - OFF-STREET PARKING

The purpose of this Chapter is to require off-street parking spaces for all land uses in sufficient numbers to accommodate vehicles which will be congregated at a given location to minimize on-street parking, increase traffic and pedestrian safety and promote the general welfare.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.472.010 - General.

(A)

Accessible off-street parking areas shall be provided and maintained as set forth in this Chapter to provide minimum parking and maneuvering room for motor vehicles and for pedestrian safety based on the anticipated occupancy of a given building, structure or area of land or water. Where there is a combination of principal uses in any one facility, the sum of the parking requirements of these uses shall be provided

unless otherwise indicated. If the calculation of parking needs results in the requirement for a fraction of a parking space, such a parking space need not be provided unless the fraction equals or exceeds fifty (50) percent This Division shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimums required.

(B)

At the time of initial occupancy of a site or of construction of a structure or of a major alteration or enlargement of site or structure, there shall be provided off-street parking facilities for automobiles in accordance with the regulations prescribed in this Chapter. For the purposes of this Chapter the term "major alteration or enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required by more than ten (10) percent of the total number required.

(C)

In any SR, RV, Or RR Residential District, no motor vehicle over three-quarter (¾) ton, boat, or recreational vehicle shall be stored or parked in any front yard setback nor any side or rear yard setback facing a street for a continuous period exceeding seventy-two (72) hours.

(D)

For any use not specified in the following sections, the same number of parking spaces shall be provided as required for the most similar specified use, as determined by the Coastal Permit Administrator.

(E)

Where there is a question of primary use of any given site the use requiring the most parking spaces shall be used.

(F)

The required parking spaces shall be on-site except that a variance may be granted pursuant to Chapter 20.540 from the parking requirements of this Division in order that some or all of the required parking spaces be located off-site, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if all of the following conditions are met:

(1)

The variance will be an incentive to, and a benefit for, the non-residential development.

(2)

The variance will facilitate access to the non-residential development by patrons of public transit facilities, particularly guideway facilities.

(3)

The variance shall not impact existing or proposed traffic patterns or parking conditions on residential or other adjacent property use types.

(G)

Where an unnecessary hardship results and is inconsistent with the general purpose of this section due to the strict application of certain provisions herein, a variance may be granted by the Coastal Permit Administrator consistent with the provisions of Chapter 20.540.

(H)

One of the required parking spaces for any parcel may be located in the front or side yard setback area.

(I)

Parking areas shall, at a minimum, be surfaced with gravel; however, the approving authority may require a hard surface such as road oil mix, or other surfacing of a more durable type such as a bituminous plant mix, asphaltic concrete or concrete as a condition of the Coastal Development Permit.

(J)

All required parking spaces shall be at least nine (9) by twenty (20) feet, unless otherwise provided for under this section.

(K)

Provision shall be made for handicapped parking for all commercial uses. Such parking spaces shall be at least fourteen (14) by twenty (20) feet with appropriate identification signs. The required number of handicapped parking spaces is set forth as follows:

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.472.015 - Residential.

(A)

Single-family detached dwelling or mobile home: two (2) parking spaces.

(B)

Duplex: two (2) parking spaces for each unit.

(C)

Multiple-family/apartment/condominiums: one (1) parking space up to one (1) bedroom, one and one-half (1.5) parking spaces for two (2) bedrooms, two (2) parking spaces per unit for three (3) or more bedrooms.

(D)

Mobile home parks: two (2) parking spaces for each mobile home space.

(E)

ADU: one (1) parking space per unit. See Chapter 20.458 (Accessory Dwelling Units).

(F)

JADU: no parking required. See Chapter 20.458 (Accessory Dwelling Units).

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 19, 11-9-2021)

Sec. 20.472.020 - Retail, Commercial and Service Uses.

(A)

Auto service stations: three (3) parking spaces for each service bay plus one (1) parking space for every employee working the largest shift.

(B)

Auto washes, automatic one (1) lane: ten (10) car stacking spaces plus one (1) parking space for each employee. Self-service: three (3) parking spaces for each washing bay.

(C)

Barber shops and beauty parlors: one (1) space for each barber chair or beautician station plus one (1) space for every employee working on the largest shift.

(D)

Coin-operated laundromats or dry-cleaning: one (1) space for each three (3) machines.

(E)

Drive-in, drive-through restaurants: one (1) parking space for each one hundred (100) square feet of gross floor area with stacking capacity for five (5) vehicles (minimum ten (10) spaces).

(F)

Furniture and appliance stores: one (1) parking space for every five hundred (500) square feet of gross floor area.

(G)

Health clubs, gyms, similar uses: one (1) parking space for each two hundred (200) square feet of gross floor area.

(H)

Hotels, motels, bed and breakfast accommodations, inns, boarding houses, private clubs with sleeping facilities and hostels: one (1) parking space for each room or in the case of a dormitory situation, one (1) parking space for each bed, plus two (2) parking spaces for the owner or manager.

(I)

Motor vehicle sales: one (1) parking space for each five hundred (500) square feet of floor area plus one (1) parking space for each two thousand (2,000) square feet of outdoor area.

(J)

Nurseries: one (1) parking space for each one thousand (1,000) square feet of outside area plus one (1) parking space for each three hundred (300) square feet of gross indoor sales area. (Greenhouses will be considered outside area).

(K)

Restaurants, bars, including those with dancing: one (1) parking space for every three (3) persons based on capacity of fixed or movable seating area as determined by the Uniform Building Code.

(L)

Retail stores, offices, commercial banks, savings and loans, food stores, drug stores and other similar uses not specifically mentioned in this section: one (1) parking space for each three hundred (300) square feet of gross floor area. Any of the above uses having drive-through or drive-up facilities shall have a stacking area for five (5) vehicles.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.472.025 - Health Uses.

(A)

Family care institutions: one (1) parking space for each five hundred (500) square feet of gross floor area (if the Family Care Institution is in a residential home, the above requirements are in addition to residential requirements).

(B)

Hospitals: two (2) parking spaces per each permanent bed plus one (1) parking space for each five hundred (500) square feet gross floor area.

(C)

Medical or Dental offices: three (3) parking spaces for each doctor or dentist or similar health professional plus one (1) parking space for each three hundred (300) square feet of gross floor area.

(D)

Veterinary hospitals and clinics: one (1) parking space for each three hundred (300) square feet of gross floor area.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.472.030 - Places of Public Assembly, Educational, Religious, or Recreational.

(A)

Bowling alleys: four (4) parking spaces for each lane.

(B)

Churches, synagogues, temples, and other places of worship: one (1) parking space for every three (3) persons based on Uniform Building Code capacity.

(C)

Day care centers, nurseries, preschools: one parking space for every employee working on the largest shift plus one (1) space for every ten (10) persons.

(D)

Exhibition halls, assembly halls, dance halls: one (1) parking space for each one hundred (100) square feet gross floor area.

(E)

Funeral homes, and mortuaries: one (1) parking space for each four (4) seats in each chapel or parlor room, plus one (1) parking space for every employee working on the largest shift and vehicle kept on premises.

(F)

Game rooms, arcades: one (1) parking space for each four (4) game machines.

(G)

Golf courses, regulation: four (4) parking spaces per hole. Miniature, pitch and putt: two (2) parking spaces per hole. Driving ranges: one (1) parking space per tee.

(H)

Libraries, museums, art galleries: one (1) parking space for each three hundred (300) square feet of gross floor area.

(I)

Recreation buildings and community centers: one (1) parking space for each employee plus parking spaces equal in number to ten (10) percent of capacity in persons based on the Uniform Building Code.

(J)

Recreational vehicle parks or campgrounds: two (2) parking spaces for each recreational vehicle or camping space; one (1) parking space on-site per recreational vehicle space or camping site plus one (1) additional parking space per recreational vehicle space or camping site for visitor parking, boat storage and other uses.

(K)

Schools, elementary and junior high (public or private): one (1) parking space for every employee working on the largest shift plus one (1) parking space for every five (5) students.

(L)

Schools, high, institutions of higher learning, trade schools, business schools, professional schools: one (1) parking space for every employee working on the largest shift plus one (1) parking space for each two (2) students.

(M)

Swimming pools, commercial: one (1) parking space for each one hundred (100) square feet of pool area.

(N)

Tennis courts, commercial, commercial racquetball courts, and commercial handball courts: two (2) parking spaces per court.

(O)

Theaters, movie houses, and similar places with fixed seating: one (1) parking space for every three (3) seats.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.472.035 - Manufacturing and Industrial.

(A)

Auto salvage yards, junk yards, salvage yards: one (1) parking space for every employee working the largest shift plus six (6) parking spaces separated from enclosed storage area.

(B)

Contractors and general storage yards: one (1) parking space per each two thousand five hundred (2,500) square feet of site area.

(C)

Feed yards, fuel yards, material yards: one (1) parking space per each one thousand five hundred (1,500) square feet of site area.

(D)

Public utility facilities, communication facilities, public/private: one (1) parking space for every employee working on the largest shift plus five (5) visitor parking spaces plus one (1) parking place for each vehicle operated from or on the site.

(E)

Recycling Centers: one (1) parking space for each employee working the largest shift plus one (1) parking space for each three thousand (3,000) square feet of site area plus one (1) parking space for each vehicle operated from or on the site.

(F)

Manufacturing, industrial use f all types: one (1) parking space for every employee working on the largest shift, plus ten (10) customer or visitor parking spaces plus parking for each of the vehicles operated from or on the site.

(G)

Warehouses, storage only: one (1) parking space per each two thousand five hundred (2,500) square feet of gross floor area, plus one (1) parking space for every employee working on the largest shift plus one (1) parking space for each vehicle operated from or on site.

(H)

Wholesale/retail warehouses: one (1) parking space per five hundred (500) square feet of gross floor area.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.476 - SIGN REGULATIONS

The purpose of this Chapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed signs of all types. It is intended to protect property values, create a more attractive, economic and business climate, enhance the aesthetic appearance of the physical community, preserve the scenic and natural beauty of the coastal area, and protect the aesthetic qualities which contribute to the coastal character. It is further intended hereby to reduce signs or advertising distractions and obstructions that may contribute to traffic accidents or visual pollution.

(Ord. No. 3785 (part), adopted 1991)

Off-site signs are prohibited, except in the C and I Zoning Districts where they are subject to the regulations in Section 20.476.015 and Section 20.536.005.

(Ord. No. 3785 part), adopted 1991)

Sec. 20.476.015 - Off-Site Signs—Standards.

The following standards shall apply to off-site signs:

(A)

Permitted Locations. Off-site signs may be placed on any property zoned C and I except as prohibited below:

(1)

Within three hundred (300) feet of any residential zone having frontage on the same street or highway;

(2)

Upon or over the right-of-way of any county, state, or federal road or highway;

(3)

Within a designated highly scenic area.

(B)

Directional Sign—Permitted Location. Off-site directional signs may be placed on any property, other than that which is zoned "Open Space," provided the sign is directional, does not exceed two (2) square feet on any one side and complies with the standards of Subsections (F) and (G) of this section.

(C)

Setbacks. All off-site signs shall conform to setback requirements of the zone in which it is located.

(D)

Area. Off-site signs may be single-faced or double-faced. In no case shall a single face or one side exceed twelve (12) square feet.

(E)

Height. No portion of an off-site free-standing sign or its supporting structures shall exceed fifteen (15) feet above the grade of any adjacent public road and said sign shall be subservient to the setting. Signs on buildings shall not exceed the building height.

(F)

Number. Only one (1) off-site sign shall be permitted per lot.

(G)

Construction. Double-faced signs shall be so constructed that the area and perimeter of both faces coincide and are back-to-back in parallel planes at a distance not to exceed three (3) feet apart.

(H)

Time Limit. As specified by conditions of the Coastal Development Administrative Permit.

(I)

Lighting. No off-site signs shall be illuminated.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.020 - Temporary Off-Site Signs.

(A)

Temporary (visible for less than ninety (90) days) signs solely for the purpose of identifying and providing directional information to new residential developments, special events, or festivals may be constructed, placed and maintained in any location upon the granting of a Coastal Development Administrative Permit in accordance with Section 20.536.005. Such temporary signs shall be subject to the following conditions:

(1)

Area. No sign shall exceed a total of thirty-two (32) square feet in area.

(2)

Number. No more than five (5) such signs shall be allowed.

(3)

Height. No sign shall exceed the height limitation for the district in which it is located.

(4)

Time Limit. As specified by conditions of the Coastal Development Administrative Permit but not to exceed ninety (90) days.

(B)

Temporary (visible for less than twenty-two (22) days) signs identifying a special event for a nonprofit organization are exempt from the Coastal Development Permit process as set forth in this Division.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.025 - On-Site Signs - Standard.

The following standards shall apply to all on-site signs:

(A)

On-site signs for bed and breakfast accommodations outside the Commercial or Rural Village Zoning Districts shall be limited to one sign not to exceed two (2) square feet.

(B)

All signs shall, where feasible, be made of wood.

(C)

Where a building contains more than one business using a common entrance, a directory sign shall be required.

(D)

Signs shall not block public views of the ocean.

(E)

Where sign illumination is required, lighting shall be indirect, low key, and restricted to business hours only. The lighting shall not create glare or reflection onto adjacent properties or public streets and no sign shall be internally illuminated.

(F)

No flashing or moving signs or lighting creating the effect of movement shall be permitted.

(G)

Signing for home occupation or cottage industry is limited to one (1) sign not exceeding two (2) square feet of area, non-illuminated and attached flat to the main structure or visible through a window.

(H)

Sign Types.

(1)

Wall Signs. Signs attached or painted onto a building or approved structure. Wall signs shall meet the following standards:

(a)

Not extend more than eighteen (18) inches from the wall thereof,

(b)

Extend no higher than the building roof line;

(c)

Not exceed one (1) square foot of sign area for each foot of street frontage, but in no case to exceed eighty (80) square feet. All sites shall be permitted twenty-five (25) square feet minimum wall signs.

(2)

Free-Standing Signs. A sign detached from the main or accessory buildings, advertising uses on site. Freestanding signs shall meet the following standards:

(a)

Not project into a private or public right-of-way;

(b)

Extend no higher than fifteen (15) feet above the grade of any adjacent public road;

(c)

Not exceed forty (40) square feet on any single sign face;

(d)

The square footage of portable on-premises signs shall count towards the total square footage allowed for free-standing signs.

(3)

Roof Signs. Signs attached to a main building or accessory structure that project above the roof line. Roof signs shall meet the following standards:

(a)

Extend no higher than five (5) feet above the highest point of the roof on which located, or beyond the height limitations for the district in which it is located, whichever is the lesser height.

(b)

Not extend beyond the exterior wall of the structure on which it is located.

(c)

Not exceed forty (40) square feet on any single sign face.

(I)

Setbacks. All on-site signs shall conform to all setback requirements of the zone in which it is located.

(J)

Sign Area—Maximum. Except as permitted in Chapter 20.540 (Variance), Section 20.476.040 and Section 20.476.045 the total square footage of all signs on a lot may not exceed forty (40) square feet, provided however in the absence of both free-standing signs and roof signs the maximum total sign area allowed may be increased to eighty (80) square feet.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.030 - Temporary On-Site Signs.

The following temporary on-site signs are permitted without the necessity of obtaining a Coastal Development Permit:

(A)

One (1) temporary real estate sign, not exceeding sixteen (16) square feet, containing the seller's name, address, phone number, and the zoning district of the site may be displayed on each street frontage of real property that is for sale, rental, or lease. Such signs shall be removed within fifteen (15) days of sale or lease of the property.

(B)

Temporary signs such as paper, cloth, and water soluble paint signs may occupy up to fifteen (15) percent of the area of ground floor windows and shall not be included in computing permitted sign area if they are not placed for a period exceeding fifteen (15) days during any six (6) month period.

(C)

Strings or individual banners, streamers, pennants, and similar devices shall be permitted for business openings. Such devices must be removed fifteen (15) days after the opening or twenty (20) days after their

installation, whichever comes first.

(D)

Political signs pertaining to a scheduled election subject to the following standards:

(1)

The sign cannot be put up more than ninety (90) days prior to the election.

(2)

The sign must be removed within ten (10) days after the election.

(3)

The sign cannot exceed thirty-two (32) square feet on any single sign face.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.035 - General Regulations.

The following shall apply in the construction and maintenance of on-site and off-site signs.

(A)

Special Purpose Signs. The following special purpose signs shall be exempt from these regulations:

(1)

Directional, warning or informational signs required or authorized by law which are erected by federal, state, county, municipal officials or special district officials;

(2)

Official notices issued by a court or public body or office and posted in the performance of a public duty;

(3)

Danger signs, railroad crossing signs and signs of public utility companies indicating danger and aids to service or safety;

(4)

House numbers;

(5)

Flags, emblems and insignia of a nation or political subdivision;

(6)

Commemorative signs or plaques of recognized historical organizations;

(7)

Signs on public transportation vehicles regulated by a political subdivision, including but not limited to buses and taxicabs;

(8)

Signs on licensed vehicles, provided such vehicles are not used or intended for use as portable signs;

(9)

Signs which are not intended to be viewed from public streets and are not legible therefrom nor from adjacent properties, such as signs in interior areas of shopping centers, commercial buildings and structures, ball parks, stadiums, race tracks and similar uses of a recreational or entertainment nature;

(10)

Changing the sign copy of a sign;

(11)

Any maintenance which does not involve changes increasing the size of the sign;

(12)

Signs required by state or federal law;

(13)

Directional Signs. In areas where street identification or house numbering systems do not exist or are inadequate to a degree as to make finding particular residences unduly difficult, signs intended solely to provide directional information to a particular residence are permitted. Not more than three (3) single-faced or double-faced signs having an area not greater than two (2) square feet each face may be permitted pertaining to any one (1) property or residence. Such signs shall be limited to the name of the owner or resident and directional information to the property or residence thereof.

(B)

Special Purpose Signs—Standards. Permits for special purpose signs shall be required only for signs specified in the Uniform Sign Code.

(1)

"No Trespassing," and "No Parking" and similar warning signs which exceed four (4) square feet each.

(2)

Signs on awnings or removable canopies not permanently attached to or built as part of a building, provided that all of the following conditions hold:

(a)

No such sign shall exceed an area of four (4) square feet on any side of such awning or canopy.

(b)

The sign copy shall be limited to name, occupation, street address, telephone number, date of establishment, and other comparable copy of a non-advertising nature, which copy may relate to one (1) or more separate establishments.

(3)

Identification plaques, provided that all of the following conditions hold:

(a)

No more than two (2) such signs having an area of not more than two (2) square feet each may be placed on a building facing or fence.

(b)

The sign copy shall be limited to name, occupation, street address, telephone number, date of establishment, trade organization associations, names of products produced under registered trade names, logos, and other comparable sign copy of a non-advertising nature, which copy may relate to one (1) or more separate establishments.

(4)

Temporary (thirty (30) days or less) window signs constructed of paper, cloth or similar expendable material, provided that all of the following conditions hold:

(a)

The total area of such signs shall not exceed twenty-five (25) percent of the window area.

(b)

Such signs shall be affixed only to the interior window surface for a short period of time to promote a particular sale of produce or merchandise.

(5)

Bulletin boards for charitable or religious organizations, provided that such signs do not exceed an area of twelve (12) square feet per face and are not illuminated.

(6)

One sign, up to eight (8) square feet in area, for each lot identifying the agricultural products produced on the premises permitted by the applicable zone regulations.

(7)

One identification sign, up to eight (8) square feet in area, for each lot or parcel identifying multiple dwellings, clubs and similar uses of premises.

(8)

Free-standing, wall or roof identification signs up to a total of forty (40) square feet in area identifying civic use types, hospitals, and institutions of an educational, philanthropic or charitable nature.

(9)

Temporary On-Site Signs. Signs offering premises for sale or lease and temporary construction site signs provided that all the following conditions hold:

(a)

Not more than two (2) such single-faced or double-faced signs along any one (1) frontage.

(b)

The total area of all faces for any frontage shall not exceed thirty-two (32) square feet, provided however that on a double frontage, each sign may have an area per face not to exceed thirty-two (32) square feet.

(c)

No such sign shall exceed a height of eight (8) feet.

(d)

Temporary construction site signs shall be erected only for the duration of the construction with which associated.

(e)

Such signs are not subject to the setback requirements in the zone in which they are located.

(f)

Temporary signs shall be removed no later than ten (10) days after the end of an event, project completion, sale of structure, lot or residential development.

(10)

Community Identification Signs. Signs solely to identify a community, its civic, fraternal, and religious organizations, and its community slogan or motto, provided:

(a)

Number and Location. Not more than one (1) sign may be located along any principal approach route to a community.

(b)

Area and Height. Each sign may be single-faced or double-faced with no face to exceed an area of twelve (12) square feet. No sign shall exceed a height of fifteen (15) feet above the average elevation of the ground directly below the sign.

(C)

Lighting. Signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible. Signs making use of stroboscopic lights, rotary beacons, chasing or similar types of light to convey the effect of movement shall not be permitted, nor shall flashing, intermittent or variable intensity lighting be permitted. This restriction shall not apply to signs which convey information such as time, temperature, or weather.

(D)

Movement. No sign shall move or revolve, nor display any moving and/or revolving parts. Wind propellers and other noise creating devices shall not be permitted. This restriction shall not apply to signs which convey information such as time, temperature, or weather.

(E)

Exceptions. Regulations for regulated signs may be modified upon approval of an administrative permit.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.040 - Nonconforming Signs.

A nonconforming sign is a sign lawfully erected, established and maintained prior to the effective date of this Chapter but which does not conform to the use regulations and/or standards of height, setback, sign area, or number, etc., for the zone in which it is located or to the regulations of this Chapter.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.045 - Nonconforming Sign—Continuation.

All nonconforming signs shall be allowed to continue provided, however, that if the sign shall be destroyed or deteriorated as a result of vandalism, fire, wind, flood, age or other cause to the extent where repairs exceed fifty (50) percent of the replacement value or fifty (50) percent of the area of the sign, and the sign is not replaced within six (6) months in its original size and appearance, said sign shall be brought into conformance with this Chapter.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.050 - Illegal Signs.

Any sign not legally erected or placed pursuant to the regulations in existence at the time of its erection or placement is an illegal sign and shall be removed.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.476.055 - Variances.

Where, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of these sign requirements deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, a variance may be issued subject to the requirements of Chapter 20.540. Any such variance may be issued from requirements pertaining to height, area, location or number of signs.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.480 - NONCONFORMING USES AND STRUCTURES

To allow for the continued utilization of lawfully existing improvements and uses made nonconforming by the adoption of the Coastal Element of the Mendocino County General Plan and this Division, where the use is compatible with adjacent land uses and where it is not feasible to replace the activity with a conforming land use.

(A)

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this Division but which does not conform with the use regulations for the zone in which it is located.

(B)

A nonconforming structure is a structure which was lawfully erected prior to the effective date of the application of these regulations but which, under this Division, does not conform with the standards of yard spaces, height of structures, distance between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located.

(Ord. No. 3785 (part), adopted 1991)

(A)

A legal nonconforming use or structure may be continued if it conforms to the following criteria:

(1)

If the existing use is contained within a structure built or modified to accommodate the existing use, conformance is required with the applicable building code and/or zoning code in effect at the time of construction or modification.

(2)

The use must be compatible with adjacent land uses, such that its hours of operation, noise levels, aesthetic impacts, and traffic to the site do not now significantly adversely impact adjacent land uses.

(B)

Routine maintenance and repairs may be performed on a nonconforming structure or site.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.015 - Remodeling, Rehabilitation and Reconstruction.

Existing legal nonconforming structures may be remodeled, rehabilitated or reconstructed as long as the exterior dimensions of the building remain the same.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.020 - Restoration of Damaged Structures.

(A)

Whenever a structure containing an existing legal nonconforming use or legal nonconforming structure is destroyed or partially destroyed either voluntarily or involuntarily, the structure may be:

(1)

Rebuilt to its previous dimensions and arrangement and utilized to the same extent prior to its destruction provided restoration is started within one (1) year and diligently pursued to completion, or

(2)

Rebuilt, if the nonconforming structure is destroyed by involuntary means or forces out of control of the owner(s), provided it shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent; shall be sited in the same location on the affected property as the destroyed structure except that no part of the ten (10) percent addition shall encroach further into the setback than the original structure; and further provided restoration is started within one (1) year and diligently pursued to completion, or

(3)

Rebuilt or reconstructed under the State Historic Building Code or the Uniform Building Code if the structure is over one hundred (100) years old, or

(4)

Expanded through the use permit process consistent with Section 20.480.025 and all other applicable policies of the Coastal Element and this Division. See Section 20.532.020 for exemptions.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.025 - Expansion or Reduction of Nonconforming Uses.

(A)

Existing legal nonconforming uses conforming with Section 20.480.010 may be expanded or reduced to a use of lesser intensity through the issuance of a Coastal Development Use Permit provided the following findings are made:

(1)

That it is not reasonably economically or physically feasible to make the use of the property compatible with the applicable general plan designation; and

(2)

That the use is, and, after expansion, will be compatible with adjacent land uses and that any increased adverse impacts on access or public facilities and services will be mitigated; and

(3)

That the site is physically separate from surrounding properties such that continued nonconforming use is appropriate in that location; and

(4)

The expansion is found consistent with all other applicable policies of the Coastal Element of the Mendocino County General Plan.

(B)

A legal nonconforming mobile home may be replaced by a new mobile home without a use permit if no use permit was required for the original installation.

(Ord. No. 3785 (part), adopted 1991)

Nonconforming uses which do not conform to the type of uses designated on the map of the Coastal Element of the Mendocino County General Plan and which do not conform to the criteria listed in Section 20.480.025(A) should be encouraged to be discontinued or relocated to the zoning district where the use would be recognized as a permitted use.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.035 - Previous Use Permits in Effect.

Any use in existence by virtue of a use permit issued pursuant to zoning regulations previously in effect which use under this Division is not permissible may continue in existence but only as regulated by the provisions and terms of the existing use permit.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.040 - Abandonment of Nonconforming Uses.

Whenever a nonconforming use has been abandoned or discontinued for any reason, or changed to a conforming use, for a continuous period of one (1) year, the nonconforming use shall not be re-established, and the use of the structures or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.480.045 - Nuisances.

None of the provisions of this Chapter restrict any authority to require modification or termination of any nonconformity which has been declared a nuisance by the Board of Supervisors.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.484 - NONCONFORMING LOTS

Sec. 20.484.005 - Purpose.

To allow for the development of legally created lots made nonconforming by the adoption of the Coastal Element of the Mendocino County General Plan and this Division.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.484.010 - Procedure for Use.

(A)

When any lot(s) has been legally created and which has not merged and is zoned to a minimum parcel size larger than the existing parcel size, said lot(s) shall be found to be legally nonconforming and shall not be subject to requirements for variance to minimum lot size.

(B)

Where a legally existing nonconforming lot requires variance to setback requirements for front, back and side yards as required under the applicable minimum lot size regulations, a variance may be processed pursuant to Chapter 20.540 of this Division.

(Ord. No. 3785 (part), 1991)

CHAPTER 20.488 - COASTAL DEVELOPMENT GENERAL REVIEW CRITERIA

Sec. 20.488.005 - Purpose and Applicability.

(A)

The purpose of the coastal development special review criteria is to insure that proposed development will protect, maintain and where feasible enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.

(B)

The approving authority shall apply the general review standards of this Chapter to all Coastal Development Permit applications.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.488.010 - General Review Standards.

(A)

Development shall not significantly degrade, or destroy the habitat for, endangered plant and animal species, including native mammals and resident and migratory birds. Diversity, both functionally and numerically, shall be maintained.

(B)

The productivity of wetlands, estuaries, tidal zones and streams shall be protected, preserved, and, where feasible, restored.

(C)

Approved grading activities shall be conducted in a manner that will assure that environmentally sensitive habitat areas will be protected from adverse impacts that can result from mechanical damage and undesirable changes in the water table, subsurface aeration and impacts to the root system of riparian vegetation, the alteration of surface or subsurface drainage, or other environmental conditions.

(D)

Wetland buffer areas (the transition areas between wetland and upland habitats) shall be protected, preserved, and, where feasible, restored.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.492 - GRADING, EROSION AND RUNOFF

The approving authority shall review all permit applications for coastal developments to determine the extent of project related impacts due to grading, erosion and runoff. The approving authority shall determine the extent to which the following standards should apply to specific projects, and the extent to which additional studies and/or mitigation are required, specifically development projects within Development Limitations Combining Districts.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.492.010 - Grading Standards.

(A)

Grading shall not significantly disrupt natural drainage patterns and shall not significantly increase volumes of surface runoff unless adequate measures are taken to provide for the increase in surface runoff.

(B)

Development shall be planned to fit the topography, soils, geology, hydrology, and other conditions existing on the site so that grading is kept to an absolute minimum.

(C)

Essential grading shall complement the natural land forms. At the intersection of a manufactured cut or fill slope and a natural slope, a gradual transition or rounding of contours shall be provided.

(D)

The cut face of earth excavations and fills shall not be steeper than the safe angle of repose for materials encountered. Where consistent with the recommendations of a soils engineer or engineering geologist, a variety of slope ratios shall be applied to any cut or fill slope in excess of two hundred, (200) feet in length or ten (10) feet in height. For individually developed lots, a variety of slope ratios shall be applied to all cut or fill slopes when a building pad area exceeds four thousand five hundred (4,500) square feet, or when the total graded area of the lot exceeds nine thousand (9,000) square feet. The steepest permissible slope ratio shall be two to one (2:1), corresponding to a fifty (50) percent slope.

(E)

The permanently exposed faces of earth cuts and fills shall be stabilized and revegetated, or otherwise protected from erosion.

(F)

Adjoining property shall be protected from excavation and filling operations and potential soil erosion.

(G)

The area of soil to be disturbed at any one time and the duration of its exposure shall be limited. Erosion and sediment control measures shall be installed as soon as possible following the disturbance of the soils. Construction equipment shall be limited to the actual area to be disturbed according to the approved development plans.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.492.015 - Erosion Standards.

(A)

The erosion rate shall not exceed the natural or existing level before development.

(B)

Existing vegetation shall be maintained on the construction site to the maximum extent feasible. Trees shall be protected from damage by proper grading techniques.

(C)

Areas of disturbed soil shall be reseeded and covered with vegetation as soon as possible after disturbance, but no less than one hundred (100) percent coverage in ninety (90) days after seeding; mulches may be used to cover ground areas temporarily. In environmentally sensitive habitat areas, the revegetation shall be achieved with native vegetation. In buffer areas adjacent to environmentally sensitive

habitats, non-native vegetation may be used provided that it is non-invasive and would not adversely affect the environmentally sensitive habitat area.

(D)

Mechanical or vegetative techniques to control erosion may be used where possible or necessary providing that they are fully discussed in the approved development plan.

(E)

To control erosion, development shall not be allowed on slopes over thirty (30) percent unless adequate evidence from a registered civil engineer or recognized authority is given that no increase in erosion will occur.

(F)

Development of sites that will result in road cuts, which pose a hazard and/or which create the potential for uncontrollable problems and adverse impacts from erosion and sedimentation, shall not be allowed. Alternative road routes may be required for projects. Where possible, roads in hilly areas should follow ridgetops to avoid extensive cuts and fills.

(G)

Erosion control devices shall be installed in coordination with clearing, grubbing, and grading of downstream construction; the plan shall describe the location and timing for the installation of such devices and shall describe the parties responsible for repair and maintenance of such devices.

(Ord. No. 3785 (part), adopted 1991.)

Sec. 20.492.020 - Sedimentation Standards.

(A)

Sediment basins (e.g., debris basins, desilting basins, or silt traps) shall be installed in conjunction with initial grading operations and maintained through the development/construction process to remove sediment from runoff wastes that may drain from land undergoing development to environmentally sensitive areas.

(B)

To prevent sedimentation of off-site areas, vegetation shall be maintained to the maximum extent possible on the development site. Where necessarily removed during construction, native vegetation shall be replanted to help control sedimentation.

(C)

Temporary mechanical means of controlling sedimentation, such as hay baling or temporary berms around the site, may be used as part of an overall grading plan, subject to the approval of the Coastal Permit Administrator.

(D)

Design of sedimentation control devices shall be coordinated with runoff control structure to provide the most protection.

(E)

The grading plan when required shall set forth a schedule for the construction and maintenance of any structure to be developed under this section, and shall include a statement designating who shall be responsible for the long-term management of the devices.

(Ord. No. 3785 (part), adopted 1991.)

Sec. 20.492.025 - Runoff Standards.

(A)

Water flows in excess of natural flows resulting from project development shall be mitigated.

(B)

If the Coastal Permit Administrator determines that a project site is too small or engineering, aesthetic and economic factors make combined drainage facilities more practical for construction by the County, the County may require a fee and dedication of land, which the County shall use to construct these facilities. The County may allow several developers to jointly construct facilities to approved County specifications.

(C)

The acceptability of alternative methods of storm water retention shall be based on appropriate engineering studies. Control methods to regulate the rate of storm water discharge that may be acceptable include retention of water on level surfaces, the use of grass areas, underground storage and oversized storm drains with restricted outlets or energy dissipators.

(D)

Retention facilities and drainage structures shall, where possible, use natural topography and natural vegetation. In other situations, planted trees and vegetation such as shrubs and permanent ground cover shall be maintained by the owner.

(E)

Provisions shall be made to infiltrate and/or safely conduct surface water to storm drains or suitable watercourses and to prevent surface runoff from damaging faces of cut and fill slopes.

(F)

Adequate maintenance of common and public retention basins or ponds shall be assured through the use of performance bonds or other financial mechanisms.

(G)

Subsurface drainage devices shall be provided in areas having a high water table and to intercept seepage that would adversely affect slope stability, building foundations, or create undesirable wetness.

(H)

A combination of storage and controlled release of storm water runoff shall be required for all development and construction that drains into wetlands.

(I)

The release rate of storm water from all developments that drains into wetlands shall not exceed the rate of storm water runoff from the area in its natural or undeveloped state for all intensities and durations of rainfall. The carrying capacity of the channel directly downstream must be considered in determining the amount of the release.

(J)

Where coastal development projects within the Gualala Town Plan planning area have the potential to degrade water quality, the approving authority shall require all relevant best management practices to control polluted runoff, as appropriate.

(K)

All development that is within, or drains into, environmentally sensitive habitat, is a commercial or residential subdivision, is a service station or automotive repair facility or that includes commercial development or a parking lot, shall capture and infiltrate or treat, using relevant best management practices, including structural best management practices, all runoff from storms of a magnitude such that the runoff from eighty-five percent (85%) of storms is encaptured or treated.

(Ord. No. 3785 (part), adopted 1991; Ord. 4083 (part), adopted 2002.)

CHAPTER 20.496 - ENVIRONMENTALLY SENSITIVE HABITAT AND OTHER RESOURCE AREAS

This Chapter shall apply to all development proposed in the Coastal Zone unless and until it can be demonstrated to the approving authority that the projects will not degrade an environmentally sensitive habitat or resource area and shall be compatible with the continuance of such areas. While symbols denoting habitat and resource areas appear on the Land Use Maps, field investigations and review of the Department of Fish and Game Data Base may be required prior to a determination of the applicability of this Chapter. Additional information developed or obtained by the County as the result of future field investigation shall be added to the land use maps in future minor amendments or reviews of the Coastal Element of the General Plan of Mendocino County.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.010 - Purpose.

The purpose of this Chapter is to ensure that environmentally sensitive habitat and other designated resource areas listed on Pages 39, 40 and 41 of the Coastal Element dated November 5, 1985, which constitute significant public resources are protected for both the wildlife inhabiting them as well as the enjoyment of present and future populations.

Environmentally Sensitive Habitat Areas (ESHA's) include: anadromous fish streams, sand dunes, rookeries and marine mammal haul-out areas, wetlands, riparian areas, areas of pygmy vegetation which contain species of rare or endangered plants and habitats of rare and endangered plants and animals.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.015 - ESHA—Development Application Procedures.

(A)

Determining Extent of ESHA. The Coastal Permit Administrator shall review, with the assistance of land use maps, all permit applications for coastal developments to determine whether the project has the potential to impact an ESHA. A project has the potential to impact an ESHA if:

(1)

The development is proposed to be located on a parcel or proximate to a parcel identified on the land use plan map with a rare and/or endangered species symbol;

(2)

The development is proposed to be located within an ESHA, according to an on-site investigation, or documented resource information;

(3)

The development is proposed to be located within one hundred (100) feet of an environmentally sensitive habitat and/or has potential to negatively impact the long-term maintenance of the habitat, as determined through the project review.

Development proposals in ESHA's including but not limited to those shown on the coastal land use maps, or which have the potential to impact an ESHA, shall be subject to a biological survey, prepared by a qualified biologist, to determine the extent of the sensitive resource, to document potential negative impacts, and to recommend appropriate mitigation measures. The biological survey shall be submitted for the review and approval of the Coastal Permit Administrator prior to a determination that the project application is complete. The biological survey shall be prepared as described in Section 20.532.060, "Environmentally Sensitive Habitat Area—Supplemental Application Procedures."

(B)

Disagreement as to Extent of ESHA. Where the Coastal Permit Administrator and representatives of the California Department of Fish and Game, the California Coastal Commission, and the applicant are uncertain as to the extent of the sensitive habitat on any parcel, such disagreements shall be investigated

by an on-site inspection by the landowner and/or agents, county staff member and representatives from Fish and Game and the Coastal Commission.

(C)

On-Site Inspection. The on-site inspection shall be coordinated by the Coastal Permit Administrator and shall take place within three (3) weeks, weather and site conditions permitting, of the receipt of a written request for clarification of sensitive resource areas by the landowner or assigned agent.

(D)

Development Approval. Such development shall only be approved if the following occurs:

(1)

All members of the site inspection team agree to the boundaries of the sensitive resource area; and

(2)

Findings are made by the approving authority that the resource will not be significantly degraded by the development as set forth in Section 20.532.100(A)(1).

(E)

Denial of Development. If findings cannot be made pursuant to Section 20.532.100(A)(1), the development shall be denied.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.020 - ESHA—Development Criteria.

(A)

Buffer Areas. A buffer area shall be established adjacent to all environmentally sensitive habitat areas. The purpose of this buffer area shall be to provide for a sufficient area to protect the environmentally sensitive habitat from degradation resulting from future developments and shall be compatible with the continuance of such habitat areas.

(1)

Width. The width of the buffer area shall be a minimum of one hundred (100) feet, unless an applicant can demonstrate, after consultation and agreement with the California Department of Fish and Game, and County Planning staff, that one hundred (100) feet is not necessary to protect the resources of that particular habitat area from possible significant disruption caused by the proposed development. The buffer area shall be measured from the outside edge of the Environmentally Sensitive Habitat Areas and shall not be less than fifty (50) feet in width. New land division shall not be allowed which will create new parcels entirely within a buffer area. Developments permitted within a buffer area shall generally be the same as those uses permitted in the adjacent Environmentally Sensitive Habitat Area.

Standards for determining the appropriate width of the buffer area are as follows:

(a)

Biological Significance of Adjacent Lands. Lands adjacent to a wetland, stream, or riparian habitat area vary in the degree to which they are functionally related to these habitat areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting).

eam, or riparian habitat area vary in the degree to which they are functionally related to these habitat areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting).

Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the wetland, stream, or riparian habitat that is adjacent to the proposed development.

(b)

Sensitivity of Species to Disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with the Department of Fish and Game or others with similar expertise:

(i)

Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species;

(ii)

An assessment of the short-term and long-term adaptability of various species to human disturbance;

(iii)

An assessment of the impact and activity levels of the proposed development on the resource.

(c)

Susceptibility of Parcel to Erosion. The width of the buffer zone shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, and vegetative cover of the parcel and to what degree the development will change the potential for erosion. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development should be provided.

(d)

Use of Natural Topographic Features to Locate Development. Hills and bluffs adjacent to ESHA's shall be used, where feasible, to buffer habitat areas. Where otherwise permitted, development should be located on the sides of hills away from ESHA's. Similarly, bluff faces should not be developed, but shall be included in the buffer zone.

(e)

Use of Existing Cultural Features to Locate Buffer Zones. Cultural features (e.g., roads and dikes) shall be used, where feasible, to buffer habitat areas. Where feasible, development shall be located on the side of roads, dikes, irrigation canals, flood control channels, etc., away from the ESHA.

(f)

Lot Configuration and Location of Existing Development. Where an existing subdivision or other development is largely built-out and the buildings are a uniform distance from a habitat area, at least that same distance shall be required as a buffer zone for any new development permitted. However, if that distance is less than one hundred (100) feet, additional mitigation measures (e.g., planting of native vegetation) shall be provided to ensure additional protection. Where development is proposed in an area that is largely undeveloped, the widest and most protective buffer zone feasible shall be required.

(g)

Type and Scale of Development Proposed. The type and scale of the proposed development will, to a large degree, determine the size of the buffer zone necessary to protect the ESHA. Such evaluations shall be made on a case-by-case basis depending upon the resources involved, the degree to which adjacent lands are already developed, and the type of development already existing in the area.

(2)

Configuration. The buffer area shall be measured from the nearest outside edge of the ESHA (e.g., for a wetland from the landward edge of the wetland; for a stream from the landward edge of riparian vegetation or the top of the bluff).

(3)

Land Division. New subdivisions or boundary line adjustments shall not be allowed which will create or provide for new parcels entirely within a buffer area.

(4)

Permitted Development. Development permitted within the buffer area shall comply at a minimum with the following standards:

(a)

Development shall be compatible with the continuance of the adjacent habitat area by maintaining the functional capacity, their ability to be self-sustaining and maintain natural species diversity.

(b)

Structures will be allowed within the buffer area only if there is no other feasible site available on the parcel.

(c)

Development shall be sited and designed to prevent impacts which would degrade adjacent habitat areas. The determination of the best site shall include consideration of drainage, access, soil type, vegetation, hydrological characteristics, elevation, topography, and distance from natural stream channels. The term

"best site" shall be defined as the site having the least impact on the maintenance of the biological and physical integrity of the buffer strip or critical habitat protection area and on the maintenance of the hydrologic capacity of these areas to pass a one hundred (100) year flood without increased damage to the coastal zone natural environment or human systems.

(d)

Development shall be compatible with the continuance of such habitat areas by maintaining their functional capacity and their ability to be self-sustaining and to maintain natural species diversity.

(e)

Structures will be allowed within the buffer area only if there is no other feasible site available on the parcel. Mitigation measures, such as planting riparian vegetation, shall be required to replace the protective values of the buffer area on the parcel, at a minimum ratio of 1:1, which are lost as a result of development under this solution.

(f)

Development shall minimize the following: impervious surfaces, removal of vegetation, amount of bare soil, noise, dust, artificial light, nutrient runoff, air pollution, and human intrusion into the wetland and minimize alteration of natural landforms.

(g)

Where riparian vegetation is lost due to development, such vegetation shall be replaced at a minimum ratio of one to one (1:1) to restore the protective values of the buffer area.

(h)

Aboveground structures shall allow peak surface water flows from a one hundred (100) year flood to pass with no significant impediment.

(i)

Hydraulic capacity, subsurface flow patterns, biological diversity, and/or biological or hydrological processes, either terrestrial or aquatic, shall be protected.

(j)

Priority for drainage conveyance from a development site shall be through the natural stream environment zones, if any exist, in the development area. In the drainage system design report or development plan, the capacity of natural stream environment zones to convey runoff from the completed development shall be evaluated and integrated with the drainage system wherever possible. No structure shall interrupt the flow of groundwater within a buffer strip. Foundations shall be situated with the long axis of interrupted impermeable vertical surfaces oriented parallel to the groundwater flow direction. Piers may be allowed on a case by case basis.

(k)

If findings are made that the effects of developing an ESHA buffer area may result in significant adverse impacts to the ESHA, mitigation measures will be required as a condition of project approval. Noise barriers, buffer areas in permanent open space, land dedication for erosion control, and wetland restoration, including off-site drainage improvements, may be required as mitigation measures for developments adjacent to environmentally sensitive habitats.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.025 - Wetlands and Estuaries.

(A)

Development or activities within wetland and estuary areas shall be limited to the following:

(1)

Port facility expansion or construction.

(2)

Energy facility expansion or construction.

(3)

Coastal-dependent industrial facilities, such as commercial fishing facilities, expansion or construction.

(4)

Maintenance or restoration of dredged depths or previously dredged depths in navigation channels, turning basins, vessel berthing and mooring areas, and associated boat launching ramps.

(5)

In wetland areas, only entrance channels for new or expanded boating facilities may be constructed, except that, in a degraded wetland, other boating facilities may be permitted under special circumstances.

(6)

New or expanded boating facilities may be permitted in estuaries.

(7)

Incidental public service purposes which temporarily impact the resource including but not limited to burying cables and pipes, or inspection of piers, and maintenance of existing intake and outfall lines.

(8)

Restoration projects which are allowable pursuant to Section 30233(a)(7) of the Coastal Act are publicly or privately financed projects in which restoration is the sole purpose of the project. Restoration projects may include some fill for nonpermitted uses if the wetlands are small, extremely isolated, and incapable of being restored. Small, extremely isolated parcels that are incapable of being restored to biologically productive

systems may be filled and developed for uses not ordinarily allowed only if such actions establish stable and logical boundaries between urban and wetland areas and if the applicant provides funds sufficient to accomplish an approved restoration program in the same general region pursuant to Chapter 20.532. All the following criteria must be satisfied before this exception is granted:

(a)

The wetland to be filled is so small (e.g., less than one (1) acre) and so isolated (i.e., not contiguous or adjacent to a larger wetland) that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.

(b)

The wetland must not provide significant habitat value to wetland fish and wildlife species, and must not be used by any species that are rare or endangered.

(c)

Restoration of another wetland to mitigate for fill can most feasibly be achieved in conjunction with filling a small wetland. The mitigation measure shall be carried out in a manner that would result in no net loss of either wetland acreage or habitat value.

(d)

Restoration of a parcel to mitigate for the fill must occur at a site that is next to a larger, contiguous wetland area providing significant habitat value to fish and wildlife that would benefit from the addition of more area. In addition, such restoration must occur in the same general region (e.g., within the general area surrounding the same stream, lake, or estuary where the fill occurred).

(e)

The Department of Fish and Game and the U.S. Fish and Wildlife Service believe the proposed restoration project can be successfully carried out.

(9)

Mineral extraction, including sand for restoring beaches, except in ESHA's.

(10)

Nature study purposes and salmon restoration projects.

(11)

Aquaculture, or similar resource dependent activities excluding ocean ranching.

(B)

Requirements for Permitted Development in Wetlands and Estuaries.

(1)

Any proposed development that is a permitted development in wetlands and estuaries must meet the following statutory requirements, and supplemental findings pursuant to Section 20.532.100:

(a)

There is no feasible, less environmentally damaging alternative;

(b)

Where there is no feasible, less environmentally damaging alternative, mitigation measures have been provided to minimize adverse environmental effects.

(2)

Dredging. If the development involves dredging, the Coastal Permit Administrator shall request the Department of Fish and Game to review dredging plans for developments in or adjacent to wetlands or estuaries. The Department may recommend measures other than those listed in this Chapter to mitigate disruptions to habitats or to water circulation. Mitigation measures shall include at least the following:

(a)

Dredging shall be limited to the smallest area feasible.

(b)

Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to habitats and to water circulation and shall maintain or enhance the functional capacity of any wetlands.

(c)

Limitations on the timing of the operation, the type of operations, the quantity of dredged material removed, and the location of the spoil site.

(d)

Dredging in breeding and nursery areas and during periods of fish migration and spawning shall incorporate all mitigation measures recommended by the California Department of Fish and Game to assure maximum protection of species and habitats.

(e)

Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches where public access would not be significantly adversely affected or into suitable long-shore current systems. Dredge spoils shall not be deposited in riparian areas or wetlands.

(f)

Other mitigation measures may include opening up areas to tidal action, removing dikes, improving tidal flushing, or other restoration measures.

(g)

Designs for dredging and excavation projects shall incorporate all mitigation measures recommended by the Regional Water Control Board and regulated to prevent unnecessary discharge of refuse, petroleum spills and disposal of silt materials.

(3)

Diking or Filling. If a development involves diking or filling of a wetland, required minimum mitigation measures shall include the following:

(a)

If an appropriate restoration site is available, the applicant shall acquire and restore an equivalent area of equal or greater biological productivity and dedicate the land to a public agency or otherwise permanently restrict its use for open space purposes. The site shall be purchased before the dike or fill development may occur and, at a minimum, restoration must occur simultaneously with project construction, or

(b)

The applicant may, in some cases, be permitted to open equivalent areas to tidal action. This method of mitigation would be appropriate if the applicant already owned filled, diked areas which themselves were not environmentally sensitive but would become so, if such areas were opened to tidal action or provided with other sources of surface water.

(c)

If no appropriate restoration sites under options (a) or (b) are available because the applicant is unable to find a willing seller, the applicant shall pay an in-lieu fee of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value or equivalent surface area. Such replacement site shall be purchased before the dike or fill development permit is issued.

oration sites under options (a) or (b) are available because the applicant is unable to find a willing seller, the applicant shall pay an in-lieu fee of sufficient value to an appropriate public agency for the purchase and restoration of an area of equivalent productive value or equivalent surface area. Such replacement site shall be purchased before the dike or fill development permit is issued.

This option shall be allowed only if the applicant is unable to find a willing seller of a potential restoration site. The in lieu fee shall reflect the additional costs of acquisition, including litigation, as well as the cost of restoration. If the public agency's restoration project is not already approved, the public agency may need to be a co-applicant for a Coastal Development Permit to provide adequate assurance that conditions can be imposed to ensure purchase and restoration of the mitigation site prior to issuance of the permit.

(d)

Such mitigation measures shall not be required for temporary or short term fill or diking; provided that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time and that such activities will not cause permanent damage to wetland or estuarine ecosystems.

(4)

Diking, filling, or dredging of a wetland or estuary shall maintain or enhance the functional capacity of the wetland or estuary. Functional capacity means the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. In order to establish that the functional capacity is being maintained, the applicant shall demonstrate all of the following:

(a)

That the development will not alter present plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystem; i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project;

(b)

That the development will not harm or destroy a species or habitat that is rare or endangered;

(c)

That the development will not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary;

(d)

That the development will not significantly reduce consumptive (e.g., fishing, aquaculture, and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.030 - Open Coastal Waters, Lakes, Stream, Rivers.

(A)

Development permitted in open coastal waters and lakes shall be limited to the following:

(1)

All development permitted in wetlands and estuaries (Section 20.496.025).

(2)

New or expanded boating facilities and the placement of structural pilings for public recreation piers that provide public access and recreational opportunities.

(3)

Sand or gravel extraction in portions of open coastal waters that are not ESHA's.

(B)

Requirements for Permitted Developments in Open Coastal Waters and Lakes.

(1)

Diking, filling, or dredging of open coastal waters or lakes shall be permitted only if there is no feasible, less environmentally damaging alternative.

(2)

If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects.

(C)

Development permitted in streams and rivers shall be limited to the following:

(1)

Necessary water supply projects.

(2)

Flood control projects.

(3)

Developments which have as the primary function the maintenance or improvement of fish and wildlife habitat.

(4)

New or expanded boating facilities.

(5)

Sand and gravel extraction.

(D)

Requirements for Permitted Development in Streams and Rivers.

(1)

All channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible to minimize adverse environmental effects.

(2)

Flood control projects shall be subject to both of the following conditions:

(a)

The project must be necessary for public safety or to protect the existing development.

(b)

There must be no other feasible method for protecting existing structures in the floodplain.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.035 - Riparian Corridors and Other Riparian Resource Areas.

(A)

No development or activity which could degrade the riparian area or diminish its value as a natural resource shall be permitted in the riparian corridor or in any area of riparian vegetation except for the following:

(1)

Channelizations, dams or other alterations of rivers and streams as permitted in Section 20.496.030(C);

(2)

Pipelines, utility lines and road and trail crossings when no less environmentally damaging alternative route is feasible;

(3)

Existing agricultural operations;

(4)

Removal of trees for disease control, public safety purposes or personal use for firewood by property owner.

(B)

Requirements for development in riparian habitat areas are as follows:

(1)

The development shall not significantly disrupt the habitat area and shall minimize potential development impacts or changes to natural stream flow such as increased runoff, sedimentation, biochemical degradation, increased stream temperatures and loss of shade created by development;

(2)

No other feasible, less environmentally sensitive alternative exists;

(3)

Mitigation measures have been incorporated into the project to minimize adverse impacts upon the habitat;

(4)

Where development activities caused the disruption or removal of riparian vegetation, replanting with appropriate native plants shall be required at a minimum ratio of one to one (1:1) and replaced if the survival rate is less than seventy-five (75) percent.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.040 - Dunes.

(A)

Development and activities permitted in dunes shall be limited to the following:

(1)

Scientific, educational and passive recreational uses.

(2)

One single-family dwelling where adequate access, water and sewage disposal capacity exist consistent with applicable Coastal Element policies and development standards of this division.

(3)

Removal of sand, construction of fences or walls to impede sand movement and planting of vegetation for dune stabilization where necessary to protect existing structures. These projects shall be subject to provisions regarding sand extraction and shall be processed under conditional use permit procedures.

(4)

Footpaths to direct use and minimize adverse impacts where public access is permitted.

(B)

Requirements for development in dune areas are as follows:

(1)

Motorized or non-motorized vehicle traffic is prohibited.

(2)

New development on dune parcels shall be located in the least environmentally damaging location and shall minimize the removal of natural vegetation and alteration of natural landforms.

(3)

No new parcels shall be created entirely in dune habitats.

(4)

All sand removal shall be subject to a Coastal Development Use Permit but shall not be allowed on vegetated dunes.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.045 - Pygmy Forests.

(A)

General.

(1)

Pygmy forests are generally categorized as a unique ecosystem but if they contain a rare or endangered species they are categorized as an ESHA.

(2)

New development on parcels which contain pygmy type vegetation shall be located in the least environmentally damaging locations and shall minimize the removal of native vegetation and alteration of soils and natural land forms.

(3)

Where feasible, new development should only be permitted at the periphery of pygmy forest habitat where construction does not cause penetration of the hardpan, where septic systems do not drain into adjacent pygmy forest habitat, and where dwellings do not require that an access road be built through intact pygmy forest.

(4)

Scientific, educational and passive recreational uses are permitted where trails result in minimal impact to surrounding vegetation. Boardwalks should be built where trails traverse terrain that is seasonally wet due to the presence of a perched water table, or areas with a fragile ground cover consisting of several species of lichen.

(5)

Because the pygmy forest has a low carrying capacity for foot traffic, trails proposed by the applicant should be built around the forest perimeter, where possible.

(6)

Parcels entirely within areas of pygmy vegetation shall be designated Planned Development (PD). Such parcels shall be allowed to develop consistent with all applicable provisions of this Division if mitigation measures are adopted and implemented to prevent or avoid impacts such as; erosion, surface/groundwater contamination, extensive vegetation removal and other related concerns.

(B)

Development Requirements in or adjacent to a pygmy forest categorized as ESHA.

(1)

Development permitted in or adjacent to pygmy forests categorized as ESHA are to be severely restricted and shall be limited to uses that do not interfere with the hydrologic regime, soil acidity or low nutrient status and shall not cause adverse impacts to this unique ecosystem or to water quality (See ESHA Buffer Areas, Section 20.496.020).

(2)

Any development on individual parcels entirely within areas of pygmy vegetation categorized as ESHA shall be developed consistent with Chapter 20.428, Planned Unit Development Combining District and all other applicable regulations of this Division.

(3)

Parcels containing pygmy vegetation categorized as ESHA shall be allowed to divide only if each new parcel being created has an adequate area available for a residence with a conventional septic system allowing for a one hundred (100) percent back up area for an alternate leach field. New parcels created on soil types characterized by pygmy vegetation shall be limited to a low density (defined as two to five acres), consistent with the County Division of Environmental Health's recommendations.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.496.050 - Other Resource Areas.

(A)

General. Other designated resource areas as identified on Pages 39, 40 and 41 of the Coastal Element dated November 5, 1985 include: State parks and reserves, underwater parks and reserves, areas of special biological significance, natural areas, special treatment areas, fishing access points, areas of special biological importance, significant California ecosystems and coastal marine ecosystems.

(B)

Development of Resource Areas.

Any development within designated resource areas shall be reviewed and established in accord with conditions which could allow some development under mitigating conditions but which assures the continued protection of the resource area.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.500 - HAZARD AREAS

This Chapter shall apply to all development proposed in the Coastal Zone unless and until it is determined by the County Coastal Permit Administrator that the project is not subject to threats from geologic, fire, flood or other hazards.

(Ord. No. 3785 (part), adopted 1991.)

Sec. 20.500.010 - Purpose.

(A)

The purpose of this section is to insure that development in Mendocino County's Coastal Zone shall:

(1)

Minimize risk to life and property in areas of high geologic, flood and fire hazard;

(2)

Assure structural integrity and stability; and

(3)

Neither create nor contribute significantly to erosion, geologic instability or destruction of the site or surrounding areas, nor in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.

(Ord. No. 3785 (part), adopted 1991.)

Sec. 20.500.015 - General Criteria.

(A)

Determination of Hazard Areas.

(1)

Preliminary Investigation. The Coastal Permit Administrator shall review all applications for Coastal Development Permits to determine threats from and impacts on geologic hazards.

(2)

Geologic Investigation and Report. In areas of known or potential geologic hazards such as shoreline and blufftop lots and areas delineated on the hazard maps, a geologic investigation and report prior to development approval, shall be required. The report shall be prepared by a licensed engineering geologist or registered civil engineer pursuant to the site investigation requirements in Chapter 20.532.

(B)

Mitigation Required. Where mitigation measures are determined to be necessary, the foundation, construction and earthwork shall be supervised and certified by a licensed engineering geologist or a registered, civil engineer with soil analysis expertise who shall certify that the required mitigation measures are incorporated into the development.

(Ord. No. 3785 (part), adopted 1991.)

Sec. 20.500.020 - Geologic Hazards—Siting and Land Use Restrictions.

(A)

Faults.

(1)

Residential, commercial and industrial structures shall be sited a minimum of fifty (50) feet from a potentially, currently or historically active fault. Greater setbacks shall be required if warranted by geologic conditions.

(2)

Water, sewer, electrical and other transmission and distribution lines which cross fault lines shall be subject to additional standards for safety including emergency shutoff valves, liners, trenches and the like. Specific safety measures shall be prescribed by a licensed engineering geologist or a registered civil engineer.

(B)

Bluffs.

(1)

New structures shall be setback a sufficient distance from the edges of bluffs to ensure their safety from bluff erosion and cliff retreat during their economic life spans (seventy-five (75) years). New development shall be setback from the edge of bluffs a distance determined from information derived from the required geologic investigation and the setback formula as follows:

Setback (meters) = structure life (75 years) × retreat rate (meters/year)

Note: The retreat rate shall be determined from historical observation (aerial photos) and/or from a complete geotechnical investigation.

(2)

Drought tolerant vegetation shall be required within the blufftop setback.

(3)

Construction landward of the setback shall not contribute to erosion of the bluff face or to instability of the bluff.

(4)

No new development shall be allowed on the bluff face except such developments that would substantially further the public welfare including staircase accessways to beaches and pipelines to serve coastaldependent industry. These developments shall only be allowed as conditional uses, following a full environmental, geologic and engineering review and upon a finding that no feasible, less environmentally damaging alternative is available. Mitigation measures shall be required to minimize all adverse environmental effects.

(C)

Tsunami. In tsunami inundation areas, as illustrated on resource maps or land use maps, only harbor development and related uses shall be allowed. These uses shall be allowed only if a tsunami warning plan has been developed.

(D)

Landslides.

(1)

New development shall avoid, where feasible, existing and prehistoric landslides. Development in areas where landslides cannot be avoided shall also provide for stabilization measures such as retaining walls, drainage improvements and the like. These measures shall only be allowed following a full environmental, geologic and engineering review pursuant to Chapter 20.532 and upon a finding that no feasible, less environmentally damaging alternative is available.

(2)

Where landslides pose an immediate threat to existing development, emergency steps to stabilize the slide may be taken without benefit of the reviews specified above, but must conform with Section 20.536.055 of this Division for permits for approval of emergency work.

(E)

Erosion.

(1)

Seawalls, breakwaters, revetments, groins, harbor channels and other structures altering natural shoreline processes or retaining walls shall not be permitted unless judged necessary for the protection of existing development, public beaches or coastal dependent uses. Environmental geologic and engineering review shall include site-specific information pertaining to seasonal storms, tidal surges, tsunami runups, littoral drift, sand accretion and beach and bluff face erosion. In each case, a determination shall be made that no feasible less environmentally damaging alternative is available and that the structure has been designed to eliminate or mitigate adverse impacts upon local shoreline sand supply and to minimize other significant adverse environmental effects.

(2)

The design and construction of allowed protective structures shall respect natural landforms, shall provide for lateral beach access and shall minimize visual impacts through all available means.

(3)

All grading specifications and techniques will follow the recommendations cited in the Uniform Building Code or the engineer's report and Chapter 20.492 of this Division.

(4)

Within the Gualala Town Planning area, a special condition shall be attached to all coastal permits for blufftop residential or commercial development, requiring recordation of a deed restriction that states the following:

(a)

The landowner understands that the site may be subject to extraordinary geologic and erosion hazard and the landowner assumes the risk from such hazards;

(b)

The landowner agrees that any adverse impacts to property caused by the permitted project shall be fully the responsibility of the applicant;

(c)

The landowner shall not construct any bluff or shoreline protective devices to protect the subject permitted residence, guest cottage, garage, septic system or other improvements in the event that these structures are subject to damage, or other natural hazards in the future;

(d)

The landowner shall remove the subject permitted house and its foundation when bluff retreat reaches the point where the structure is threatened. In the event that portions of the subject permitted house, garage, foundations, leach field, septic tank, or other improvements associated with the residence fall to the beach before they can be removed from the blufftop, the landowner shall remove all recoverable debris associated with these structures from the beach and ocean and lawfully dispose of the material in an approved disposal site. The landowner shall bear all costs associated with such removal.

(e)

The requirements of Subsection (d) shall not apply to residences or associated improvements on the property that pre-date the subject coastal permit.

(Ord. No. 3785 (part), adopted 1991; Ord. 4083 (part), adopted 2002.)

Sec. 20.500.025 - Fire Hazard—Development Standards.

(A)

Fire hazard areas shall be identified using the California Department of Forestry's Fire Hazard Severity Classification System which classifies hazards into three categories: moderate, high or extreme hazard.

(B)

Land Use Restrictions.

(1)

All new development shall be sited taking into consideration the fire hazard severity of the site, the type of development and the risk added by the development to the fire hazard risk. Where feasible, areas of extreme high risk should be avoided for development except agricultural and open space uses.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.500.030 - Flood Hazard—Development Standards.

(A)

The flood hazard areas fall within the one hundred (100) year flood zone boundaries as mapped by the Federal Emergency Management Administration (FEMA).

(B)

Land Use Restrictions.

(1)

No new development, except flood control projects to protect existing structures, non-structural agricultural uses and seasonal uses shall be permitted in the one hundred (100) year floodway unless mitigation measures in accordance with FEMA regulations and Chapter 22.17 of the Mendocino County Code.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4418, § 6, 11-6-2018)

CHAPTER 20.504 - VISUAL RESOURCE AND SPECIAL TREATMENT AREAS

This section shall apply to those areas identified as highly scenic areas, special communities and special treatment areas as defined by the Mendocino Coastal Element and identified on the Coastal Land Use Maps. All development proposals shall be reviewed by the Coastal Zone Permit Administrator to determine if the standards set forth in this section shall apply. Application of standards in this Chapter shall not preclude the development of a legally established parcel.

(Ord. No. 3785 (part), adopted 1991)

The purpose of this section is to insure that permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality in visually degraded areas.

(Ord. No. 3785 (part), adopted 1991)

(A)

The visual resource areas listed below are those which have been designated highly scenic and in which development shall be subordinate to the character of its setting:

(1)

The entire Coastal Zone from the Ten Mile River estuary (including its wooded slopes, wetlands, dunes and ocean vistas visible from Highway 1) north to the Hardy Creek Bridge, except Westport Beach Subdivision. Site development review shall be a requirement for new development within the portion of Westport Beach Subdivision which is in the Coastal Zone, applying the standards of Subsection (C) below.

(2)

Portions of the Coastal Zone within the Highly Scenic Area west of Highway 1 between the Ten Mile River estuary south to the Navarro River as mapped with noted exceptions and inclusions of certain areas east of Highway 1.

(3)

Portions of the Coastal Zone within the Highly Scenic Area west of Highway 1 between the Navarro River and the north boundary of the City of Point Arena as mapped with noted exceptions and inclusions of certain areas east of Highway 1.

(4)

Portions of the Coastal Zone within the Highly Scenic Area between the south boundary of the City of Point Arena and the Gualala River as mapped with noted exceptions and inclusions of certain areas east of Highway 1.

(B)

Highly Scenic Area (HSA)—Development Application Procedures.

(1)

Determining Extent of HSA. The Coastal Permit Administrator shall review all permit applications for coastal developments to determine whether the project is to be located within an HSA. Development on a parcel located partly within the highly scenic areas delineated on the Land Use Maps shall be located on the portion outside the viewshed if feasible. Additional information may be required of the applicant to demonstrate the extent of the HSA.

(2)

Disagreement as to Extent of Highly Scenic Area (HSA). Where representatives of the County Planning and Building Services Department, the California Coastal Commission, and the applicant are uncertain as to the boundaries of the HSA viewshed on any parcel such disagreements shall be investigated by an on-site inspection by the landowner and/or agents, county staff member and representatives from the Coastal Commission.

(3)

On-Site Inspection. The on-site inspection shall be coordinated by the Coastal Permit Administrator and shall take place within three (3) weeks, weather and site conditions permitting, of the receipt of a written request for clarification of the HSA viewshed boundaries by the landowner or assigned agent.

If all of the members of this group agree that the boundaries of the scenic resource in question should be adjusted following the site inspection, such development shall be approved only upon specific findings that the scenic resource as identified will not be significantly degraded by the proposed development. If such findings cannot be made, the development shall be denied.

(C)

Development Criteria.

(1)

Any development permitted in highly scenic areas shall provide for the protection of coastal views from public areas including highways, roads, coastal trails, vista points, beaches, parks, coastal streams, and waters used for recreational purposes.

(2)

In highly scenic areas west of Highway 1 as identified on the Coastal Element land use plan maps, new development shall be limited to eighteen (18) feet above natural grade, unless an increase in height would not affect public views to the ocean or be out of character with surrounding structures.

(3)

New development shall be subordinate to the natural setting and minimize reflective surfaces. In highly scenic areas, building materials including siding and roof materials shall be selected to blend in hue and brightness with their surroundings.

(4)

AD proposed divisions of land and boundary line adjustments within highly scenic areas shall be analyzed for consistency of potential future development with the regulations of this Chapter, and no division of land or boundary line adjustment shall be approved if development of resulting parcel(s) would be inconsistent with this Chapter.

(5)

Buildings and building groups that must be sited in highly scenic areas shall be sited:

(a)

Near the toe of a slope;

(b)

Below rather than on a ridge; and

(c)

In or near a wooded area.

(6)

Minimize visual impact of development on hillsides by the following criteria:

(a)

Requiring grading or construction to follow the natural contours;

(b)

Resiting or prohibiting new development that requires grading, cutting and filling that would significantly and permanently alter or destroy the appearance of natural landforms;

(c)

Designing structures to fit hillside sites rather than altering landform to accommodate buildings designed for level sites;

(d)

Concentrate development near existing major vegetation; and

(e)

Promote roof angles and exterior finish which blend with hillside.

(7)

Minimize visual impacts of development on terraces by the following criteria:

(a)

Avoiding development, other than farm buildings, in large open areas if alternative site exists;

(b)

Minimize the number of structures and cluster them near existing vegetation, natural landforms or artificial berms;

(c)

Provide bluff setbacks for development adjacent to or near public areas along the shoreline;

(d)

Design development to be in scale with rural character of the area.

(8)

Minimize visual impact of development on ridges by the following criteria:

(a)

Prohibiting development that projects above the ridgeline;

(b)

If no alternative site is available below the ridgeline, development shall be sited and designed to reduce visual impacts by utilizing existing vegetation, structural orientation, landscaping, and shall be limited to a single story above the natural elevation;

(c)

Prohibiting removal of tree masses which destroy the ridgeline silhouette.

(9)

In specific areas, as designated on the Land Use Maps and other circumstances in which concentrations of trees unreasonably obstruct views to and along the ocean and scenic coastal areas, tree thinning or removal shall be made a condition of permit approval.

(10)

Tree planting to screen buildings shall be encouraged, however, new development shall not allow trees to interfere with coastal/ocean views from public areas.

(11)

Power transmission lines shall be located along established corridors where possible and where the corridors are not visually intrusive.

(12)

Power distribution lines shall be placed underground in designated "highly scenic areas" west of Highway 1 and in new subdivisions. East of Highway 1, power lines shall be placed below ridgelines if technically feasible.

(13)

Access roads and driveways shall be sited such that they cause minimum visual disturbance and shall not directly access Highway I where an alternate configuration is feasible.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.504.020 - Special Communities and Neighborhoods.

(A)

The Town of Mendocino is the only recognized special community in the Coastal Element. Division III of Title 20 provides specific criteria for new development in Mendocino.

(B)

The communities and service centers, designated as CRV or CFV, of Westport, Caspar, Albion, Elk and Manchester, and the additional areas of Little River, Anchor Bay and Gualala, as described below, shall have special protection as set forth in Section 20.504.020(C):

(1)

Little River: Schoolhouse Creek on the south to the northern boundary of the Steven's Wood Inn property on the north including all parcels with highway frontage on the east side of Highway 1 and all parcels west of Highway 1.

(2)

Anchor Bay: Getchell Gulch on the south to Fish Rock Road on the north including all parcels with highway frontage on the east side of Highway 1 and all parcels west of Highway 1.

(3)

Gualala: The Sonoma County Line on the south to Big Gulch on the north including all commercial and industrially zoned parcels on the east side of Highway 1 and all parcels west of Highway 1.

(C)

Development Criteria.

(1)

The scale of new development (building height and bulk) shall be within the scope and character of existing development in the surrounding neighborhood.

(2)

New development shall be sited such that public coastal views are protected.

(3)

The location and scale of a proposed structure will not have an adverse effect on nearby historic structures greater than an alternative design providing the same floor area. Historic structure, as used in this subsection, means any structure where the construction date has been identified, its history has been substantiated, and only minor alterations have been made in character with the original architecture.

(4)

Building materials and exterior colors shall be compatible with those of existing structures.

(D)

The scenic and visual qualities of Mendocino County Coastal Areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas designated by the County of Mendocino Coastal Element shall be subordinate to the character of its setting.

(Ord. No. 3785 (part), adopted 1991)

(A)

Other areas of visual significance include special treatment areas shown on the Land Use Map and a 200 foot minimum designated scenic corridor along both sides of Highway 1 from Ten Mile River to the Sonoma County line not shown on the Land Use Map. The designated width of this corridor is a minimum of two hundred (200) feet running parallel to Highway 1 or inland to the first line of trees nearest the road. However, in no place does the corridor extend more than three hundred fifty (350) feet from the shoulder of the road. These include archaeological and paleontological sites and timber production zones.

Special Treatment Area buffer zones were also located adjacent to all publicly owned preserves and recreation areas, including national, state, regional, county and municipal parks. These buffer zones include those forested areas within the Coastal Zone within two hundred (200) feet of all such publicly owned preserves and recreation areas.

It is the intent of timber harvesting regulations within the Special Treatment Areas to minimize the visual effect of timber harvesting in order to protect the area's special scenic and natural qualities.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.504.030 - Satellite Receiving Dish Regulations.

(A)

Major considerations in installing satellite receiving dish antenna(s) concern positioning disks to avoid interference and to minimize visual impacts on the surrounding landscape. Installation of satellite receiving dishes shall require a coastal development permit and must comply with other criteria of this Chapter. Microwave antenna(s), including dishes, are considered to be a Minor Impact Utilities Use Type as defined in Chapter 20.320.

(B)

Development Criteria.

(1)

Minimize visual impacts when installing private or commercial satellite receiving dish antenna(s) in designated Highly Scenic Areas by:

(a)

Placing dish to take advantage of any natural shielding that exists at or around the proposed dish location, e.g., houses, shrubs, trees.

(b)

Establishing a setback from the rim of a ridge or hilltop where a dish will be placed so as to not create an additional silhouette.

(c)

Landscaping terrain around dish with low shrubs or small trees to screen dish and supporting structure at any off-site location without interfering with satellite reception.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.504.035 - Exterior Lighting Regulations.

(A)

Essential criteria for the development of night lighting for any purpose shall take into consideration the impact of light intrusion upon the sparsely developed region of the highly scenic coastal zone.

(1)

No light or light standard shall be erected in a manner that exceeds either the height limit designated in this Division for the zoning district in which the light is located or the height of the closest building on the subject property whichever is the lesser.

(2)

Where possible, all lights, whether installed for security, safety or landscape design purposes, shall be shielded or shall be positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel on which it is placed.

(3)

Security lighting and flood lighting for occasional and/or emergency use shall be permitted in all areas.

(4)

Minor additions to existing night lighting for safety purposes shall be exempt from a coastal development permit.

(5)

No lights shall be installed so that they distract motorists.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.508 - AGRICULTURAL RESOURCES

Sec. 20.508.005 - Applicability.

This Chapter shall apply to all lands designated AG or RL within the County of Mendocino's Coastal Zone.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.508.010 - Purpose.

The purpose of this Chapter is to insure that the maximum amount of agricultural land shall be maintained in agricultural production to assure the protection of the area's agricultural economy.

All other lands suitable for agricultural use shall not be converted to non-agricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands.

(Ord. No. 3785 (part), adopted 1991)

An owner of property within an agricultural district, either AG or RL, may request agricultural preserve status under a Williamson Act contract pursuant to Chapter 22.08 of the Mendocino County Code. No permit shall be issued to convert prime lands and/or land under Williamson Act contracts to nonagricultural uses, without complying with Chapter 22.08 of the Mendocino County Code and making supplemental findings pursuant to Section 20.532.100(B)(2) and making the finding that continued, renewed, or potential agricultural use of the property is not feasible based upon an economic feasibility evaluation prepared pursuant to Section 20.524.015(C)(3).

(Ord. No. 3785 (part), adopted 1991)

Development adjacent to agriculturally designated parcels is subject to the following:

(A)

Development Adjacent to Agriculturally Designated Parcels.

(1)

No new dwellings in a residential area shall be located closer than two hundred (200) feet from an agriculturally designated parcel unless there is no other feasible building site on the parcel.

(2)

New parcels shall not be created that would result in a dwelling within two hundred (200) feet of an agriculturally designated parcel.

(B)

Development Adjacent to Type I Agricultural Preserves.

(1)

New parcels created adjacent to Type I Agricultural Preserves shall be a minimum of five (5) acres, however, parcels designated Clustering Development Combining District (:CL) or Planned Unit Development Combining District (:PD) may be developed at a density specified by the base zone provided that no

dwelling is closer than two hundred (200) feet from the property line of the Preserve or at the furthest feasible point from said property line.

(C)

Development Adjacent to Type II Agricultural Preserve.

(1)

New parcels created adjacent to Type II Agricultural Preserve shall be a minimum of ten (10) acres, however, parcels designated Clustering Development Combining District (:CL) or Planned Unit Development Combining District (:PD) may be developed at a density specified by the base zone provided that no dwelling is closer than two hundred (200) feet from the property line of the Preserve or at the furthest feasible point from said property line.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.510 - TIMBER RESOURCES

Sec. 20.510.005 - Applicability.

This Chapter shall apply to all lands designated FL and TP, and lands adjacent to FL and TP, within the County of Mendocino's Coastal Zone.

(Ord. No. 3785 (part), adopted 1991)

The purpose of this Chapter is to insure that the long-term productivity of timber soils and timberlands shall be protected and maintained in timber production to assure the protection of the area's principal economic base.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.510.015 - General Criteria.

An owner of property may file an application for rezoning to Timber Production pursuant to Chapter 22.07 of the Mendocino County Code. No permit shall be issued to convert lands zoned TP to non-forest uses, without complying with Chapter 22.07 of the Mendocino County Code and making supplemental findings pursuant to Chapter 20.532.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.510.020 - Buffer Areas.

Development adjacent to lands designated as FL or TP is subject to Section 20.524.010(B)(1)(e) or Section 20.524.020(B)(5) and the following:

(A)

Development Adjacent to Parcels Designated FL or TP.

(1)

No new dwellings in a residential area shall be located closer than two hundred (200) feet from a parcel designated as FL or TP unless there is no other feasible building site on the parcel.

(2)

New parcels created adjacent to parcels designated as FL or TP shall be a minimum of ten (10) acres, however, parcels designated Clustering Development Combining District (:CL) or Planned Unit Development Combining District (:PD) may be developed at a density specified by the base zone provided that any dwelling is not closer than two hundred (200) feet from the property line of the parcel designated as FL or TP or at the furthest feasible point from said property line.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.512 - HARBORS, COMMERCIAL AND SPORT FISHING

Sec. 20.512.005 - Applicability.

This Chapter shall apply specifically to Noyo and Albion Harbors and generally to all areas of Coastal Mendocino County which support the commercial and sport fishing and recreational boating industries.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.512.010 - Purpose.

The purpose of this Chapter is to protect the commercial and sport fishing and recreational boating industries, insure that necessary support services are provided to these industries and protect coastal marine resources.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.512.015 - General Criteria.

(A)

Diking, Dredging, Filling. Diking, dredging and filling shall be permitted subject to a Coastal Development Use Permit, where there is no feasible less environmentally damaging alternative, and where feasible, mitigation measures have been provided to minimize adverse environmental effects, and in accordance with the following provisions:

(1)

Prior to granting the use permit the findings pursuant to Section 20.532.095(A) shall be made.

(2)

Conditional uses shall be limited to the following:

(a)

New or expanded port, energy, and coastal dependent industrial facilities, including commercial fishing facilities;

(b)

Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps;

(c)

In wetlands pursuant to Section 20.532.095(A);

(d)

In open coastal waters, other than wetlands, including streams and estuaries, new or expanded boating facilities;

(e)

Incidental public service purposes which temporarily impact the resource including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines;

(f)

Mineral extraction such as sand for restoring beaches, except in environmentally sensitive habitat areas;

(g)

Nature study, aquaculture, excluding ocean ranching of anadromous fish, or similar coastal resource— dependent activities;

(h)

Restoration purposes.

(3)

To facilitate the continued delivery of nutrients and sediments to the littoral zone, whenever feasible, the material removed from conditionally approved projects listed above may be placed at appropriate points on the shoreline in accordance with other applicable provisions of this Division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a Coastal Development Permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area.

(B)

Revetments, Breakwaters, Groins, Harbor Channels, Seawalls, Cliff Retaining Walls. Construction that alters natural shoreline processes (such as the above) may be permitted subject to a Coastal Development Use Permit and in accordance with the following provisions:

(1)

Prior to granting the use permit the findings pursuant to Section 20.500.020(E) shall be made.

(2)

The design and construction of allowed protective structures shall respect natural landforms, provide for lateral beach access and minimize visual impacts through all available means.

(3)

These uses shall be allowed only where required to:

(a)

Serve coastal-dependent uses, or

(b)

Protect existing structures or public beaches in danger of erosion.

(C)

Development projects shall be referred to the appropriate Harbor District for review and comment. At the time of the coastal permit application review the County shall request a report from the Harbor District to determine the effect of the proposal on the commercial fishing industry and to recommend appropriate mitigation measures to reduce significant impacts.

(Ord. No. 3785 (part), 1991)

CHAPTER 20.516 - TRANSPORTATION, UTILITIES AND PUBLIC SERVICES

Sec. 20.516.005 - Applicability.

This Chapter shall apply to all new development and in particular development which requires the expansion or extension of public works or private facilities.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.516.010 - Purpose.

The purpose of this Chapter is to insure:

(A)

That development occurs in areas where public services are available;

(B)

That where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal dependent land use, essential public services and basic industries vital to

the economic health of the region, state, or nation, public recreation, commercial recreation, and visitorserving land uses shall not be precluded by other development; and

(C)

That new and expanded public services are designed and limited to accommodate a level and type of development which is consistent with the Land Use Plan, provided that a reasonable capacity be reserved for potential industrial development as designated by the Coastal Element.

(Ord. No. 3785 (part), adopted 1991)

New development shall be approved subject to the availability of necessary public services and consistent with the following provisions.

(A)

Septage and Leach Field.

(1)

Subdivisions or boundary line adjustments creating new parcels or additional residential, commercial or industrial building sites shall only be approved where the application is consistent with all provisions of this division and where:

(a)

A community sewage disposal system with available capacity exists and is obligated to provide service; or a satisfactory site for an individual sewage system exists.

(b)

Leach field approval shall require the satisfactory completion of a site evaluation on the site of each proposed septic system to be performed by a qualified hydrologist/soils engineer pursuant to techniques described in the "Land Division Requirements" of the Environmental Health Division of the County Public Health Department.

(c)

Permits for new installations of septic tanks shall not be issued in the absence of a long term arrangement for septage disposal for that specific area.

(d)

Newly constructed sewage disposal systems and expansion of existing systems shall be designed to serve development consistent with that permitted by the Land Use Plan.

(B)

Water Supply.

(1)

Approval of the creation of any new parcels or additional building sites shall be contingent upon an adequate water supply during dry summer months which will accommodate the proposed parcels, and will not adversely affect the groundwater table of contiguous or surrounding areas. Demonstration of the proof of water supply shall be made in accordance with policies found in the Mendocino Coastal Groundwater Study dated June 1982, as revised from time to time and the Mendocino County Division of Environmental Health's Land Division requirements as revised.

(2)

Commercial developments and other potential major water users that could adversely affect existing surface or groundwater supplies shall be required to show proof of an adequate water supply, and evidence that the proposed use shall not adversely affect contiguous or surrounding water sources/supplies. Such required proof shall be demonstrated prior to final approval of the proposed use.

(3)

In order to be developed to the smaller parcel size, areas indicated on the adopted Land Use Map as having a variable density zoning classification shall be required to be served by a public water system which utilizes surface waters, and which does not impact upon the groundwater resource, or by completion of a hydrological study, to the satisfaction of the Mendocino County Health Officer, which supports those greater densities.

(C)

Transportation Systems.

(1)

Where subdivision projects are proposed to front on a publicly maintained street, road or highway where the existing right-of-way is not deeded to the State or County or is of insufficient width, right-of-way easement or fee title to lands sufficient for ultimate street, road, highway or other improvements shall be offered or granted to the State or County as a condition of approval pursuant to Mendocino County Code.

(2)

A corridor preservation setback, in addition to a required front yard setback prescribed by zoning districts, shall apply to all parcels that abut a publicly maintained street, road or highway pursuant to Section 20.444.020 of this Division.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.520 - INDUSTRIAL DEVELOPMENT AND ENERGY FACILITIES

Sec. 20.520.005 - Applicability.

This Chapter shall apply to all existing and proposed industrial developments and commercial energy facilities located within the Coastal Zone of Mendocino County.

(Ord. No. 3785 (part), adopted 1991)

The purpose of this Chapter is to provide for necessary industrial and energy development within the coastal zone while protecting, enhancing and restoring coastal resources.

(Ord. No. 3785 (part), adopted 1991)

Onshore facilities related to the development of offshore oil and gas, except for onshore pipelines for natural gas, are not authorized in the coastal zone without a Coastal Element Amendment, because no offshore areas are currently leased for oil and gas development. Development of siting, construction, and mitigation criteria should be considered in the context of specific proposals, so that topographical and environmental constraints can be identified and then-current technologies can be incorporated. If there is a future proposal for such development, it can be considered through the Local Coastal Program amendment process, including the special amendment process provided for energy projects by Section 30515 of the Coastal Act.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.520.020 - Onshore Oil and Gas Development Not Related to Offshore Oil and Gas Development.

(A)

Onshore oil and gas development, not related to offshore oil and gas development may be permitted subject to two separate Coastal Development Use Permits, the first limited to the exploratory phase and the second, to production. Supplemental application requirements are set forth in Section 20.532.080.

(B)

Onshore oil and gas development, not related to offshore oil and gas development, may include drilling, redrilling, production and abandonment of wells; and construction and installation of sumps, access roads, piping and storage tanks. Onshore oil and gas development shall be a conditional use in AG, RL, FL and I Zoning Districts subject to the provisions of Chapter 20.532.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.520.025 - Natural Gas Pipelines.

(A)

Pipelines for natural gas may be permitted in all zoning districts, subject to a Coastal Development Use Permit and the following standards in addition to the requirements of Chapter 20.532:

(1)

The County shall require that a resource survey be conducted along the pipeline route to determine which, if any, coastal resources may be impacted by pipeline construction and operation. The costs of this survey

shall be borne by the applicant.

(2)

The resource survey shall be conducted by a consultant selected jointly by the applicant, the County, and the Department of Fish and Game. If the survey determines that the area to be disturbed will not revegetate naturally or in a timely manner to avoid other damage, as from erosion, the applicant shall submit a revegetation plan. The plan shall also include provisions for restoration of any habitats which will be disturbed by construction or operation procedures.

(3)

One (1) year after completion of construction, the County shall require that the area crossed by the pipeline be resurveyed to assess the effectiveness of the revegetation and restoration plan. The resource survey shall become the data base for continued monitoring and assessing progress on an annual basis, until monitoring is no longer necessary as determined by the Director.

(4)

The County shall require the posting of a performance bond by the applicant to ensure compliance with these provisions.

(5)

The County shall prohibit the use of herbicides during the pipeline construction and shall require that excess soil be delivered to an approved dumping site, after the excavation has been backfilled and compacted.

(6)

The pipeline shall be sited and constructed in such a manner as to inhibit erosion.

(7)

Where feasible, pipelines shall be routed to avoid important coastal resources, including recreation, natural habitat, and archaeological areas. Unavoidable routing through such areas of significant coastal resource value shall be done in a manner that minimizes the extent of disturbance and erosion.

(B)

In sensitive resource areas, the extent of pipeline construction and ground surface disturbance shall be reduced to a minimum by restricting construction activities and equipment within narrow, limited and staked work corridors and storage areas. All development will be done in the least environmentally damaging alternative and will require mitigation for negative impacts.

(C)

Geologic investigations, performed by a qualified engineering geologist or a registered civil engineer with expertise in soil analysis shall be required where a proposed pipeline route crosses potential faulting zones, seismically active areas, or moderately high to high risk landslide areas. This investigation shall evaluate

potential risks and recommend mitigation measures such as pipeline route changes and/or engineering measures to help ensure the integrity of the pipeline and minimize erosion, geologic instability, and substantial alterations of the natural topography.

(D)

New pipeline corridors shall be consolidated within existing pipeline or electrical transmission corridors unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic concerns.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.520.030 - Electrical Transmission and Distribution Lines.

(A)

Electrical transmission and distribution lines, excluding 120/240 volt service lines to individual parcels shall be permitted in all zoning districts subject to a Coastal Development Use Permit, the provisions of Chapter 20.532 and the following standards:

(1)

Electrical transmission line rights-of-way shall be routed to minimize impacts on the viewshed, especially in scenic rural areas, and to avoid locations which are on or near sensitive habitat, recreational, or archaeological resources.

(2)

Scarring, grading, or other vegetative removal shall be minimized and revegetated with plants similar to those in the area.

(3)

Where above-ground electrical transmission lines would unavoidably affect views, undergrounding shall be required where it is technically and economically feasible unless it can be shown that other options are less environmentally damaging.

(4)

When above-ground facilities are necessary, design and color of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow. Electrical transmission lines shall not extend along the road right-of-way for continuous distances and shall avoid the crests of roadways to minimize their visibility on distant views.

(5)

Related utilities should use existing rights-of-way whenever such uses are compatible and feasible.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.520.035 - Alternative Energy Facilities.

(A)

Alternative energy facilities for on-site use including wind, solar, wave and biomass and cogeneration may be permitted subject to a Coastal Development Use Permit, pursuant to Chapter 20.532, in all zoning districts consistent with the following provisions:

(1)

Any impacts to coastal resources shall be mitigated to a level of insignificance.

(2)

Scarring, grading and other vegetation removal shall be minimized and revegetated with similar vegetation.

(B)

Alternative energy facilities for off-site use may be permitted as conditional uses in the CAG, CFL, CTP, CRL and CI Zoning Districts consistent with provisions of (1) and (2) above and all other applicable provisions of this Division. (Revised 3/16/88)

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.520.040 - Sand Removal, Mining and Gravel Extraction.

(A)

Sand removal, mining and gravel extraction may be permitted subject to a Coastal Development Use Permit pursuant to Chapter 20.532 of this Division and must be conducted in conformance with the following standards. Additionally all mining activities taking place within an area designated as an ESHA shall also comply with Chapter 20.496 of this Division. Sand removal, mining, and gravel extraction proposed on public trust lands, or other lands within the jurisdiction of the California Coastal Commission shall require a coastal development permit from that agency.

(1)

All such operations shall be undertaken in a manner which prevents siltation and other sources of pollutants that might enter streams by requiring silt traps or other approved methods for controlling release of pollutants and runoff.

(2)

Operations shall be conducted at times of the year which will result in the least adverse impacts on fish and wildlife.

(3)

Operations shall not be conducted on vegetated bars or dunes.

(4)

Disturbance to stream banks shall be minimized by appropriate mitigation measures.

(5)

For all projects larger than one (1) acre in extent and/or cumulative removal of one thousand (1,000) cubic yards or more of material, including displaced overburden per year the applicant shall prepare and submit a reclamation plan of the project site which shall be approved prior to the issuance of a permit and shall be carried out before or upon cessation of the mining/extraction operation. For projects involving the removal of less than one thousand (1,000) cubic yards, a reclamation plan shall not be required.

(B)

Applications for sand removal, mining and gravel extraction shall also contain the supplemental information set forth in Section 20.532.090.

(C)

Performance bonds for any project that requires a reclamation plan shall be required to ensure proper restoration of the site and completion of reclamation.

(D)

Prior to approval of the permit, comments and copies of any permits or authorizations required by the following agencies shall be obtained where relevant:

(1)

State Lands Commission.

(2)

California Department of Fish and Game.

(3)

Regional Water Quality Control Board.

(4)

United States Army Corps of Engineers.

(5)

California Department of Mines and Geology.

(6)

California Department of Transportation where projects are in a one hundred (100) year floodplain within one (1) mile of a State highway bridge.

(7)

County Fish and Game Advisory Commission.

(8)

California Coastal Commission.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.524 - COASTAL LAND DIVISION REGULATIONS

The land division regulations contained in this Chapter shall be carried out in combination with the other requirements of this Division.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.524.010 - Coastal Rural Land Divisions.

(A)

Applicability. This section shall apply to lands located in the County's coastal zone outside of the urban/rural boundaries as designated on the land use/zoning maps.

(B)

Required Conditions for Approval of Rural land Divisions. Land division in rural areas may be permitted only if all of the following conditions are satisfied:

(1)

At least fifty (50) percent of the existing usable parcels within the market area, as defined in Subsection (C) of this section, have been developed. Usable parcels shall be those parcels that can be physically developed under applicable land use regulations.

(a)

The new parcels to be created shall be no smaller than the minimum parcel sizes designated on the land use maps unless provided for under other applicable provisions of this Division which may include Clustering, Chapter 20.412, Planned Unit Development, Chapter 20.428 and General Provisions, Chapter 20.444.

(b)

A community sewage disposal system with available capacity exists and is obligated to provide service, or a satisfactory site for an individual sewage system with one hundred (100) percent back-up area for an alternative leach field exists.

(c)

Proof is provided that adequate water and sewage service is available and an adequate water supply exists during dry months to accommodate proposed parcels without adversely affecting the groundwater table of contiguous or surrounding areas. For proof of water definition, see Section 20.308.095.

(d)

Groundwater shall be developed in a manner that is consistent with the Mendocino County Groundwater Development Guidelines.

(e)

New parcels shall not adversely affect the long-term productivity of adjacent agricultural lands. New parcels created adjacent to agriculturally designated lands shall conform to the requirements for buffer areas pursuant to Chapter 20.508.

(f)

New parcels shall not adversely affect the long-term productivity of adjacent commercial timberlands. New parcels created adjacent to parcels designated as FL or TP shall conform to the requirements for buffer areas pursuant, to Chapter 20.510.

(g)

The division will not have significant adverse effects, either individually or cumulatively, on environmentally sensitive habitat areas or on other coastal resources.

(h)

The new parcels proposed to be created on soil characterized by pygmy vegetation shall be limited to a minimum parcel size of two (2) or five (5) acres consistent with the Mendocino County Division of Environmental Health Land Division Requirements, as revised.

(i)

New parcels proposed to be created entirely within areas of pygmy vegetation shall be zoned with the Planned Unit Development Combining District (:PD) in conformance with Chapter 20.428 of this Division. Parcels containing rare and endangered species shall also comply with Chapter 20.496 of this Division.

(j)

Development on parcels which contain pygmy vegetation shall be located in the least environmentally damaging locations and shall minimize the removal of native vegetation and alteration of natural land 'forms pursuant to Chapter 20.496.

(k)

Other required public services including but not limited to solid waste and roadway capacity are available or can be made adequate to serve the proposed parcels without significant damage to coastal resources or interfere with public access.

(l)

Development proposed for the area is consistent with all other requirements of this Division and all applicable policies of the Coastal Element.

(m)

Identified coastal resources within the proposed area to be divided are protected from significant adverse environmental impacts.

(C)

Determination of Surrounding Development.

The following steps shall be taken to determine whether or not fifty (50) percent or more of the market area, outside rural/urban boundaries, is developed.

(1)

Determine the market area as identified below:

(a)

Market Area 1. All of that area within the coastal zone from the Humboldt County line to Ten Mile River excluding lands within the Coastal Rural Village Zoning District.

(b)

Market Area 2. All of that area within the coastal zone from the Ten Mile River to the northern boundary of the City of Fort Bragg excluding lands within the Coastal Rural Village Zoning District.

(c)

Market Area 3. All of that area within the Coastal Zone from the southern urban/rural boundary of the City of Fort Bragg to the Navarro River excluding lands within the Rural Village and Fishing Village land use classifications and within the town plan boundary of the Town of Mendocino.

(d)

Market Area 4. All of that area within the Coastal Zone from the Navarro River south to Hearn Gulch and Iversen Road excluding Iversen Landing Subdivision, lands within the Rural Village land use classification and lands within the city limits of Point Arena.

(e)

Market Area 5. All of that area within the Coastal Zone from Hearn Gulch and Iversen Road south to the Gualala River, including Iversen Landing Subdivision, and excluding those lands within the Rural Village land use classification.

(2)

Determine the percent of usable parcels that have been developed within the applicable market area using the methodology delineated below. For purposes of analysis, "usable" shall mean parcels that can be developed using applicable land use regulations, and "developed" shall mean that a parcel has on it a habitable dwelling, or substantial commercial or industrial structure. If the percent of parcels developed is equal to or in excess of fifty (50) percent, then further parcelization may be allowed consistent with the land use maps and applicable policies of the Coastal Element and provisions of this Division.

Information on the percentage of parcels developed in each market area will be compiled as follows:

(a)

Count all parcels in the Coastal Zone using County Assessor's records, including any recently recorded parcels and including any parcels bisected by the coastal zone boundary. All parcels under the same ownership with deeds recorded on the same day will be considered one parcel for purposes of this analysis.

(b)

Parcels on the urban side of the urban-rural boundary line will be excluded from the total count as will State and Federal land, cemeteries, and public utility lands. Rural Village parcels will also be excluded as will any parcels within an incorporated area.

(c)

Count the number of developed parcels by adding the number of issued coastal permits and building permits and by reviewing the Assessor rolls and counting the number of parcels developed with a dwelling or substantial commercial or industrial structure. A substantial structure is any commercial or industrial structure valued by the Assessor for at least five thousand dollars ($5,000) excluding agricultural outbuildings.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.524.015 - Coastal AG and RL Land Divisions.

(A)

Applicability. These regulations shall apply to all land designated AG or RL within the County of Mendocino's coastal zone.

(B)

Required Standards for Approval of Agricultural Land Divisions. Agricultural lands designated AG or RL shall not be divided unless such division will be compatible with continued agricultural use of surrounding parcels, and one (1) or more of the following:

(1)

The applicant demonstrates by an economic feasibility analysis that continued, renewed or potential agricultural use is not feasible. The contents of an economic feasibility analysis are described in Section

20.524.015(C)(3), below.

(2)

Such division would preserve prime agricultural land; or

(3)

Such division would concentrate development consistent with Section 30250 of the Coastal Act.

(C)

Submittal of Master Land Division Plan. Before any division of prime agricultural land is granted tentative approval, the applicant shall file a master land division plan which shall contain at a minimum:

(1)

A depiction of the ultimate parcelization of the property;

(2)

A discussion of how the proposed division will affect continued, renewed, or potential agricultural use of the subject property and adjacent parcels;

(3)

An economic feasibility evaluation prepared by a land use economist with expertise in the economics of agriculture which shall contain the following:

(a)

An analysis of the gross revenue from the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of proposed conversion and/or division; and

(b)

An analysis of the operational expenses beyond the control of the owner/operator associated with the production of the agricultural products grown in the area for five years immediately preceding the date of the filing of the proposed conversion and/or division.

(c)

The economic feasibility analysis shall be reviewed for adequacy by the Department of Planning and Building Services and the County Agricultural Commissioner prior to a determination that the application is complete for processing. If the report is determined inadequate, the applicant shall submit the required information to the satisfaction of the Department of Planning and Building Services and County Agricultural Commissioner. The application will not be considered complete until the feasibility analysis is submitted and deemed acceptable.

(4)

For purposes of this subsection "area" means a geographic area of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the Coastal Element.

(Ord. No. 3785 (part), adopted 1991)

(A)

Applicability. These regulations shall apply to lands located in the County's coastal zone that he inside urban/rural boundaries designated on the land use/zoning maps.

(B)

Required Conditions for Approval of Urban Land Divisions. Land divisions within urban/rural boundaries shall only be permitted if all of the following conditions are satisfied:

(1)

The new parcels to be created shall be no smaller than the minimum parcel sizes designated on the land use maps unless provided for under other applicable provisions of this Division.

(2)

A community sewage disposal system with available capacity exists and is obligated to provide service, or a satisfactory site for an individual sewage system with one hundred (100) percent back-up area for an alternative leach field exists.

(3)

Proof is provided that adequate water and sewage service is available and an adequate water supply exists during dry months to accommodate proposed parcels without adversely affecting the groundwater table of contiguous or surrounding areas. For proof of water definition, see Section 20.308.095.

(4)

Groundwater shall be developed in a manner that is consistent with the Mendocino County Groundwater Development Guidelines.

(5)

New parcels shall not adversely affect the long-term productivity of adjacent agricultural lands. New parcels created adjacent to agriculturally designated lands shall conform to the requirements for buffer areas pursuant to Chapter 20.508.

(6)

New parcels shall not adversely affect the long-term productivity of adjacent commercial timberlands. New parcels created adjacent to parcels designated as FL or TP shall conform to the requirements for buffer areas pursuant to Chapter 20.510.

(7)

The division will not have significant adverse effects, either individually or cumulatively, on environmentally sensitive habitat areas or on other coastal resources.

(8)

The new parcels proposed to be created on soil characterized by pygmy vegetation shall be limited to a minimum parcel size of two (2) or five (5) acres consistent with the Mendocino County Division of Environmental Health Land Division Requirements, as revised.

(9)

New parcels proposed to be created entirely within areas of pygmy vegetation shall be zoned with the Planned Unit Development Combining District (:PD) in conformance with Section 20.496.045 of this Division.

(10)

Development on new parcels which contain pygmy vegetation shall be located in the least environmentally damaging locations and shall minimize the removal of native vegetation and alteration of natural land forms.

(11)

Other required public services including but not limited to solid waste and roadway capacity are available or can be made adequate to serve the proposed parcels without significant damage to coastal resources or interfere with public access.

(12)

Development proposed for the area is consistent with all other requirements of this Division and all applicable policies of the Coastal Element.

(13)

Identified coastal resources within the proposed area to be divided are protected from significant adverse environmental impacts.

(Ord. No. 3785 (part), adopted 1991)

Every division of land within the coastal zone shall be preceded by the filing of a tentative map pursuant to this Division.

(A)

Submission of a Tentative Map for Subdivisions. A tentative map shall be accurately drawn to scale showing the property to be divided and shall be submitted to the County Planning and Building Services Department. The Planning and Building Services Department shall reject maps which contain inaccurate,

insufficient or incomplete information. The department may require that the tentative map be drawn by a registered civil engineer or land surveyor.

(B)

Examination of Tentative Map. A representative of the Planning and Building Services Department shall examine the tentative map submittal and determine its acceptability for processing pursuant to the requirements of this Division.

(C)

Contents of Tentative Map Application. The tentative map shall be accompanied by a completed application on the form prepared by the Planning and Building Services Department and shall contain information required by this Division and the following:

(1)

Provision for proposed water supply;

(2)

Provision for sewage and sewage disposal;

(3)

Public areas proposed;

(4)

A copy of all restrictive covenants proposed;

(5)

Provisions for protection of coastal resources;

(6)

Provision for all other necessary public services, including necessary easements or deed descriptions of lands offered to the County to facilitate required right-of-way improvements;

(7)

Provision for public access if proposed by applicant; and

(8)

Any areas to be maintained as open space.

(D)

Findings. In addition to those findings required by other applicable provisions including the State Map Act, the findings in Chapter 20.532 shall be made prior to approval of any division.

(E)

A land division or boundary line adjustment shall not result in a parcel having more than one (1) zoning district designation, not including combining district designation(s), if such designation would adversely affect environmental resources or agricultural use of the property.

(Ord. No. 3785 (part), adopted 1991)

CHAPTER 20.528 - COASTAL ACCESS REGULATIONS AND OPEN SPACE EASEMENTS

This Chapter shall apply to all projects in the coastal zone which fall within the definition of "development" as set forth in Section 30106 of the Coastal Act and in Section 20.308.035(D) of this Division.

(Ord. No. 3785 (part), adopted 1991)

(A)

In specified areas identified in Chapter 4 of the Coastal Element or as indicated on land use maps, prior to the issuance of a coastal development permit, an offer to dedicate an easement for public access shall be recorded unless required public access has otherwise been secured as provided herein.

(B)

Visitor accommodations and services on parcels adjoining the shoreline shall provide public access to the blufftop and/or the shoreline. The access, to be required as a condition of permit approval in conjunction with all new or expanded developments on such sites, shall be available to the public at large as well as to guests.

(C)

Public fishing access shall be maintained, protected and encouraged at locations specified in the Coastal Element.

(D)

Along sections of the highway where development intensity will result in pedestrian use, or where this is the siting of the County designated coastal trail, a fifteen (15) foot accessway along both sides of the highway, measured from the right-of-way of Highway 1 shall be offered as a condition of permit approval, if the topography is suitable.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.015 - Minimum Access Standards.

(A)

Width. Easements for lateral shoreline accessways shall extend landward twenty-five (25) feet from mean high tide or to the toe of the bluff or the first line of terrestrial vegetation if the width of the beach is greater than twenty-five (25) feet. All access easements required to be offered for public use shall be a minimum of twenty-five (25) feet wide with the following exceptions:

(1)

Where the passageway would adversely impact identified habitat values;

(2)

Where it would encroach within twenty (20) feet or less from an existing residence;

(3)

Where there are identified hazardous topographic conditions; or

(4)

Along Highway 1 where accessway(s) will be fifteen (15) feet wide pursuant to Section 20.528.010.

(B)

Pass and Repass. Public Use may be limited to pass and repass where:

(1)

Topographic constraints of the site make use of the beach dangerous;

(2)

Where habitat values would be adversely affected;

(3)

Where the accessway may encroach closer than twenty (20) feet to an existing residence.

(C)

Privacy. All accessways shall be located and designed to minimize the loss of privacy or other impacts on adjacent residences and residential parcels.

(D)

Posting. Once the responsibility for maintenance and liability is accepted and management established, designated accessways may be posted by the managing agency. Additional signs shall designate parking areas and restrictions for their use, list off-road vehicle restrictions, as well as regulations for protection of marine life and designation of hazard areas. Handicapped access shall be posted. All signs shall conform to the regulations and standards of Chapter 20.476 of this Division.

(E)

Safety. All accessways shall be designed and constructed to safety standards adequate for their intended use. Barriers shall be constructed by the managing agency where necessary. Parking areas to adequately serve public access shall be considered in the permit review process. Bluff retreat/erosion shall be considered and provided for the life of the development when planning lateral accessways.

(F)

Handicapped Access. Access to beach and blufftop viewpoints shall be provided and signed for handicapped persons where parking areas can be close enough to beach or viewing level to be reachable by wheelchair ramps. Barriers shall be placed marking wheelchair ramps and the limits to safe approach of a bluff.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.020 - Exemption From Permit Requirements.

The offer to dedicate and acceptance of a dedication for an accessway is exempt from the necessity of obtaining a Coastal Development Permit except that the construction of a public access trail or a staircase accessway on a bluff face (as determined by the Department of Planning and Building Services) will require a Coastal Development Use Permit.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.025 - Temporary Closure.

(A)

Closure of an accessway for a period of not more than twelve months may be requested by the Director for due cause as set forth below:

(1)

If coastal resources cannot be protected;

(2)

If public use is hazardous to the public, during periods of construction, storm damage to the accessway; or

(3)

After finding continued use is not consistent with safety and/or environmental concerns.

(B)

If the County finds that continued use is not consistent with public safety and/or continues to result in harm to an identified coastal resource, permanent closure may be sought through an amendment to the Coastal Element (Chapter 20.548).

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.030 - Prescriptive Rights.

Provisions related to prescriptive rights are as follows:

(A)

Existing Public Easement. No development shall be approved on a site which will conflict with easements acquired by the public at large by court decree.

(B)

Potential Existence of Prescriptive Right.

(1)

Rights Not Yet Established. Where evidence of historic public use indicates the potential for the existence of prescriptive rights, but rights have not been judicially determined, the County Planning and Building Department staff shall apply research methods described in the Attorney General's Manual on Implied Dedication and Prescriptive Rights.

(2)

Potential Existence of Rights Established. Where research indicates the potential existence of prescriptive rights, an access easement shall be required as a condition of permit approval.

(C)

Development in Area of Historic Public Use.

(1)

Development may be sited on the area of historic public use only if:

(a)

No development of the parcel would otherwise be possible; or

(b)

Proposed development could not otherwise be sited in a manner which minimizes risks to life and property; or

(c)

Such siting is necessary for consistency with the policies of the Coastal Element concerning visual resources, special communities, and paleontological and archaeological resources.

(2)

When development must be sited on an area of historic public use, an equivalent easement providing access to the same area shall be provided on the site as a condition of permit approval.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.035 - Methods for Securing Access.

Where acquisition of access delineated in the land use plan has not occurred through preferred methods such as bequests, gifts or purchase, recordation of an offer to dedicate an easement for public access purposes shall be required as a condition of any coastal development permit. Such offer shall be acceptable to the California Coastal Commission in form and content. Visitor accommodations and services on parcels adjoining the shoreline as identified on the public access maps shall provide public access to the blufftop and/or the shoreline. The access, to be required as a condition of permit approval or other methods as described in this Chapter, shall be available to the public at large as well as to guests. In the event that the use is changed to a use other than visitor accommodations or services, an irrevocable offer to dedicate an easement for public access shall be made available to a public entity for acceptance and management. If the accessway is reopened, it shall remain available to the public free of entrance charge.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.040 - Procedures for Conveyance of Title.

(A)

Prior to issuance of the coastal development permit, the landowner shall record in the official records of the County Recorder of Mendocino County an offer to dedicate an easement as a condition of project approval as follows:

(1)

The offer shall be free of prior liens except for tax liens and free of prior encumbrances which may affect the interest being conveyed.

(2)

The offer shall run with the land binding successors and assigns of the landowner and shall be irrevocable for a period of twenty-one (21) years beginning from the date of recording.

(3)

The offer shall convey to the people of the State of California an easement for access over and across the offerers' property.

(4)

Each offer of dedication will provide that the title for each easement shall be automatically conveyed upon acceptance by a qualified agency as named by the Director after a management plan has been accepted.

(B)

Procedures for Access and Open Space Easements and Documents Restricting Use. The purpose of this subsection is to provide procedures pertaining to coastal development permits containing conditions for

access, open space or conservation easements or the processing of other legal documents resulting from conditions of a coastal development permit which restricts use where such conditions are required by the Coastal Element of the General Plan.

(1)

Upon completion of final action on a coastal development permit requiring the applicant to record an access, open space or conservation easement or other document restricting use, and prior to the issuance of the permit, the Coastal Permit Administrator shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies. If requested, the Coastal Commission will prepare the documents and forward copies to the County for processing;

(2)

The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents where review is requested and thirty (30) working days where preparation is requested in which to complete the review or preparation and notify the applicant and Coastal Permit Administrator of recommended revisions if any;

(3)

If the Coastal Permit Administrator does not receive notification of inadequacy of documents within the review or preparation period, the permit may be issued upon proof that the documents have been recorded free of prior Hens and encumbrances, except tax Hens, in accordance with the provisions of this Division;

(4)

Where revisions are required to meet the standards of this section, the permit shall not be issued until the county has been notified that all issues of adequacy, uniformity and consistency have been resolved and the document has been recorded free of prior liens and encumbrances, except tax liens, in accordance with the provisions of the certified local coastal program;

(5)

Copies of the recorded document(s), title report, and permit shall be forwarded to the Coastal Commission within ten (10) days after recordation of the document(s).

(6)

Offers to dedicate required public access shall be recorded prior to issuance of a Coastal Development Permit.

(C)

Acceptance of Offer. Acceptance of the offer may be affected by the recordation by the named grantee, in the official records of the County Recorder of Mendocino County, of a Resolution of Acceptance of the irrevocable offer substantially in the form of Exhibit A attached hereto.

The Resolution of Acceptance shall be provided to the grantor or the grantor's successors in interest for the purpose of notifying the property owner of record of the intent of the grantee to accept the recorded offer of dedication.

(D)

Reversion of Tide. If after twenty-one (21) years from the date of recording of the offer of dedication, no public agency or private entity has accepted said offer, the landowner Will regain full title and unencumbered use of the offered land.

(Ord. No. 3785 (part), adopted 1991)

Sec. 20.528.045 - Accessway Management Plan.

No accessway shall be opened for public use until an Accessway Management Plan has been prepared by the managing agency and accepted by the Director. At a minimum, the Plan shall:

(A)

Provide for a design which avoids or mitigates any public safety hazards and any adverse impacts on agricultural operations or identified coastal resources;

(B)

Set forth the agency(ies) responsible for operating, maintaining and assuming liability for the accessway;

(C)

Set forth any other known provisions such as facilities to be provided, signing, use restrictions and special design and monitoring requirements; and

(D)

Set forth provisions for protecting the accessway from vandalism and/or improper use (e.g., guarded gate, security patrol, hours of operation or period/seasons of closure and fees, if any).

(Ord. No. 3785 (part), adopted 1991)